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Data protection

Last updated August 21, 2023

Introduction

The confidentiality and integrity of your personal data are of central importance to us. With this privacy policy, we would like to inform you in detail about which data is collected in the context of our activities, in particular in relation to our website https://gigisushibar.ch, and how it is processed. We also inform you about your rights in relation to data processing.

It should be noted that additional data protection provisions or other legal documents, such as general terms and conditions (GTC) or terms of use, may apply to certain services.

We comply with the provisions of the Swiss Data Protection Act and, where relevant, with the provisions of European Union data protection law (GDPR). The European Commission recognizes that Swiss data protection law ensures an adequate standard of data protection.

1. contact details of the person responsible

is responsible for the processing of personal data:

Gigi Group GmbH Wiesenstrasse 15 8807 Freienbach

E-mail: info@gigisushibar.ch

There may be different controllers for specific data processing operations. In such cases, we will point this out separately.

2. definitions and legal basis

2.1 Definitions

  • Personal data: Any information relating to an identified or identifiable natural person.
  • Data subject: A person whose personal data is processed by us.
  • Processing: any operation or set of operations which is performed on personal data. This includes the collection, recording, organization, structuring, storage, adaptation, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of data.
  • European Economic Area (EEA): This includes the EU member states as well as Norway, Iceland and Liechtenstein. Within the General Data Protection Regulation (GDPR), the term "processing" is used synonymously with our term "processing".

2.2 Legal basis

We process your personal data in accordance with Swiss data protection law, in particular the Federal Act on Data Protection (FADP ) and the associated Ordinance on Data Protection (DPO).

If the General Data Protection Regulation (GDPR) applies, we base the processing of your personal data on at least one of the following legal bases:

  • Art. 6 para. 1 lit. b GDPR: Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps prior to entering into a contract.
  • Art. 6 para. 1 lit. f GDPR: Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.
  • Art. 6 para. 1 lit. c GDPR: Processing is necessary for compliance with a legal obligation to which the controller is subject.
  • Art. 6 para. 1 lit. e GDPR: Processing is necessary for the performance of a task carried out in the public interest.
  • Art. 6 para. 1 lit. a GDPR: The data subject has given their consent to the processing of their personal data for one or more specific purposes.
  • Art. 6 para. 1 lit. d GDPR: Processing is necessary in order to protect the vital interests of the data subject or of another natural person.

We are committed to protecting the privacy of each individual and process personal data in accordance with the relevant data protection laws.

3. type and scope of data collection

We process personal data that is necessary for the effective, user-friendly, secure and reliable performance of our services. This data may include master data, contact details, browser and device information, content, meta and edge data, usage details, location, sales information and contractual and payment information.

Personal data is processed for as long as it is necessary for the intended purpose or due to legal requirements. Data that is no longer required is either anonymized or deleted.

We may outsource data processing tasks to third parties or process the data jointly with third parties or pass it on to them. These third parties may include, in particular, specialized service providers whose services we use. In such cases, we also ensure that data protection is guaranteed.

Personal data is processed with the consent of the data subject, unless there are other legal grounds for processing. This may be the case if the data processing is necessary for the performance of a contract, is necessary to safeguard our legitimate interests, arises from the given circumstances or we have been informed in advance.

In this context, we process information that people voluntarily provide to us when contacting us, for example by letter, email, instant message, contact form, via social media or telephone. We may store such data in a contact directory, a CRM system or similar tools, for example. If information is forwarded to us via third parties, the transmitters are responsible for safeguarding the data protection rights of these third parties and ensuring the accuracy of the data.

In addition, we process personal data that we receive from third parties, obtain from public directories or collect as part of our services, provided that this is legally permissible.

4. processing of personal data abroad

We generally process personal data in Switzerland and the European Economic Area (EEA). However, we may also transfer data to other countries or process it or have it processed there.

We ensure that personal data is only transferred to countries that have an adequate level of data protection according to a decision of the Swiss Federal Council or - if the General Data Protection Regulation (GDPR) applies - according to a decision of the European Commission.

If a country to which we transfer personal data does not have a level of data protection recognized as adequate by the Swiss Federal Council or the European Commission, we use other mechanisms or regulations to ensure the protection of your data. This can be done, for example, through the use of EU standard contractual clauses or other suitable guarantees.

In exceptional cases, we may transfer data to countries without a level of data protection recognized as adequate if specific data protection requirements are met, such as your express consent or if the transfer is essential for the performance of a contract.

Data subjects have the right to ask us about the specific mechanisms for transferring their data to third countries or to request a copy of the protective measures taken.

5. rights of the data subjects

5.1 Claims under data protection law

Within the framework of the applicable data protection law, we guarantee data subjects all the rights to which they are entitled. In particular, data subjects have the following rights:

Right to information: Data subjects have the right to find out from us whether we process their personal data. If so, they have the right to information about this data and to further information required to exercise their rights under data protection law and to ensure transparency. This includes not only the processed data itself, but also information about the purpose of the processing, the retention period, any data transfers abroad and the origin of the data.

Right to rectification and restriction: Data subjects have the right to have incorrect data corrected and incomplete data completed. They can also request that the processing of their data be restricted.

Right to erasure and objection: Data subjects can request the erasure of their data ("right to be forgotten") and object to the processing of their data for the future.

Right to data portability: Data subjects have the right to receive their data in a structured, commonly used and machine-readable format or to request the transmission of this data to another controller.

We may be able to delay, restrict or refuse the exercise of the rights of data subjects for legal reasons. We may inform data subjects of any necessary requirements for the assertion of their rights. For example, we may refuse a request for information with reference to trade secrets or the protection of other persons or refuse to delete data with reference to statutory retention obligations.

In exceptional cases, we may charge costs for exercising these rights. We will inform data subjects of such costs in advance.

We are obliged to appropriately identify persons who request information or assert other rights. Data subjects are obliged to cooperate in the identification process.

5.2 Right of appeal

Data subjects have the option of asserting their data protection concerns in court or lodging a complaint with the competent data protection supervisory authority.

In Switzerland, the Federal Data Protection and Information Commissioner (FDPIC ) acts as the supervisory authority for private actors and federal bodies.

If the General Data Protection Regulation (GDPR) is applicable, data subjects also have the right to contact the relevant European data protection supervisory authority.

6. data security

We are aware of the importance of the security of personal data and therefore implement appropriate technical and organizational security measures to protect the data from unwanted access, loss or misuse. These measures are regularly reviewed and adapted to technological progress. Despite our efforts, however, we cannot guarantee absolute security.

When using our website, we rely on transport encryption (SSL/TLS, in particular via the Hypertext Transfer Protocol Secure, HTTPS for short). Most web browsers signal such encryption by means of a lock symbol in the address bar, which indicates the protected transmission path.

It is important to emphasize that digital communication is generally exposed to certain risks. In particular, it may be subject to mass surveillance without specific cause or suspicion and other surveillance activities by security authorities in various countries, including Switzerland, European countries and the USA. Unfortunately, we have no direct influence on the processing of data by secret services, police authorities and other security agencies. Users should be aware of this fact and exercise caution when transmitting sensitive information.

7. use of the website

7.1 Cookies

We use cookies for an optimized web experience. These are small data packets that are stored in your web browser. These can be our own cookies (first-party cookies) as well as cookies from third-party providers (third-party cookies) whose services we use. The data stored by cookies is not limited to text information.

There are temporary "session cookies", which are automatically deleted as soon as the web browser is closed, and there are "permanent cookies", which are stored in the browser for a set period of time. With the help of cookies, we can, for example, recognize returning users of our website and thus analyze the use of our website. Permanent cookies can also be used for advertising purposes.

If you do not wish cookies to be used, you can deactivate or delete them at any time in your browser settings. Please note that our website may not function to its full extent without the use of cookies. If necessary, we ask for your express consent to the use of cookies.

Some cookies that are used for analysis or advertising purposes can be deactivated via platforms such as AdChoices, NAI, YourAdChoices or Your Online Choices.

7.2 Server log files

Each time you access our website, we collect certain information that is either transmitted by your browser or recorded by our server. This information includes the date and time, IP address, HTTP status code, operating system, browser data and the sub-page of our website visited. This data may also be personal and is stored in server log files.

Collecting this data enables us to continuously improve our website, make it user-friendly and ensure a reliable web experience. It also contributes to data security and helps us to ensure the protection of personal data. This can also be done in cooperation with third parties or with their help.

7.3 Tracking pixels

We use tracking pixels, often referred to as web beacons, for detailed analyses and to optimize our website. A web beacon is a small, usually invisible image that is loaded when a website is accessed. By using tracking pixels, including those from third-party providers whose services we use, we can collect information that is similar to the data in the server log files.

Tracking pixels allow us to track and analyze specific user activities, e.g. how often a certain page was visited or how users interact with an email campaign. This helps us to better understand the effectiveness of our content and campaigns and to make targeted adjustments. It should be noted that tracking pixels, like cookies, are usually not directly visible to the user, but they can still provide important information about the usage patterns and preferences of users.

8. notifications and messages

In order to make our communication effective and targeted, we use various technologies and channels to keep you informed and up to date.

8.1 Measuring success and reach

We use technologies such as web links and tracking pixels to optimize our notifications. These allow us to recognize if and when a message has been read and which links it contains have been opened. By analyzing this data, we can ensure that our communications are relevant and useful to you. The main purpose of this data collection is to continuously improve the quality of our notifications and to ensure the efficiency of our communication strategy.

8.2 Consent and objection

In order to inform you about our offers and news, we require your express consent. We use the so-called "double opt-in" procedure. This means that after your registration, an e-mail will be sent to you asking you to confirm your consent by clicking on a link. This ensures that only you have control over your data and the receipt of messages.

If you do not wish to receive any further messages from us, you can unsubscribe at any time. By unsubscribing, you also object to the statistical recording of your use, which is relevant for our reach measurement. Of course, we will continue to inform you about significant changes or information concerning your use of our services.

We attach great importance to the protection of your privacy and take your rights and wishes with regard to your data very seriously.

9. social media

9.1 General information

Our presence on social media and other online platforms serves to get in touch with you, promote interactions and inform you about our offers and activities. Please note that when you visit and interact with our social media profiles, your data may also be processed outside Switzerland and the EEA.

9.2 Data protection provisions of third parties

The use of such platforms is subject to the business and data protection conditions of the respective operators. These documents contain important information about the way in which your data is processed and what rights you have in relation to it. We strongly recommend that you read these provisions carefully.

9.3 Our collaboration with Facebook

Of particular note is our presence on Facebook. Where the GDPR applies, we are jointly responsible for our activities on this platform, including the use of Page Insights, with Meta Platforms Ireland Limited. The latter is one of the Meta companies based in the USA, among other places.

Page Insights provide us with valuable information about how you and other users interact with our Facebook page. This data helps us to better tailor our content to the needs of our community.

9.4 Additional information

Facebook's privacy policy contains detailed information about the company's data processing practices. In addition, we have agreed a "Controller Addendum" with Facebook, which states that Facebook is primarily responsible for ensuring the privacy rights of users. Detailed information on Page Insights, including the processing of Page Insights data, can be found on the relevant Facebook information pages.

We encourage you to regularly check for changes and updates to the privacy policies of the platforms on which we have a presence. Our top priority is to be transparent and ensure the protection of your data while providing valuable content and interactions on social media.

10. services of third parties

In order to provide our activities and offers in a continuous, user-friendly, secure and reliable manner, we rely on the services of specialized third-party providers. Here we give you an overview of the main categories of these services and the specific providers we use:

10.1 Digital infrastructure: Digital infrastructure includes solutions for hosting, storage and web design. Here are the main providers we use:

  • Head of delivery: Website, e-commerce & hosting services. Privacy Policy.

10.2 Social media features and content: Third-party services that help us incorporate social media features and content:

10.3 Map material: For integrating map material into our website:

10.4 Digital audio and video content: For the integration and playback of media content:

10.5 Fonts: For the integration of specific fonts, symbols and icons:

10.6 Payments: To ensure secure and efficient payment processing, we work together with the Swiss payment provider Paychef , which integrates the following providers, among others:

Please note that when you visit our website and use these services, your data may be collected and processed by these third-party providers. We recommend that you read the privacy policies of the respective providers to find out about their practices.

11. success and reach measurement

In order to continuously improve our online services and to gain an overview of the effectiveness of our activities and content, we use measures to measure success and reach. The aim is to find out which elements of our website are particularly popular, which are less used and where there may be sources of error.

In this context, we collect data on how users reach our website, which pages are visited particularly often and which links are successful, among other things. Among other things, we use the "A/B test" method to compare different versions of our website and test which one is better received.

In this context, IP addresses are only stored in abbreviated form (IP masking) in order to protect the privacy of users and to comply with the principle of data minimization.

Cookies may be used to collect this data. Pseudonymized user profiles may be created in the process. These profiles are used for analysis purposes and are not used to personally identify individual users. If users are registered with a third-party service and use its plug-ins or tools on our website, the use of our online offering may be assigned to this account.

Services used:

- Google AnalyticsA tool from Google to collect data about the use of our website. It provides an analysis of user behavior and can also measure across different browsers and devices. For more information, see Google's privacy policy and the specific add-on to disable Google Analytics.

- HotjarThis service records the behavior of users on our website, for example mouse clicks or mouse movements. No reference is made to individual users. For more information on how Hotjar collects and processes data, please refer to Hotjar's privacy policy and cookie policy. "Your Privacy and Hotjar" ("Your Privacy & Hotjar"). Objection to collection by Hotjar ("Do Not Track: Do you want to tell Hotjar not to collect your data?").

It is important to us that your data is treated securely and in accordance with the applicable data protection regulations. If you have any questions about success and reach measurement or the use of your data, you can contact us at any time.

12. concluding remarks

We reserve the right to amend or expand our privacy policy as necessary. Should this be the case, we will notify you in an appropriate manner, in particular by uploading the updated privacy policy to our website.

Please note that the latest version of the privacy policy is authoritative and binding.

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