Privacy policy

The controller within the meaning of data protection legislation, in particular the EU General Data Protection Regulation (GDPR), is:

Di Bennardo AG
Morgartenstrasse 5
-8004 Zurich
Phone: +41 44 451 04 65
E-mail: info@dibennardo.ch
Homepage: http://www.dibennardo.com/

GENERAL INFORMATION
Based on Article 13 of the Swiss Federal Constitution and the federal data protection provisions (Data Protection Act, FADP), everyone is entitled to the protection of their privacy and to protection against the misuse of their personal data. Di Bennardo takes the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy. In cooperation with our hosting providers, we strive to protect the databases as much as possible against unauthorised access, loss, misuse or falsification.

We would like to point out that data transmission over the Internet (e.g. when communicating via e-mail) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible. By using this website, you agree to the collection, processing and use of data as described below. This website can generally be visited without registration. Data such as pages accessed or the name of the file accessed, date and time are stored on the server for statistical purposes, without these data being directly related to you.

Personal data, in particular name, address or e-mail address, is collected voluntarily wherever possible. Data will not be disclosed to third parties without your consent.

PROCESSING OF PERSONAL DATA
Personal data is any information relating to an identified or identifiable person. A data subject is a person whose personal data is processed. Processing includes all handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, erasure, storage, modification, destruction and use of personal data. We process personal data in accordance with Swiss data protection law. In addition, to the extent that the EU GDPR applies, we process personal data in accordance with the following legal bases in connection with Art. 6 para. 1 GDPR:

a) Processing of personal data with the consent of the data subject.

b) Processing of personal data in order to perform a contract with the data subject and to take appropriate steps prior to entering into a contract.

c) Processing of personal data for the fulfilment of a legal obligation to which we are subject in accordance with any applicable law of the EU or the applicable law of a country in which the GDPR applies in whole or in part.

d) Personal data processing in order to safeguard the legitimate interests pursued by us or by third parties, unless these are overridden by the interests and fundamental rights or freedoms of the data subject. Legitimate interests include, in particular, our business interest in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.

We process personal data for the period of time necessary for the respective purpose(s). In the event of longer retention obligations due to legal and other obligations to which we are subject, we restrict the processing accordingly.


PRIVACY POLICY FOR COOKIES
This website uses cookies. These are small text files that make it possible to store specific user-related information on the user’s end device while using the website. Cookies make it possible, in particular, to determine the frequency of use and the number of users of the pages, to analyse page usage behaviour and to make our website more customer-friendly
. Cookies remain stored after the end of a browser session and can be called up again when you visit the site again. If you do not want this to happen, you should set your internet browser to refuse the acceptance of cookies. A general objection to the use of cookies for online marketing purposes can be declared on the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/ for a variety of services, particularly in the case of tracking. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that in this case you may not be able to use all the features of this website.


PRIVACY POLICY FOR SSL ENCRYPTION
This website uses SSL encryption for security reasons and to protect the transmission of confidential content, such as the queries you send to us as the site operator. You can recognise an encrypted connection by the fact that the address bar of the browser changes from ‘http://’ to ‘https://’ and by the padlock symbol in your browser bar. If SSL encryption is activated, the data you transmit to us cannot be read by third parties.


PRIVACY POLICY FOR SERVER LOG FILES
The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

• Browser type and browser version
• Operating system used
• Referrer URL
• Host name of the accessing computer
• Time of the server request

This data cannot be assigned to specific persons. This data is not merged with other data sources. We reserve the right to check this data retrospectively if we become aware of specific indications of unlawful use.


THIRD-PARTY SERVICES
This website may use Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam, and YouTube for embedding videos. These services provided by Google LLC in the USA use, amongst other things, cookies and as a result data is transmitted to Google in the USA. We assume that no personal tracking is carried out in this context solely through the use of our website.

Google is committed to ensuring an adequate level of data protection in accordance with the US-European and US-Swiss Privacy Shields. For more information, please see Google’s privacy policy.


PRIVACY POLICY FOR THE CONTACT FORM
If you send us enquiries via the contact form, your details from the enquiry form, including the contact details you provided there, will be stored for the purpose of processing the enquiry and in the event of follow-up questions. We do not pass on this data without your consent.


PRIVACY POLICY FOR NEWSLETTER DATA
If you would like to receive the newsletter offered on this website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. No further data is collected. We use this data exclusively for sending the requested information and do not pass it on to third parties. You can revoke your consent to the storage of your data and email address as well as their use to send the newsletter at any time, for example via the ‘unsubscribe’ link in the newsletter.


PRIVACY POLICY FOR THE COMMENT FUNCTION ON THIS WEBSITE
WEBSITE
For the comment function on this website, information about the time of creation of the comment, your email address and, if you are not posting anonymously, your chosen username are stored in addition to your comment.

Storage of IP address
Our comments function stores the IP addresses of users who write comments. As we do not review comments on our site before they are published, we need this data in order to be able to take action against the author in the event of legal violations such as insults or propaganda.

Subscribe to comments
As a user of the site, you can subscribe to comments after logging in. You will receive a confirmation e-mail to check whether you are the owner of the e-mail address provided. You can unsubscribe from this feature at any time via a link in the info emails.


PRIVACY POLICY FOR THE RIGHT TO INFORMATION, DELETION,
BLOCKING
You have the right to free information at any time about your stored personal data, its origin and recipient and the purpose of the data processing, as well as the right to have this data corrected, blocked or deleted. You can contact us at any time at the address given in the imprint if you have any further questions about personal data.


PRIVACY POLICY FOR OBJECTION TO ADVERTISING EMAILS
We hereby object to the use of contact details published in the context of the imprint obligation for sending unsolicited advertising and information materials. Di Bennardo AG expressly reserves the right to take legal action in the event of unsolicited sending of advertising information, such as spam e-mails.


FEE-BASED SERVICES
In order to provide fee-based services, we request additional data, such as payment details, in order to be able to execute your order or order. We store this data in our systems until the statutory retention periods have expired.


USE OF GOOGLE MAPS
This website uses Google Maps API to visually display geographical information. When using Google Maps, Google also collects, processes and uses data about the use of the map functions by visitors. You can find more information about data processing by Google in the Google privacy policy. You can also change your personal privacy settings in the Data Protection Center.


GOOGLE ADWORDS
This website uses Google conversion tracking. If you have accessed our website via an ad placed by Google, Google AdWords will place a cookie on your computer. The conversion tracking cookie is set when a user clicks on an ad placed by Google.

These cookies expire after 30 days and are not used for personal identification. If the user visits certain pages of our website and the cookie has not yet expired, we and Google can recognise that the user clicked on the ad and was redirected to this page. Each Google AdWords customer receives a different
cookie. Cookies cannot therefore be tracked via the websites of AdWords customers.

The information collected using the conversion cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking.

Customers can see the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users. If you do not wish to participate in tracking, you can refuse the necessary setting of a cookie – for example, by changing your browser settings to generally deactivate the automatic setting of cookies
or by setting your browser to block cookies from the domain ‘googleleadservices.com’.

Please note that you may not delete the opt-out cookies as long as you do not want measurement data to be recorded. If you have deleted all your cookies in your browser, you must set the respective opt-out cookie again.


USE OF GOOGLE RECAPTCHA
This website uses the reCAPTCHA service provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; ‘Google’). The purpose of the query is to differentiate whether the entry is made by a human or by automated, machine processing. The request includes sending the IP address and any other data required by Google for the reCAPTCHA service to Google. For this purpose, your input will be transmitted to Google and used there. However, Google will truncate your IP address beforehand within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address transmitted by your browser as part of reCaptcha will not be merged with other Google data. Your data may also be transferred to the USA. For data transfers to the USA, there is an adequacy decision of the European Commission, the ‘Privacy Shield’. Google participates in the ‘Privacy Shield’ and has complied with the requirements. By clicking the query, you consent to the processing of your data
. Processing is carried out on the basis of Art. 6 (1) lit. a GDPR with your consent. You may withdraw your consent at any time, without affecting the lawfulness of the processing carried out on the basis of the consent prior to its withdrawal. You can find more information about Google reCAPTCHA and the associated privacy policy at: https://www.google.com/privacy/ads/


PRIVACY POLICY FOR GOOGLE ANALYTICS
This website uses Google Analytics, a web analysis service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. To deactivate Google Analytics, Google provides a browser plug-in at https://tools.google.com/dlpage/gaoptout?hl=de. Alternatively, you can also deactivate Google Analytics here. Google Analytics uses cookies. These are small text files that make it possible to store specific user-related information on the user’s end device. These enable Google to analyse the use of our website. The information collected by the cookie about the use of our website (including your IP address) is usually transmitted to a Google server in the USA and stored there. We would like to point out that the code ‘gat._anonymizeIp();’ has been added to Google Analytics on this website in order to ensure an anonymised collection of IP addresses (so-called IP masking). If anonymisation is active, Google will shorten IP addresses within member states of the European Union or in other contracting states to the Agreement on the European Economic Area, which means that it is not possible to identify you. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. Google observes the data protection provisions of the Privacy Shield agreement and is registered with the Privacy Shield program of the US Department of Commerce and uses the information
collected to evaluate the use of our websites, to compile reports for us in this regard and to provide us with other services in this regard. Find out more at https://support.google.com/analytics/answer/6004245?hl=de.


USING MATOMO
This website uses Matomo (formerly Piwik), an open-source software for the statistical evaluation of visitor access. Matomo uses so-called cookies, i.e. text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of the website is stored on a server in Germany. The IP address is anonymised immediately after processing and before it is stored. You have the option of preventing the installation of cookies by changing the settings of your browser software. We would like to point out that if you change this settings, all functions of this website may no longer be available. You can decide whether a unique web analysis cookie may be stored in your browser in order to enable the website operator to collect and analyse various statistical data.


ANALYSIS BY WIREDMINDS
Our website uses the tracking pixel technology of WiredMinds AG (www.wiredminds.de) to analyse visitor behaviour.Data is collected, processed and stored from which user profiles are created under a pseudonym. Where possible and appropriate, these user profiles are fully anonymised. Cookies may be used for this purpose. Cookies are small text files that are stored in the visitor’s internet browser and are used to recognise the internet browser. The collected data, which may also contain personal data, is transmitted to WiredMinds or collected directly by WiredMinds. WiredMinds may
use information left behind by visits to the websites in order to create anonymised user profiles. The data obtained will not be used to personally identify the visitor to this website without the separate consent of the person concerned and will not be merged with personal data about the bearer of the pseudonym. If IP addresses are recorded, they are immediately anonymised by deleting the last number block. If you have any queries about opting out, please use the contact details at the beginning of this
Privacy Policy.


FACEBOOK PRIVACY POLICY
This website uses features of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. When you access our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. In the process, data is already transmitted to Facebook. If you have a Facebook account, this data can be linked to it. If you do not want this data to be assigned to your Facebook account, please log out of Facebook before visiting our site. Interactions, in particular the use of a comment function or clicking on a ‘Like’ or ‘Share’ button, are also passed on to Facebook. For more information, visit https://de-de.facebook.com/about/privacy.


PRIVACY POLICY FOR INSTAGRAM
Features from the Instagram service are integrated into our pages. These functions are provided by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate your visit to our pages with your user account. Please note that, as the provider of the pages, we have no knowledge of the content of the transmitted data or how it is used by Instagram.

Further information can be found in Instagram’s privacy policy: http://instagram.com/about/legal/privacy/


EXTERNAL PAYMENT SERVICE PROVIDERS
This website uses external payment service providers through whose platforms we and users can carry out payment transactions. For example, via

• Visa (https://www.visa.de/nutzungsbedingungen/visa-privacy-center.html)
• Mastercard (https://www.mastercard.ch/de-ch/datenschutz.html)
• American Express (https://www.americanexpress.com/de/content/privacy-policy-
statement.html)
• Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full)
• Twint (https://wwwtwint.ch)
• Stripe (https://www.stripe.com)

For the performance of contracts, we use payment service providers on the basis of the Swiss Data Protection Regulation and, where necessary, Art. 6(1)(b) EU GDPR. In addition, we use external payment service providers on the basis of our legitimate interests pursuant to the Swiss Data Protection Ordinance and, where necessary, pursuant to Art. 6(1)(f) EU GDPR, in order to offer our users effective and secure payment options. The data processed by the payment service providers includes inventory data such as name and address, bank data such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, amounts and recipient-related
information. The information is required to carry out the transactions. However, the data entered will only be processed and stored by the payment service providers. We as the operator do not receive any information about (bank) account or credit card, but only information about the confirmation (acceptance) or rejection of the payment. Under certain circumstances,
the data may be transmitted by the payment service providers to credit reference agencies. The purpose of this transmission is to verify your identity and creditworthiness. For this, please refer to the terms and conditions and data protection notices of the payment service providers. Payment transactions are subject to the terms and conditions and data protection notices of the respective payment service providers, which can be accessed on the relevant website or
transaction applications. We refer to these also for the purpose of further information and asserting revocation, access and other data subject rights.


NEWSLETTER – MAILCHIMP
The newsletter is sent using the mailing service provider 'MailChimp', a newsletter mailing platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the privacy policy of the shipping service provider here. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield agreement and thus guarantees compliance with the European level of data protection (PrivacyShield). The dispatch service provider is used on the basis of our legitimate interests pursuant to Art. 6(1)(f) GDPR and a data processing contract pursuant to Art. 28(3)(1) GDPR. The dispatch service provider may use the data of the recipients in pseudonymous form, i.e. without assignment to a user, to optimise or improve its own services, e.g. to technically optimise the dispatch and display of newsletters or for statistical purposes. However, the dispatch service does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.


PRIVACY POLICY FOR YOUTUBE
This website uses plugins from YouTube, which is operated by Google. The website is operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. When you visit one of our pages equipped with a YouTube plugin, a connection to the YouTube servers is established. The YouTube server is informed which of our pages you have visited. If you are logged into your YouTube account, you enable YouTube to associate your surfing behaviour directly with your personal profile. You can prevent this by logging out of your YouTube account.
You can find more information about how user data is handled in YouTube’s privacy policy at: https://www.google.de/intl/de/policies/privacy


ORDER PROCESSING IN THE ONLINE SHOP WITH CUSTOMER ACCOUNT
We process our customers’ data in accordance with the data protection provisions of the Swiss Confederation (Data Protection Act, FADP) and the EU GDPR as part of the ordering process in our online shop in order to enable them to select and order the selected products and services, as well as to pay for and deliver or perform them.

To the processed data includes master data (inventory data), communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The data is processed for the purpose of providing contractual services as part of the operation of an online shop, billing,
delivery and customer services. For this purpose, we use session cookies, e.g. for storing the contents of the shopping cart and permanent cookies, e.g. for storing the login status. Processing is carried out on the basis of Art. 6 para. 1 lit. b (execution of order processes) and (archiving required by law) GDPR. The information marked as necessary
is required for the establishment and fulfilment of the Agreement. We only disclose the data to third parties in the context of delivery, payment or in the context of legal permissions and obligations. The data is only processed in third countries if this is necessary for the fulfilment of the contract (e.g. at the customer’s request on delivery or payment). Users can optionally create a user account, in particular by being able to view their orders. As part of the registration, the required mandatory information is communicated to the users. The user accounts are not public and cannot be indexed by search engines, e.g. Google. If users have terminated their user account, their data will be deleted in relation to the user account. Subject to its retention, it is necessary for commercial or
tax law reasons in accordance with Art. 6 (1) (c) GDPR. Information in the customer account is retained until it is deleted and subsequently archived in the event of a legal obligation. Users are responsible for backing up their data in the event of termination before the end of the contract. When registering and logging in again and using our
online services, we store the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the user in protection against misuse and other unauthorised use. As a matter of principle, this data is not disclosed to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so pursuant to Art. 6(1)(c) GDPR.
The deletion takes place after expiry of statutory warranty and comparable obligations, and the necessity of retaining the data is checked at irregular intervals. In the case of statutory archiving obligations, the data is deleted after their expiry.


CONTRACTUAL SERVICES
We process the data of our contractual partners and interested parties as well as other clients, clients, clients or contractual partners (collectively referred to as ‘contractual partners’) in accordance with the data protection provisions of the Swiss Confederation (Data Protection Act, FADP) and the EU GDPR in accordance with Art. 6(1)(b) GDPR in order to provide them with our contractual or pre-contractual services. The data processed here, the nature, scope and purpose and necessity of their processing, are determined by the underlying contractual relationship. The processed data includes the master data of our contractual partners (e.g. names and addresses), contact data (e.g. e-mail addresses and telephone numbers) as well as contract data (e.g. services used, contract contents, contractual communication, names of
contact persons) and payment data (e.g. bank details, payment history).

As a matter of principle, we do not process special categories of personal data unless they are part of commissioned or contractual processing.

We process data that is necessary to establish and fulfil the contractual services and point out the necessity of providing such information, unless this is evident to the contractual partners. Disclosure to external persons or companies is only made if required in the context of a contract. When processing the data provided to us in the context of an order,
we act in accordance with the instructions of the client and the legal requirements. When using our online services, we may store the IP address and the time of the respective user action. Storage is based on our
legitimate interests as well as the interests of users in protection against misuse and other unauthorised use. In principle, this data is not passed on to third parties unless it is necessary to pursue our claims pursuant to point (f) of Article 6(1) GDPR or there is a legal obligation to do so pursuant to point (c) of Article 6(1) GDPR. The data will be erased when the data is no longer required for the fulfilment of contractual or statutory duties of care and for the handling of any warranty and similar obligations, whereby the necessity of retaining the data at irregular intervals is checked. In all other respects, the statutory retention obligations apply.


COPYRIGHTS
Copyrights and all other rights to content, images, photos or other files on the website belong exclusively to the operator of this website or the specifically named rights holders. The written consent of the copyright holder must be obtained in advance for the reproduction of all files. Anyone who commits a copyright infringement without the consent of the respective rights holder may be liable to prosecution and, if necessary, liable for damages.


GENERAL DISCLAIMER
All information on our website has been carefully checked. We strive to ensure that our information is up-to-date, correct and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, accuracy and topicality of information, including journalistic and editorial information. Liability claims for damages of a material or immaterial nature caused by the use of the information offered are excluded, unless there is evidence of wilful intent or gross negligence. Di Bennardo AG may change or delete texts at its own discretion and without prior notice and is under no obligation to update the contents of this website. The use of or access to this website is at the user’s own risk. Di Bennardo AG, its clients or partners are not responsible for damages, such as direct, indirect, accidental, predetermined or consequential damages, allegedly caused by the visit to this website and therefore accept no liability for such damages. Di Bennardo AG also accepts no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of linked sites are solely responsible for their content. The publisher hereby expressly dissociates itself from all third-party content that may be relevant under criminal or liability law or that violates morality.

CHANGES
We may amend this privacy policy at any time without prior notice. The current version published on our website applies. If the Privacy Policy forms part of an agreement with you, we will notify you of any updates by e-mail or in another suitable manner.


QUESTIONS FOR THE DATA PROTECTION OFFICER
If you have any questions about data protection, please send us an e-mail or contact us by phone.

Zurich, 16 April 2019