Privacy Policy

Terms of Use

Preamble 

Welcome to the Charoite Shop! Before proceeding further, please read the following terms and conditions carefully to understand them.

These Terms of Use govern access to, browsing and use of the website and online shop www.charoite.shop, which is owned by Charoite GmbH (“Charoite”) located at c/o HÄRTING Rechtsanwälte AG, Landis + Gyr-Strasse 1, 6300 Zug, Switzerland. By using our website and online shop, as well as our social media channels, you confirm that you have read and understood the content of these terms and conditions and that you agree to them in full.

Proper and appropriate use

You agree to use our website and online shop in an orderly and appropriate manner. You must refrain from any abusive use that could result in, for example, overloading, delaying the transmission of information, interrupting services, blocking access or other adverse effects for us or other users.

Users have the option of registering with our online shop and logging in. By registering and logging in, users agree to comply with these terms of use and our general terms and conditions.

Data protection

The processing of personal data is governed by our data protection declaration.

Liability and warranty disclaimer

Access to and use of our website and online shop, including browsing and navigation, is at the user’s own risk.

Charoite GmbH and the persons acting on its behalf cannot be held liable, in particular, but not exclusively, for damages, reputational damage, costs, losses, loss of revenue or profit or liabilities that may arise from accessing our website or online store or their content or from the impossibility of using them.

All material, information and everything you find on our website or in the online store is provided to you in its current state, subject to availability and without any express or implied warranty, including, but not limited to, the implied warranty of merchantability or fitness for a particular purpose.

The presentation of the products in the online shop does not constitute a legally binding offer, but merely a non-binding online catalogue or a non-binding invitation to customers to order the product in the online shop. Charoite GmbH expressly reserves the right to change the products themselves as well as the content, such as images, assortment, prices and the descriptions of our products, at any time and without notice. Illustrations, pictures, brochures, advertising and other information in connection with our products are for information purposes only and are not binding on Charoite GmbH.

Charoite GmbH does not guarantee that our website and our online store and their contents will meet your expectations and will be available uninterrupted, timely, secure and error-free. Charoite GmbH reserves the right to interrupt or discontinue the functionality of the website and the online store in whole or in part. Any liability for the impairment of the website or the online store is excluded. Charoite GmbH reserves the right to make changes, corrections and/or improvements to its website and online store and their contents at any time and without prior notice.

Activating links

Activating links on our website or in the online store may cause you to leave our website or online store. We do not review any of these linked websites and do not guarantee or warrant, either expressly or tacitly, the quality, relevance, accuracy, completeness, timeliness, availability or legality of these third-party websites or their content. We are also not responsible in any way for the products, services, information and other content offered via these linked websites. The same applies to websites that offer links to our website or online shop.

Transmission of data, malware

The transmission of data via the internet is not completely secure. Any transmission of data is at the user’s own risk.

Downloading or otherwise obtaining any material while using our website or online store is done at the user’s own risk. Charoite GmbH is not liable for computer viruses, worms, Trojans or other malware or any resulting damage that may have been introduced or caused by using our website or online store.

Legal and statutory violations by the user

Charoite GmbH expressly points out that no copyrights, other rights of third parties or other legal provisions may be violated by the use of our website or our online shop. Materials distributed in connection with the use of our website, or our online shop may not contain any racist, discriminatory, sexist, pornographic and/or violent elements.

Intellectual property rights of Charoite GmbH

The information and content published on the website are protected by copyright and are the property of Charoite GmbH. Reproduction, processing, distribution, or any other form of use requires prior written consent. Charoite GmbH expressly reserves all rights in this regard.

The intellectual property rights to the products offered for sale in the online store or on the Charoite GmbH website remain the property of the respective rights holder.

Intellectual property rights of Charoite GmbH

Charoite GmbH reserves the right to unilaterally change the terms of use at any time. Amended terms of use come into force with the publication of the updated terms of use on \\\\\\our website or in our online store.

Should individual provisions of these terms of use be wholly or partially invalid, the remaining provisions shall remain unaffected in their effectiveness. Charoite GmbH will replace any invalid or void provisions as soon as possible with provisions that come as close as possible to the omitted provisions.

These terms and conditions of use are subject exclusively to substantive Swiss law. For disputes and claims arising from or in connection with these terms and conditions of use, subject to any mandatory statutory place of jurisdiction, the ordinary courts at the registered office of Charoite GmbH shall have exclusive jurisdiction.

Zug, January 2024

Charoite GmbH

General Terms and Conditions of Charoite GmbH

1.Applicability 

These General Terms and Conditions (‘GTC’)apply to all orders placed via the online store, website or social media channels of Charoite GmbH (CHE-261.316.539) (hereinafterreferred to as “Charoite”) and the resultinglegal relationships. These GTC apply exclusively, unless otherwise expressly agreedin writing.

Conflicting general terms and conditions of the customer are not recognised.

By registering on the website or in the online shop of Charoite, you confirm that you haveread and understood these GTC and that you agree to them. These GTC are an integral part of the contract between Charoite and the customer in the case of an order.

2.Conclusion of a contract

All offers on the website or in the online shop of Charoite represent a non-binding invitation to place an order. All information on goods and prices within the ordering process is non- binding. Prices and product ranges are subject to change, as are technical specifications.

By sending or confirming the order, the customer makes a legally binding offer to conclude a purchase contract. Orders are therefore binding and cannot be changed or cancelled. By sending the order, the customer confirms that they have read these GTC and agree to them without reservation.

After the order has been placed, it is at Charoite’s discretion to accept the order or to reject it by sending a corresponding notification by e-mail and without assuming any liability towards the customer. Any payments already made will be refunded in the event of rejection. The customer is bound by an order for 10 days.

When Charoite accepts the order, a binding purchase contract is formed.

Acceptance is made by explicit notification by e-mail.

3.Availability and reservation of title for non-deliverable products

All information regarding the availability, dispatch and delivery of a product is provisional and approximate. They do notconstitute binding or guaranteed dispatch or delivery dates. We shall only be liable for delays in dispatch or delivery if we are responsible for the delay.

By selecting the payment method, the customer authorises the payment either byentering the credit card details or the accessdata of a payment service provider. The customer authorises Charoite to accept payments by the corresponding method. Should chargebacks occur, Charoite is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, Charoite is not liable for any fees or other amounts thatthe card issuer or your bank may charge you as a result of processing your payment in accordance with your order.

When you pay with a credit card or alternative payment method, we reserve the right to check the validity of the card, the availability parameters for collection and the address data, and to request authorisation from the card issuer or payment provider. Furthermore, you confirm that the credit card is valid and that the payment details entered are correct. If the payment is rejected, Charoite reserves the right to cancel the order and stop shipping the products. In this case, we will contact you immediately.

When paying in advance, the customer will receive the invoice by email after the order has been received. Payment must be made using the payment slip or by quoting the payment reference within the payment period stated on the invoice. If payment is not made by the due date, Charoite reserves the right to cancel the order.

If you are late in paying, you will owe default interest of 5% per year. For each reminder sent to you after the occurrence of the default, you may be charged a reminder fee of CHF 5 or EUR 5 . In addition, any collection, legal and court costs shall be fully borne by you. We reserve the right to prove and claim higher damages caused by default.

4.Delivery

Deliveries are made exclusively to addresses in Switzerland and Serbia.

The customer is obliged to provide accurate and correct delivery information. If an item cannot be delivered due to incorrect delivery information, the return costs charged by the delivery company are to be borne by the customer.

Delivery is at the customer’s risk and expense. Charoite fulfils its contractual obligations by handing over the goods to the delivery agent. From this point on, the risk passes to the customer, who bears the transport risk accordingly. Charoite shall not be held responsible or liable in any way in this regard.

5.Prices and shipping costs

Unless otherwise expressly indicated on the website or in the online shop, all prices on the website or in the online shop of Charoite areinclusive of the value added tax prescribed bythe relevant legislation and exclusive of shipping costs. All shipping costs are to be borne in full by the customer.

The total price of your order, including all additional and delivery costs, will be displayed at the end of the ordering process.

By placing a binding order, you declare that you agree to the total price for the productsordered. After the binding order has been placed, the price can no longer be adjusted.

Charoite reserves the right to change prices at any time. The products will be charged based on the prices offered at the time the binding order is placed.

6.Payment methods

The customer has the option to pay using the payment methods displayed on the website or during the ordering process. These may change from time to time and from country to country.customer undertakes to make the appropriatedeclarations.

7.No returns/care

Ordered goods cannot be returned to Charoite. Goods cannot be returned. Accordingly, there is no right to return the goods received for any reason and to get the money back. There is no statutory right of withdrawal in Switzerland.

Charoite does not accept any responsibility or liability for the customer’s failure to properly care for and/or handle the delivered goods.

8.Retention of title

Charoite remains the owner of the delivered products until they have been paid for in full.Charoite can for this purpose register the retention of title in the public register and the provision that corresponds to the intended purpose or, if this is not possible, comes as close as possible to it.

9.Exclusion of warranty

Charoite’s liability for any material defects and defects of title is excluded to the fullest extent permitted by law. Charoite thus excludes any warranty for defects in the goods. This excludes all claims for conversion, reduction, consequential harm caused by a defect, cancellation of the contract, withdrawal from the contract and other claims by the customer, irrespective of the legal basis, to the extent permitted by law.

10.Liability

Liability for any direct or indirect damages, lost profits, consequential or incidental damages is completely excluded, unless there is intent or gross negligence on the part of Charoite for the damage incurred. Charoite is not liable for damages resulting from accidents, falls or similar that are related to the handling of Charoite goods.

11.Data protection and terms of use

When you use our website and contact us, various personal data are collected. Charoite collects and processes personal data only in accordance with the legal provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our data protection declaration. We may amend or supplement the data protection declaration at any time.

12.Intellectual property

The information and content published on the website are protected by copyright and are the property of Charoite or the respective rights holder. The reproduction, processing, distribution or any other form of utilisation requires the prior written consent of the respective rights holder. Charoite and the corresponding rights holder expressly reserve all rights in this regard.

13.Changes to the terms and conditions

Charoite expressly reserves the right to unilaterally amend these terms and conditions at any time without prior notice. Amended terms and conditions shall come into force upon publication on our website or in our online shop.

14.Final provisions

Should any individual provisions of these GTC prove to be invalid, the remaining provisions of these GTC shall not be affected. In this case, he invalid provision shall be replaced by a new provision that corresponds to the intended purpose or, if this is not possible, comes as close as possible to it.

All legal relationships between Charoite and the customer are subject to substantive Swiss law, excluding the Vienna Sales Convention.The exclusive place of jurisdiction for all disputes between Charoite and its customers is the registered office of Charoite in Switzerland. Mandatory places of jurisdiction remain reserved.

© Charoite GmbH, January 2024

Data protection declaration

1.General

Charoite GmbH, c/o HÄRTING Rechtsanwälte AG, Landis + Gyr-Strasse 1, 6300 Zug,Switzerland (hereinafter ‘Charoite/we/us’), is responsible for this data protection declaration.

When you use our website, we, Charoite GmbH, process your personal data as the data controller and store it for the duration necessary to fulfil the specified purposes and legal obligations.

We process your personal data in accordance with the processing principles set out in Art. 6 to 8 FADP. Protecting your privacy is important to us. Charoite GmbH places a high value on ompliance with the relevant data protection regulations. In this data protection declaration, we provide you with comprehensive information about how we handle your personal data as a visitor to our website and explain your rights in connection with the processing of personal data in our company.

You will find information about any relevant right of objection in the ‘Your rights’ section.

Scope

This data protection declaration applies to all processing activities related to personal data via our website.

We regulate the processing of personal data of our employees and customers outside of our online marketplace exclusively within the framework of our employee contracts or the ontracts with the providers.

Depending on the data processing, in addition to the applicable Swiss law, the Federal Data Protection Act (FADP) of 25 September 2020, SR 235.1, Serbian data protection law may also or exclusively apply under the Serbian Law on the Protection of Personal Data (ZZPL). This applies in particular to the use of our website and the monitoring of the behaviour of data subjects residing in Serbia. This data protection declaration does not apply to linked websites of other providers or websites that link to our website.

2.Contact details of the controllers

Controller

Charoite GmbH
c/o HÄRTING Rechtsanwälte AG
Landis + Gyr-Strasse 1
6300 Zug
E-mail: info@charoite.shop
Phone: +41 78 268 02 44

3.Contact details of the supervisory authorities

Swiss supervisory authority

Federal Data Protection and Information Commissioner
Feldeggweg 1
3003 Bern
Switzerland
Phone: +41 58 462 43 95

Contact form:

https://www.edoeb.admin.ch/edoeb/de/home/deredoeb/kontakt/anzeigeformular_betroffene.html/

Serbian supervisory authority

Bulevar kralja Aleksandra 15
Belgrade 11120
Serbia
Telefon: +38111 3408 900
E-mail: office@poverenik.rs

4. Processing activities

Depending on your relationship with us, we process different personal data about you for different purposes and based on different legal grounds.

A. Visiting our website

Data processing

When you visit our website, the browser used on your device automatically sends information to our website’s server. This information is temporarily stored in a so-called log file

Personal data

The following data is collected without any action on your part and stored until it is automatically deleted:

  • IP address of the requesting computer
  • Owner of the IP address range (usually your internet access provider)
  • Date and time of access
  • Website from which access is made (referrer URL), if applicable with the search word used
  • Name and URL of the retrieved file
  • Status code (e.g. error message)
  • Amount of data sent in bytes
  • Your computer’s operating system
  • Transmission protocol used (e.g. http/1.1)
  • If applicable, your username from a registration/authentication
  • Browser used (type, version and language)

Purpose

The data in question will be processed for the following purposes:

  • Ensuring a smooth connection to the website
  • Ensuring a comfortable use of our website
  • Evaluating system security and stability as well as for further administrative purposes
  • To improve and develop our business and services

Service provider

We used the services of SOTEX MS DOO NOVI SAD (SOTEX Solutions), Stevana Musica 18, 21000 Novi Sad, Serbia, to develop and host our website. In the event of support or maintenance, SOTEX Solutions has access to the website and thus to your personal data.

Legal basis

There is an overriding interest in the processing of your personal data in accordance with Art. 31 para. 1 FADP.

Necessity

This information is necessary for the website to function.

Data transfer to third countries

Your data will be processed in Serbia for the purposes of hosting and maintaining the website. According to Appendix 1 of the Data Protection Ordinance, Serbia does not have an adequate level of data protection. In order to ensure the adequate protection of your data, we have concluded so-called standard contractual clauses with SOTEX Solutions and taken appropriate and proportionate technical and organisational measures.

Storage period

After your session has ended, the session cookies are deleted, but we do keep the log in accordance with legal requirements.

B. How to contact us

Data processing

On our website, we offer you the opportunity to contact us directly via email or a form. The reason for contacting us may be, for example, questions about orders, payments and invoices, technical questions or questions on other topics, or feedback.

Personal data

The following information can be provided:

  • First and last names
  • E-mail address
  • Possibly your order number, customer number
  • Information that you provide in writing or verbally

Purpose

The data in question will be processed for the following purposes:

  • Contacting you
  • Responding to your enquiry

Service provider

To process your request, we use WooCommerce and WordPress. Provider of these services is Aut O’Mattic A8C Ireland Ltd. Business Centre, No.1 Lower Mayor Street, International Financial Services Centre Dublin 1, Ireland.

Legal basis

This data processing is carried out on the basis of contractual or pre- contractual measures in accordance with Art. 31 para. 2 lit. a FADP.As soon as you have consented to this data protection declaration, we will also process your personal data with your express consent in accordance with Art. 31 para. 1 FADP.

Necessity

This editing activity is not necessary for the functionality of the website.

Data transfer to third countries

The transfer of European or Swiss personal data to Automattic may result in this data being transferred to its parent company in the United States or to third parties in a country that does not provide an adequate level of data protection. We have agreed with Automattic that a transfer to the US will be made based on the Swiss – US Data Privacy Framework or, should it be declared invalid or not apply, based on so-called standard contractual clauses and appropriate and proportionate technical and organisational measures. By placingyour order, you also consent to your personal data being transferred to non-secure third countries in accordance with Art. 17 FADP. The provider’s privacy policy can be found here:

Storage period

The data stored for the purpose of establishing contact will be deleted after the final processing, provided that we are not subject to a statutory retention obligation of 5 or 10 years.

C. Online Customer Account

Data processing

You have the option of  setting up a password-protected online customer account with us for the purpose of recording and processing orders. This also includes enquiries/comments, orders and deliveries. The customer account allows you to manage your orders. You can also manage past and current orders.

Personal data

The following personal data is processed during this procedure:

  • First and last name
  • E-mail address
  • Address

Purpose

The purpose of this processing is to fulfil the contract and to provide a simplified, more efficient and customer-friendly ordering process.

Legal basis

This data processing is carried out on the basis of contractual or pre- contractual measures in accordance with Art. 31 para. 2 lit. a. FADP.

Service provider

We manage the customer account using the services of WooCommerce and WordPress. The provider of these services is Aut O’Mattic A8C Ireland Ltd. Business Centre, No.1 Lower Mayor Street, International Financial Services Centre Dublin 1, Ireland.

Necessity

This processing activity is necessary for the submission and processing of an order. However, creating a customer account is not required to use our website or to place orders with us.

Data transfer to third countries

The transfer of European or Swiss personal data to Automattic may result in this data being transferred to its parent company in the United States or to third parties in a country that does not provide an adequate level of data protection. We have agreed with Automattic that a transfer to the US will be made based on the Swiss – US Data Privacy Framework or, should it be declared invalid or not apply, ased on so-called standard contractual clauses and appropriate and proportionate technical and organisational measures. By placing your order, you also consent to your personal data being transferred to non-secure third countries in accordance with Art. 17 FADP. The provider’s privacy policy can be found here: https://automattic.com/privacy/

Storage period

We will store the data needed to process your order for at least the duration of the contract. We are legally obliged to keep business and accounting records for 10 years. We reserve the right to store data for a longer period for the purpose of asserting our rights.

D. Processing of your order via our online shop

Data processing

You have the option to order various products via our online shop. The data you provide for your order and its processing are recorded in an e-commerce system. We use the services of WooCommerce and WordPress for this. We process the data you provide to us to process your order. This includes consultations, orders, returns, deliveries, processing by our service team, and for the purpose of collection or legal enforcement. You can place an order via your customer account or as a guest. When ordering as a guest, the same data is collected as for a customer account. In this case, however, no customer account will be created. We may pass on your data to our rder processors and third parties. Your data will be passed on to a processor or third party in one or more of the following categories:

  • Manufacturers and suppliers
  • Forwarding agents, distributors and logistics partners
  • Authorities and courts
  • Partners for the administration and processing of order data and synchronization with other databases

Personal data

We process the following data to fulfil your order:

  • First name and surname
  • Address
  • E-mail address
  • Telephone number
  • Your order information

Purpose

The purpose of this data processing is to process your order and thus to fulfil the purchase contract that was concluded as a result of your enquiry or to reverse that contract.

Legal basis

These data processing operations are carried out on the basis of contractual or pre-contractual measures in accordance with Art. 31 para. 2 lit. a FADP. As soon as you have consented to this data protection declaration, we will also process your personal data with your express consent in accordance with Art. 31 para. 1 FADP.

Service Provider

Provider of the services WooCommerce and WordPress is Aut O’Mattic A8C Ireland Ltd. Business Centre, No.1 Lower Mayor Street, International Financial Services Centre Dublin 1, Ireland.

Necessity

The processing of this data is necessary for the fulfilment of the order.

Data transfer to third countries

The transfer of European or Swiss personal data to Automattic may result in this data being transferred to its parent company in the United States or to third parties in a country that does not provide an adequate level of data protection. We have agreed with Automattic that a transfer to the US will be made based on the Swiss – US Data Privacy Framework or, should it be declared invalid or not apply, based on so-called standard contractual clauses and appropriate and proportionate technical and organisational measures. By placing your order, you also consent to your personal data being transferred to non-secure third countries in accordance with Art. 17 FADP. The provider’s privacy policy can be found here: https://automattic.com/privacy/

Storage period

We will store the data for processing your order for at least the duration of the contract. We are legally obliged to store business and accounting records for 10 years. We reserve the right to store data for longer in order to assert our rights.

E. Payment for your order via our online shop

Data processing

We offer the option of processing the payment transaction via the payment service provider Stripe Inc. «Stripe», ℅ Legal Process, 510, Townsend St., San Francisco, CA 94103 (Stripe).

Personal data

The following data can be processed during the payment process:

  • Cardholder’s name
  • E-mail address
  • Telephone number
  • Customer number
  • Order number
  • Bank details
  • Credit card details
  • Expiry date of the credit card
  • Security code of the credit card (CVC)
  • Date and time of the transaction
  • Transaction amount
  • Name of the provider
  • Place

Purpose

The purpose of this data processing is to process the payment and fulfil the purchase contract.

Legal basis

These data processing operations are carried out on the basis of contractual or pre-contractual measures in accordance with Art. 31 para. 2 lit. a FADP.

Service provider

Stripe Payments Europe, Limited (SPEL), 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Irland

Necessity

The processing of this data is necessary for the fulfilment of the order and its payment.

Data transfer to third countries

The transfer of European or Swiss personal data to Stripe may result in this data being transferred to its parent company in the United States or to third parties in a country that does not provide an equivalent level of data protection. We have agreed with Stripe that a transfer to the US will be made based on the Swiss – US Data Privacy Framework or, should it be declared invalid or not apply, based on so-called standard contractual clauses and appropriate and proportionate technical and organisational measures. By placing your order, you also consent to your personal data being transferred to non-secure third countries in accordance with Art. 17 FADP. You can find Stripe’s privacy policy here: https://stripe.com/de-ch/legal/data- privacy-framework

Storage period

We will store the data for processing your order for at least the duration of the contract. We are legally obliged to store business and accounting records for 10 years. We reserve the right to store data for longer in order to assert our rights.

V. Cookies

A. General

Data processing

We use cookies on our website. These are small files that are automatically created by your browser and stored on your device (laptop, tablet, smartphone, etc.) when you visit our site.

Personal data

A cookie does not necessarily mean that we can identify you.

Purpose

We use cookies to statistically record and evaluate the use of our website for the purposes of optimisation and user-friendliness.

Legal basis

We process cookies based on our overriding private interest in accordance with Art. 31 para. 1 FADP. We process cookies that are not technically necessary as soon as you have given your consent to this data protection declaration, additionally based on your consent in accordance with Art. 31 para. 1 FADP.

Necessity

Most internet browsers are initially set up to accept cookies automatically. If you do not want our websites to store cookies on your device, you can configure your browser settings to receive a warning before certain cookies are stored. Please note that disabling cookies, either partially or completely, may mean that you are unable to use all the features of our websites.

Storage period

Cookies have different retention periods. If they are cookies from third-party manufacturers, we have no influence on the retention period.

B. Technically necessary cookies

Data processing

We use a logging cookie to store your personal user settings regarding cookies on our website.

Personal data

No personal data is processed. Only the current status of your chosen cookie and language settings are stored.

Purpose

The processing is carried out to re-identify your personal cookie settings on our website.

Legal basis

The processing is carried out on the basis of our overriding private interest in accordance with Art. 31 para. 1 FADP. As soon as you have consented to this data protection declaration, we will also process your personal data with your express consent in accordance with Art. 31 para. 1 FADP.

Necessity

This cookie is necessary for the functionality of the website.

Storage period

The cookie will be automatically deleted from your system after 12 months at the latest.

1. Google Analytics

Data processing

We use the web analysis service Google Analytics on our website.

Cookies are used to create pseudonymous user profiles. The data is stored on the end device, anonymised and evaluated in the form of statistics.

Personal data

The following data about you is processed in connection with the Google Analytics web analysis service:

  • Masked IP address of the requesting computer
  • Date and time of access
  • Website from which access is made (referrer URL) Browser type and browser version
  • Number of visits/users
  • Session statistics Extension: demographic characteristics and interests
  • Age: 18-24, 25-34, 35-44, 45-54, 55-64, 65+
  • Gender: male, female
  • Categories of shared interests
  • Segments with target groups ready to buy

Further categories that provide the most specific view of the users. To do this, three permanent cookies from Google Analytics are used (_gat, _gid, _ga), which are automatically deleted after a defined period of time. The IP addresses collected are anonymised by Google Analytics (so-called IP masking). Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there.

Purpose

We process your personal data for marketing and analysis purposes. We evaluate your user behaviour, use conversion tracking, create statistics and optimise our advertising channels and messages.

Legal basis

Data processing is carried out based on your express consent in accordance with Art. 31 para. 1 FADP.

Service provider

Google Ireland Limited («Google»), Gordon House, Barrow Street, Dublin 4, Irland.

Necessity

This editing activity is not necessary for the functionality of the website.

Data transfer to third countries

Your personal data will be processed by Google Ireland Limited in Ireland. However, personal data may also be transferred to the US parent company Google LLC. Google LLC is a participant in the EU- US Data Privacy Framework. We have agreed with Google that a transfer to the US will be made based on the Swiss – US Data Privacy Framework or, should it be declared invalid or not apply, based on so- called standard contractual clauses and appropriate and proportionate technical and organisational measures. By placing your consent, you also consent to your personal data being transferred to non-secure third countries in accordance with Art. 17 FADP. You can find Google’s privacy policy here: https://policies.google.com/privacy?hl=en

Storage period

Your data is stored on the end device for up to 2 years.

C. Social Media

1. Integrating Instagram

Data processing

To enable you to communicate with us, we maintain a social media profile on Instagram at charoiteofficial by Meta Platforms Ireland Ltd. (‘Meta’), 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. You can contact us via this profile.

We have also placed Instagram social media buttons on our website to link you easily to our respective profiles. This is not a plug-in, but only an icon with a link. Instagram does not process any of your personal data on our website in this context.

We are jointly responsible with Meta for the purposes of Art. 26 GDPR, but only with regard to the collection and transmission of data.Meta is solely responsible for the subsequent processing of the information. We have concluded a joint controllership agreement with Meta to define our respective responsibilities for fulfilling the obligations under the GDPR. According to this agreement, we are responsible for informing the users of our website, while Meta is responsible for fulfilling requests regarding the rights of data subjects in accordance with Articles 15 to 21 of the GDPR. However, you can in principle assert your rights as a data subject against any of the joint controllers within the scope of the joint controllership.

Meta (Instagram) processes personal data in accordance with its privacy policy and data protection notices. https://privacycenter.instagram.com/policy

Personal data

If you contact us via our social media profile or click on a social media button, the following information about you will be collected:

  • User behaviour
  • IP address
  • Connection data
  • Device and browser information
  • Data about the content accessed when clicking on the social media button
  • User name or first and last name
  • Possibly a picture, data that you send us when contacting us

By clicking on the social media button, you will be redirected to the provider’s website. We have no influence over the processing of personal data on third-party websites.

Purpose

The social media buttons are used to structure our website and to place other web content on our website. If you contact us via Instagram, we will process the data for the purpose of answering your nquiry.

Legal basis

If you contact us via one of our social media profiles, we will process your data for the purpose of fulfilling the contract or taking pre- contractual measures in accordance with Art. 31 para. 2 lit. a FADP and based on our overriding private interest in accordance with Art. 31 para. 1 FADP in order to provide a means of communication.

Necessity

This editing activity is not necessary for the functionality of the website.

Data transfer to third countries

The transfer of European or Swiss personal data to Meta may result in the transfer of such data to its parent company in the United States or to third parties in a country that does not provide an adequate level of data protection. We have agreed with Meta that a transfer to the US will be made based on the Swiss – US Data Privacy Framework or, should it be declared invalid or not apply, based on so-called standard contractual clauses and appropriate and proportionate technical and organisational measures. By placing your consent, you also consent to your personal data being transferred to non-secure third countries in accordance with Art. 17 FADP. You can find Meta’s data protection declaration here: https://www.facebook.com/privacy/policy/

Storage period

Data processed in connection with you contacting us via our social media profile will be deleted after one year, provided that we are not subject to a five- or ten-year retention requirement for the communication.

VI. Disclosure of data to third parties

Data processing

Your personal data will not be transferred to third parties for purposes other than those listed and to other contractors other than those listed and their subcontractors. The third parties in question are technology providers who ensure the optimal operation of the websites and social media sites and provide the services listed above.

VII. Cross-border disclosure in third countries without an adequate level of protection

Data processing

Data is not disclosed in third countries without an adequate level of data protection or only subject to appropriate safeguards, e.g. under the contractual obligation to maintain an adequate level of data protection (EU standard contractual clauses).

Personal data will only be transferred to third countries if the data protection requirements of Art. 6 FADP are met.

A third country is a country outside Switzerland or the European Economic Area (EEA) in which Swiss data protection law or the European GDPR is not directly applicable. A third country is considered to be unsafe if, according to the Federal Council or the EU Commission, the country does not have an adequate level of data protection.

Data privacy frameworks are in place between the EU and the US and between Switzerland and the US. These frameworks ensure that data transfers to the US and data processing comply with the DPA, whereby all the rights of the data subject under EU and Swiss law can be safeguarded. Whether a specific data processor in the US participates in this framework can be checked on the website: www.dataprivacyframework.gov/s/. In addition, you will find further information on the processing of user data in the specific data protection declarations of the data processor. In this data protection information, we inform you when and how we transfer personal data to the USA or to other unsafe third countries.

VIII. Data Security

Data processing

We take appropriate measures to ensure that your personal data cannot be viewed or stolen by unauthorised third parties. In particular, we use appropriate technical (e.g. firewalls, password protection, SSL encryption, etc.) and organisational (e.g. restriction of authorised persons, training of authorised persons, etc.) measures to ensure that only authorised persons have access to this data. Our data processing and security measures are continuously improved in line with technological developments.

Personal data

Personal data is any information relating to an identified or identifiable natural person, including name, address, telephone number or e-mail or IP address.

Purpose

We use SSL encryption for security reasons 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 the browser changes from ‘http://’ to ‘https://’ and by the lock symbol in your browser line.

If SSL encryption is activated, the data you transmit to us cannot be read by third parties.

IX. Storage period

Data processing

We will retain your personal data for as long as we consider it necessary or appropriate to comply with applicable laws or for as long as it is necessary for the purposes for which it was collected. We delete your personal data as soon as it is no longer needed and in any case after the legally prescribed maximum retention period of 5 or 10 years has expired. Data that is no longer necessary and for which there is no legal obligation to retain it will be destroyed after the purpose and justification for its storage has ceased to apply.

Personal data

We store your data for the following duration:

We store data that we process in accordance with the law during the statutory retention period, for example if it is required by labour, social security, tax law or the commercial books regulations;

We store data that we need to fulfil a contract for at least the duration of the contract and for a maximum of 10 years thereafter, unless we require the data to assert our rights;

We store data that we process to protect our legitimate interests for a maximum of ten years after the end of the contractual relationship, unless we need the data to assert our rights.

X. Your rights

As a data subject, you may be able to assert various claims against us under the applicable national and international law.

In order to fulfil these claims, we may need to process your personal data again.

Depending on the applicable law, data subjects may be able to assert the following rights:

Right to information

Request information about your personal data that we process. In particular, information according to Art. 25 ff. FADP may contain:

  • about the purposes of the processing
  • the category of personal data
  • the categories of recipients to whom your data has been or will be disclosed
  • the planned storage period
  • the existence of a right to rectification, erasure, restriction of processing or objection
  • the existence of a right to lodge a complaint
  • the source of your data, if it was not collected by us
  • and the existence of automated decision-making, including profiling, and, where applicable, meaningful information about the details

Right of rectification

To request the correction of incorrect personal data or the completion of incomplete personal data stored by us without delay (Art. 32 para. 1 FADP)

Right to restriction of processing

To request the restriction of the processing of your personal data if you dispute the accuracy of the data, if the processing is unlawful but you refuse to allow it to be deleted and we no longer require the data but you require it for the establishment, exercise or defence of legal claims or you have objected to the processing in accordance with Art. 32 FADP;

Right to data disclosure and transfer

To receive the personal data that you have provided to us in a structured, commonly used and machine-readable format or to request its transfer to another controller (Art. 28 FADP);

Cancellation right

To request the deletion of your personal data stored by us, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims (Art. 32 FADP in conjunction with Art. 28 of the Swiss Civil Code);

Withdrawal of consent

Withdraw your consent to us at any time. As a result, we will no longer be allowed to continue the data processing based on this consent in the future (Art. 30 para. 2 lit. b FADP);

Complaint to the supervisory authority

Complain to a supervisory authority (see above) (Art. 49 FADP).

XI. Timeliness and changes to this Privacy Statement

We reserve the right to change this data protection declaration at any time or to adapt it to new processing methods. The current data protection declaration can be accessed at www.charoite.shop/data-protection at any time.
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