We are very pleased about your interest in our company. Data protection is of a particularly high priority for the management of GustoMondial / smoke.ch. The use of the GustoMondial / smoke.ch website is possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise 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.
As the controller, the GustoMondial / smoke.ch has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always have security gaps, so that 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.
A) PERSONAL DATA
Personal data is 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) PERSON CONCERNED
Data subject is any identified or identifiable natural person whose personal data are processed by the controller.
Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, 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 is the marking of stored personal data with the aim of limiting their future processing.
- E) PROFILING
Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person’s job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.
Pseudonymization is the processing of personal data in such a way 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 separate and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
G) PERSON RESPONSIBLE OR IN CHARGE OF PROCESSING
Controller or data controller is 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 designation may be provided for under Union or Member State law.
H) CONTRACT PROCESSORS
Processor means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the Controller.
Recipient means a natural or legal person, public authority, agency or other body to whom Personal Data is disclosed, whether or not a third party. However, authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law are not considered recipients.
Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.
Consent shall mean any freely given indication of the data subject’s wishes for the specific case in an informed and unambiguous manner in the form of a statement or any other unambiguous affirmative act by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.
- NAME AND ADDRESS OF THE PERSON RESPONSIBLE FOR PROCESSING
The responsible party 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
E-mail: [email protected]
The data subject can prevent the setting of cookies by our website 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, not all functions of our website may be fully usable.
- COLLECTION OF GENERAL DATA AND INFORMATION
The website of the GustoMondial / smoke.ch collects a series of general data and information with each call-up of the website by a data subject or automated system. This general data and information is stored in the server’s log files. The following data 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 accesses our website (so-called referrer), (4) the sub-websites that are 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 these general data and information, the GustoMondial / smoke.ch does not draw any conclusions about the data subject. This information is rather required in order to (1) correctly deliver the contents of our website, (2) optimize the contents of our website as well as the advertising for these, (3) ensure the permanent functionality of our information technology systems and the technology of our website as well as (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. The GustoMondial / smoke.ch therefore analyzes anonymously collected data and information on one hand, and on the other hand, with the aim of increasing the data protection and data security of our enterprise, in order to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
- REGISTRATION ON OUR WEBSITE
The data subject has the possibility to register on the website of the controller by providing personal data. Which personal data is transmitted to the data controller in the process results from the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for the controller’s own purposes. The controller may arrange for the transfer to one or more processors, for example a parcel service provider, who will also use the personal data exclusively for an internal use attributable to the controller.
By registering on the website of the controller, the IP address assigned by the Internet service provider (ISP) of the data subject, the date and the time of registration are also stored. The storage of this data takes place against the background that only in this way can the misuse of our services be prevented and, if necessary, this data makes it possible to clarify crimes that have been committed. In this respect, the storage of this data is necessary for the protection of the controller. As a matter of principle, this data is not passed on to third parties unless there is a legal obligation to pass it on or the passing on serves the purpose of criminal prosecution.
The registration of the data subject by voluntarily providing personal data serves the purpose of the controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have it completely deleted from the data stock of the controller.
The controller shall provide any data subject at any time, upon request, with information about what personal data is stored about the data subject. Furthermore, the controller shall correct or delete personal data at the request or indication of the data subject, provided that this does not conflict with any statutory retention obligations. The entire staff of the controller shall be available to the data subject as contact persons in this context.
- CONTACT POSSIBILITY VIA THE INTERNET SITE
The website of GustoMondial / smoke.ch contains legal information that enables a quick electronic contact to our company as well as direct communication with us, which also includes a general address of the so-called electronic mail (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 will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.
- DATA TRANSMISSION UPON CONCLUSION OF A CONTRACT FOR THE PURCHASE AND SHIPMENT OF GOODS
Personal data will only be transmitted to third parties if it is necessary for the execution of the contract. Third parties can be, for example, payment service providers or logistics companies. A further transmission of the data does not take place or only if you have expressly agreed to it.
The basis for the data processing is Art. 6 para. 1 lit. b DSGVO, which permits the processing of data for the performance of a contract or pre-contractual measures.
- ROUTINE DELETION AND BLOCKING OF PERSONAL DATA
The controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other 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 Directive and Regulation or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
- RIGHTS OF THE PERSON CONCERNED
- A) RIGHT TO CONFIRMATION
Every data subject has the right, granted by the European Directive and Regulation, to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the controller.
B) RIGHT TO INFORMATION
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, 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 that information. Furthermore, the European Directive and Regulation legislator has granted the data subject access to the following information:
- the processing purposes
- the categories of personal data that are processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations
- 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 obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or a right 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 about 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 for the data subjectFurther, the data subject shall have the right to obtain information about 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 safeguards in connection with the transfer.If a data subject wishes to exercise this right of access, he or she may, at any time, contact any employee of the controller.
- C) RIGHT OF RECTIFICATION
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to request the immediate rectification of any 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 – also by means of a supplementary declaration.
If a data subject wishes to exercise this right to rectify, he or she may, at any time, contact any employee of the controller.
D) RIGHT TO ERASURE (RIGHT TO BE FORGOTTEN)
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following reasons 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 revokes the consent on which the processing is based pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2(a) DS-GVO and there is no other legal basis for the processing.
- The data subject shall, pursuant to Art. 21 para. 1 DS-GVO, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (1) DS-GVO. 2 DS-GVO to object to the processing.
- The personal data have been processed unlawfully.
- The deletion of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data was collected in relation to information society services offered pursuant to Art. 8 para. If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by the GustoMondial / smoke.ch, he or she may, at any time, contact any employee of the controller. The employee of GustoMondial / smoke.ch will arrange for the deletion request to be complied with immediately. If the personal data has been made public by GustoMondial / smoke.ch and our company is responsible pursuant to Art. 17 Para. 1 DS-GVO to erase personal data, GustoMondial / smoke.ch shall, taking into account the available technology and the cost of implementation, implement reasonable measures, including technical measures, to inform other data controllers which process the published personal data, that the data subject has requested from those other data controllers to erase all links to the personal data or copies or replications of the personal data, unless the processing is necessary. The employee of GustoMondial / smoke.ch will arrange the necessary in individual cases.
E) RIGHT TO RESTRICT PROCESSING
Any person concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, to obtain from the controller the restriction of processing where one of the following 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 objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
- The controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the assertion, exercise or defense of legal claims.
- The data subject has objected to the processing pursuant to. Art. 21 par. 1 DS-GVO and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the GustoMondial / smoke.ch, he or she may, at any time, contact any employee of the controller. The employee of GustoMondial / smoke.ch will arrange the restriction of the processing.
F) RIGHT TO DATA PORTABILITY
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to receive the personal data concerning him or her, which has been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. She also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO or on a contract pursuant to Art. 6 para. 1(b) of the 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 his or her right to data portability pursuant to Art. 20 para. 1 DS-GVO the right to obtain that the personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and insofar as this does not adversely affect the rights and freedoms of other persons.
In order to assert the right to data portability, the data subject may at any time contact any employee of the GustoMondial / smoke.ch.
G) RIGHT TO OBJECT
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation-maker, 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 carried out on the basis of Art. 6 para. 1 letters e or f DS-GVO. This also applies to profiling based on these provisions.
The GustoMondial / smoke.ch shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defense of legal claims.
If the GustoMondial / smoke.ch processes personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to profiling, insofar as it is associated with such direct advertising. If the data subject objects to the GustoMondial / smoke.ch to the processing for direct marketing purposes, the 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 processing of personal data concerning him or her which is carried out by the GustoMondial / smoke.ch for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89 Para. 1 DS-GVO, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right to object, the data subject may directly contact any employee of the GustoMondial / smoke.ch or another employee. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise his or her right to object by means of automated procedures using technical specifications.
H) AUTOMATED DECISIONS IN INDIVIDUAL CASES INCLUDING PROFILIN
Any data subject concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, 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 permitted by Union or Member State law to which the controller is subject and that law contains 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 data controller, or (2) if it is made with the data subject’s explicit consent, the GustoMondial / smoke.ch shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to obtain the data subject’s intervention on behalf of the controller, to express his or her point of view and to contest the decision.
If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.
I) RIGHT TO REVOKE CONSENT UNDER DATA PROTECTION LAW
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the controller.
The controller has integrated components of SIX Saferpay on this website. SIX Saferpay is an online payment service provider for the payment of merchandise purchases and sales with credit cards.
The GustoMondial / smoke.ch website does not process these payment processes, but opens SIX Saferpay websites for the payment process. In the GustoMondial / smoke.ch store system, therefore, no credit card data or account information is stored, only the processing note from SIX Saferpay, whether the online payment was successful or not.
The applicable data protection provisions of SIX Saferpay can be found at https://www.six-payment-services.com/de/services/legal/privacy-statement.html .
- LEGAL BASIS OF THE PROCESSING
Art. 6 I lit. a DS-GVO serves our company as the legal basis for processing operations in 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 any other service 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 by which the processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data might 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 to be injured on our premises and as a result 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. Then the processing would be based on Art. 6 I lit. d DS-GVO are based. Ultimately, processing operations could be based on Art. 6 I lit. f DS-GVO are based. Processing operations not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, he considered that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, second sentence, GDPR).
- LEGITIMATE INTERESTS IN PROCESSING PURSUED BY THE CONTROLLER OR A THIRD PARTY
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the conduct of our business for the benefit of the well-being of all our employees and our shareholders.
- DURATION FOR WHICH THE PERSONAL DATA ARE STORED
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the deadline, the corresponding data will be routinely deleted, provided that they are no longer required for the fulfillment or initiation of the contract.
- LEGAL 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 inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide 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 by the data subject, 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.
Use of Google Analytics
We use Google Analytics to analyze website usage. The data obtained from this is used to optimize our website and advertising measures.
Google Analytics is provided to us by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). Google processes website usage data on our behalf and is contractually committed to measures to ensure the security and confidentiality of the data processed.
During your visit to the website, the following data, among others, is recorded:
- Pages called
- Orders incl. of sales and products ordered
- The achievement of “website goals” (e.g. contact requests and newsletter sign-ups)
- Your behavior on the pages (for example, dwell time, clicks, scrolling behavior)
- Your approximate location (country and city)
- Your IP address (in shortened form, so that no clear assignment is possible)
- Technical information such as browser, Internet provider, terminal device and screen resolution
- Source of origin of your visit (i.e. via which website or via which advertising medium you came to us)
No personal data such as name, address or contact details are ever transferred to Google Analytics.
This data is transferred to Google servers in the USA. We would like to point out that, under data protection law, the same level of protection cannot be guaranteed in the USA as within the EU.
Google Analytics stores cookies in your web browser for a period of two years since your last visit. These cookies contain a randomly generated user ID, with which you can be recognized on future website visits.
The recorded data is stored together with the randomly generated user ID, which enables the evaluation of pseudonymous user profiles. This user-related data is automatically deleted after 14 months. Other data remains stored in aggregated form indefinitely.
If you do not agree with the collection, you can prevent it with the one-time installation of the browser add-on to disableGoogle Analytics or by rejecting cookies via our cookie settings dialog.