Privacy Policy
We process personal data (hereinafter mostly referred to as “data”) only to the extent necessary and for the purpose of providing a functional and user-friendly website, including its content and the services offered there.
According to Article 4(1) of Regulation (EU) 2016/679, the General Data Protection Regulation (hereinafter referred to as “GDPR”), “processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or linking, restriction, erasure or destruction.
With the following privacy policy, we inform you in particular about the type, scope, purpose, duration, and legal basis of the processing of personal data, insofar as we decide either alone or jointly with others on the purposes and means of processing. Furthermore, we inform you below about the third-party components we use for optimization purposes and to improve the quality of use, insofar as third parties process data under their own responsibility.
Our privacy policy is structured as follows:
I. Information about us as the responsible party
II. Rights of users and data subjects
III. Information on data processing
I. Information about us as the responsible party
The responsible provider of this website in terms of data protection law is:
HEAD OFFICE
SHOWROOM39 GmbH
RUESSENSTRASSE 5A
CH – 6340 BAAR
TEL: G +41 41 766 6800
MAIL: drinks@atanddrinks.ch
WEB: www.artanddrinks.ch
VAT No.: CHE-202.874.011
SHOWROOM39
WAREHOUSE / COLLECTION DRINKS
Untere Heslibachstrasse 39
CH – 8700 Küsnacht
TEL: G +41 44 211 7706
MAIL: drinks@artanddrinks.ch
ONLINE SHOP: www.artanddrinks.ch
II. Rights of users and data subjects
With regard to the data processing described in more detail below, users and data subjects have the right
- to confirmation as to whether data concerning them is being processed, to information about the data being processed, to further information about the data processing and to copies of the data (see also Art. 15 GDPR);
- to rectification or completion of incorrect or incomplete data (see also Art. 16 GDPR);
- to the immediate erasure of the data concerning them (see also Art. 17 GDPR), or, alternatively, if further processing is necessary pursuant to Art. 17 (3) GDPR, to the restriction of processing in accordance with Art. 18 GDPR;
- to receive the data concerning them and provided by them and to transmit this data to other providers/controllers (see also Art. 20 GDPR);
- to lodge a complaint with the supervisory authority if they believe that the data concerning them is being processed by the provider in violation of data protection regulations (see also Art. 77 GDPR).
Furthermore, the provider is obligated to inform all recipients to whom data has been disclosed by the provider of any rectification or erasure of data or restriction of processing carried out pursuant to Articles 16, 17 (1), and 18 GDPR. However, this obligation shall not apply if such notification is impossible or involves disproportionate effort. Notwithstanding this, the user has a right to information about these recipients.
Likewise, according to Art. 21 GDPR, users and data subjects have the right to object to the future processing of their data, provided that the data is processed by the provider in accordance with Art. 6 (1) (f) GDPR. In particular, an objection to data processing for direct marketing purposes is permissible.
III. Information on data processing
Your data processed when you use our website will be deleted or blocked as soon as the purpose of storage no longer applies, there are no legal retention obligations that prevent the deletion of the data and no other information is given below regarding individual processing procedures.
Cookies
a) Session cookies
We use so-called cookies on our website. Cookies are small text files or other storage technologies that are placed and stored on your device by the internet browser you use. These cookies process certain information about you on an individual basis, such as your browser or location data or your IP address.
This processing makes our website more user-friendly, effective and secure, as it enables, for example, the display of our website in different languages or the provision of a shopping cart function.
The legal basis for this processing is Art. 6 (1) (b) GDPR, provided that these cookies process data for the purpose of initiating or executing a contract.
If the processing does not serve to initiate or execute a contract, our legitimate interest lies in improving the functionality of our website. The legal basis is Art. 6 (1) (f) GDPR.
When you close your internet browser, these session cookies are deleted.
b) Third-party cookies
Our website may also use cookies from partner companies with whom we work for the purposes of advertising, analysis or the functionality of our website.
For details, in particular regarding the purposes and legal basis for processing such third-party cookies, please see the information below.
c) Possibility of removal
You can prevent or restrict the installation of cookies by adjusting the settings in your Internet browser. You can also delete cookies that have already been saved at any time. The steps and measures required to do this depend on the specific Internet browser you are using. If you have any questions, please use the help function or documentation of your Internet browser or contact the manufacturer or support. In the case of so-called Flash cookies, however, the processing cannot be prevented via the browser settings. Instead, you must change the settings of your Flash player. The steps and measures required to do this also depend on the specific Flash player you are using. If you have any questions, please also use the help function or documentation of your Flash player or contact the manufacturer or user support.
However, if you prevent or restrict the installation of cookies, this may mean that not all functions of our website can be used to their full extent.
Customer account / registration function
If you create a customer account with us via our website, we will collect and store the data you entered during registration (e.g., your name, address, or email address) exclusively for pre-contractual services, for contract fulfillment, or for customer care purposes (e.g., to provide you with an overview of your previous orders with us or to offer you the so-called wish list function). At the same time, we will store your IP address and the date and time of your registration. This data will not be passed on to third parties.
As part of the registration process, your consent to this processing will be obtained and reference will be made to this privacy policy. The data we collect will be used exclusively to provide the customer account.
If you consent to this processing, Art. 6 (1) (a) GDPR is the legal basis for the processing.
If the opening of the customer account also serves pre-contractual measures or the fulfilment of the contract, the legal basis for this processing is also Art. 6 (1) (b) GDPR.
You may revoke your consent to open and maintain a customer account at any time with future effect in accordance with Art. 7 (3) GDPR. To do so, you simply need to notify us of your revocation.
The data collected in this way will be deleted as soon as processing is no longer necessary. However, we must observe retention periods under tax and commercial law.
User contributions, comments and ratings
We offer you the opportunity to publish questions, answers, opinions, or reviews, hereinafter referred to as "contributions," on our website. If you take advantage of this offer, we will process and publish your contribution, the date and time of submission, and any pseudonym you may use.
The legal basis for this is Art. 6 (1) (a) GDPR. You can revoke your consent at any time with future effect in accordance with Art. 7 (3) GDPR. To do so, you simply need to notify us of your revocation.
In addition, we also process your IP and email address. The IP address is processed because we have a legitimate interest in initiating or supporting further action if your contribution infringes on the rights of third parties and/or is otherwise unlawful.
The legal basis in this case is Art. 6 (1) (f) GDPR. Our legitimate interest lies in the necessary legal defense.
We maintain an online presence on Pinterest to present our company and our services and to communicate with customers and interested parties. Pinterest is a service of Pinterest Inc., 651 Brannan Street, San Francisco, CA, 94107, USA.
In this respect, we would like to point out that user data may be processed outside the European Union, particularly in the USA. This may increase the risks for users, for example, by making subsequent access to user data more difficult. We also have no access to this user data. Access to this data lies exclusively with Pinterest. Pinterest Inc. is certified under the Privacy Shield and is therefore committed to complying with European data protection standards.
https://www.privacyshield.gov/participant?id=a2zt00000008VVzAAM&status=Active
Pinterest’s privacy policy can be found at
https://policy.pinterest.com/de/privacy-policy
We maintain an online presence on LinkedIn to present our company and our services and to communicate with customers and interested parties. LinkedIn is a service of LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland, a subsidiary of LinkedIn Corporation, 1000 W. Maude Avenue, Sunnyvale, CA 94085, USA.
In this respect, we would like to point out that user data may be processed outside the European Union, particularly in the USA. This may increase the risks for users, for example, by making subsequent access to user data more difficult. We also have no access to this user data. Access to this data is solely available to LinkedIn. LinkedIn Corporation is certified under the Privacy Shield and is therefore committed to complying with European data protection standards.
https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active
LinkedIn’s privacy policy can be found at
https://www.linkedin.com/legal/privacy-policy
To promote our products and services and to communicate with interested parties or customers, we maintain a company presence on the Facebook platform.
On this social media platform, we are jointly responsible with Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland.
Facebook’s data protection officer can be reached via a contact form:
https://www.facebook.com/help/contact/540977946302970
We have regulated our joint controllership in an agreement regarding our respective obligations under the GDPR. This agreement, from which our mutual obligations arise, can be accessed at the following link:
https://www.facebook.com/legal/terms/page_controller_addendum
The legal basis for the resulting processing of personal data, as described below, is Art. 6 (1) (f) GDPR. Our legitimate interest lies in the analysis, communication, sale, and promotion of our products and services.
The legal basis may also be the user's consent to the platform operator pursuant to Art. 6 (1) (a) GDPR. According to Art. 7 (3) GDPR, the user may revoke this consent at any time with effect for the future by notifying the platform operator.
When you visit our online presence on the Facebook platform, Facebook Ireland Ltd., as the operator of the platform in the EU, processes user data (e.g. personal information, IP address, etc.).
This user data is used to collect statistical information about the use of our company presence on Facebook. Facebook Ireland Ltd. uses this data for market research and advertising purposes, as well as to create user profiles. Based on these profiles, Facebook Ireland Ltd. is able, for example, to advertise to users both within and outside of Facebook based on their interests. If the user is logged into their Facebook account at the time of the visit, Facebook Ireland Ltd. can also link the data to the respective user account.
If the user contacts us via Facebook, the personal data entered on this occasion will be used to process the request. The user's data will be deleted by us once the user's request has been conclusively answered and there are no statutory retention periods, such as those required for subsequent contract processing.
Facebook Ireland Ltd. may also set cookies to process the data.
If the user does not agree to this processing, they have the option of preventing the installation of cookies by selecting the appropriate settings in their browser. Cookies already stored can also be deleted at any time. The settings for this depend on the respective browser. Flash cookies cannot be prevented via the browser settings, but rather by selecting the appropriate settings in the Flash Player. If the user prevents or restricts the installation of cookies, this may result in not all Facebook functions being fully usable.
Further information on the processing activities, their prevention and the deletion of data processed by Facebook can be found in Facebook's data policy:
https://www.facebook.com/privacy/explanation
It cannot be ruled out that processing by Facebook Ireland Ltd. may also be carried out via Facebook Inc., 1601 Willow Road, Menlo Park, California 94025 in the USA.
Facebook Inc. has submitted to the “EU-US Privacy Shield” and thereby declares that it complies with EU data protection regulations when processing data in the USA.
https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active
To promote our products and services and to communicate with interested parties or customers, we maintain a company presence on the Instagram platform.
On this social media platform, we are jointly responsible with Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland.
Instagram’s data protection officer can be reached via a contact form:
https://www.facebook.com/help/contact/540977946302970
We have regulated our joint controllership in an agreement regarding our respective obligations under the GDPR. This agreement, from which our mutual obligations arise, can be accessed at the following link:
https://www.facebook.com/legal/terms/page_controller_addendum
The legal basis for the resulting processing of personal data, as described below, is Art. 6 (1) (f) GDPR. Our legitimate interest lies in the analysis, communication, sale, and promotion of our products and services.
The legal basis may also be the user's consent to the platform operator pursuant to Art. 6 (1) (a) GDPR. According to Art. 7 (3) GDPR, the user may revoke this consent at any time with effect for the future by notifying the platform operator.
When you visit our online presence on the Instagram platform, Facebook Ireland Ltd., as the operator of the platform in the EU, processes user data (e.g. personal information, IP address, etc.).
This user data is used to collect statistical information about the use of our company presence on Instagram. Facebook Ireland Ltd. uses this data for market research and advertising purposes, as well as to create user profiles. Based on these profiles, Facebook Ireland Ltd. is able, for example, to advertise to users both within and outside of Instagram based on their interests. If the user is logged into their Instagram account at the time of the visit, Facebook Ireland Ltd. can also link the data to the respective user account.
If the user contacts us via Instagram, the personal data entered on this occasion will be used to process the request. The user's data will be deleted by us provided the user's request has been conclusively answered and there are no statutory retention periods, such as those required for subsequent contract processing.
Facebook Ireland Ltd. may also set cookies to process the data.
If the user does not agree to this processing, they have the option of preventing the installation of cookies by selecting the appropriate settings in their browser. Cookies already stored can also be deleted at any time. The settings for this depend on the respective browser. Flash cookies cannot be prevented via the browser settings, but rather by selecting the appropriate settings in the Flash Player. If the user prevents or restricts the installation of cookies, this may result in not all Facebook functions being fully usable.
Further information on the processing activities, their prevention and the deletion of the data processed by Instagram can be found in Instagram's data policy:
https://help.instagram.com/519522125107875
It cannot be ruled out that processing by Facebook Ireland Ltd. may also be carried out via Facebook Inc., 1601 Willow Road, Menlo Park, California 94025 in the USA.
Facebook Inc. has submitted to the “EU-US Privacy Shield” and thereby declares that it complies with EU data protection regulations when processing data in the USA.
https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active
Social media linking via graphic or text link
We also promote our presence on the social networks listed below on our website. Integration is achieved via a linked graphic of the respective network. Using this linked graphic prevents a connection to the respective social network's server from being automatically established when accessing a website that has a social media advertisement in order to display a graphic from the respective network itself. Only by clicking on the corresponding graphic will the user be redirected to the respective social network's service.
After the user is redirected, information about the user is collected by the respective network. It cannot be ruled out that the data collected in this way will be processed in the USA.
This initially includes data such as IP address, date, time, and page visited. If the user is logged into their user account on the respective network during this time, the network operator may be able to assign the collected information from the specific user visit to the user's personal account. If the user interacts via a "Share" button on the respective network, this information may be stored in the user's personal user account and possibly published. If the user wishes to prevent the collected information from being directly assigned to their user account, they must log out before clicking on the graphic. It is also possible to configure the respective user account accordingly.
The following social networks are integrated into our site via links:
Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, a subsidiary of Facebook Inc., 1601 S. California Ave., Palo Alto, CA 94304, USA.
Privacy Policy: https://www.facebook.com/policy.php
EU-US Privacy Shield Certification https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active
Pinterest Inc., 651 Brannan Street, San Francisco, CA, 94107, USA.
Privacy Policy: https://policy.pinterest.com/de/privacy-policy
EU-US Privacy Shield certification
https://www.privacyshield.gov/participant?id=a2zt00000008VVzAAM&status=Active
LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland, a subsidiary of LinkedIn Corporation, 1000 W. Maude Avenue, Sunnyvale, CA 94085 USA.
Privacy Policy: https://www.linkedin.com/legal/privacy-policy
EU-US Privacy Shield Certification https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active
Google Analytics
We use Google Analytics on our website. This is a web analysis service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, hereinafter referred to as "Google."
Through certification under the EU-US Privacy Shield
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Google guarantees that EU data protection regulations will also be complied with when processing data in the USA.
The Google Analytics service is used to analyze the usage behavior of our website. The legal basis is Art. 6 (1) (f) GDPR. Our legitimate interest lies in the analysis, optimization, and economic operation of our website.
Usage and user-related information, such as IP address, location, time, or frequency of visits to our website, is transmitted to a Google server in the USA and stored there. However, we use Google Analytics with the so-called anonymization function. This function shortens the IP address within the EU or EEA.
The data collected in this way is then used by Google to provide us with an evaluation of visits to our website and the user activities there. This data may also be used to provide other services related to the use of our website and the internet.
Google states that it will not associate your IP address with any other data. Furthermore, Google maintains
https://www.google.com/intl/de/policies/privacy/partners
We provide you with further information on data protection, including options for preventing the use of your data.
Google also offers
https://tools.google.com/dlpage/gaoptout?hl=de
a so-called deactivation add-on along with further information. This add-on can be installed with common internet browsers and offers you further control over the data that Google collects when you visit our website. The add-on tells the Google Analytics JavaScript (ga.js) that information about your visit to our website should not be transmitted to Google Analytics. However, this does not prevent information from being transmitted to us or to other web analysis services. Whether and which other web analysis services we use can of course also be found in this privacy policy.
Jetpack – WordPress Stats
We use Jetpack with the "WordPress Stats" extension on our website. This is a web analytics service provided by Automattic Inc., 132 Hawthorne Street, San Francisco, CA 94107, USA, hereinafter referred to as "Automattic."
Through certification under the EU-US Privacy Shield
https://www.privacyshield.gov/participant?id=a2zt0000000CbqcAAC&status=Active
Automattic guarantees that EU data protection regulations are also adhered to when processing data in the USA.
The Jetpack – WordPress Stats service is used to analyze the usage behavior of our website. The legal basis is Art. 6 (1) (f) GDPR. Our legitimate interest lies in the analysis, optimization, and economic operation of our website.
To analyze user behavior, Jetpack – WordPress Stats stores cookies on your device via your internet browser.
During processing, your IP address, the website(s) of our website you visit, the website from which you came to our website (referrer URL), the length of time you spend on our website, and the frequency with which you visit one of our websites are recorded. The data collected is stored on an Automattic server in the USA. However, your IP address is anonymized immediately after processing and before it is saved.
If you do not agree to this processing, you have the option of preventing the storage of cookies by selecting the appropriate settings in your browser. Further information can be found above under "Cookies."
Google Maps
We use Google Maps on our website to display our location and provide directions. This is a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, hereinafter referred to as "Google."
Through certification under the EU-US Privacy Shield
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Google guarantees that EU data protection regulations will also be complied with when processing data in the USA.
In order to enable the display of certain fonts on our website, a connection to the Google server in the USA is established when you visit our website.
If you access the Google Maps component integrated into our website, Google will store a cookie on your device via your internet browser. In order to display our location and provide directions, your user settings and data will be processed. We cannot rule out the possibility that Google may use servers in the USA.
The legal basis is Art. 6 (1) (f) GDPR. Our legitimate interest lies in optimizing the functionality of our website.
Through the connection to Google established in this way, Google can determine from which website your request was sent and to which IP address the directions should be sent.
If you do not agree to this processing, you have the option of preventing the installation of cookies by selecting the appropriate settings in your Internet browser. Details can be found above under the "Cookies" section.
In addition, the use of Google Maps and the information obtained via Google Maps is subject to the Google Terms of Use https://policies.google.com/terms?gl=DE&hl=de and the Terms and Conditions for Google Maps https://www.google.com/intl/de_de/help/terms_maps.html.
In addition, Google offers
https://adssettings.google.com/authenticated
https://policies.google.com/privacy
further information.
Google reCAPTCHA
We use Google reCAPTCHA on our website to verify and prevent interactions on our website through automated access, e.g., by so-called bots. This is a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, hereinafter referred to as "Google."
Through certification under the EU-US Privacy Shield
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Google guarantees that EU data protection regulations will also be complied with when processing data in the USA.
This service allows Google to determine which website a request is sent from and the IP address from which you use the so-called reCAPTCHA input box. In addition to your IP address, Google may also collect other information necessary to provide and guarantee this service.
The legal basis is Art. 6 (1) (f) GDPR. Our legitimate interest lies in the security of our website and in preventing unwanted, automated access in the form of spam or similar.
Google offers
https://policies.google.com/privacy
further information on the general handling of your user data.
Google Fonts
We use Google Fonts to display external fonts on our website. This is a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, hereinafter referred to as "Google."
Through certification under the EU-US Privacy Shield
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Google guarantees that EU data protection regulations will also be complied with when processing data in the USA.
In order to enable the display of certain fonts on our website, a connection to the Google server in the USA is established when you visit our website.
The legal basis is Art. 6 (1) (f) GDPR. Our legitimate interest lies in the optimization and economic operation of our website.
Through the connection to Google established when you visit our website, Google can determine from which website your request was sent and to which IP address the font display should be transmitted.
Google offers
https://adssettings.google.com/authenticated
https://policies.google.com/privacy
further information, in particular on the options for preventing data usage.