The protection of your privacy is important to us. This data protection declaration describes the collection and processing of personal data by Plantanic GmbH, as far as they are not covered by other data protection guidelines or result from the circumstances or are provided by applicable law. The term personal data includes all information about an identified or identifiable person.
If you make personal data of other persons available to Plantanic GmbH, e.g. data about the recipient of a gift, please only disclose the recipient's personal data to Plantanic GmbH if you are entitled to do so in accordance with the applicable data protection laws and if the other person agrees that you make his or her personal data available to Plantanic GmbH for the purposes of data collection and processing of the recipient's personal data in accordance with this data protection declaration.
1. Responsible body
For each website (including online shops and mini-sites for special offers), each presence in social media, multimedia portals, chat offers and each app of Plantanic GmbH (hereinafter referred to as "WEB SITE"), Plantanic GmbH is considered the responsible body with regard to the collection of personal data in accordance with the Swiss Data Protection Act.
2. Processing of personal data
Plantanic GmbH collects and processes personal data of:
users of their WEBSITES who are registered with Plantanic GmbH;
persons who purchase and use products and services of Plantanic GmbH;
potential or actual interested parties in products and services of Plantanic GmbH;
recipients of newsletters from Plantanic GmbH;
participants in research campaigns or opinion polls of Plantanic GmbH;
participants in events (co-)organized by Plantanic GmbH or other events; and
Persons who use customer loyalty programs of Plantanic GmbH;
(hereinafter jointly referred to as "CUSTOMERS").
The personal data of the CUSTOMER are usually collected directly by Plantanic GmbH in the context of the use of the WEB SITE, at events of Plantanic GmbH or during direct communication via e-mail or telephone or in any other way. However, personal data may also be collected indirectly, e.g. when Plantanic GmbH requests third parties as processors, such as Plantanic GmbH 's PARTNER (as defined below, including wholesalers, distributors, retailers, suppliers and other business partners such as customer service salesman), even if the customer making the purchase is not the same person as the person benefiting from the purchase or if the purchase is sent to another person (e.g. as a gift), based on the recommendation of a third party (e.g. recommendation by family or friends of the CUSTOMER) or by further obtaining additional information from third party data sources (e.g. social media).
Plantanic GmbH processes in particular the following categories of personal data:
Personal data and contact information such as first and last name, maiden name, address, place of residence, telephone number, e-mail address, age, date of birth, gender, marital status, relatives, contact in case of emergency, pictures, etc;
Order and purchase information, including but not limited to payment information, credit card and other payment information, billing and shipping address, products and services ordered and purchased, information related to inquiries, complaints and disagreements regarding products and services or related contracts, such as warranty claims, customer service, repairs, customer support and services, returns, etc;
Data related to product and service marketing, including but not limited to information such as newsletter opt-ins and opt-outs, documents received, invitations and participation in events and special promotions, personal preferences and interests, customer segmentation information, etc;
Information about the use of the WEB SITE, including but not limited to IP address and other identifiers (e.g. user name of social media sites, MAC address of smartphones or computers, cookies), date and time of visits to the WEB SITE, pages and content visited, referring Web sites, etc;
data in connection with communication such as preferred means of communication, correspondence and communication with Plantanic GmbH (including records of communication), etc;
data collected from registered users, such as access codes (including passwords), preferred language, date and duration of the user account, payment information of the customer or a potential third party, information about the recipient of a gift, number of visits to the WEBSITE, purchase history, products purchased, etc. (all WEBSITE accounts, activities and events for which the CUSTOMER must register with his personal data and thus conclude a contract with Plantanic GmbH are considered accounts in the sense of this policy);
together CUSTOMER DATA.
Furthermore, Plantanic GmbH collects:
Data of users of the WEB SITE that do not register with Plantanic GmbH (VISITOR), but can display personal data e.g. in social media (VISITOR DATA), the provisions of this notice on data collected from a CUSTOMER in connection with the use of the WEB SITE shall apply accordingly, even if the identification of a VISITOR is usually not possible for Plantanic GmbH;
information about employees and contacts of partners and dealers, retailers, suppliers and other business partners of Plantanic GmbH (hereinafter referred to as PARTNERS, whose data is referred to as PARTNER DATA) such as contact data, information about their function, information about the previous contact with these persons, data about marketing activities (e.g. receipt of newsletters), information about business transactions, inquiries, offers, quotations, conditions and contracts, information about professional or other interests of the persons.
The CUSTOMER is obliged to provide the data necessary or legally required for the establishment and execution of the contractual relationship and the fulfilment of the associated contractual obligations within the scope of his business relationship. Without this data, Plantanic GmbH is usually not in a position to conclude or execute the contract with the respective customer. This also applies analogously to business relations with wholesalers, traders, retailers, suppliers and business partners of Plantanic GmbH; as a matter of principle, these cannot be concluded and processed without information on their employees and other contact persons. Since every access to the WEB SITE is logged, connection data (such as IP address) is always logged; this happens automatically during use and cannot be deactivated for individual VISITORS or CUSTOMERS.
3. Processing purpose and legal basis
3.1 Purpose of the processing
Plantanic GmbH may process CUSTOMER DATA according to applicable law, in particular, but not exclusively, for the following purposes:
In connection with the services offered, conclusion of contracts (especially sales contracts), participation in events, maintenance and expansion of customer relations, communication, customer service and support, promotions, advertising and marketing (including newsletter and dispatch of advertising material);
administration of the users of the WEBSITE and other activities in which CUSTOMERS participate, operation and further development of the WEBSITE (including the provision of functions requiring identifiers or other personal data) and other IT systems, identity checks;
protection of CUSTOMERS, employees and other persons and protection of data, secrets and assets of Plantanic GmbH, security of the systems and premises of Plantanic GmbH
compliance with legal and official regulations and internal regulations of Plantanic GmbH, enforcement and exploitation of rights and claims, defence against legal claims, litigation, lawsuits, combating abusive behaviour, initiation of investigations and proceedings as well as answering inquiries from authorities;
Sale or acquisition of business units, companies or parts of companies as well as other corporate transactions; and
For other purposes, if a legal obligation requires processing and this was evident from the circumstances or was indicated at the time of collection.
(together the PURPOSE OF THE DATA PROCESSING).
3.2 Legal basis of the processing
Plantanic GmbH uses customer data for the purpose of data processing on the basis of the following legal principles:
Fulfilment of contracts;
compliance with the legal obligations of Plantanic GmbH;
consent of the customer (only as far as the processing is based on a concrete inquiry and can be revoked at any time, namely the receipt of newsletters for which the customer has registered);
legitimate interests of Plantanic GmbH, including but not limited to
Purchase and shipment of products and services, also in connection with persons who are not direct contractual partners (such as persons who receive a gift)
conducting advertising and marketing activities;
Efficient and effective customer care, contact management and other communication with CUSTOMERS outside of the contract;
Understanding customer behavior, activities, concerns and needs, market research;
Efficiently and effectively improving existing products and services and developing new products and services;
Efficient and effective protection of customers, employees and other persons as well as protection of data, secrets and assets of Plantanic GmbH, security of systems and premises of Plantanic GmbH;
Maintenance and secure, efficient and effective organisation of business operations, including secure, efficient and effective operation and successful further development of the WEB SITE and other IT systems
Reasonable business management and development;
successful sale and acquisition of business units, companies or parts of companies and other corporate transactions;
Compliance with legal and regulatory requirements and the internal rules of Plantanic GmbH;
Concerns regarding the prevention of fraud, criminal offences and crimes as well as investigations in connection with such criminal offences and other misconduct, the processing of claims and complaints against Plantanic GmbH, the cooperation in legal proceedings and with authorities as well as the pursuit, exercise and defence of complaints.
Plantanic GmbH may, in accordance with the applicable data protection laws, in particular process VISITOR DATA for the purpose of maintenance and further development of the WEBSITE (including the provision of functions requiring identifiers or other personal data), for statistical evaluation of the use of the WEBSITE as well as for combating abusive behaviour, for the purpose of judicial investigations or proceedings and for answering inquiries from authorities. VISITOR DATA is processed according to the principles established for CUSTOMER DATA.
Plantanic GmbH may process PARTNER DATA, namely for the purpose of concluding and processing contracts and other business relations with SUPPLIERS, promotions, advertising and marketing, communication, invitations to events and participation in promotions for SUPPLIERS, organisation of joint activities, compliance with legal and official requirements and internal rules of Plantanic GmbH, enforcement and exploitation of rights and claims, defence against legal claims, legal disputes, complaints, combating abuse.
4. Data transmission and transfer
Plantanic GmbH may, in accordance with the applicable data protection laws, pass on CUSTOMER, VISITOR and PARTNER DATA to the following categories of THIRD PARTIES who process PERSONAL DATA on behalf of Plantanic GmbH or for their own purposes
Service providers (both within Plantanic GmbH and externally), including data processors; this includes the GoAffPro Affiliate Program
Wholesalers, distributors, retailers, suppliers and other business partners;
customers of Plantanic GmbH;
local, national and foreign authorities;
the public including visitors of websites and social media of Plantanic GmbH;
industry organisations, associations, organisations and other bodies;
purchasers or interested parties for the acquisition of business divisions, companies or other parts of Plantanic GmbH;
other parties in potential or actual legal proceedings;
(together THIRD PARTIES).
Plantanic GmbH may disclose CUSTOMER, VISITOR and PARTNER DATA within Plantanic GmbH as well as to third parties and in any country worldwide, as well as in countries where service providers of Plantanic GmbH process their data. If data is passed on to countries that do not guarantee adequate protection, Plantanic GmbH will ensure adequate protection of the disclosed data.
5. Data retention
Plantanic GmbH generally does not store personal data longer than necessary for the PURPOSES for which they are processed. However, Plantanic GmbH is entitled to process personal data for a longer period of time, provided that the following rules and obligations are observed: Plantanic GmbH stores personal data as long as Plantanic GmbH (i) is obliged to do so (by contract, law or other provisions) or (ii) has an interest in doing so (namely an interest for reasons of evidence in the case of claims, documentation of compliance with certain legal or other requirements, an interest in a non-personal analysis). Deviating regulations apply in particular with regard to the anonymization or pseudonymization of personal data according to applicable law.
Plantanic GmbH generally stores personal data for contract-related CUSTOMER and PARTNER DATA (including business documents and communication) for as long as the contractual relationship exists and for ten years after termination of the contractual relationship, unless (i) in individual cases there is a shorter or longer legal obligation to retain data, (ii) the retention is necessary for reasons of evidence or for another reason valid under applicable law, or (iii) the deletion of the data is required earlier (e.g. for the purpose of a legal claim, documentation of compliance with certain legal or other requirements, an interest in a non-personal analysis). e.g. because the data is no longer required or Plantanic GmbH must delete the corresponding data).
For operational data containing CUSTOMER, VISITOR or PARTNER data (e.g. protocols,) Plantanic GmbH usually stores personal data for a period of 3 - 12 months.
6. Cookies, analysis tools, social plug-ins and re-targeting
Plantanic GmbH uses tracking technologies ("cookies") for the WEB SITE.
On the one hand, Plantanic GmbH uses session cookies, which are automatically deleted when the WEB SITE is closed and which enable the server to establish a stable connection to the user (so that e.g. the content of a shopping cart is not lost) as long as the user is surfing the website. On the other hand, permanent cookies are used, which are only deleted after a time defined per WEB SITE.
Permanent cookies are used to remember the user's preferences on the WEB SITE and remain on the user's desktop or Internet-capable device, even after the browser is closed or the device is restarted. Plantanic GmbH uses these cookies to analyse user behaviour and to determine visiting patterns, so that the website functionality can be improved for all users.
Cookies do not cause any damage and do not contain viruses. If the user still does not wish cookies to be set, the browser can be set so that cookies are only created with the user's consent or generally rejected.
Please note, however, that if you reject cookies on the website, some functions on the website may be restricted or not available.
Plantanic GmbH is entitled to install a coding in newsletters and other marketing e-mails, with which it can be determined whether the recipient has opened an e-mail or downloaded images contained in the e-mail. However, the recipient can block this application in his e-mail program. In any case, by receiving newsletters via other marketing emails, he agrees to the use of this technology.
Should Plantanic GmbH place advertisements of third parties on the WEB SITE (e.g. banners) or intend to place its own advertisement on the website of a third party, cookies may be used by companies specialized in the use of this advertisement. Plantanic GmbH does not pass on any personal data to such companies, i.e. they only set a permanent cookie with the users of the WEB SITE in order to recognize users. This is done in the sole interest of Plantanic GmbH and enables Plantanic GmbH to place targeted advertising for these persons on third party websites (e.g. in connection with products for which these persons have shown interest in the online shop). Plantanic GmbH also does not pass on personal data to the operators of external websites.
6.2 Analysis tools
6.2.1 Facebook pixels
6.2.2 Google Analytics
The WEB SITE uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on the user's end device and enable an analysis of the use of the website. The information generated by cookies about the use of the website is usually transferred to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, the user's IP address will be shortened by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area before this happens. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the website operator, Google will use this information to evaluate the use of the user of the website, to compile reports on the website activities and to provide further services to the website operator in connection with the use of the website and the Internet. The IP address transmitted by the user's browser within the framework of Google Analytics is not combined with other Google data. The user can prevent the storage of cookies by means of a corresponding setting in your browser software; it is pointed out that in this case you may not be able to use all functions of this website to their full extent. Furthermore, the user can prevent the collection of the data generated by the cookie and related to the use of the website by the user (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link (http://tools.google.com/dlpage/gaoptout?hl=de).
6.3 Social Plugins
The WEB SITE uses social plugins, e.g. from Facebook, Twitter or Google+. The plugins are marked with the logo of the provider and can be e.g. "Like" buttons or a Twitter button or Google+ button.
If the customer or visitor calls up a website that contains such a plugin, his browser establishes a direct connection with the provider's computers. The content of the plugin is transmitted from the offering site directly to the browser of the CUSTOMER or VISITOR and integrated into the Internet site by the latter. By integrating the plugins, the provider receives the information that the CUSTOMER or VISITOR has called up the WEB SITE. If the CUSTOMER or VISITOR is logged in at the same time, the Provider can assign the visit to the profile of the CUSTOMER or VISITOR. If the CLIENT or VISITOR interacts with the plug-ins - for example, by clicking the "Like" button or posting a comment - the relevant information is transmitted directly from their browser to the provider and stored there.
If the CLIENT or VISITOR does not want the provider to collect data about you via our website, he/she must log out of the provider's system before visiting the WEBSITE. Even when logged out, the providers collect anonymous data via the social plugins and set a cookie for the CUSTOMER or VISITOR. This data can be assigned to the corresponding profile if the CUSTOMER or VISITOR logs in to the Provider at a later time.
If a login is offered via a social login service - e.g. Facebook Connect - data is exchanged between the Provider and the WEB SITE. In the case of Facebook Connect, for example, this can be data from the public Facebook profile of the CUSTOMER or VISITOR. By using such login services, the CUSTOMER or VISITOR agrees to the data transfer.
The purpose and scope of the data collection and the further processing of the data by the provider as well as the relevant rights and setting options for the protection of privacy can be found in the providers' data protection information.
Facebook Ireland Ltd. or Facebook Inc.: http://de-de.facebook.com/policy.php
Google Inc.: http://www.google.de/intl/de/privacy/plusone/
Twitter Inc.: http://twitter.com/privacy
If the CUSTOMER or VISITOR does not want the providers to collect data via these cookies, the CUSTOMER or VISITOR can select the function "Block third-party cookies" in his browser settings. In this case, the browser will not send cookies to the server for embedded content from other providers. With this setting, other functions of the WEBSITE may no longer function.
7. Authorized service providers and third parties
In order to ensure a comfortable shopping experience, Plantanic GmbH works together with service providers (or commissioned third parties) for logistics, payment or customer service. In the course of these services, Plantanic GmbH transfers data to the following companies with the purpose described above:
Post AG Switzerland; for the purpose of verification of correct address data, delivery and sending of your order
PayPal Inc.; for the purpose of payment and credit assessment
8. Information, correction and deletion of data and contact person for data protection
Affected persons are entitled to request information from Plantanic GmbH at any time about the data stored about them, about the recipients or the categories of recipients to whom their data is passed on, as well as about the purpose of the storage, and can contact the following offices for this purpose:
Plantanic GmbH data protection officerReinacherstrasse 129, 4053 Basel
In addition, the persons concerned can contact Plantanic GmbH at any time under the aforementioned contact data in order to update, correct, complete or delete the data stored about them. You also have a right of appeal to the responsible data protection supervisory authority. Affected persons have the right to obtain information free of charge about the data stored by us about your person and, if applicable, a right to correction, restriction of processing, data transferability or deletion of this data. If you have any questions about the collection, processing or use of your personal data, about information, correction, blocking or deletion of data as well as revocation of consents granted or objection to a specific use of data, please contact us directly via the contact data in our imprint. In addition, you have the right to complain to the responsible data protection supervisory authority.
9. Changes to the data protection declaration
Should the data protection declaration be part of an agreement with CUSTOMERS and PARTNERS, Plantanic GmbH may inform them about an update or change by e-mail or other suitable way. The changes are considered accepted if no objection is raised within 30 days after notification. In case of an objection, Plantanic GmbH is free to terminate the contract exceptionally and with immediate effect.
B. Specific provisions
The following provisions supplement the provisions of the general part for certain activities of Plantanic GmbH. In the event of an objection, the following provisions take precedence over the provisions of the general part.
1. Online shops
If the CUSTOMER decides to pay by PayPal or credit card, Plantanic GmbH will pass on personal data of the CUSTOMER via a secure interface connection to the payment acquiaring and request a creditworthiness and identity check via this connection. At no time will direct personal data such as credit scores or addresses be exchanged, but only the existence of relevant information and its validity will be verified. Plantanic GmbH does not find out, for example, how high a credit score is, but only whether a creditworthiness is given and whether a means of payment can be accepted in a secure manner.
2. Partners and dealers
CUSTOMER DATA, PARTNER DATA and VISITOR DATA can be collected not only directly by Plantanic GmbH but also indirectly by partners. In these cases, the PARTNERS of Plantanic GmbH process personal data on behalf of Plantanic GmbH and are bound to special processing contracts, which regulate the conditions of their obligations in a way that guarantees the protection of the rights of CUSTOMERS, PARTNERS and VISITORS as well as the processing and security of their personal data in accordance with the applicable data protection laws.
3. Newsletter and banner advertising
If the CUSTOMER agrees, Plantanic GmbH may send newsletters or other commercial communications in connection with products and services. On the basis of the data provided, Plantanic GmbH can individualise the information sent to the CUSTOMER in such a way that the CUSTOMER only receives information that Plantanic GmbH considers interesting and relevant for the CUSTOMER, if possible. For this purpose, Plantanic GmbH analyzes the data and considers in particular the stored information about age, gender, interests and preferences as well as other information that can be derived from the linkage of further data provided or collected by the CUSTOMER. CUSTOMERS may at any time object to the further sending of newsletters or other commercial communications via their account on the respective WEB SITE or via the link provided in each mailing.
It is possible that personalized advertising may be displayed during your visit to the WEBSITE. Any banner advertisement displayed to the CUSTOMER contains products offered on the WEBSITE that have been previously viewed by the CUSTOMER. The advertising is generated by Plantanic GmbH by means of cookies (see above section A. 6.1).
4. Lotteries, competitions and other advertising activities
For the collection of data in connection with lotteries, competitions and other advertising activities, the associated conditions and the following principles apply:
The data is collected for:
the implementation of the competition or sweepstake;contacting the winners;publication of the winners' contact details;promotion of winners in social media,advertising and marketing activities.