Data protection

Privacy Statement

I. GENERAL PROVISIONS

Principle

The protection of our customers’ privacy is very important to BIJOUTIL. Hereinafter, we set out the principles we follow and for what purpose we collect and process personal data (information that determines your identity or allows us to identify you: referred to hereinafter also as “website”) operated by BIJOUTIL.

We collect and process your personal data carefully, only for the purposes described in this Privacy Statement and only to the extent necessary as defined therein and within the scope of the applicable legal regulations. We only store your personal data to the extent and as long as it is required for the performance of our services or as we are legally obligated.

Personal data means any information relating to an identified or identifiable individual.

If you provide us with personal data of other persons (e.g. family members, data of work colleagues), please make sure that these persons are aware of this privacy policy and only share their personal data with us if you are allowed to do so and if this personal data is correct.

This Privacy Policy is designed to meet the requirements of the EU General Data Protection Regulation ("GDPR"), the Swiss Data Protection Act ("DPA") and the revised Swiss Data Protection Act ("revDSG"). However, whether and to what extent these laws are applicable depends on the individual case.

Under section I you will find the general data protection information, under section II the provisions with regard to data processing in connection with a shop order and under III there are further instances where data processing is uses.

Use of the website and cookies

You can visit the website and obtain information about our offers without disclosing personal data. We only request personal data where required for the performance of our own services and for the processing of transactions that you carry out with BIJOUTIL.

When you access our website, our system automatically records technical information about the computer accessing it. The data collected is information about the browser type and the version used, the operating system, the internet provider and the IP address of the user, the date and time of access, the websites from which the user’s system obtains access to our website, and the websites accessed by the user’s system via our website.

BIJOUTIL uses so-called browser cookies to make it easier to use the BIJOUTIL website, and other websites and applications operated by BIJOUTIL, and to obtain ideas for improving the information and services accessible via the website. This analysis is carried out anonymously, i.e. without reference to personal data. In our Cookie Policy, we inform you about the use of cookies and analytical services on the BIJOUTIL website.

Cookies & Social Media

As part of the use of social media on the website, such as the Facebook Share button, cookies from these third parties can also be set. Please refer the guidelines for data protection of these providers to the respective information of the operator, here are the most important:

- Facebook: https://www.facebook.com/policies/cookies/
- Instagram: https://www.facebook.com/policies/cookies/
- Google+: https://ww.google.com/intl./de/+/policy/+1button.html

Storage of customer data

For accounting reasons, BIJOUTIL generally stores the personal data collected from customers for processing orders for 10 years after the last processing operation. We store other data as long as is necessary for the execution of the contract and to safeguard our rights. We reserve the right to apply longer statutory and operational storage requirements and reasons.

Personal data collected for marketing activities is generally deleted as soon as the purpose of the activity has been met.

Data security

We protect your personal data by means of appropriate technical and organisational security measures and store it solely on our secure servers. The website is secured against loss, destruction and manipulation by means of customary measures in accordance with the state of the art and against access, modification or distribution by unauthorised persons. Especially sensitive data (e.g. access data for your profile account) is encrypted during transmission via the internet (SSL).
However, BIJOUTIL does not assume any guarantee for the security of your data. It is your responsibility to make an up-to-date back-up of the transferred data at all times and store it separately from the website. You are also responsible for creating a secure password for your customer account, keeping it safe and changing it on regular basis.

Rights of customers

You have the right to information, correction, deletion and transferability of your data. Furthermore, you have the right to restrict processing.

Paragraph "retention of customer data" and other statutory exceptions are reserved.

You have the right to object to the processing of your personal data. An objection only has future effect and does not affect the previous processing. If, on account of the objection, BIJOUTIL is no longer able to perform the services contractually agreed with you, the objection is deemed to be a breach of contract by the customer and BIJOUTIL has the right to terminate its contract with you without notice. Payment obligations already contractually entered into by the customer remain in force.

For the assertion of these rights, you can contact BIJOUTIL at the address given in paragraph "Contact".

If BIJOUTIL does not comply with the applicable data protection law, you have the right to file a complaint directed at the competent regulatory authority.

Contact

If you have any questions about this Privacy Statement or regarding data protection at BIJOUTIL, please contact:

BIJOUTIL LTD
Corporate Data Protection Officer
P.O. Box
4123 Allschwil
Switzerland
m.wagner@bijoutil.ch

Updates

We review our Privacy Statement regularly and update it as required. We will inform you of any important changes (e.g. on our website).

II. PROCESSING OF PERSONAL DATA RELATED TO CONTRACTING

Collection and processing of personal data

We primarily process personal data that we receive from our customers and other business partners in the course of our business relationship with them and other persons involved or that we collect from their users when operating our websites, apps and other applications.

To the extent permitted, we also take certain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, Internet) or receive such data from other companies, public authorities and other third parties (such as credit agencies, address dealers). In addition to the data about you that you give us directly, the categories of personal data that we receive about you from third parties include, in particular, data from public registers, data that we learn in connection with official and legal proceedings, data in connection with your professional functions and activities (so that we can, for example, conclude transactions with your employer with your help), and data that we obtain from you in connection with your employment. (e.g. so that we can conclude and process transactions with your employer with your help), information about you in correspondence and meetings with third parties, creditworthiness information (insofar as we process transactions with you personally), information about you which people close to you (family, advisors, legal representatives, etc.) give us so that we can conclude or process contracts with you or involving you (e.g. references, your address for deliveries, full details of your creditworthiness). (e.g. references, your address for deliveries, powers of attorney, information on compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners of ours on the utilisation or provision of services by you (e.g. payments made, purchases made)), information from the media and Internet on your person (insofar as this is appropriate in the specific case, e.g. in the context of a job application, press release, etc.). e.g. in the context of an application, press review, marketing/sales, etc.), your addresses and, if applicable, interests and other socio-demographic data (for marketing), data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, details of your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring website, location details).

Purpose of data processing

BIJOUTIL processes the personal data of its customers for the purpose of order processing, which includes in particular:

• orders,
• inquiries,
• cancellation,
• communication with the customer in relation to order processing,
• Improvement of offers of BIJOUTIL
• Securing payment transactions

We use the personal data we collect primarily to conclude and process our contracts with our customers and business partners, so in particular in the context of order processing with our customers and the purchase of products and services from our suppliers and subcontractors, as well as to comply with our legal obligations at home and abroad. If you work for such a customer or business partner, your personal data may of course also be affected in this capacity.

In addition, we process personal data of you and other persons, insofar as permitted and it appears to us to be appropriate, also for the following purposes, in which we (and sometimes also third parties) have a legitimate interest corresponding to the purpose:

Offer and further development of our offers, services and websites, apps and other platforms on which we are present;
Communicating with third parties and processing their enquiries (e.g. applications, media enquiries);
Testing and optimisation of procedures for needs analysis for the purpose of direct customer contact as well as collection of personal data from publicly accessible sources for the purpose of customer acquisition;
Advertising and marketing (including the organisation of events), insofar as you have not objected to the use of your data (if we send you advertising from us as an existing customer, you can object to this at any time, we will then put you on a blocking list against further advertising mailings);
Market and opinion research, media monitoring;
Assertion of legal claims and defence in connection with legal disputes and official proceedings;
Prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
Guarantees of our operations, in particular IT, our websites, apps and other platforms;
Video surveillance to maintain house rules and other measures for IT, building and facility security and protection of our employees and other persons and assets belonging to or entrusted to us (such as access controls, visitor lists, network and mail scanners, telephone records);
purchase and sale of business units, companies or parts of companies and other transactions under company law and the associated transfer of personal data as well as measures for business management and insofar as to comply with legal and regulatory obligations as well as internal regulations of BIJOUTIL AG.

As far as you have given us consent to process your personal data for certain purposes (for example, when you register to receive newsletters or carry out a background check), we process your personal data within the scope of and based on this consent, insofar as we have no other legal basis and we require such a basis. Consent given can be revoked at any time, but this has no effect on data processing that has already taken place.

Investigative activities

BIJOUTIL is obligated to share your personal data with criminal prosecution, administrative or judicial authorities in Switzerland and abroad in case they require its disclosure for the prevention or prosecution of crimes, misdemeanours, or comparable administrative misconduct. Such a transfer is only performed if based on legal or regulatory requirements.

Credit assessment and anti-fraud measures

We reserve the right to verify payment transactions in order to prevent fraud and other improper usage in connection with payments. Internal and external sources of information are used for this purpose. If fraudulent activity is suspected and/or detected, we also reserve the right to share the relevant information (including personal data) with other companies, which may also check the data for their own purposes.

External data receivers

External recipients of personal data include

Service providers in areas of transport, marketing, customer feedback, IT, payment services, platforms for sending newsletters, operators of live help chats, government offices and authorities.

These recipients are partly domestic, but can be anywhere on the planet. In particular, you must expect your data to be transferred to all countries where the service providers we use are located (such as Microsoft, Amazon, Google).

If a recipient is located in a country without adequate legal data protection, we contractually oblige the recipient to comply with the applicable data protection (for this purpose, we use the revised standard contractual clauses of the European Commission, which can be accessed here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless the recipient is already subject to a legally recognised set of rules to ensure data protection and we cannot rely on an exemption provision. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the performance of a contract requires such disclosure, if you have consented or if it is a matter of data that you have made generally accessible and you have not objected to its processing.

Data security

We take appropriate technical and organisational security measures to protect your personal data from unauthorised access and misuse. Such as IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, controls.

Obligation to provide personal data

Within the scope of our business relationship, you must provide the personal data that is required for the establishment and implementation of a business relationship and the fulfilment of the associated contractual obligations (as a rule, you do not have a legal obligation to provide us with data). Without this data, we will generally not be able to enter into or perform a contract with you (or the entity or person you represent). Also, the website cannot be used without disclosing certain information to secure traffic (such as IP address).

Profiling

We process your personal data partly automatically with the aim of evaluating certain personal aspects (profiling). We use profiling in particular to provide you with targeted information and advice on products. In doing so, we use evaluation tools that enable us to provide needs-based communication and advertising, including market and opinion research.

For the establishment and implementation of the business relationship and also otherwise, we generally do not use any fully automated automatic decision-making (such as regulated in Art. 22 GDPR). Should we use such procedures in individual cases, we will inform you separately about this, insofar as this is required by law, and inform you about the associated rights.

Rights of the data subject

Within the framework of the data protection law applicable to you and to the extent provided for therein (such as in the case of the GDPR), you have the right to information, correction, deletion, the right to restrict data processing and otherwise to object to our data processing, in particular that for the purposes of direct marketing, profiling for direct advertising and other legitimate interests in the processing, as well as to the release of certain personal data for the purpose of transfer to another body (so-called data portability). Please note, however, that we reserve the right to enforce the restrictions provided for by law, for example if we are obliged to retain or process certain data, have an overriding interest in doing so (insofar as we are entitled to rely on this) or require it for the assertion of claims. If you incur any costs, we will inform you in advance. Please note that the exercise of these rights may conflict with contractual agreements and may have consequences such as the premature termination of the contract or costs. We will inform you in advance if this is not already contractually agreed.

The exercise of such rights generally requires that you clearly prove your identity (e.g. by means of a copy of your identity card where your identity is otherwise not clear or cannot be verified). To exercise your rights, you can contact us at the address provided.

Every data subject also has the right to enforce his or her claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

III. APPLICATION CASES

bijoutil.ch profile (Online-Shop)

1. Purpose of the bijoutil.ch profile
You have the option to create your own bijoutil.ch profile on the website. This is a required condition for the order processing in our online shop.
2. Personal data collected for the creation and operation of the profile
When you set a bijoutil.ch profile, we ask for your personal data, in particular your surname, first name, address, telephone number and e-mail address are requested. To set up your profile we use the so-called confirmed-opt-in procedure: After you have registered, you will receive a registration confirmation by e-mail.
In order to process the ordered goods, you can also store additional information in your profile, such as your preferred payment method.
BIJOUTIL is entitled to process the data you share with us as part of the use of your bijoutil.ch profile, so we can meet the resulting contractual obligations and operate your bijoutil.ch profile.
3. Sharing of the data within BIJOUTIL and with third parties
BIJOUTIL will collect and process the data you share with us in bijoutil.ch profile and / or during your use of a function of the bijoutil.ch profile and which is required for the use of your bijoutil.ch profile (e.g. personal data, non-personal data and information) within BIJOUTIL. In addition, third-party companies designated by BIJOUTIL for the technical management of the bijoutil.ch profile may also obtain access to your data in the course of this activity.
4. Marketing and analytical activities
For the purpose, BIJOUTIL processes your personal data collected the course of registration and use of your bijoutil.ch profile for marketing and analytical activities. As part of its marketing and analytical activities, BIJOUTIL may send you offers, for instance about BIJOUTIL products and services which are similar or the same as others you have purchased or used previously. If you do not wish to receive such offers, you can unsubscribe at any time without stating reasons.
5. Electronic communication
By setting up a a bijoutil.ch profile, you give us permission to send you relevant information, recommendations and offers from BIJOUTIL. This takes place by means of non-analogue communication, such as e-mail, telephone or by post for example. If you do not wish to receive such communications, you can unsubscribe at any time without stating reasons.

Newsletter

Upon request, we will keep you informed about relevant developments and offers from BIJOUTIL. We use the so-called confirmed opt-in procedure to subscribe to our newsletter. When you subscribe to our newsletter on the website, for example by clicking a confirmation field, we will send you a notification e-mail. If you no longer wish to receive a newsletter from BIJOUTIL, you can unsubscribe at any time free of charge. Doing so will not restrict the use of your bijoutil.ch profile.

We process your data associated with the newsletter in order to send you news about and related to BIJOUTIL and our partners. In addition, we also process and use the email address you entered in order to send you personalized offers associated with the newsletter.

If a link in the newsletter directs you to our website, you also give us permission to process and use your IP address, together with geodata, web beacons or similar technologies, in order to verify whether the offers presented to you in the course of this communication meet your requirements.

Use of Google Analytics

We use Google Analytics from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94.043 USA. This is a tool that can be used to analyze the use of web pages. For this Google uses different techniques, i.a. Cookies are also stored on your computer. These store information about the use of our site, which we use to improve our offerings.

Google Analytics uses cookies and generally stores them outside the EU / EFTA area. Google uses this information to evaluate the use of the website for BIJOUTIL and to compile reports on website activity and internet usage. Furthermore, Google transmits this information according to its own information to third parties, if required by law or as far as third parties process this data on behalf of Google. The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data. Users can prevent the storage of cookies (see "Cookies"). Furthermore, users can prevent the transmission of the data generated by the cookie and their use of the website (including the IP address) to Google as well as the processing of this data by Google by downloading the browser plug-in available under the following link and install: https://tools.google.com/dlpage/gaoptout?hl=en

Customer satisfaction surveys

In the course of analytical activities and in order to offer you a better customer experience, BIJOUTIL may ask you to take part in customer satisfaction surveys after placing an order. If at later date you no longer wish to receive such offers or requests, you can unsubscribe from these free of charge at any time via the link provided in the corresponding e-mail.

Online order process

If you start an online order process on our website, we collect personal data, in particular your surname, first name, address, telephone number, e-mail address and, in encrypted form, your credit card details.

Sponsorship and cooperation requests

For the purpose of verifying and processing requests related to a potential sponsorship/partnership relationship, BIJOUTIL processes the personal data of applicants.

®Bijoutil LTD 2023