Privacy Policy

This Website is an Offer by Vitaplant AG in Switzerland. With this Privacy Policy, we provide you with information about the processing of personal data in connection with our Offer.

Our Offer shall be subject to the Swiss data protection legislation as well as to any applicable foreign data protection legislation, for example the one of the European Union (EU) including the General Data Protection Regulation (GDPR). The EU acknowledges that the Swiss data protection legislation guarantees an adequate level of data protection.

For individual and additional offers and services, there may be separate, additional or further privacy policies.

1. Processing of Personal Data

1. Personal data shall include any information that relates to an identified or identifiable person. A data subject shall be any person whose personal data is processed. Processing shall comprise any handling of personal data, irrespective of the means and procedures applied, in particular any retention, disclosure, collection, erasure, storage, modification, destruction and utilisation of personal data.
2. We shall process any personal data that is required to enable us to provide our Offer in an effective and user-friendly manner as well as permanently, safely and reliably.
3. In principle, we shall process personal data only after the consent of the data subject has been given, unless processing is permissible for any other reasons, for example for the performance of a contract to which the data subject is party and for corresponding measures prior to entering into a contract to safeguard our prevailing legitimate interests, since such processing is apparent from the circumstances or after prior information. Within this framework, we shall process, in particular, any information that is provided by data subjects themselves upon establishment of contact - for example by letter, e-mail, contact form, telephone or social media -- upon registration for a specialist event or upon registration for a user account as well as when they participate in competitions. We may store such information in an address book, customer relationship management system (CRM system) or using comparable aids.
4. We shall process personal data for any duration that is required for the respective purpose or the respective purposes. In case of any longer retention periods on account of any legal and other obligations to which we are subject, we shall limit such processing accordingly.
5. We may engage third parties to process personal data, also abroad. Such processors shall process personal data on our behalf. Furthermore, we may process personal data with the help of third parties, also abroad. We shall ensure in any case that such third parties will ensure an adequate level of data protection.
6. We are present on social media platforms and other online platforms in order to communicate with customers as well as interested persons and in order to provide information about our Offer. The respective General Terms and Conditions (GTCs), data Policies and other provisions of the individual operators shall apply.

 

2. Legal Bases for Processing Personal Data

 

1. We shall process personal data in line with the Swiss data protection legislation, including, in particular, the Swiss Federal Act on Data Protection (FADP).
2. If and to the extent that the GDPR is applicable, we shall process personal data in accordance with the following legal bases:
   1. 6(1) point (a) GDPR for the processing of personal data with the consent of the data subject;
   2. 6(1) point (b) GDPR for the required processing of personal data for the performance of a contract to which the data subject is party as well as in order to take steps prior to entering into a contract;6(1) point (c) GDPR for the required processing of personal data for compliance with a legal obligation to which we are subject according to any applicable legislation of
   3. the EU or according to any applicable legislation of any country in which the GDPR is applicable either in whole or in part;
   4. 6(1) point (d) GDPR for the required processing of personal data in order to protect the vital interests of the data subject or of another natural person;
   5. 6(1) point (f) GDPR for the required processing of personal data for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental rights and freedoms as well as by interests of the data subject. Legitimate interests shall be our business management interest to be able to provide and advertise our Offer, information security as well as any protection against misuse and unauthorised use, the enforcement of our own legal claims and compliance with the Swiss legislation.

 

3. Organisational and Technical Measures

1. We shall take reasonable and adequate organisational and technical measures to ensure data protection and data security.
2. Any access to our Offer shall be made using transport encryption (SSL / TLS).
3. Despite reasonable and adequate organisational and technical measures, any processing of personal data on the Internet may always involve security vulnerabilities. Therefore, we cannot ensure absolute data security.
4. Any access to our Offer, just as, in principle, any use of the Internet, shall be subject to the groundless mass surveillance without suspicion as well as to other monitoring measures taken by security authorities in Switzerland, in the EU, in the United States of America (USA) and in other countries. We have no direct influence on the corresponding processing of personal data by intelligence agencies, police services and other security authorities.

 

4. Cookies, Log Files and Tracking Pixels

1. For any visit made to our Website, we shall gather the following data, where it is transmitted by your browser to our server infrastructure, and shall store such data in log files:
   1. date and time including time zone
   2. Internet Protocol (IP) address
   3. access status (HTTP status code)
   4. operating system including user interface and version
   5. browser including language and version
   6. the individual sites accessed and the amount of data transferred
   7. the last website accessed (referer)
2. Such data may constitute personal data. Such data is required to enable us to provide our Offer permanently, safely and reliably and in order to ensure data security and thus, in particular, the protection of personal data, also by third parties or with the help of third parties.
3. We use cookies on our Website. Cookies are text files - also from third parties whose services we use (third-party cookies) - that are stored in your browser. Cookies may be stored in your browser when visiting our Website. In particular, cookies enable us to recognise your browser when you visit our Website again. Cookies cannot execute programmes or transmit malware, such as Trojans and viruses. We need cookies in order to make our content including our Website effective and user-friendly as well as to be able to permanently provide it in a secure and reliable fashion, especially by analysing the use with regard to error removal and improvements. You may disable and delete cookies in your browser settings in whole or in part at any time. Without cookies, however, our Offer might no longer be available to its full extent. If and to the extent required, we shall provide direct information about the use of cookies or we shall directly ask you to give your consent to the use of cookies.
4. We use tracking pixels on our Website. Tracking pixels – also from third parties whose services we use – are small images which are accessed when you visit our Website. Tracking pixels can collect the same data which are transmitted by your browser to our server infrastructure. We need tracking pixels in order to make our content including our Website effective and user-friendly as well as to be able to permanently provide it in a secure and reliable fashion, especially by analysing the use with regard to error removal and improvements.

 

5. Notifications and Newsletters

1. We may send notifications and newsletters by e-mail and via other communication channels. If and to the extent that such dispatch is not required for the performance of a contract to which the data subject is party or to safeguard our prevailing legitimate interests, you must give your express consent to the use of your e-mail address and your other contact addresses to ensure that no misuse by unauthorised third parties will be possible (“double opt-in”). We may have notifications and newsletters sent by third parties or with the help of third parties.
2. Notifications and newsletters may contain tracking pixels or web links collecting information as to whether an individual notification or an individual newsletter had been opened and what web links had been clicked on in this case. Such tracking pixels and web links gather the use of notifications and newsletters. We need such statistic gathering of any use including performance and reach measurement in order to offer notifications and newsletters based on the reading habits of the recipients in an effective and user-friendly manner as well as permanently, safely and reliably.
3. You may unsubscribe from notifications and newsletters and thus, in particular, object to the aforementioned gathering of any use at any time.

 

6. Third-Party Services

 

1. We make use of the services of third parties, also abroad, including in the United States of America (USA), to be able to provide our Offer in an effective and user-friendly manner as well as permanently, safely and reliably. Such services, inter alia hosting and storage services, shall require your Internet Protocol (IP) address, since it will not be possible otherwise to deliver or provide the corresponding contents. Inter alia using cookies, log files and tracking pixels, such services may also process additional data in connection with our Offer and in conjunction with information from other sources for their own statistical and technical purposes.
2. We use Google AdWords in order to be able to display adverts for our Offer in a targeted manner, in particular on other websites. Google AdWords is a service of the US American Google LLC. Cookies are also used in the course of this service. You can object to interest-based advertising by Google by using the corresponding setting options of Google. Google is subject to both the EU-US and the Switzerland-US Privacy Shield, whereby Google commits to ensure adequate data protection. In particular, Google has published the following information regarding type, scope, and purpose of data processing in connection with Google AdWords: Data protection and personalised ads, privacy notice and terms of use, listing in the Privacy Shield list.
3. We use Google Analytics to have the use of our Website analysed; we have the collected IP addresses anonymised prior to the analysis. Google Analytics also uses cookies. Google Analytics is a service of the US American Google LLC. We need this service in order to make our content including our Website effective and user-friendly as well as to be able to permanently provide it in a secure and reliable fashion, especially by analysing the use, including success and outreach, in regard to error removal and improvements. Furthermore, we can determine with Google Analytics whether internet advertising is successful and thus leads to corresponding visits to our Website (Conversion Tracking). Cookies are also used in the course thereof. You can object to statistical recording by Google Analytics with the «Browser add-on for deactivation of Google Analytics». Google is subject to both the EU-US and the Switzerland-US Privacy Shield, whereby Google commits to ensure adequate data protection. In particular, Google has published the following information regarding type, scope, and purpose of data processing in connection with Google Analytics: Terms and conditions of Google Analytics, privacy notice and terms of use, listing in the Privacy Shield list.
4. We use Google Fonts to be able to embed selected fonts into our Website. Google Fonts is a service of the US American Google LLC. Google is subject to both the EU-US and the Switzerland-US Privacy Shield, whereby Google commits to ensure adequate data protection. In particular, Google has published the following information regarding type, scope, and purpose of data processing in connection with Google Fonts: Data protection at Google Fonts, privacy notice and terms of use, listing in the Privacy Shield list.
5. We use Google Maps to be able to embed maps into our Website. Google Maps is a service of the US American Google LLC. Google is subject to both the EU-US and the Switzerland-US Privacy Shield, whereby Google commits to ensure adequate data protection. In particular, Google has published the following information regarding type, scope, and purpose of data processing in connection with Google Maps: Data protection at Google products including Google Maps, privacy notice and terms of use, listing in the Privacy Shield list.
6. We use Google reCAPTCHA, to protect entry forms against bots and spam but also to enable entries by persons in a reliable manner. Cookies are also used in the course of this service. Google reCAPTCHA is a service of the US American Google LLC. Google is subject to both the EU-US and the Switzerland-US Privacy Shield, whereby Google commits to ensure adequate data protection. In particular, Google has published the following information regarding type, scope, and purpose of data processing in connection with Google reCAPTCHA: Privacy notice and terms of use, listing in the Privacy Shield list.
7. We occasionally use Hotjar to have the use of our Website analysed. Hotjar provides the possibility to record the behaviour of users on our Website, for example with regards to mouse movements and mouse clicks. The corresponding log enables us to detect errors in our Website and to improve it. Therefore, we use Hotjar only when we made changes to our Website which we would like to check correspondingly. Hotjar also uses cookies. Hotjar and we do not identify individual visitors of our Website. Hotjar is a service of Hotjar Ltd. in Malta. Hotjar is subject to both the GDPR and Maltese data protection law, so that adequate data protection is ensured. You can object to analyses by Hotjar by deactivating tracking by Websites in your browser settings («Do Not Track», DNT). Hotjar has published the following information regarding type, scope, and purpose of data processing: Privacy policy, information about cookies.
8. We use Vimeo to be able to embed videos into our Website. If visitors of our Website are registered with Vimeo, Vimeo is able to attribute the contents accessed to such visitors. Vimeo may also use cookies. Vimeo is a service of the US-American Vimeo Inc. According to its own statements, Vimeo is subject to both the EU-US and the Switzerland-US Privacy Shield, whereby Vimeo commits to ensure adequate data protection. In particular, Vimeo has published the following information on the nature, scope and purpose of data processing in connection with Vimeo: Privacy notice, information on cross-border disclosure of data.

 

7. Rights of Data Subjects

1. Any data subjects whose personal data is processed by us shall have the rights according to the Swiss data protection legislation. This shall include the right to information as well as the right to rectification, erasure or blocking the personal data processed.
2. Any data subjects whose personal data is processed by us, if and to the extent that the GDPR is applicable, may request a confirmation free of charge as to whether we process their personal data and, if yes, information about the processing of their personal data, may have the processing of their personal data restricted, may exercise their right to data portability and may have their personal data rectified, erased (“right to be forgotten”) or blocked.
3. Any data subjects whose personal data is processed by us, if and to the extent that the GDPR is applicable, may revoke at any time any consents given and may raise an objection against any processing of their personal data at any time.
4. Any data subjects whose personal data is processed by us shall have the right to lodge a complaint with any supervisory authority in charge. The supervisory authority in charge of data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

 

8. Contact addresses

1. As a general rule, any requests by supervisory authorities and data subjects are addressed to us by e-mail, but can also be sent by letter mail to:
   
   Vitaplant AG
   Romanshornerstrasse 39
   8592 Uttwil
   Schweiz
   info@vitaplant.ch
2. We have a data protection representative in the EU as a point of contact for supervisory authorities and data subjects for any and all questions in connection with the EU data protection legislation:
   
   VGS Datenschutzpartner UG
   Am Kaiserkai 69
   20457 Hamburg
   Deutschland
   info@datenschutzpartner.eu

9. Final Provisions

We may amend our Privacy Policy at any time. We shall inform data subjects about any such amendments in an adequate manner on our Website.