Data protection

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

Markis Juwelier GmbH
Albert Kuzhnini
Toggenburgerstrasse 47
9500 Wil

Telephone: +41 71 999 00 78
Email: shop@markis-juwelier.ch Website
: https://www.markis-juwelier.ch/

General information
Based on Article 13 of the Swiss Federal Constitution and the data protection regulations of the federal government (Data Protection Act, DSG), every person has the right to protection of their privacy and protection against misuse of their personal data. The operators of these pages 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 data protection declaration.

In cooperation with our hosting providers, we strive to protect the databases as well as possible against unauthorized access, loss, misuse or falsification.

We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the 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 the 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, in particular name, address or e-mail address, are collected on a voluntary basis as far as possible. The data will not be passed on to third parties without your consent.

Processing of personal
data Personal data is all information that relates to a specific or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, deletion, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. In addition, we process personal data in accordance with the following legal bases in connection with Art. 6 Para. 1 GDPR – insofar as and insofar as the EU GDPR is applicable:

lit. a) Processing of personal data with the consent of the person concerned.
lit. b) Processing of personal data to fulfill a contract with the data subject and to carry out appropriate pre-contractual measures.
lit. c) Processing of personal data to fulfill a legal obligation to which we are subject under any applicable EU law or under any applicable law of a country in which the GDPR is fully or partially applicable.
lit. d) Processing of personal data in order to protect the vital interests of the data subject or another natural person.
lit. f) Processing of personal data in order to safeguard our legitimate interests or those of third parties, provided that the fundamental freedoms and fundamental rights and interests of the data subject do not prevail. Legitimate interests are 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 duration necessary for the respective purpose or purposes. In the case of longer-lasting storage obligations due to legal and other obligations to which we are subject, we restrict 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 device while he 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 analyze behavior of the page use, but also to make our offer more customer-friendly. Cookies remain stored at the end of a browser session and can be called up again when you visit the site again. If you do not want this, you should set your Internet browser so that it refuses to accept cookies.

A general objection to the use of cookies for online marketing purposes can be raised for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that in this case not all functions of this online offer can be used.

Data protection declaration 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 are the owner of the newsletter agree. Further data is not 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 their use for sending the newsletter at any time, for example via the “unsubscribe link” in the newsletter.

Data protection declaration for objection to advertising e-mails
We hereby object to the use of contact data published as part of the imprint obligation for sending unsolicited advertising and information material. The site operators expressly reserve the right to take legal action in the event of unsolicited advertising being sent, such as spam e-mails.

External payment service providers
This website uses external payment service providers, via whose platforms the users and we can carry out payment transactions. For example about

PostFinance (https://www.postfinance.ch/de/detail/srechtes-barrierefreiheit.html)
Visa (https://www.visa.de/bedingungen/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)
Bexio AG (https://www.bexio.com/de-CH/datenschutz)
Payrexx AG (https://www.payrexx.ch/site/assets/files /2592/datenschutzerklaerung.pdf)
Apple Pay (https://support.apple.com/de-ch/ht203027)
Stripe (https://stripe.com/ch/privacy)
Klarna (https://www.klarna. com/de/datenschutz/)
Skrill (https://www.skrill.com/de/fusszeile/datenschutzanleitung/)
Giropay (https://www.giropay.de/rechts/datenschutz-agb/) etc.
As part of the fulfillment of contracts, we use the payment service providers on the basis of the Swiss Data Protection Ordinance and, if necessary, Art. 6 Para. 1 lit. b. EU GDPR. In addition, we use external payment service providers on the basis of our legitimate interests in accordance with the Swiss Data Protection Ordinance and, if necessary, in accordance with Article 6 (1) (f) of the EU GDPR in order to offer our users effective and secure payment options.

The data processed by the payment service provider includes inventory data such as name and address, bank details such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, total 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 the (bank) account or credit card, only information to confirm (accept) or reject the payment. Under certain circumstances, the payment service provider may transmit the data to credit agencies. The purpose of this transmission is to check identity and creditworthiness.

The terms and conditions and data protection notices of the respective payment service provider, which can be accessed within the respective website or transaction applications, apply to the payment transactions. We also refer to this for the purpose of further information and the assertion of revocation, information and other data subject rights.

Newsletter – Mailchimp
The newsletter is sent using the mail 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 data protection regulations of the shipping service provider here. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection standards (PrivacyShield). The shipping service provider is used on the basis of our legitimate interests in accordance with Article 6 Paragraph 1 Letter f GDPR and an order processing contract in accordance with Article 28 Paragraph 3 Clause 1 GDPR.

The shipping service provider can use the data of the recipients in pseudonymous form, ie without assignment to a user, to optimize or improve their own services, e.g. for technical optimization of the dispatch and the presentation of the newsletter or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to write to them themselves or to pass the data on to third parties.

Newsletter via WhatsApp
You can also receive our free newsletter via the WhatsApp instant messaging service. WhatsApp is a service of WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, a subsidiary of WhatsApp Inc., 1601 Willow Road, Menlo Park, California 94025, USA, both hereinafter referred to as “WhatsApp”. Some of the user data is processed on WhatsApp servers in the USA.

However, through certification according to the EU-US data protection shield “EU-US Privacy Shield”, WhatsApp guarantees that the data protection regulations of the EU are also observed when processing data in the USA. WhatsApp also offers additional data protection information.

In order to receive our newsletter via WhatsApp, you need a WhatsApp user account. Details about what data WhatsApp collects during registration can be found in the aforementioned data protection information from WhatsApp.

If you then register for our newsletter dispatch via WhatsApp, the cell phone number you entered during the registration process will be processed by WhatsApp. In addition, your IP address and the date of your registration together with the time will be saved. As part of the further registration process, your consent to the sending of the newsletter will be obtained, the content will be specifically described and reference will be made to this data protection declaration.

The legal basis for sending the newsletter and for the analysis is Art. 6 (1) (a) GDPR.

You can revoke your consent to the newsletter dispatch at any time with immediate effect in accordance with Art. 7 Para. 3 GDPR. All you have to do is inform us of your revocation. You can also block the receipt of the newsletter by making a setting in the WhatsApp software on your device.

Active Campaign
This website uses the services of Active Campaign to send newsletters. The provider is the US provider ActiveCampaign, LLC, 150 N. Michigan Ave Suite 1230, Chicago, IL, US, USA.

Active Campaign is a service that can be used, among other things, to organize and analyze the sending of newsletters. If you enter data for the purpose of subscribing to the newsletter (e.g. your e-mail address), this will be stored on the Active Campaign servers in the USA.

Active Campaign is certified under the “EU-US Privacy Shield”. The “Privacy Shield” is an agreement between the European Union (EU) and the USA, which is intended to ensure compliance with European data protection standards in the USA.

With the help of Active Campaign we can analyze our newsletter campaigns. When you open an e-mail sent with Active Campaign, a file contained in the e-mail (so-called web beacon) connects to the Active Campaign servers in the USA. In this way it can be determined whether a newsletter message has been opened and which links have been clicked on. Technical information is also recorded (e.g. time of retrieval, IP address, browser type and operating system). This information cannot be assigned to the respective newsletter recipient. They are used exclusively for the statistical analysis of newsletter campaigns. The results of these analyzes can be used to better adapt future newsletters to the interests of the recipients.

If you do not want an analysis by Active Campaign, you must unsubscribe from the newsletter. For this purpose, we provide a corresponding link in every newsletter message. You can also unsubscribe from the newsletter directly on our website.

The data processing takes place on the basis of your consent (Art. 6 Para. 1 lit. a DSGVO). You can revoke this consent at any time by unsubscribing from the newsletter. The legality of the data processing operations that have already taken place remains unaffected by the revocation.

The data you have stored with us for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter and will be deleted both from our servers and from the servers of Active Campaign after you have canceled the newsletter. Data stored by us for other purposes (e.g. e-mail addresses for the members’ area) remain unaffected.

For more information, see Active Campaign’s privacy policy at: https://www.activecampaign.com/privacy-policy/.

Link to Privacy Shield certification: https://www.privacyshield.gov.

Conclusion of a data processing agreement
We have concluded a so-called “data processing agreement” with Active Campaign, in which we oblige Active Campaign to protect our customers’ data and not to pass it on to third parties.

Use of Adobe Fonts
We use Adobe Fonts for the visual design of our website. Adobe Fonts is a service provided by Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA (Adobe) that gives us access to a font library. To integrate the fonts we use, your browser must establish a connection to an Adobe server in the USA and download the font required for our website. This gives Adobe the information that our website was accessed from your IP address. For more information about Adobe Fonts, see Adobe’s privacy policy, which you can access here: Adobe Fonts

Use of Fonts.com
This website uses Fonts.com, a typeface visualization service provided by Monotype Imaging Holdings Inc. that allows this Website to incorporate content of this kind on its pages. Personal Data collected: Usage Data and various types of Data as described in the privacy policy of the service. Place of processing: United States of America (USA); Data protection

Order processing in the online shop with a customer account
We process the data of our customers in accordance with the data protection regulations of the federal government (Data Protection Act, DSG) and the EU-DSGVO, as part of the ordering process in our online shop, to enable them to select and order the selected products and To enable services, as well as their payment and delivery, or execution.

The processed data includes master data (inventory data), communication data, contract data, payment data and the persons affected by the processing include our customers, prospects and other business partners. The processing takes place for the purpose of providing contractual services in the context of operating an online shop, billing, delivery and customer services. We use session cookies, e.g. to save the contents of the shopping cart, and permanent cookies, e.g. to save the login status.

The processing takes place on the basis of Art. 6 Para. 1 lit. b (implementation of order processes) and c (legally required archiving) DSGVO. The information marked as required is required for the establishment and fulfillment of the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of legal permissions and obligations. The data will only be processed in third countries if this is necessary to fulfill the contract (e.g. at the customer’s request for 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 such as Google. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention being necessary for commercial or tax reasons in accordance with Article 6 (1) (c) GDPR. Information in the customer account remains until it is deleted with subsequent archiving in the event of a legal obligation. It is the user’s responsibility to back up their data before the end of the contract in the event of termination.

As part of the registration and renewed registrations as well as the use of 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’s protection against misuse and other unauthorized use. In principle, this data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Article 6 (1) (c) GDPR.

Deletion takes place after statutory warranty and comparable obligations have expired; the necessity of storing the data is checked at irregular intervals. In the case of legal archiving obligations, the deletion takes place after their expiry.

Note regarding data transfers to the USA (United States of America)
For the sake of completeness, we would like to point out that US authorities have surveillance measures in place for users based in Switzerland, which generally prohibit the storage of all personal data from Switzerland – which in the USA were transmitted – made possible.

This is done without differentiation, limitation or exception based on the objectives pursued and without an objective criterion that allows the US authorities to access the data and their subsequent use to be limited to very specific, strictly limited purposes associated with access to to justify this data as well as interventions associated with its use. In addition, we would like to point out that there are no legal remedies in the USA for data subjects from Switzerland that would allow access to the data concerning you and to obtain their correction or deletion, resp. there is no effective legal protection against general access rights by US authorities. We explicitly point out this legal and factual situation to those affected,

We would like to point out to users residing in an EU member state that the USA does not have an adequate level of data protection from the point of view 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 specially named rights holders. For the reproduction of all files, the written consent of the copyright holder must be obtained in advance.

Anyone who commits a copyright infringement without the consent of the respective rights holder may be liable to prosecution and may be liable for 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 in terms of content and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, correctness and topicality of information, including that of a journalistic and editorial nature. Liability claims for damage of a material or immaterial nature caused by the use of the information provided are excluded unless there is evidence of intentional or grossly negligent fault.

The publisher can change or delete texts at its own discretion and without notice and is not obliged to update the content of this website. Use of or access to this website is at the visitor’s own risk. The publisher, its clients or partners are not responsible for any damage, such as direct, indirect, accidental, damage to be specified in advance or consequential damage, which is alleged to have arisen from visiting this website and therefore assume no liability for this.

The publisher also assumes no responsibility and liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked pages are solely responsible for their content. The publisher expressly distances himself from all third-party content that may be relevant under criminal or liability law or that violate common decency.

Changes
We may change this privacy policy at any time without prior notice. The current version published on our website applies. Insofar as the data protection declaration is part of an agreement with you, in the event of an update we will inform you of the change by e-mail or by other suitable means.

Questions to the data protection officer
If you have any questions about data protection, please send us an e-mail or contact the person responsible for data protection in our organization listed at the beginning of the data protection declaration.

Wil, March 27th,
2020 Source: SwissAnwalt