Datenschutz – PeakPunk

IMPORTANT LEGAL INFORMATION

Please read the following conditions carefully before proceeding. Persons who log on to the peakpunk.com website of Fruver AG signify their agreement to the following conditions.

COPYRIGHT AND TRADEMARK RIGHTS

The entire content of the peakpunk.com website is copyright protected. All rights are owned by Fruver AG or third parties. The elements contained on the peakpunk.com website are freely accessible for browsing purposes only. Duplication of this material, or parts thereof, in any written or electronic form is permitted only with a specific mention of peakpunk.com. Reproduction, transfer, amendment, linking or use of the peakpunk.com website for public or commercial purposes is prohibited without the prior written consent of Fruver AG.

The various names and logos appearing on the peakpunk.com site are generally registered and protected trademarks. No part of the peakpunk.com is designed in such a way as to grant a licence or right to utilise a picture, registered mark or logo. Downloading or copying the peakpunk.com website or parts thereof, confers no rights whatsoever in respect of the software or elements of the peakpunk.com website. Fruver AG reserves all rights in respect of all elements of the peakpunk.com website with the exception of rights belonging to third parties.

NO WARRANTY

Although Fruver AG has taken all possible care to safeguard the reliability of the information contained on the peakpunk.com website at the time of its publication, neither Fruver AG nor its contracting partners can give any explicit or implicit assurance or warranty (including to third parties) in respect of the accuracy, reliability or completeness of the information on peakpunk.com. Opinions and other information contained on the peakpunk.com website may be changed at any time without prior notice.

Fruver AG accepts no responsibility and gives no guarantee to the effect that the functions on peakpunk.com website will not be interrupted or that the peakpunk.com website or the relevant server is or are free from viruses or other harmful contents.

LIMITATION OF LIABILITY

Insofar as a contractual relationship exists between Fruver AG and the user of the peakpunk.com website or another service of Fruver AG, Fruver AG shall only be liable for damage caused by gross negligence or intent. Fruver AG excludes any liability for damage caused by an auxiliary person. Fruver AG shall not be liable for any loss of profit, loss of data or other direct, indirect or consequential damage suffered as a result of access to the elements of the peakpunk.com website or to use of that site or as a consequence of impossibility of access to or use thereof or links to other websites or technical disruptions.

LINKS TO OTHER WEBSITES

The peakpunk.com website contains links to websites operated by third parties which might be of interest to you. When activating these links you might leave the peakpunk.com website or summaries of third-party websites may be displayed within the context of the peakpunk.com website. Fruver AG has not carried out any checks whatsoever on the websites of third parties accessible via links on the peakpunk.com website and is in no way responsible for their content or effective operation. This applies regardless of whether when activating the link you leave the peakpunk.com website or the display appears within the context of the peakpunk.com website, and even if in the latter case the information provider of an external website is not immediately obvious. The establishment of this connection or the consultation of third party websites is exclusively at the risk and peril of the user.

Fruver AG (Parkstrasse 2, 5012 Schönenwerd, Switzerland), a limited liability company under the Swiss Code of Obligations (CHE-103.530.499), is the operator of the peakpunk.com website and is therefore responsible for the collection, processing and use of your personal data and for ensuring that your data is processed in compliance with Swiss law.

Your trust is important to us, which is why we take the issue of data protection seriously and ensure appropriate security. Of course, we comply with the legal provisions of the Federal Data Protection Act (FADP), the Ordinance to the Federal Data Protection Act (FADP), the Telecommunications Act (TCA) and, where applicable, other data protection provisions, in particular the General Data Protection Regulation of the European Union (hereinafter referred to as GDPR).

To help you understand what personal information we collect from you and for what purposes we use it, please review the information below.

1. SCOPE AND PURPOSE OF THE COLLECTION, PROCESSING AND USE OF PERSONAL DATA

a. when visiting www.peakpunk.com

When you visit our website, our servers temporarily store every access in a log file. The following data is collected without your intervention and stored until automatic deletion after 30 days at the latest:

the IP address of the requesting computer
the date and time of access
the name and URL of the retrieved file
the website from which the access was made
the operating system of your computer and the browser you are using
the country from which you have accessed and the language settings of your browser
the name of your Internet access provider

Only in the event of an attack on peakpunk.com's network infrastructure or suspicion of other unauthorized or abusive website use will the IP address be evaluated for the purpose of clarification and defense and, if necessary, used in criminal proceedings to identify and take civil and criminal action against the users concerned.

The collection and processing of this data is done for the purpose of enabling the use of our website (connection establishment), to ensure system security and stability on a permanent basis and to enable the optimization of our internet offer as well as for internal statistical purposes. This is our legitimate interest in data processing within the meaning of Art. 6 para. 1 lit. f DSGVO.

b. when opening a customer account and registering for our newsletter

In order to place orders in our online store, the truthful entry of the following personal data (*mandatory) is required:

First name*
Name*
Address*
Zip code / City*
Country*
E-mail address*
Password*
Newsletter registration

We need this information to process your order via the online store and to deliver the ordered goods to you. The legal basis for the processing of your personal data lies in the pre-contractual measures and the execution of a contract within the meaning of Art. 6 para. 1 lit. b DSGVO, as well as our legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO.

In addition, we need this information to send you the newsletter if you have registered for it.

With the creation of the customer account and the activation of the corresponding checkbox for the newsletter, you give us your consent to process the data provided for the regular sending of the newsletter to the email address you have provided. This consent constitutes our legal basis for the processing of your data within the meaning of Art. 6 para. 1 lit. a DSGVO.

Furthermore, we are entitled to commission third parties with the technical processing of marketing campaigns and accordingly have the right to provide third parties with your personal data for this purpose.

This website uses the services of MailChimp for sending newsletters. The provider is Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA.

Our newsletter may contain a so-called web beacon (tracking pixel) or similar technical means. A web beacon is a 1×1 pixel, invisible graphic that is associated with the user ID of the respective newsletter subscriber.

For each newsletter sent, there is information on the address file used, the subject and the number of newsletters sent. Furthermore, it is possible to see which addresses have not yet received the newsletter, to which address the newsletter was sent and for which addresses the sending failed. In addition, we also receive the opening rate including the information which addresses have opened the newsletter. Finally, we can see the information about which addresses have unsubscribed. We use this data for statistical purposes and to optimize the newsletter in terms of content and structure. This allows us to better tailor the information and offers in our newsletter to the individual interests of the recipients. The tracking pixel is deleted when you delete the newsletter.

In order to prevent the use of the web beacon in our newsletter, please set your mail program so that no HTML is displayed in messages, if this is not already the case by default. On the following pages you will find explanations on how to make this setting in the most common e-mail programs.

Microsoft Outlook
Mail for Mac ("Load remote content into messages")

For this data processing, we rely on Art. 6 para. 1 lit. f DSGVO and thus on our legitimate interest.

You can object to these data processing operations at any time if there are reasons, based on your particular situation, that speak against the data processing (see section 14 Contact).

c. When contacting us

To get in contact with us you have several options. You can contact us either by phone or via the e-mail address sayhi@peakpunk.com.

In doing so, we collect the personal data you provide to us. We need this information to process your contact request. You are responsible for the messages or the content that you transmit to us. We recommend that you do not transmit any sensitive information via the various contact channels. Personal data is only collected if you provide it voluntarily. It is therefore up to you which information you provide us with. In order to be able to answer your contact requests, we may require additional information from you, e.g. your e-mail address, your telephone number, etc. We will only collect the personal data from you that is required to process and respond to your request or to provide the services you have requested.

The legal basis for processing your personal data for contact requests is our legitimate interest within the meaning of Art. 6 (1) lit. f DSGVO. Our legitimate interest is the processing of your contact.

You can object to this data processing at any time if there are reasons that exist in your particular situation that speak against the data processing (see section 14 Contact).

c. When contacting us

To get in contact with us you have several options. You can contact us either by phone or via the e-mail address sayhi@peakpunk.com.

You can object to this data processing at any time if there are reasons that exist in your particular situation that speak against the data processing (see section 14 Contact).

d. When participating in contests and sweepstakes

From time to time, you have the opportunity to participate in contests or sweepstakes on peakpunk.com. In the context of these contests and sweepstakes, personal data (e-mail address, name, address and, if applicable, other data necessary for the contest or sweepstakes) may also be collected and stored for the purpose of processing the contest or sweepstakes. The personal data you pass on to us will be used exclusively for the purpose of processing the competition or sweepstake (e.g. for determining the prize, notifying the winner and handing over the prize). In the context of the contest or sweepstakes, we will inform the participants separately about any data processing on the occasion of the specific contest or sweepstakes. After the end of our contests or sweepstakes, the data of the participants will be deleted, unless you have explicitly given your separate consent regarding the use of personal data for other purposes (e.g. for the delivery of our newsletter).

The legal basis for processing your personal data in the context of contests or sweepstakes is your consent within the meaning of Art. 6 (1) lit. a DSGVO.

You can object to this data processing at any time if there are reasons, based on your particular situation, which speak against the data processing (see section 14 Contact)

2. CENTRAL STORAGE

We store the data specified in the aforementioned paragraphs in a central electronic data processing system. The data concerning you will be systematically collected, linked and evaluated for the purpose of processing your inquiries and handling the contractual services.

We base this processing on our legitimate interest within the meaning of Art. 6 (1) lit. f DSGVO in customer-friendly and efficient customer data management. In addition, we base the processing of this data on the fulfillment of the contract within the meaning of Art. 6 para. 1 lit. b DSGVO.

3. USE OF YOUR DATA FOR ADVERTISING PURPOSES

a. Creating pseudonomy usage profiles

In order to provide you with personalized services and information on our website (on-site targeting), we use and analyze the data that we collect about you when you visit the website. So-called cookies may also be used in the corresponding processing (see section 7 below). The analysis of your user behavior may lead to the creation of a so-called usage profile. A combination of the usage data only takes place with pseudonymous, but never with non-pseudonymized personal data.

We base the creation of pseudonymized user profiles for advertising and analysis purposes on a legitimate interest within the meaning of Art. 6 (1) lit. f DSGVO. This applies to all data processing operations listed in this section 3. The legitimate interest consists of direct marketing and analysis of the use of our website.

b. Re-targeting

We use re-targeting technologies on the website. This involves analyzing your user behavior on our website in order to subsequently offer you advertising tailored to your individual needs on partner websites as well. Your user behavior is recorded pseudonymously. Most re-targeting technologies work with cookies (see section 7 below).

This website uses Doubleclick by Google, a service of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043,USA ("Google"), to serve ads based on the usage of previously visited websites. Google uses the so-called DoubleClick cookie for this purpose, which enables your browser to be recognized when you visit other websites. The information generated by the cookie about your visit to these websites (including your IP address) will be transmitted to and stored by Google on servers in the United States (for more information about transfers of personal data to the United States, please refer to Section 10 below).

Google will use this information for the purpose of evaluating your use of the website in relation to the advertisements to be placed, compiling reports on website activity and advertisements for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. However, Google will not associate your IP address with any other data held by Google.

You can prevent re-targeting at any time by rejecting or deactivating the relevant cookies in the menu bar of your web browser (see section 7 below). In addition, you can request an opt-out for the aforementioned additional advertising and re-targeting tools via the website of the Digital Advertising Alliance at optout.aboutads.info.

4. DISCLOSURE OF DATA TO THIRD PARTIES

We will only disclose your personal data if you have expressly consented to this, if there is a legal obligation to do so or if this is necessary to enforce our rights, in particular to enforce claims arising from the relationship between you and Fruver AG.

In addition, we pass on your data to third parties insofar as this is necessary in the context of the use of the website for the provision of the services requested by you as well as the analysis of your user behavior. As far as this is necessary for the purposes mentioned in sentence 1, the transfer may also take place abroad.

If the website contains links to third-party websites, Fruver AG no longer has any influence on the collection, processing, storage or use of personal data by the third party after these links have been clicked and accepts no responsibility for this.

5. TRANSFER OF PERSONAL DATA ABROAD

Fruver AG is also entitled to transfer your personal data to third companies (contracted service providers) abroad, if this is necessary for the data processing described in this privacy policy. These are obligated to data protection to the same extent as we ourselves. If the level of data protection in a country does not correspond to that in Switzerland or the European Union, we will ensure by contract that the protection of your personal data corresponds to that in Switzerland or the EU at all times.

6. DATA SECURITY

We use appropriate technical and organizational security measures to protect your personal data stored with us against manipulation, partial or complete loss and against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

You should always keep your payment information confidential and close the browser window when you have finished communicating with us, especially if you share the computer with others.

We also take internal data protection very seriously. Our employees and the service companies commissioned by us have been obligated by us to maintain confidentiality and to comply with the provisions of data protection law. Moreover, they are only granted access to personal data to the extent necessary.

7. COOKIES

Cookies help in many aspects to make your visit to our website easier, more pleasant and more meaningful. Cookies are information files that your web browser automatically stores on your computer's hard drive when you visit our website. Cookies do not damage your computer's hard drive, nor do they transmit users' personal information to us.

We use cookies, for example, to better tailor the information, offers and advertising displayed to you to your individual interests. Their use does not result in us obtaining new personal data about you as an online visitor. Most Internet browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a message always appears when you receive a new cookie.

Disabling cookies may prevent you from using all the features of our website.

8. TRACKING TOOLS

On our website, we use Google Analytics, a web analytics service provided by Google Inc,1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. Google Analytics uses methods that enable an analysis of the use of the website, such as cookies (see section 7). The information generated by the cookie about your use of this website, such as.

Navigation path that a visitor follows on the site,
Dwell time on the website or subpage,
the subpage on which the website is left,
the country, region or city from where access is made,
End device (type, version, color depth, resolution, width and height of the browser window),
Returning or new visitor,
Browser type/version,
Operating system used,
Referrer URL (the previously visited page),
Host name of the accessing computer (IP address) and
Time of the server request
are transferred to servers of Google, a company of the holding company Alphabet Inc, in the USA and stored there. In doing so, the IP address is shortened by activating IP anonymization ("anonymizeIP") on this website before transmission within the Member States of the European Union or in other contracting states to the Agreement on the European Economic Area or Switzerland. The anonymized IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. In these cases, we ensure through contractual guarantees that Google. maintains a sufficient level of data protection.

The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to the use of the website and internet usage for the purposes of market research and demand-oriented website design. This information may also be transferred to third parties if this is required by law or if third parties process this data on behalf of Google. According to Google, in no case will the IP address be associated with other data relating to the user.

Users can prevent the collection of the data generated by the cookie and related to the website usage by the respective user (including the IP address) to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link:

http://tools.google.com/dlpage/gaoptout?hl=de

As an alternative to the browser plugin, users can click this link to prevent Google Analytics from collecting data on the website in the future. In doing so, an opt-out cookie is stored on the user's terminal device. If users delete cookies (see section 7), the link must be clicked again.

9. LINKS TO OUR SOCIAL MEDIA PRESENCES

On our website, we have included links to our social media profiles on the following social networks:

Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA,
YouTube LLC., 901 Cherry Ave, San Bruno, CA 94066, USA, and
Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA.
If you press on the relevant social network icons, you will automatically be redirected to our profile at the relevant network. In order to use the functions of the relevant network there, you must partially log in to your user account with the relevant network.

When you call up a link to one of our social media profiles, a direct connection is established between your browser and the server of the social network in question. This provides the network with the information that you have visited our website with your IP address and called up the link. If you call up a link to a network while you are logged into your account with the network in question, the content of our site may be linked to your profile with the network, which means that the network can assign your visit to our website directly to your user account. If you want to prevent this, you should log out before activating corresponding links. An assignment will take place in any case if you log in to the relevant network after activating the link.

10. NOTE ON DATA TRANSFERS TO THE USA

For the sake of completeness, we would like to point out for users who are resident or domiciled in Switzerland that there are surveillance measures in place in the USA by US authorities which generally allow the storage of all personal data of all persons whose data has been transferred from Switzerland to the USA. This is done without any differentiation, limitation or exception based on the objective pursued and without any objective criterion that would make it possible to limit the access of the U.S. authorities to the data and their subsequent use to very specific, strictly limited purposes that are capable of justifying the intrusion associated both with the access to these data and with their use. Furthermore, we would like to point out that in the U.S. there are no legal remedies available to data subjects from Switzerland that would allow them to obtain access to the data concerning them and to obtain its correction or deletion, or that there is no effective judicial legal protection against general access rights of U.S. authorities. We explicitly draw the attention of the data subject to this legal and factual situation so that he or she can make an appropriately informed decision to consent to the use of his or her data.

We would like to point out to users residing in a member state of the EU that the USA does not have a sufficient level of data protection from the point of view of the European Union - among other things due to the topics mentioned in this section. To the extent that we have explained in this Privacy Policy that recipients of data (such as Google, Facebook, and Twitter) are located in the U.S., we will ensure either through contractual arrangements with these companies or by ensuring that these companies are certified under the EU-U.S. Privacy Shield that your data is protected with our partners with an adequate level.

11. RIGHT OF ACCESS, RECTIFICATION, ERASURE AND RESTRICTION OF PROCESSING; RIGHT TO DATA PORTABILITY

You have the right to receive information about the personal data stored by us about you free of charge upon request. In addition, you have the right to correct inaccurate data and the right to have your personal data deleted, insofar as this does not conflict with a legal obligation to retain the data or an authorization that allows us to process the data. In accordance with Articles 18 and 21 of the GDPR, you also have the right to request restriction of data processing and to object to data processing.

You also have the right to demand that we return the data you have provided to us (right to data portability). Upon request, we will also pass on the data to a third party of your choice. You have the right to receive the data in a common file format.

You can reach us for the aforementioned purposes via the e-mail address sayhi@peakpunk.com. For the processing of your requests, we may, at our discretion, require proof of identity.

You can also tell us what you want to happen to your information after you die by giving us instructions.

12. DATA RETENTION

We store personal data only as long as it is necessary to use the above tracking, advertising and analysis services within the scope of our legitimate interest:

to perform, to the extent specified above, services that you have requested or to which you have given your consent;
to comply with our legal obligations.
We retain contractual data for longer periods, as this is required by statutory retention obligations. Retention obligations that require us to retain data result from accounting regulations and tax regulations. According to these regulations, business communications, concluded contracts and accounting records must be retained for up to 10 years or, with respect to users residing in France, for up to 5 years. As far as we no longer need this data to perform the services for you, the data will be blocked. This means that the data may then only be used for accounting and tax purposes.

13. RIGHT OF COMPLAINT TO A DATA PROTECTION SUPERVISORY AUTHORITY

If you are a resident of an EU country, you have the right to complain to a data protection supervisory authority at any time.

14. CONTACT

If you have any questions regarding data protection on our website, would like to request information or would like to have your data deleted, please contact us by sending an e-mail to sayhi@peakpunk.com.

Please send your request by letter to the following address:

Fruver AG
Parkstrasse 22
CH-5012 Schönenwerd

Last updated: December 20 2020