Date of issue : May 1st 2020
Our Company is aware that the collection of Personal Data involves considerable trust from yourself.
We take this trust very seriously and make it our priority to ensure that you have the greatest privacy and security in relation with your Personal Data.
Please read our policy on privacy.
By using the Site, you agree to the practices set out here below:
1. Personal Data
“Personal Data” is defined by article 3 let.a of the Federal Law on Data Protection (LPD; rs 235.1) and the Federal Order on Data Protection (OPD; RS 235.11), which is to say all information relating to an identified or identifiable person.
2. File Controller
The File Controller (which is to say the person legally responsible for the object and the contents of the data file) is Aux Soins Naturels, Tamara Dutta, 16 Pélisserie, 1204 Geneva, Switzerland, [firstname.lastname@example.org]
The purpose of the Policy is to set out our procedures relating to the collection, processing, storage, transfer, use and disclosure of Personal Data which we receive from the Users.
The Policy shall apply to any use or visit to the Site, whatever the manner or means used. It shall set out the conditions to which, when you use the Site, the Company may gather, collect, process, keep, use, store, backup and delete the information relating to you, including your Personal Data.
4. Agreement to the Policy
Upon using or visiting the Site, whether in the capacity as a User or a visitor (hereafter: “You”), you agree that the Company may gather and process a certain amount of Personal Data about yourself.
By accessing, browsing or using the Site, you recognize that you have read and understood this Policy and agree to be bound by it and that you comply with all applicable laws and regulations.
5. Modifications to the Policy
The Company reserves the right to make any change to its Policy, at its sole and full discretion. Users shall be informed of any such changes by email. The agreement of Users with the modifications to the Policy shall be required so that the Company may continue to process the Personal Data of the Users. The fact of using the Site after such changes or after agreeing to a new Policy shall constitute your agreement to said modifications.
In the event of a refusal of said changes, the User shall have a period of ten (10) days within which to close its account.
6. Data which may be gathered
- a) Data communicated by the User
When you place an order on the Site, we shall collect, process and store your Personal Data. We may also collect the Personal Data which you provide whilst browsing the Site.
A certain amount of the Site functionality is reserved for those who have created an account.
When you place an order on our site, or interact with the Company in any other manner (including by email), you may be asked to provide a certain amount of information, including (in particular):
– your contact details, which is to say your first and last name, company, postal and electronic address, your phone number;
– your date of birth;
– your gender;
– your invoice address;
– your address of delivery;
– country of residence;
– language for correspondence.
This information is required in order to identify the user as a co-contractor of the Company, in order to facilitate (i) the creation, modification, the performance and the termination of a contractual relationship, (ii) the communication required relating to the Site and its functionality and (iii) to avoid any breach of the General Conditions of Use (in particular with respect to the minimum age for registration).
- b) Data collected in relation with the use of the Site or by emails
When you access, visit or browse the Site, or when you receive and/or respond to Company emails, the Site server automatically registers the details relating to your access and your actions. This includes by way of example the date and time of your visit, the browser you use, your IP address, the place of connection, the volume of data transmitted, the links which you may follow, the web pages as well as the content which you consult, the duration of any such consultation as well as any other similar information and statistics in relation with your interactions (scrolling, clicks, mouse movements) or even the manner in which you leave our Site.
The Company shall collect information provided by your computer, such as your operating system, the type of computer, the browser used, the dates and times of connection.
When you visit the Site via a mobile device, we shall automatically collect data regarding the type of device used, the IMEI, the operating system used and your device’s identifier.
This information and data are automatically gathered, in particular by cookies (performance and tracking cookies, functional cookies, technical cookies, browsing cookies, etc) and web beacons. They shall also be gathered by third party applications and content tools, such as Google Analytics (cf. articles 8 and 9).
The Company shall also register your order history, in order to suggest to you products which correspond with your consumer habits. The Company shall also register your searches for products, your interests and any information which you enter in relation with your use of the Site.
- c) Data gathered via electronic communication protocols
Over and above the cases set out here above, the Company may collect information relating to your use of the Site via electronic communication protocols. As is the case when you visit many internet sites, the Company shall receive from you information relating to your connection, such as network routing information (the place where you connect), information relating to your equipment (browser used), as well as the time and date of connections.
This allows us to follow and analyse your use of the Site in order to improve its features and ergonomics.
- d) Data collected from third party services or social networks.
When you authorise a third party social network (Facebook, Twitter, YouTube, etc.) to share information and data with the Company, the Company may receive all the information which you share publicly on the social network, as well as all information which is a part of your profile or which you authorise the social network to share (name, email, gender, profile image, user code, list of friends or contacts, etc).
7. Use of data
The Company shall mainly use the Personal Data for the purpose of improving the Site and the User’s experience and in order to suggest Products which target your specific needs.
The data shall be used by the Company in order to offer all the features of the Site to the Users, to allow for the correct performance of all the features of the Site, to interact with the Users and to respond to questions and comments of Users.
We mainly use you Personal Data for the following reasons:
– process your orders on the Site;
– invoice you for the Products ordered;
– better respond to your requests regarding our Products;
– maintain and improve the Site and/or our Products;
– study and accumulate statistical data regarding User behaviour;
– prepare anonymous provisional reports for internal use or for external partners;
– communicate with you;
– respond to your questions and emails;
– prevent any potential improper or unlawful activities;
– ensure the security of the Site;
– apply the Site General Conditions of Use.
The Company may use your Personal Data for commercial, promotional or marketing purposes.
With your agreement or within the limits of the applicable rules and regulations, the Company may use the Personal Data and information to send you information on the services available on the Site, tailor-made emails, or promotional offers
, as well as develop a direct relationship with each of the Users. You may also receive messages from the Company, as well as targeted advertising. The Company may use your Personal Data collected from the Site or via the Site in order to personalize promotional offers which you may see, in particular based on your activity.
The Company may, upon the completion of a sale, keep the Personal Data relating to the sale price, the place and the type of goods, in order to use these as a reference and in order to promote its products.
Your Personal Data may also be used in order to develop partnerships with third parties as well as new services, features or activities on the Site, in particular on the basis of your profile, your use of the Site as well as the information submitted by you upon registration. However, the Company undertakes not to market your Personal Data. A transfer of the assets of the Company is specifically reserved.
With your agreement or within the limits of the applicable rules and regulations, the Company may use the data and information in order to analyse your preferences and habits, personalise your use of the Site as well as to improve the Site and all its features. This may also allow it to offer each of its Users Site content which is better adapted to their interests.
- d) System and maintenance reports
For reasons relating to functionality and maintenance, the Company or a third party may collect files which record your activity on the Site (system reports) or use other Personal Data (such as IP addresses) for this purpose.
8. Cookies, web beacons and similar technologies
The Company may collaborate with other companies which insert Cookies, Web beacons or other tracking technology on the Site. These companies help the Company manage the Site as well as offer services and additional products. The use of these technologies by said third parties is subject to their own conditions, privacy policies as well as conditions of use, which are not covered by this Policy and for which the Company may not be held liable.
9. Google Analytics
To find out more about how to not be followed by Google Analytics on Sites which you visit, visit the page [tools.google.com/dlpage/gaoptout].
10. Sharing and communication of data
Other than the Company, Personal Data may be accessed by persons in charge of the functioning of the Site (administration, commercial, marketing, legal, system administration) or via third parties (such as technical, email, Site hosting, IT maintenance or communication agency service providers) instructed by the Company to process said data. The updated list of these outside providers may be requested at any time from the file controller.
The Company may share the Personal Data about Users with those subcontractors who work on behalf of the Company. Such a transfer is carried out in order to assist or participate in the functioning of the Site, in particular as a manager, host or by saving the Site, for advertising or communicating marketing messages regarding our products, services and offers, to carry out research, supervision and to analyse the status of the network. It may also be used to assist the performance of commercial transactions, including the provision of services to clients.
Although the Company can share your Personal Data with its service providers in order to carry out those actions set out here above, such as the web host or the Site webmaster, we require that the processing of your Personal Data be limited and carried out within the framework as defined by the Policy.
Your Personal Data shall be stored in Switzerland on servers belonging to Informaniak Network SA.
In order to identify the Site webmaster, please contact : [email@example.com]
- b) To third parties with your consent
The Personal Data of Users may solely be shared, with their consent, with third parties involved in the sales contract, which is to say in particular the financial institutions in charge of providing the payment service for products ordered on the Site. The Company shall not be liable for the use made of said data by the third party to which it has been sent.
- c) To meet a legal obligation or to defend our rights
The Personal Data may also be shared in order to meet requests by legitimate governmental authorities or where such is required by the applicable laws, the decision of a tribunal or a governmental regulation, as is the case where it is deemed appropriate for audits or in order to investigate or respond to a claim or a security threat, or in any other manner in order to defend the Company’s interests.
11. No registration of payment information
We do not register and do not request banking data or data relating to bank or credit cards.
12. Transfer abroad
The Personal Data processed by the Company shall mainly be stored in Switzerland, but may also be transferred to other countries. In such a case, the Company shall comply with all applicable rules and regulations and take all required and necessary measures prior to transferring any data abroad.
You hereby agree that your Personal Data may be transferred and stored on computers which are outside of your country, where data protection laws offer a level of protection which is comparable to those which apply in Switzerland. In the event of an international transfer of Personal Data, we shall take all those security measures which are necessary to protect said data.
The security of you Personal Data is very important to us. The Company undertakes to process your Personal Data in a suitable manner and shall take all technical and organisational measures in order to prevent fraudulent access, disclosure, modification or the unauthorized destruction of your Personal Data.
The Company uses standard technology and security measures, rules and other measures in order to protect your personal information from any unauthorized access, abusive use, disclosure, loss or destruction. Security barriers (firewalls) as well as methods to protect passwords complying with industry standards are also used in order to protect your identification data.
You recognize that internet use is not secure and that it presents risks regarding your Personal Data. The Company shall use its best endeavours to protect your Personal Data, but can neither guarantee nor ensure that the data which you send to the Company is safe and protected from theft and unauthorized access by third parties, a loss for which we do not accept any liability.
It is your responsibility to ensure that the computer you use is properly secure and protected against any malware such as Trojan Horses, computer viruses and worms. You are aware of the fact that without suitable security measures (including a secure configuration of your web browser settings and up to date anti virus software), there is a risk that the data and passwords used by you to protect access to your data may be communicated to unauthorized third parties.
In the event that you Personal Data may be unduly consulted by an unauthorized person or if there is a reason to believe that they have been so consulted, and that the law in force obliges us to so notify you, the Company undertakes to inform you of any breach by email.
14. Particular rights
As a User, you may ask the Company whether it processes Personal Data relating to yourself, receive a copy of the processed data (in which case, the Company shall require a copy of official identification) and may thereafter instruct the Company to correct any erroneous Personal Data.
You may, at any time, request access to your Personal Data collected by the Company, the modification of any erroneous information or the deletion of all your Personal Data which has been collected.
Any and all Users may withdraw at all times his or her consent for the processing of his or her Personal Data.
The Company guarantees the portability of your Personal Data and undertakes to transfer your Personal Data to any third party service should you so request in writing.
Should you wish to enforce any of these rights, please contact the Company by post to the following address: Aux Soins Naturels, Tamara Dutta, 16 Pélisserie, 1204 Geneva, Switzerland. You may be asked to attach a copy of an official identification document (identity card, driving license or passport).
Please note that any information copied by us may remain on our backup system for a period of time following your request for deletion. Even in such a case, none of the Personal Data relating to your User account shall appear in our active Users database. Do not forget that Personal Data sent to a third party service, such as a social network, shall not be stored on our servers and therefore may not be removed from the internet by our Company. Finally, legal obligations may block your deletion request.
15. Data deletion and backup systems
In principle, all Personal Data which has been gathered via the Site (whether automatically or sent by the User) shall be deleted upon the termination of the account or upon closure of the Site, except in the event of a legal obligation to keep said data or if the Price has not been paid.
All data which has been gathered via the Site may be kept and remain registered even after the termination of an account or the closure of the Site, temporarily at least, in particular in the case of backup systems. Information which is anonymous may be kept without limit.
17. Compliance with and application of the law
In the event of a legal obligation, the Company shall collaborate with government officials, the courts and private parties to apply and comply with the law. In such a case, we shall send all your Personal Data to government officials, the courts and private parties if we deem it necessary and helpful in order to comply with our legal obligation to respond to a legal action or proceeding (including, in particular, any summons to appear subject to a fine for non compliance), in order to defend the property and the rights of the Company, to protect public safety or the security of any person, to prevent or stop any activity which may be deemed to or present a risk of being unlawful or may be subject to criminal proceedings. Regarding compliance, please contact: [firstname.lastname@example.org].
18. Transfer of assets
19. Applicable law and jurisdiction
The Policy, as well as all issues flowing therefrom or in relation thereto (including disputes or non contractual claims and the interpretation thereof) shall be subject to Swiss law, to the exclusion of conflict of laws rules (LDIP).
All disputes and claims between a User and the Company relating to any issue regarding the present Policy shall come under the sole jurisdiction of the tribunals of the Company registered office, which is to say at Geneva, subject to an appeal to the Swiss Federal Tribunal.