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STORE POLICY

Privacy Policy

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

Hauri Adventures

Martin Hauri

Schulhausweg 14

7050 Arosa

Phone: 0795449990

Email: unit3@gmx.ch

Website: https://www.arosabytinu.com/store-policy

General note

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Federal Government (Data Protection Act, DSG), every person is entitled to protection of their privacy as well as 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 privacy policy.

In cooperation with our hosting providers, we endeavor to protect the databases as effectively as possible from access by third parties, loss, misuse, or falsification.

We would like to point out that data transmission over the Internet (e.g., when communicating by email) may have security vulnerabilities. A complete protection of the data against access by third parties is not possible.

By using this website, you consent to the collection, processing, and use of data as described below. This website can generally be visited without registration. In this case, data such as pages accessed or the name of the file accessed, 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 email address, are collected on a voluntary basis as far as possible. Without your consent, this data will not be passed on to third parties.

Processing of personal data

Personal data are all information relating 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, acquisition, 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 insofar as and to the extent that the EU GDPR is applicable, in accordance with the following legal bases in connection with Art. 6 (1) GDPR:

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

b) Processing of personal data for the performance of a contract with the data subject and for the implementation of pre-contractual measures.

c) Processing of personal data to fulfill 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.

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

f) Processing of personal data to safeguard the legitimate interests of us or third parties, provided that the fundamental freedoms and rights and interests of the data subject do not prevail. 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 duration necessary for the respective purpose or purposes. In the case of longer retention obligations due to legal and other obligations to which we are subject, we restrict processing accordingly.

Privacy policy for contact form

If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We will 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 email address from you as well as information that allows us to verify that you are the owner of the email address provided and that you agree to receive the newsletter. No further data is collected. We use these data exclusively for sending the requested information and do not pass them on to third parties.

The consent given for the storage of data, email address, and their use for sending the newsletter can be revoked at any time, for example via the "Unsubscribe" link in the newsletter.

Rights of data subjects

Right to confirmation

Every data subject has the right to request confirmation from the operator of the website as to whether personal data concerning them are being processed. If you would like to exercise this right to confirmation, you can contact the data protection officer at any time.

Right to information

Any person concerned by the processing of personal data has the right to obtain from the operator of this website at any time free of charge information about the personal data stored about him or her and a copy of this information. Furthermore, information can be provided on the following:

  • the purposes of processing

  • the categories of personal data 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 rectify or erase personal data concerning them or to restrict the processing of personal data by the data controller or to object to such processing

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

  • if the personal data are not collected from the data subject: All available information on the origin of the data

  • the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing on the data subject

  • Furthermore, the data subject has a right to information as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate guarantees in connection with the transfer.

  • If a data subject wishes to exercise this right to information, they can contact the data protection officer at any time.

  • Right to rectification

  • Any person concerned by the processing of personal data has the right to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement.

  • If a data subject wishes to exercise this right to rectification, they can contact the data protection officer at any time.

  • Right to erasure (right to be forgotten)

  • Any person affected by the processing of personal data has the right to demand from the data controller that the personal data concerning him or her be erased immediately if one of the following reasons applies and if the processing is not necessary:

  • The personal data have been collected or otherwise processed for purposes for which they are no longer necessary.

  • The data subject withdraws the consent on which the processing was based pursuant to Art. 6 (1) lit. a GDPR or Art. 9 (2) lit. a GDPR and there is no other legal basis for the processing.

  • The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.

  • The personal data have been processed unlawfully.

  • The erasure of personal data is necessary to fulfil a legal obligation under Union or national law to which the data controller is subject.

  • The personal data have been collected in relation to information society services offered pursuant to Article 8 (1) GDPR.

  • If one of the above reasons applies and a data subject wishes to have personal data stored by us deleted, they can contact the data protection officer at any time. The data protection officer will ensure that the erasure request is complied with immediately.

  • If personal data have been made public by us and our company is responsible as the data controller pursuant to Art. 17 (1) GDPR, we shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested the erasure of all links to these personal data or of copies or replications of these personal data, unless the processing is necessary. The data protection officer will arrange the necessary in individual cases.

  • Right to restriction of processing

  • Any person affected by the processing of personal data has the right to request the controller to restrict processing if one of the following conditions is met:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.

  • The processing is unlawful, the data subject opposes the erasure of the personal data and requests the restriction of their use instead.

  • The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the establishment, exercise, or defense of legal claims.

  • The data subject has objected to processing pursuant to Article 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

  • If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by us, they can contact the data protection officer at any time. The data protection officer will arrange for the processing to be restricted.

  • Right to data portability

  • Any person affected by the processing of personal data has the right to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit these data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Art. 6 (1) lit. a GDPR or Art. 9 (2) lit. a GDPR or on a contract pursuant to Art. 6 (1) lit. b GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

  • Furthermore, when exercising their right to data portability pursuant to Article 20 (1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.

  • In order to assert the right to data portability, the data subject can contact the data protection officer at any time.

  • Right to object

  • Any person affected by the processing of personal data has the right to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning him or her which is based on Art. 6 (1) lit. e or f GDPR. This also applies to profiling based on these provisions.

  • In the event of an objection, we will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the establishment, exercise, or defense of legal claims.

  • If we process personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to us processing for direct marketing purposes, we will no longer process the personal data for these purposes.

  • In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them by us for scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

  • To exercise the right to object, the data subject can contact the data protection officer directly.

  • Automated decisions in individual cases including profiling

  • Any person affected by the processing of personal data has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision:

  • is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or

  • is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or

  • is not based on the data subject's explicit consent.

  • If the decision is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or if it is based on the data subject's explicit consent, we shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view, and to contest the decision.

  • If the data subject wishes to exercise rights concerning automated decisions, they can contact the data protection officer at any time.

  • Right to withdraw consent under data protection law

  • Any person affected by the processing of personal data has the right to withdraw consent to the processing of personal data at any time under data protection law.

  • If the data subject wishes to exercise their right to withdraw consent, they can contact the data protection officer at any time.

  • Data protection in applications and in the application process

  • The data controller collects and processes the personal data of applicants for the purpose of processing the application process. Processing may also be carried out electronically. This is particularly the case if an applicant submits corresponding application documents to the data controller electronically, for example by email or via a web form on the website. If the data controller concludes an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with statutory provisions. If no employment contract is concluded with the applicant by the data controller, the application documents will be automatically deleted six months after notification of the rejection decision, provided that deletion does not conflict with any other legitimate interests of the data controller. Other legitimate interest in this sense is, for example, a burden of proof in a procedure under the General Equal Treatment Act (AGG).

  • Data protection provisions on the use and application of Google Analytics (with anonymization function)

  • The data controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analytics service. Web analysis is the collection, compilation, and evaluation of data on the behavior of visitors to websites. A web analysis service collects data on, among other things, from which website a data subject came to a website (so-called referrers), which subpages of the website were accessed, or how often and for how long a subpage was viewed. A web analysis is mainly used to optimize a website and for cost-benefit analysis of Internet advertising.

  • The operating company of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

  • The data controller uses the addition "_gat._anonymizeIp" for web analysis via Google Analytics. By means of this addition, the IP address of the Internet connection of the data subject is shortened and anonymized by Google if access to our Internet pages is from a Member State of the European Union or from another state party to the Agreement on the European Economic Area.

  • The purpose of the Google Analytics component is to analyze visitor flows on our website. Among other things, Google uses the data and information obtained to evaluate the use of our website, to compile online reports for us showing the activities on our website, and to provide other services related to the use of our website.

  • Google Analytics sets a cookie on the information technology system of the data subject. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. Each time one of the individual pages of this website, which is operated by the data controller and on which a Google Analytics component has been integrated, is accessed, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the data subject, which serves Google, among other things, to trace the origin of visitors and clicks and subsequently to enable commission settlements.

  • By means of the cookie, personal information, such as access time, the location from which access originated, and the frequency of visits to our website by the data subject, is stored. Each time you visit our website, this personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may disclose personal data collected through the technical process to third parties.

  • The data subject can prevent the setting of cookies by our website, as described above, at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.

  • Furthermore, the data subject has the opportunity to object to and prevent the collection of data generated by Google Analytics and relating to the use of this website and the processing of this data by Google. To do this, the person concerned must download and install a browser add-on from the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information on visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is considered a contradiction by Google. If the information technology system of the data subject is later deleted, formatted, or reinstalled, the data subject must reinstall the browser add-on to disable Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within their control, it is possible to reinstall or reactivate the browser add-on.

  • Further information and Google's current privacy policy can be found at https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link https://www.google.com/intl/de_de/analytics/.

  • Legal basis of processing

  • Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured on our premises and his name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third party. Then the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights, and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the data controller (recital 47 sentence 2 GDPR).

  • Legitimate interests in the processing pursued by the data controller or a third party

  • If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the performance of our business activities for the benefit of all our employees and our shareholders.

  • Duration for which the personal data are stored

  • The criterion for the duration of storage of personal data is the respective statutory retention period. After the expiry of this period, the corresponding data will be routinely deleted, provided they are no longer necessary for the performance or initiation of the contract.

  • Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data

  • We would like to inform you that the provision of personal data is partly required by law (e.g., tax regulations) or can also result from contractual regulations (e.g., information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the data subject provides personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.

  • Existence of automated decision-making

  • As a responsible company, we do not use automatic decision-making or profiling.

  • Changes to our privacy policy

  • We reserve the right to adapt this data protection declaration so that it always complies with current legal requirements or to implement changes to our services in the data protection declaration, e.g., when introducing new services. The new data protection declaration will then apply for your next visit.

  • Questions to the data protection officer

  • If you have any questions about data protection, please send us an email or contact the person responsible for data protection in our organization directly:

  • unit3@gmx.ch

Arosa, 27.10.2020 Source: SwissAnwalt

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