We are very pleased about your interest in our company. Data protection is a particularly high priority for the management of GustoMondial / smoke.ch. The websites of GustoMondial / smoke.ch can generally be used without providing any personal data. However, if a data subject wishes to use special services of our company via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection provisions applicable to GustoMondial / smoke.ch. By means of this privacy policy, our company would like to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, this privacy policy informs data subjects of the rights to which they are entitled.
As the controller, GustoMondial / smoke.ch has implemented numerous technical and organizational measures to ensure the most complete protection possible of the personal data processed through this website. Nevertheless, Internet-based data transmissions can in principle have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
1. Definitions
The privacy policy of GustoMondial / smoke.ch is based on the terms used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
In this privacy policy, we use the following terms, among others:
A) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
B) Data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
C) Processing
Processing means any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
D) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
E) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
F) Pseudonymization
Pseudonymization means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
G) Controller or controller responsible for the processing
Controller or controller responsible for the processing means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
H) Processor
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
I) Recipient
Recipient means a natural or legal person, public authority, agency or other body to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law are not regarded as recipients.
J) Third party
Third party means a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
K) Consent
Consent means any freely given, specific, informed and unambiguous indication of the data subject’s wishes, in the form of a statement or another clear affirmative action, by which the data subject signifies agreement to the processing of personal data relating to him or her.
2. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
GustoMondial / smoke.ch
Dienerstrasse 29
8004 Zurich
Switzerland
E-mail: info@smoke.ch
Website: www.smoke.ch
3. Cookies
The websites of GustoMondial / smoke.ch use cookies. Cookies are text files that are placed and stored on a computer system via an Internet browser.
Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified by means of the unique cookie ID.
Through the use of cookies, GustoMondial / smoke.ch can provide the users of this website with more user-friendly services that would not be possible without setting cookies.
By means of a cookie, the information and offers on our website can be optimized for the user. As already mentioned, cookies allow us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his or her access data each time he or she visits the website, because this is handled by the website and the cookie stored on the user’s computer system. Another example is the shopping cart cookie in an online store: the online store uses a cookie to remember the items that a customer has placed in the virtual shopping cart.
The data subject can prevent our website from setting cookies at any time by means of an appropriate setting of the Internet browser used, and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, it may not be possible to use all functions of our website to their full extent.
4. Collection of general data and information
The website of GustoMondial / smoke.ch collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the subpages accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using this general data and information, GustoMondial / smoke.ch does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack. GustoMondial / smoke.ch therefore analyzes this anonymously collected data and information statistically on the one hand and, on the other, with the aim of increasing data protection and data security in our company, in order ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files are stored separately from all personal data provided by a data subject.
5. Registration on our website
The data subject has the option of registering on the controller’s website by providing personal data. Which personal data are transmitted to the controller in the process is determined by the input form used for registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the data to be transferred to one or more processors, for example a parcel service provider, which will likewise use the personal data exclusively for an internal purpose attributable to the controller.
When a data subject registers on the controller’s website, the IP address assigned by the data subject’s Internet service provider (ISP) and the date and time of registration are also stored. This data is stored because this is the only way to prevent misuse of our services and, where necessary, this data makes it possible to investigate criminal offenses that have been committed. In this respect, storing this data is necessary to safeguard the controller. As a matter of principle, this data is not passed on to third parties unless there is a legal obligation to do so or the transfer serves the purpose of criminal prosecution.
The registration of the data subject, with personal data provided voluntarily, enables the controller to offer the data subject content or services that, by their nature, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have it completely deleted from the controller’s database.
The controller shall provide any data subject at any time, upon request, with information about which personal data concerning the data subject are stored. Furthermore, the controller shall correct or delete personal data at the request or notification of the data subject, provided that this does not conflict with any statutory retention obligations. All of the controller’s employees are available to the data subject as contact persons in this context.
6. Contact via the website
Due to statutory provisions, the website of GustoMondial / smoke.ch contains information that enables quick electronic contact with our company and direct communication with us, including a general e-mail address. If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are stored automatically. Such personal data, transmitted voluntarily by a data subject to the controller, are stored for the purpose of processing the inquiry or contacting the data subject. These personal data are not passed on to third parties.
7. Data transfer when concluding a contract for the purchase and shipment of goods
Personal data are transmitted to third parties only if this is necessary for the performance of the contract. Third parties may be, for example, payment service providers or logistics companies. No further transmission of the data takes place unless you have expressly consented to it.
The legal basis for the data processing is Art. 6(1)(b) GDPR, which permits the processing of data for the performance of a contract or for pre-contractual measures.
8. Routine deletion and blocking of personal data
The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or where this has been provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or deleted in accordance with the statutory provisions.
9. Rights of the data subject
A) Right to confirmation
Every data subject has the right, granted by the European legislator, to obtain confirmation from the controller as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right to confirmation, he or she may contact an employee of the controller at any time.
B) Right of access
Every data subject has the right, granted by the European legislator, to obtain from the controller, at any time and free of charge, information about the personal data stored about him or her and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
- the purposes of the processing
- the categories of personal data concerned
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
- where possible, the envisaged period for which the personal data will be stored or, if this is not possible, the criteria used to determine that period
- the existence of the right to request from the controller rectification or erasure of personal data concerning him or her, or restriction of processing, or of the right to object to such processing
- the existence of the right to lodge a complaint with a supervisory authority
- where the personal data are not collected from the data subject: any available information as to their source
- the existence of automated decision-making, including profiling, referred to in Art. 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject
Furthermore, the data subject has the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. Where this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, he or she may contact an employee of the controller at any time.
C) Right to rectification
Every data subject has the right, granted by the European legislator, to obtain without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject also has the right to have incomplete personal data completed, including by means of a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may contact an employee of the controller at any time.
D) Right to erasure (right to be forgotten)
Every data subject has the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and insofar as the processing is not necessary:
- The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject withdraws the consent on which the processing is based pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(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 grounds 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 personal data must be erased to comply with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data were collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.
If one of the above grounds applies and a data subject wishes to request the erasure of personal data stored by GustoMondial / smoke.ch, he or she may contact an employee of the controller at any time. The employee of GustoMondial / smoke.ch will ensure that the erasure request is complied with without delay.
If GustoMondial / smoke.ch has made the personal data public and our company, as the controller, is obliged to erase the personal data pursuant to Art. 17(1) GDPR, GustoMondial / smoke.ch shall, taking into account the available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested those other controllers to erase all links to, or copies or replications of, these personal data, insofar as the processing is not necessary. The employee of GustoMondial / smoke.ch will arrange for the necessary steps in the individual case.
E) Right to restriction of processing
Every data subject has the right, granted by the European legislator, to obtain from the controller restriction of processing where 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 and 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 requires them for the establishment, exercise or defense of legal claims.
- The data subject has objected to processing pursuant to Art. 21(1) GDPR, and it has not yet been determined 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 GustoMondial / smoke.ch, he or she may contact an employee of the controller at any time. The employee of GustoMondial / smoke.ch will arrange for the restriction of processing.
F) Right to data portability
Every data subject has the right, granted by the European legislator, to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(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, in exercising his or her right to data portability pursuant to Art. 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 provided that this does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject may contact an employee of GustoMondial / smoke.ch at any time.
G) Right to object
Every data subject has the right, granted by the European legislator, to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.
In the event of an objection, GustoMondial / smoke.ch 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 the processing serves the establishment, exercise or defense of legal claims.
If GustoMondial / smoke.ch processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to GustoMondial / smoke.ch processing his or her data for direct marketing purposes, GustoMondial / smoke.ch will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to the processing of personal data concerning him or her carried out by GustoMondial / smoke.ch for scientific or historical research purposes or for statistical purposes pursuant to Art. 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 may contact any employee of GustoMondial / smoke.ch or another employee directly. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject is also free to exercise his or her right to object by automated means using technical specifications.
H) Automated individual decision-making, including profiling
Every data subject has the right, granted by the European legislator, 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, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is 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 (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, GustoMondial / smoke.ch shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including 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, he or she may contact an employee of the controller at any time.
I) Right to withdraw consent under data protection law
Every data subject has the right, granted by the European legislator, to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, he or she may contact an employee of the controller at any time.
10. Legal basis for processing
Art. 6(1)(a) GDPR serves as the legal basis for our company’s 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 party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Art. 6(1)(b) GDPR. The same applies to processing operations necessary for carrying out pre-contractual measures, for example in the case 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 for the fulfillment of tax obligations, the processing is based on Art. 6(1)(c) GDPR. In rare cases, the processing of personal data may become necessary to protect the 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 or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. The processing would then be based on Art. 6(1)(d) GDPR. Finally, processing operations may be based on Art. 6(1)(f) GDPR. This legal basis applies to processing operations not covered by any of the above legal bases 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 override it. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator, which considered that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2 GDPR).
11. Legitimate interests pursued by the controller or a third party
Where the processing of personal data is based on Art. 6(1)(f) GDPR, our legitimate interest is to conduct our business for the benefit of the well-being of all our employees and shareholders.
12. Period for which the personal data are stored
The criterion for the duration of storage of personal data is the respective statutory retention period. After this period has expired, the corresponding data are routinely deleted, provided they are no longer required for the performance or initiation of a contract.
13. Statutory or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information on the contracting party). In some cases, it may be necessary for the conclusion of a contract 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 providing 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.
14. Existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling.
Web analytics with PostHog
This website uses PostHog, a web analytics service by PostHog, Inc. All data is processed exclusively on servers in the European Union (Frankfurt). PostHog only becomes active after you have given consent via the cookie notice — without consent, no cookies are set and no usage data is collected. With your consent, PostHog collects pseudonymized information about how the website is used (pages visited, device type and browser, approximate location) and sets cookies with a lifetime of up to one year. Your choice is stored in the “smoke_consent” cookie. With your consent, PostHog may also create session recordings that reconstruct how you moved through the website; input fields are masked throughout, so address and payment details in particular are never recorded. You can withdraw your consent at any time via the “Cookie settings” link in the footer. Collection stops immediately and the notice reappears so you can decide again.
Web analytics with Google Analytics
We additionally use Google Analytics 4, a web analytics service provided by Google Ireland Limited (Ireland). Like PostHog, Google Analytics only becomes active after you have given your consent via the cookie notice — without consent the service is neither loaded nor are any cookies set. Once consent has been given, Google Analytics collects pseudonymized information about the use of the website (pages visited, source of the visit, device and browser, approximate location, and orders including order value) and sets cookies with a lifetime of up to two years for this purpose. Google Analytics 4 does not store IP addresses. Google’s advertising features are disabled. Data may be transferred to Google servers in the USA; Google LLC is certified under the Swiss-U.S. Data Privacy Framework. You can withdraw your consent at any time via the “Cookie settings” link in the footer.
Audience measurement with Vercel Web Analytics
To measure visitor numbers we use Vercel Web Analytics, provided by our hosting provider Vercel Inc. (USA). The service works without cookies and without cross-device identifiers: it records only aggregated information about the individual page view (page visited, referring page, country, device type and browser). No profiles are created and individual visitors are not identifiable to us. Because no information is stored in or read from your device for this purpose, the measurement takes place independently of your cookie choice, on the basis of our legitimate interest in a statistical evaluation of website use (Art. 6(1)(f) GDPR). Order numbers and access parameters are stripped from addresses before transmission.
Hosting (Vercel)
Our website is hosted by Vercel Inc. (USA) and delivered through its global content delivery network. When you access the website, Vercel processes technical connection data (in particular IP address, date and time of access, and browser and device information) in server log files. This processing is necessary for the secure and stable operation of the website. We have concluded a data processing agreement with Vercel; insofar as data is transferred to the USA, this takes place on the basis of the EU Standard Contractual Clauses.
Shop system and customer account
Orders, customer accounts and address data are processed in our shop system, which runs on infrastructure provided by Railway Corp. (USA). The data is stored exclusively on servers in the European Union (Netherlands). We process the details you provide when ordering or registering: name, delivery and billing address, e-mail address and your order history. We need this data to perform the contract; it is deleted once the statutory retention periods (generally ten years under the Swiss Code of Obligations) have expired. You can have your customer account deleted at any time.
Payment processing (micropayment)
Payment is made via the secure payment window of our payment service provider micropayment GmbH (Germany). When you pay, the amount, the currency, an order reference and your e-mail address are transmitted to micropayment. You enter your card details directly with the payment service provider; they are never processed or stored on our servers. The legal basis for this processing is the performance of the contract (Art. 6(1)(b) GDPR).
Transactional e-mails (Resend)
We use the service Resend (Resend, Inc., USA) to send transactional e-mails (e.g. order and registration confirmations, password resets). For this purpose, your e-mail address, your name and the order or account information required for the respective e-mail are transmitted to Resend. We have concluded a data processing agreement with Resend on the basis of the EU Standard Contractual Clauses. We only send promotional e-mails with your express consent.
Newsletter
You can subscribe to our newsletter (“The Humidor Letter”) on our website. We use the double opt-in process: after signing up you receive an e-mail with a confirmation link, and your e-mail address is only added to our mailing list once you click it. The mailing list is stored with our e-mail service provider Resend (Resend, Inc., USA); we have concluded a data processing agreement with Resend based on the EU Standard Contractual Clauses. Your e-mail address is used exclusively to send the newsletter and is not passed on to third parties. The legal basis for the processing is your consent (Art. 6(1)(a) GDPR). You can unsubscribe at any time via the link at the end of every issue or by e-mailing info@smoke.ch; your address will then be deleted from the mailing list.
Overview of the cookies we use
Our website only uses a small number of cookies, most of which are technically necessary:
- “smoke_age_ok” — stores your confirmation of the age check (lifetime: one year).
- “smoke_consent” — stores your decision on the analytics cookie notice (lifetime: one year).
- “_smoke_cart_id” — links your browser to your shopping cart (lifetime: 30 days).
- “_smoke_customer_token” — keeps you signed in to your customer account (lifetime: 30 days).
- PostHog cookies (“ph_…”) — only after you have given consent, see the section “Web analytics with PostHog” (lifetime: up to one year).
- Google Analytics cookies (“_ga”, “_ga_…”) — only after you have given consent, see the section “Web analytics with Google Analytics” (lifetime: up to two years).
In addition, the website stores your recently viewed products exclusively locally in your browser (local storage); this information is not transmitted to us.
Swiss data protection law
Insofar as our data processing is subject to the Swiss Federal Act on Data Protection (FADP), the information provided above applies accordingly; you are also entitled under the FADP to the data subject rights described in this privacy policy.