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Privacy Policy & Cookies

Privacy policy regarding the processing of personal data

Ensuring the right to the protection of personal data is a fundamental responsibility of Babygadget. Therefore, we make every effort and spare no resources to process your data in full compliance with Regulation (EU) 2016/679 ("General Data Protection Regulation" or "GDPR"), as well as other applicable provisions on the protection of personal data. One of the basic rules of the GDPR is transparency. That is why we have prepared this document, which helps us to inform you how we collect, use, transmit and protect your personal data when contacting us and in connection with our products and services provided through our website or as part of applications installed on mobile devices.

We reserve the right to periodically update and modify this Privacy Policy to reflect any changes in the processing of personal data or changes in the law. In the event of a change, we will inform you about it and place it on our website.

What categories of personal data do we process?

We collect personal data directly from you, which is why you control and decide what information you want to provide us. We receive the following information from you:

  • When you create an account on the Babygadget platform, you send us your e-mail address, name, and surname;

  • After creating an account, you can add additional information to your personal page (My Account) on the Babygadget trading platform, such as phone number, alternative number, date of birth, delivery address, alternative delivery address;

  • When placing an order, you provide us with information such as ordered product, delivery address, invoice details, payment method, contact phone number, contact person, e-mail address;

We can also collect and then process information about your behavior while browsing our website/using applications installed on mobile devices to personalize your use of the Internet and submit offers tailored to your profile. We encourage you to familiarize yourself with further details in this respect, presented below in the section on the purposes of processing.

On our website / as part of a mobile application, we may store and collect information using cookie files and similar technologies in accordance with the Cookie Policy (please see our Cookie’s Policy below)

We do not collect or process sensitive data, referred to in the General Data Protection Regulation, like specific categories of personal data. We also do not want to collect or process data of minors under the age of 16.

What are the goals and basics of personal data processing?

 

We use your personal information for the following purposes:  

1. It is necessary to perform the contract concluded with you, including  • Creating and managing the account as part of the Babygadget trading platform;• Processing of orders, including service, verification, shipment of goods and invoicing;• Handling orders cancellation and solving issues related to orders, with purchased goods or services;• Return of goods in accordance with the law;• Return of the value of goods in accordance with the law;• Providing support services, including answering questions about Babygadget orders or goods  

The processing of your personal data for these purposes is necessary for the conclusion and performance of the contract between Babygadget and you. In addition, the law requires us to process your data for tax and accounting purposes. 

2. To improve our services.

We always want to offer you the best experience with online shopping. For this purpose, we may collect and use information about your purchase behavior. We can invite you to complete surveys regarding your satisfaction with the contract. We can conduct, directly or with the help of partners, research and analysis in terms of the functionality of our trading platform, improve the operation of services or estimate the main interests and needs of buyers and their shopping habits. We base these actions on our legitimate interest in conducting business, always ensuring that they do not violate fundamental rights and freedoms. 3. For marketing purposes. We want to inform you about the best offers of products that interest you. This means that we can send you general and thematic newsletters via electronic communication channels (e-mail / SMS / mobile push/web push / etc.), information about similar or complementary products to those you have purchased or other similar commercial messages, as well as display personalized recommendations on the website / share as part of the applications installed on mobile devices. In order to be able to provide interesting information for you, we can use the data about your purchase behavior (eg products viewed/added to the wish list / purchased) to create a profile. We always assure you that such processing takes place with respect for your rights and freedoms, and decisions made on this basis have no legal effect and do not affect you in any other similar way to a significant degree. We add our marketing communication to your prior consent. You can change your mind and withdraw your consent at any time by  • Changing customer account settings in the "My subscriptions" section; • Clicking on the unsubscribe link displayed in messages received from us; or through • Contact Babygadget using the email address shop@babygadget.ch  In some situations, we can base our marketing activities on our legitimate interest in the promotion and development of our commercial activities. In every situation where we use information about you for our legitimate interest, we take care and take the necessary measures to ensure that your fundamental rights and freedoms are not violated. You may, at any time, in the manner described above, request that we stop processing your personal data for marketing purposes and we will respond to your request as soon as possible. 

4. To defend our legitimate interests

There may be situations in which we will use or send information to protect our rights and commercial activities. They can be: • Measures to protect the website/application for mobile devices and users of the Babygadget platform against cyber attacks:• Measures to prevent fraud detection, including the transmission of information to competent public authorities;• Measures taken as part of managing various other types of risk.  The reason for such processing is our legitimate interest in defending our commercial activities, and we ensure that all measures taken by us guarantee a balance between our interests and your fundamental rights and freedoms. In addition, in some cases, our processing is based on legal provisions such as the obligation to secure the goods and values ​​provided for in applicable law. 

How long do we keep your personal data?

As a rule, we store your personal data as long as you have a Babygadget account. You can ask us to delete information or close your account at any time, and we will respond to such request, subject to certain information, including after the account has been closed, in cases where it will be necessary in the light of applicable law or legitimate interests, e.g. in connection with the pursuit of claims, in connection with the performance of a contract or performance of obligations under the law, including in particular tax and accounting obligations.  

Who do we share your personal information with?

We may transfer or share some of your personal data with the following categories of recipients: • courier service providers;• IT service providers;• marketing/telemarketing service providers;• market research services providers;• payment/banking service providers;• insurance companies;• partners with whom we can develop joint marketing programs for our goods and services. Currently, we share your personal information with Shopify, PayPal, Mailchimp and Stripe.


Shopify privacy policy you can find here: https://www.shopify.com/legal/privacy ; Stripe policy: https://stripe.com/privacy-shield-policy, PayPal: https://www.paypal.com/ch/webapps/mpp/ua/privacy-full?locale.x=en_CH ; Mailchimp: https://mailchimp.com/legal/privacy/

If we are required by law or it is necessary to protect our legitimate interests, we may disclose personal data to public authorities. We ensure that access by third parties - private legal persons - to your data is carried out in accordance with the law on data protection and confidentiality of information, based on agreements concluded with them. 

To which countries we transfer your personal data? 

We are currently storing and processing your personal data in Switzerland (our store is located in Switzerland) and in the United Stated (Shopify's, Mailchimp's, Paypal's and Stripe's servers are located in the US). 

How do we protect the security of your personal data? 

We are committed to ensuring the security of personal data by implementing appropriate technical and organizational measures in accordance with industry standards. We store your personal data on secure servers using the most modern encryption algorithms and ensure memory redundancy. We use the services of the Paypal or Stripe payment processor to process payments. All payment information is encrypted using SSL technology. Despite the steps taken to protect your personal data, we would like to point out that the transmission of information via the Internet generally or through other public networks is not completely secure and involves the risk that the data may be visible and used by unauthorized third parties. We can not be held responsible for vulnerabilities in systems that we can not control. 

What are your rights? 

The General Data Protection Regulation grants a number of rights to your personal data. You can request access to your data, correct errors in our files or object to the processing of your personal data. You can also use the right to submit a complaint to the appropriate supervisory authority or to the court. You also have the right to request the deletion of your personal data, the right to limit the processing of your data and to transfer them. You can find more information about each of these rights below. In order to exercise your rights, you can contact us. If you want to use your rights, please note the following: Identity. We seriously treat the confidentiality of all records containing personal data. We reserve the right to verify your identity by requesting additional information to confirm it. Charges. We will not charge you for the use of any rights with respect to your personal information unless your request for access to information is unfounded, repetitive, or excessive. In this case, we may charge you an appropriate fee, including administrative costs of providing information, conducting communication or taking the required actions. We will inform you about the fees before considering your request. Response time. We will respond to requests within 2 weeks, unless the matter is very complicated or if we consider a few of your applications, then we will respond to them within no more than one month. We will notify you if we need more than a month. We may ask you to provide additional information about your application. This will help us work faster and reduce the response time to your request. Rights of third parties. We are not obliged to consider the application if it has a negative impact on the rights and freedoms of third parties to whom the data relates. 

Your rights:

1. Access: you can apply to us:• to confirm that we process your personal data,• to provide a copy of this data,• to provide you with other information regarding your personal data, such as personal data that we possess, how we use it, to whom we share it, whether we transfer it abroad and how we protect it, how long we keep, what rights do you have to file a complaint, where we have obtained your information to the extent that this information has not yet been provided to you by this notice. 

2. Correction: you can ask us to correct personal data when your data is incorrect or incomplete. We may want to verify the accuracy of the data before correcting it.  

3. Data deletion: you can ask us to delete your personal data in the following cases:• they are no longer necessary for the purposes for which they were collected; or• you have withdrawn your consent (if the data processing is based on your consent); or• you exercise your right to object or• the data has been processed unlawfully, or• there is a legal obligation in this area. We are not obliged to comply with a request to delete personal data if it is necessary to process it:• in order to fulfill a legal obligation; or• in order to bring, enforce or defend a legal claim. Please note that before using this right, you must download the Babygadget account and keep all documents related to orders placed in Babygadget, regardless of whether the invoice has been issued to you or to another person or entity. If you do not do this before exercising your right of removal, you will lose access to the documents and Babygadget will not be able to transfer them again, because the process of deleting data and deleting the Babygadget account with all data and documents associated with it is an irreversible process.

4. Limitation of data processing

You can ask us to restrict the processing of personal data, but only if:

  • their correctness is questioned (see the "Rectification" section) so that we can verify it, or

  • data processing is unlawful, but you do not want these data to be deleted, or

  • they are no longer needed for the purposes for which they were collected, but we still need to establish, implement or defend legal claims; or

  • you have exercised the right to object and expect to check the relevant reasons. We may still use your personal data as a result of a restriction request if:

  • we have your consent; or

  • to establish, enforce or defend claims before a court; or

  • to protect the rights of another natural or legal person.  

5. Transfer of personal data

You can ask us to provide your personal information in a structured, commonly used machine-readable format, or you can ask to "transfer" them directly to another data controller, but only if

  • data processing takes place with your consent or on the basis of the contract concluded with you; and

  • processing is carried out in an automated manner.

 6. Opposition

You may, at any time, for reasons related to your situation, object to the processing of your personal data, whose legal basis is "our legitimate interests" if you believe that your fundamental rights and freedoms exceed our legitimate interests.

You can also object to the processing of your data for direct marketing purposes (including profiling) at any time without giving a reason, in which case we will stop processing this data as soon as possible.

 7. Automated decision making

You can apply to not be the subject of decisions based solely on the automated processing of data, but only if the decision made:

  • has legal consequences for you; or

  • it has a significant impact on you.

 This right does not apply if the decision:

  • it is necessary for us to conclude or perform a contract with you; or

  • is permitted by law and there are adequate guarantees of your rights and freedoms; or

  • is based on your explicit consent.

8. Complaints: you have the right to submit complaints to the supervisory body regarding the processing of your personal data. In Switzerland, the contact details of the data protection supervisory authority are as follows: 

Eidgenössischer Datenschutz- und Öffentlichkeitsbeauftragter
Feldeggweg 1
CH - 3003 Bern
Telefon: +41 (0)58 462 43 95 
Telefax: +41 (0)58 465 99 96 

Without prejudice to your right to communicate with the supervisory authority at any time, please contact us in advance, and we promise that we will do our best to resolve any issues amicably. 

 

The rules of using cookies and similar technologies 

  1. This policy applies to cookies and similar technologies used on websites and applications served by Babygadget KlG, Farmanstrasse 39, 8152 Glattpark/Opfikon (hereinafter referred to as Babygadget).

Cookies are used for the following purposes:

- running a website,
- analysis of website users' behavior,
- advertising.  
  1. What are cookies?

A cookie is a small file containing a string of letters and numbers, stored on a computer, a mobile terminal or other user's device using the Internet. The cookie file is installed on demand sent by the user terminal to the Babygadget server or to a third party server. 

  1. What are the cookies for?

These files make possible in particular to recognize the user terminal and present the content in an appropriate manner, adapted to the user's preferences. Cookies provide users with convenience when browsing and support Babygadget activities to provide more user-friendly services, such as  - online privacy preferences, shopping cart or relevant advertising. They are also used to prepare aggregated anonymous statistics that help us understand how the user uses our websites, which allows us to improve their structure and content, not allowing us to identify it. 

  1. What kind of cookies do we use?

We use two types of cookies: per session and fixed. Cookies per session are temporary files that remain in the user terminal until the end of the session or until the application is closed. Persistent cookies remain on the user's terminal for a period of time determined by cookie parameters or until they are manually deleted by the user. 

  1. How cookies are used by Babygadget site?

During the visit to this site, the following types of cookies may be saved:

  • Cookies required for the website to operate

  • Cookies for analytical purposes

  • Cookies for advertising purposes

 Cookies and/or similar technologies are necessary for the proper functioning of the website, they are saved in your device when you access the site or when you take action on it, as the case may be. You can set the browser to block cookies, but in this case, some sections of the site will not work properly.

  1. Do cookies or similar technologies contain personal data?

Cookies or similar technologies do not themselves use personal information in their own right, and in many cases do not identify Internet users. However, there are situations in which personal data may be collected via cookies in order to provide certain functions to the user or to provide him with the convenience and adaptation of the site to his preferences. Such data is encrypted in a way that prevents unauthorized access to them. 

What does "similar technologies" mean? 

There are other technologies that can be used for the same purposes as cookies. Babygadget uses Local Storage as similar technology. 

  1. Blocking cookies

If you want to block cookies, some website functions will be stopped, and this may cause errors or errors in the use of our website. For example, blocking cookies may prevent you from: 

  • online shopping
  • logging into your user account 

If you agree to these restrictions and want to block cookies, please change the settings in the web browser you are using. 

Most browsers accept cookies by default, but you can change the settings to block some or all cookies. 

  1. Management of preferences regarding the placement of cookies

As a rule, the application used to access websites by default allows you to save cookies and/or similar technologies on your device. These settings can be changed so that automatic cookie management is blocked by a web browser or that the user is informed each time cookies are sent to his device. Detailed information on the possibilities and ways to manage cookie files can be found in the area of ​​application settings (web browser). Limiting the use of cookies may affect some of the functions of the website. 

  1. Why cookies or similar technologies are important on the Internet?

Cookies and similar technologies are the focal points of the effective operation of the Internet, helping in a convenient and adapted to the preferences and interests of each user using the network. By refusing or disabling cookies, you may be prevented from using certain pages or parts of them. 

Disabling cookies does not mean that you will not receive (respecting the right) online advertisements - only that the website will no longer be able to preserve your preferences and interests when browsing.

Examples of important uses of cookies (which do not require user authentication through the account): 

  • Content and services tailored to your preferences - product categories and services.

  • Offers tailored to the user's interests

  • Remembering the password

  • Save the settings for filtering content intended for children (family mode options, secure search functions).

  • Limiting the frequency of advertising - limit the number of impressions of one ad for a specific user on the site.

  • Providing the right advertisement for the user.

  • Measurement, optimization, and adaptation of analytical functions - such as confirmation of a certain level of traffic on the website, the type of content displayed and the way in which the user reaches the website (eg from a search engine, directly, from other websites, etc.). The parties carry out these analyzes in order to improve the quality of services. 

  1. Security and confidentiality issues

As a rule, browsers have integrated privacy settings that provide different levels of acceptance of cookies, their validity and automatic removal after visiting a given website. 

Other security issues related to cookie files: 

  • Customizing browser settings for cookies to reflect the level of security for cookies that is convenient for you.

  • If you are the only user of your computer, you can set, if you want, a long period of storage of your browsing history and access data.

  • If you share a computer with other people, you may consider setting your browser to delete browsing data every time you close your browser. It is a way of accessing sites that place cookies and remove any information about visits after the end of the browsing session. 

  1. Useful links and additional information

If you want to learn more about cookies and what they are used for, we recommend the following links:

https://support.microsoft.com/en-us/help/260971/description-of-cookies

http://www.allaboutcookies.org/