Privacy statement

​The responsible body within the meaning of the data protection legislation, particularly the EU General Data Protection Regulation (GDPR), is:

KM Emporium GmbH
P.O. Box 530
4500 Solothurn
Switzerland

E-mail: info@km-emporium.com
Website: www.km-emporium.ch

 

General note

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Swiss Confederation (Data Protection Act, DSG), every person is entitled to the protection of his or her privacy and protection against misuse of his or her personal data. The operators of this website take 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 statement.

In cooperation with our hosting providers, we make every effort to protect the databases as well as possible against unauthorised access, loss, misuse or falsification.

We would like to point out that data transfer in the Internet (e.g. during communication by e-mail) can reveal security gaps. It is not possible to completely protect data from access by third parties.

By using this website, you agree to the collection, processing and use of data in accordance with the following description. This website can essentially be visited without registration. Data such as pages called up or the name of the file called up, the date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, particularly your name, address or e-mail address is collected as far as possible on a voluntary basis. Your data will not be passed on to third parties without your consent.

 

Processing of personal data

Personal data is all information that relates to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data irrespective of the means and procedures applied, particularly the storage, disclosure, acquisition, deletion, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. Insofar as and to the extent that the EU GDPR is applicable, we additionally process personal data in accordance with the following legal principles in connection with Art. 6(1) GDPR:

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

  • Lit. b) Processing of personal data for the purpose of fulfilling a contract with the data subject and for carrying out corresponding pre-contractual measures.

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

  • Lit. d) Processing of personal data to protect vital interests of the data subject or of another natural person.

  • Lit. f) Processing of personal data to protect our legitimate interests or those of third parties, except where such interests are overridden by the fundamental freedoms, fundamental rights and interests of the data subject. Legitimate interests particularly include our commercial interest in being able to provide our website, information security, the assertion of our own legal rights and compliance with Swiss law.

 

We process personal data for as long as is necessary for the respective purpose or purposes. In the case of longer-term storage obligations due to legal and other obligations to which we are subject, we limit processing accordingly.

 

Privacy statement for cookies

This website uses cookies. These are small text files that make it possible to store specific information relating to the user on the user's end device while he or she is 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 the behaviour of page use, but also to make our offer more customer-friendly. Cookies remain stored at the end of a browser session and can be retrieved when the user revisits the site. If you do not wish this to happen, you should set your Internet browser so that it refuses to accept cookies.

A general objection to the use of cookies used for online marketing purposes can be declared for many of the services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that it may then not be possible to use all of the functions of this website.

 

Privacy policy for SSL/TLS encryption

This website uses SSL/TLS encryption for reasons of security and to protect the transmission of confidential content such as the requests you send to us as the site operator. You can recognise an encrypted connection by the fact that the address line of your browser changes from 'http://' to 'https://' and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data that you transfer to us cannot be read by third parties.

 

Data transfer security (without SSL)

Please note that data transferred via an open network such as the Internet or an e-mail service without SSL encryption can be viewed by anyone. You can recognise an unencrypted connection by the fact that the address line of the browser displays 'http://' and no lock symbol is shown in your browser line. Information that is transferred via the Internet and content received online may, under certain circumstances, be transferred via third-party networks. We cannot guarantee the confidentiality of messages or documents transferred via such open networks or third-party networks.

 

If you disclose personal information via an open network or third-party networks, you should be aware that your data can be lost or that third parties may potentially access this information and therefore collect and use the data without your consent. While the individual data packets are transferred in encrypted form in many cases, the names of the sender and recipient are not. Even if the sender and the recipient live in the same country, data transfer via such networks is also often carried out without controls via third countries, i.e. also via countries that do not offer the same level of data protection as your country of residence. We accept no responsibility for the security of your data during transfer via the Internet and reject any liability for direct or indirect losses. We ask you to use other means of communication if you consider this necessary or reasonable due to security reasons.

Despite extensive technical and organisational security measures, data may possibly be lost or intercepted and/or manipulated by unauthorised persons. We implement appropriate technical and organisational security measures as far as possible to prevent this within our system. However, your computer is located outside of the security area under our control. It is your responsibility as a user to inform yourself about the necessary security precautions and to implement appropriate measures in this respect. As the website operator, we are in no way liable for any damage that you may incur as a result of data loss or manipulation.

Data which you enter in online forms may be passed on to authorised third parties for the purpose of order processing and may be viewed and, if necessary, processed by them.

 

Privacy statement for server log files

The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transfers to us. This information includes:

  • 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 subsequently if we become aware of concrete indications of illegal 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.

Amongst others, these services provided by America's Google LLC use cookies. Data is consequently transferred to Google in the USA. In this context, we assume that no personal tracking takes place solely through the use of our website.

Google is committed to ensuring an appropriate level of data protection in accordance with the American-European and the American-Swiss Privacy Shield.

Further information can be found in Google's privacy statement.

 

Privacy statement for contact form

If you send us enquiries via the contact form, your details from the enquiry form, including the contact data you provide there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We will not pass on this data without your consent.

 

Privacy statement for newsletter data

If you would like to receive the newsletter offered on this website, we need 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 the data, the e-mail address and its use for sending the newsletter at any time by clicking on the 'unsubscribe link' in the newsletter, for example.

 

Rights of data subjects

 

Right to obtain confirmation

Every data subject has the right to obtain confirmation from the website operator as to whether personal data relating to him or her are processed. If you wish to exercise this right to obtain confirmation, you can contact the data protection officer at any time.

 

Right to information

Every person affected by the processing of personal data has the right to receive free information from the operator of this website at any time concerning the personal data stored about him or her and a copy of this information. In addition, the following information about the data may also be provided where appropriate:

  • The purposes of processing

  • The categories of personal data that are processed

  • The recipients to whom the personal data have been or will be disclosed

  • If possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration

  • The existence of a right to the rectification or erasure of personal data relating to them or to the limitation of processing by the controller or of a right of objection to this processing

  • The existence of a right of appeal to a supervisory authority

  • If the personal data is not collected from the data subject: all available information on the origin of the data

 

The data subject also has the right to information regarding whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information regarding the appropriate guarantees relating to the transfer.

If you wish to exercise this right of access, you can contact our data protection officer at any time.

 

Right to rectification

Every person affected by the processing of personal data has the right to demand the rectification of inaccurate personal data concerning him or her without delay. The data subject also has the right to demand the completion of incomplete personal data, including by means of a supplementary declaration, under consideration of the purposes of processing.

If you wish to exercise this right to rectification, you can contact our data protection officer at any time.

 

Right to erasure (right to be forgotten)

Every person affected by the processing of personal data has the right to demand the immediate erasure of personal data relating to him or her from the controller of this website insofar as one of the following reasons applies and insofar as processing is not necessary:

  • The personal data was collected or otherwise processed for purposes for which it is no longer necessary

  • The data subject revoked the consent on which processing was based and there is no other legal basis for processing

  • The data subject objects to processing for reasons arising from his or her particular situation and there are no legitimate overriding reasons for processing or the data subject objects to processing in the case of direct marketing and related profiling

  • The personal data have been processed unlawfully

  • The deletion of personal data is necessary to comply with a legal obligation under Union law or the law of the member states to which the controller is subject

  • The personal data was collected in relation to information society services provided directly to a child
     

If one of the above reasons applies and you wish to have personal data stored by the operator of this website erased, you can contact our data protection officer at any time. The data protection officer of this website will ensure that the demand for erasure is complied with immediately. 

 

Right to restriction of processing

Every person affected by the processing of personal data has the right to demand that the controller of this website limit processing if one of the following conditions is met:

 

  • The accuracy of the personal data is contested by the data subject for a period of time sufficient to enable the controller to verify the accuracy of the personal data

  • The processing is unlawful, the data subject refuses to have the personal data deleted and instead demands that the use of the personal data be restricted

  • The controller no longer needs the personal data for the purposes of processing, but the data subject needs it in order to exercise or defend his or her legal rights

  • The data subject has lodged an objection to processing for reasons arising from his or her particular situation and it is not yet clear whether the controller's legitimate reasons outweigh those of the data subject

 

If one of the above-mentioned prerequisites is given and you would like to demand the restriction of personal data stored by the operator of this website, you may contact our data protection officer at any time. The data protection officer of this website will arrange for the restriction of processing.

 

Right to data portability

Every person affected by the processing of personal data has the right to obtain the personal data concerning him or her in a structured, standard and machine-readable format. He or she also has the right to have this data transferred to another controller if the legal requirements are met.

The data subject also has the right to obtain that personal data be transferred directly from one controller to another controller insofar as this is technically feasible and provided that it does not adversely affect the rights and freedoms of other persons.

To assert the right to data portability, you can contact the data protection officer appointed by the operator of this website at any time.

 

 

Right to object

Every person affected by the processing of personal data has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her.

In the event of such an objection, the operator of this website will no longer process the personal data unless we can demonstrate compelling, legitimate reasons for processing which outweigh the interests, rights and freedoms of the data subject or if the processing serves to assert, exercise or defend legal rights.

To exercise your right to object, you can contact the data protection officer of this website directly.

 

Right to withdraw consent under data protection law

Every person affected by the processing of personal data has the right to withdraw his or her consent to the processing of personal data at any time.

If you wish to exercise your right to withdraw your consent, you can contact our data protection officer at any time. 

 

Privacy statement for objection to advertising mails

We hereby object to the use of contact data published in the context of the imprint obligation to send advertising and information material not expressly requested. The operators of the website expressly reserve the right to take legal action in the event that advertising information is sent without solicitation, e.g. via spam e-mails.

 Chargeable services

In order to provide chargeable services, we ask for additional data such as e.g. payment details to be able to execute your order. We store this data in our systems until the statutory retention periods have expired.

 

Use of Google Maps

This website uses Google Maps. This allows us to display interactive maps directly on the website and enables you to use the map function conveniently. By visiting the website, Google receives the information that you have called up the corresponding subpage of our website. This is carried out irrespective of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in at Google, your data will be assigned directly to your account. If you do not wish to be assigned to your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses it for the purposes of advertising, market research and/or the needs-based design of its website. Such an evaluation is particularly carried out (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have a right to object to the creation of these user profiles, whereby you must contact Google to exercise this right. Further information on the purpose and scope of data collection and its processing by Google, along with further information on your rights in this regard and setting options to protect your privacy, can be found at:

www.google.de/intl/de/policies/privacy.

 

Privacy statement for Google Analytics

This website uses Google Analytics, a web analysis service provided by Google LL.C., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ('Google'). We can use the statistics obtained to improve our offer and make it more interesting for you as a user. This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. If you have a Google user account, you can deactivate the cross-device analysis of your usage in the settings there under 'My data', 'Personal data'.

The legal basis for the use of Google Analytics is Art. 6(1)(1)(f) GDPR. The IP address transferred by your browser within the framework of Google Analytics is not merged with other data from Google. We would like to point out that Google Analytics has been extended by the code '_anonymizeIp();' on this website to ensure the anonymous recording of IP addresses. As a result, IP addresses are processed in shortened form with the result that any personal reference can be ruled out. If the data collected about you contains a personal reference, it is therefore immediately excluded and the personal data is thus deleted immediately.

Only in exceptional cases is the full IP address transferred 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 the website, to compile reports on website activities and to provide further services relating to website and Internet usage to the website operator. For the exceptional cases in which personal data is transferred to the USA, Google has subjected itself to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. 

Google Analytics uses cookies. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. You can prevent the storage of cookies by setting your browser software accordingly; however, please note that if you do this, you may not be able to use all of the functions of this website in full. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link: deactivate Google Analytics.

You can also prevent the use of Google Analytics by clicking on this link: deactivate Google Analytics. This will cause a so-called opt-out cookie to be stored on your data medium, which prevents the processing of personal data by Google Analytics. Please note that if you delete all cookies on your end device, these opt-out cookies will also be deleted, i.e. you will have to set the opt-out cookies again if you wish to continue to prevent this form of data collection. The opt-out cookies are set per browser and computer/end device and must therefore be activated separately for each browser, computer or other end device.

 

Privacy statement for the use of Google Web Fonts

This website uses so-called web fonts, which are provided by Google, for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into its browser cache in order to display texts and fonts correctly. If your browser does not support web fonts, a standard font from your computer will be used.

Further information about Google Web Fonts is available at https://developers.google.com/fonts/faq and in Google's privacy statement:

https://www.google.com/policies/privacy/

 

 

Google Tag Manager

Google Tag Manager is a solution with which we can manage so-called website tags via an interface and thus integrate e.g. Google Analytics and other Google marketing services into our website. The Tag Manager itself, which implements the tags, does not process any personal data of the users. With regard to the processing of users' personal data, we refer to the following information on Google services. Guidelines for use: https://www.google.com/intl/de/tagmanager/use-policy.html.

 

Privacy statement for Facebook

This website uses functions of Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA . When calling up our pages with Facebook plug-ins, a connection between your browser and the Facebook servers is established. Data is already transferred to Facebook in this process. If you have a Facebook account, this data can be linked to it. If you do not want this data to be linked to your Facebook account, please log out of Facebook before visiting our site. Interactions, particularly the use of a comment function or clicking on a 'Like' or 'Share' button are also passed on to Facebook. You can find out more at https://de-de.facebook.com/about/privacy. 

 

Newsletters

Newsletters are sent via the mailing service provider Ascend by Wix Online Platforms Limited, 1 Grant's Row, Dublin 2 D02HX96, Ireland. The mailing service provider is used on the basis of our legitimate interests in accordance with Art. 6(1)(f) GDPR and an order processing contract in accordance with Art. 28(3)(1) GDPR.

The mailing service provider may use the recipients' data in pseudonymous form, i.e. without assigning it to a user, to optimise or improve its own services, e.g. for the technical optimisation of dispatch and the presentation of newsletters or for statistical purposes. However, the mailing service provider does not use the data of our newsletter recipients to contact them itself or to pass the data on to third parties.

 

Privacy statement for YouTube

This website uses plug-ins from YouTube, a site operated by Google. The website is operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. When you visit one of our sites equipped with a YouTube plug-in, a connection is established to the YouTube servers. This tells the YouTube server which of our sites you have visited.

If you are logged in to your YouTube account, you enable YouTube to assign your surfing behaviour directly to your personal profile. You can prevent this by logging out of your YouTube account.

Further information on the handling of user data can be found in the YouTube privacy statement at: https://www.google.de/intl/de/policies/privacy

 

Note on data transfers to the USA (United States of America)

For the sake of completeness, we would like to point out that users based in Switzerland are subject to surveillance measures by US authorities which generally allow the storage of all personal data from Switzerland that has been transferred to the USA.

This is done without differentiation, restriction or exception based on the objectives pursued and without any objective criterion that enables the limitation of the access to and subsequent use of the data by the US authorities to very specific, strictly limited purposes that may justify both access to and interference with the use of the data. Furthermore, we would like to point out that there are no legal remedies available in the USA for Swiss data subjects that would enable them to access data relating to them or to have it corrected or erased, or that there is no effective judicial protection against general access rights of the US authorities. We explicitly draw the attention of the data subject to this legal and factual situation to enable him or her to make an appropriately informed decision as regards consenting to the use of his or her data.

Users residing in a member state of the EU are advised that the USA does not have an adequate level of data protection from the perspective of the European Union.

 

 

Copyright

The copyright 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. For the reproduction of all files, the written consent of the copyright holder must be obtained in advance.

Whoever commits a copyright infringement without the consent of the respective copyright holder may be liable to prosecution and possibly to damages. 

 

General exclusion of liability

All information on our website has been carefully checked. We make every effort to ensure that the information we offer 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, correctness or up-to-dateness of information, including journalistic and editorial information. Liability claims arising from material or non-material damage caused by using the information provided are excluded unless there is evidence of wilful intent or gross negligence.

The publisher may change or delete texts at its own discretion and without prior notice and is not obliged to update the contents of this website. The use of or access to this website is at the visitor's own risk. The publisher, its clients or partners are not responsible for damage, such as direct, indirect, accidental, pre-determined concrete or consequential damage, which has allegedly been caused by visiting this website and therefore accept no liability for it.

The publisher 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 content of linked sites is exclusively the responsibility of their operators. The publisher thus expressly distances itself from all third-party content that may be relevant under criminal or liability law or that is contrary to public decency.

 

Changes

We may change this privacy statement at any time without notice. The current version published on our website applies. If the privacy statement is part of an agreement with you, we will inform you of a change by e-mail or other suitable means in the event of an update.

 

Questions to the data protection officer

If you have any questions regarding data protection, please send us an e-mail or contact the body responsible for data protection in our organisation as listed at the beginning of this privacy statement.

 

KM Emporium GmbH, July 2020