Last Updated on 13 November 2018
Who We Are and What We Do
Fogal 2.0 SA is the data controller of the personal information about you. We know that your personal data and who you share it with is very important. We respect your privacy rights as online visitors, fans and customers and recognise the importance of protecting the information collected about you.
The protection of your privacy is of utmost importance to us. For this reason, we strictly adhere to the legal regulations governing data privacy and treat your personal data with confidence. The use of your personal data will be kept to a minimum and your data will not be utilised for any other purposes than those for which your personal data was collected and/or processed.
Our data privacy and confidentiality practices follow Swiss data privacy laws and respect the European General Data Protection Regulation (EU) 2016/679 92 (“GDPR”).
Information we may collect from you and why we collect it
You may need to actively provide us with your personal data to use our services and purchase our products. You may also need to give a limited amount of personal data for someone else. That could be information like the name and address of a person you are sending a Fogal gift to. By entering someone else’s personal data, you confirm you have got their permission to give it first. If that person is under 16 years old, you confirm that you have got permission from their parent or guardian to provide their data.
We may collect and process the following types of information about you for the following purposes:
- Your contact details such as name, birthday, nationality, email address, postal address, telephone number and any other personal data that you provide by completing forms on the website, including if you subscribe to our newsletter, register and create an account on the website, participate in a competition or promotion, or request further services. We may also record personal data that may be contained in communications you send to us. Additionally, we record the details of any transactions made by you. We collect and process all of this information to make sure you get your desired products or services such as to process your order, to arrange for the delivery of the product purchased, to manage any future after-sales-services of your product and to provide you with relevant news and offers about our company and/ or our products. In doing so, we may keep a record of any correspondence for the purpose of managing our relationship with you.
- We may also ask you to complete surveys that we use for research purposes to optimize our products and services for you, although you do not have to respond to them.
- We collect payment information such as Debit / Credit card or Paypal account details and the address your means of payment is registered to process your purchase and take payment for it.
- We may collect information about your visits to our site including traffic data, location data, device identifiers, your operating system, browser type and the device you use as well as the resources that you access and other communication data to give you a better experience and to continuously improve the quality of our websites as well as for safety reasons.
In addition, we collect cookies. A “cookie” is a small data file that we transfer to your computer when you surf to our site. A cookie can only contain information that we send to your computer ourselves— it cannot read your private data. If you accept cookies on our site, we do not have access to your personal information, but by using cookies we can identify your computer. They allow the site to “remember” your computer, but not specifically who is using it, and improve your user experience.
- Some cookies are essential for the operation of our website – for its function and performance. For example, they allow us to keep your items in the shopping cart when you continue your navigation.
- We use other cookies to analyse how our visitors use our websites and to monitor website performance. This allows us to provide you with a high quality experience by customising our offering to you and quickly identifying and fixing any issues that arise. For example, we might use performance cookies to keep track of which pages are most visited or which way of providing links between different content is most effective.
- We might also use these cookies to highlight products or site services that we think will be of interest to you based on your usage of the website.
- We use third party cookies to allow us to remember your preferences. For example, cookies save you the trouble of typing in a username every time you access the site.
- We may also use third party cookies for market research, sales tracking, improving site functionality and monitoring compliance with our terms and conditions.
- Further, we may collect cookies and usage data from Google AdWords conversion tracking, Google Analytics, User ID extension for Google Analytics, Google Maps (Google Inc.) and Facebook Ads conversion tracking (Facebook, Inc.).
By using our site, you agree to us placing these sorts of cookies on your device and accessing them when you visit the site in the future.
By logging into your social media accounts like Facebook, Instagram, Twitter or Google, you also drop cookies which may allow us to collect information about your IP address, usage data and other potentially identifying data from your social logins such as Facebook, Instagram, Twitter and Google. We don’t control their actions. Please see their privacy policies.
Most browsers accept cookies as a standard feature. You can enable or disable temporary and stored cookies separately in the settings of your browser. If you disable cookies, certain features of our site may not be available, you may not be able to complete a purchase on our site and some sites may not display properly. If you want to delete any cookies that are already on your computer, the “help” section in your browser should provide instructions on how to locate the file or directory that stores cookies.
The legal basis upon which we collect and use your personal information
The personal information we process to fulfil your order, to arrange for the delivery of the product purchased, to provide you with updates on your delivery, and to help us with after-sales services in case anything goes wrong with your purchase on the basis that it is necessary to fulfil our contract with you. We will also use that information for the legitimate interests of sending you information about our company and products, but we will provide you with an opportunity, at any time, to unsubscribe from receiving such information.
The personal information we collect when you subscribe to our newsletter using our website or when we undertake a survey that you participate in is processed on the basis of the consent that you give us at that time and represents our legitimate interest.
The personal information that we collect by means of cookies is processed on the basis of consent, as indicated above.
Transfer of your personal data
Your personal data will be accessible to authorized staff of Fogal and its subsidiaries, as well as service providers acting on our behalf on a need-to-know basis. The data that we collect from you may be transferred to, and stored at, destinations outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us. We work with carefully selected third-party consultants, contractors or other service providers to help us carry out the activities listed above. When we do so, we shall ensure that appropriate safeguards are in place to protect your information.
Storage of your personal data
We take the security of your personal data very seriously. However, we cannot guarantee that the personal data you disclose to us will be 100% secure, nor that any data breach will not occur. You accept the inherent security implications of dealing on-line over the Internet and will not hold Fogal or their processors responsible for any data breach unless it is due to our negligence.
All information provided by you to us and kept by us is stored on secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential.
We ask you not to share your password with anyone. We will do our best to protect your personal data, but unfortunately the transmission of information via the internet is not completely secure. Therefore we are unable to guarantee the security of your data transmitted to our site, and we are not responsible for any breach of data security which is beyond our reasonable control. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
We try to customize and communication to you to best fit your interests. We use the information we collect about you to tailor our content and try to ensure that the content of our communications is as interesting and relevant as possible for you.
User profiles can also be created through the use of automated tools like algorithms, which may be provided by third parties.
We may work with Google Tag Manager (Google LLC) which is a tag management service provided by Google LLC. This type of service allows Fogal to build user profiles by starting from an email address, a personal name, or other information that the User provides to this website, as well as to track User activities through analytics features. This Personal Data may also be matched with publicly available information about the User (such as social networks' profiles) and used to build private profiles that we can use for improving our sites. We may use the personal and usage data collected through this website to create or update user profiles.
Handling of “Do Not Track” Requests
This website does not support “Do Not Track” requests. To determine whether any of the third-party services we use honour the “Do Not Track” requests, please read their privacy policies.
Keeping your data
While you are using our services, we will never keep your personal data for longer than we need to. When we don’t need your personal data to offer our full services to you, we will make sure it is either completely deleted or anonymised. Once your data has been deleted or anonymised the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced anymore.
We are trying our best to only send you relevant messages and you can change your preferences or choose not to hear from us at any time.
Sharing your data
Your information may, for the purposes set out in this policy, be shared with the following parties:
- For legal reasons, it is possible that we have to share parts of your personal data with police or customs authorities, regulatory authorities, or government and law enforcement agencies. Generally, this is to help them prevent fraud and crime. When we do give this data to the authorities, the responsibility lies with them to protect your information.
- Another business may take us over or merge with us which could cause a transfer of your personal data. Your information may be disclosed to successors in title or business.
We work with carefully selected third-party consultants, contractors or other service providers to help us carry out the activities listed above who may process your personal information on our behalf. We do so using the following organisations:
- Shopify Inc. and its affiliates who provide us with the platform our website runs on.
- Our logistics partners who will pack and forward your parcel to you as well as process returns, for example DSV A/S and its subsidiaries, FedEx Corporation and its subsidiaries, and Swiss Post (Die Schweizerische Post AG).
- To manage, send and deliver our Newsletters we work with partners such as MailChimp by The Rocket Science Group LLC who allow us you to create and use distribution lists, send marketing email campaigns, place online advertisements, and analyse the performance of the former. MailChimp has self-certified to both the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield regimes, and lawfully transfers EU/EEA personal data to the U.S. pursuant to our Privacy Shield Certification.
- We work with PayPal Pte. Ltd. and Stripe, Inc. to help us process your payments.
- To better manage and organise communication received from you, we may use third-party systems.
- Outside research companies or consultants whom we may ask to contact you directly for your opinions on our products and services. In these instances, we provide them with only the information they need to perform their function.
- We may use the marketing services of Facebook Inc. (including Instagram) to better target our communications. As part of this process, an email address may be provided. For security reasons and to protect your personal information, this data is ‘hashed’ meaning your personal data is replaced with a non-personal tag that enables us via Facebook to track site visitors and record sales without using your actual personal data. Facebook Inc. has self-certified to both the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield regarding the collection and processing of personal data from our advertisers, customers, or business partners in the European Union and lawfully transfers EU/EEA personal data to the U.S. pursuant to our Privacy Shield Certification.
- We share Cookie data with Google. This helps us analyse site traffic and behaviour to improve our website performance. It also helps us to serve Google Paid Search Adverts to the most appropriate people, those most likely to want to find our website. The parent company of the Google group, Google LLC, remains self-certified under Privacy Shield on behalf of itself and its wholly-owned U.S. subsidiaries.
We review the data protection standards of every company who process our data. All have contracts in place which set out how they meet the standards required for GDPR.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please contact us via firstname.lastname@example.org or by write us to Fogal 2.0 SA, Place Longemalle 7 CH-1204 Geneva, Switzerland to inform us.
You have a number of rights over your personal information, which are:
- To know how your data is processed
- To access your data
- To stop or restrict certain processes
- To correct incorrect information
- To ask us to delete certain information
- To port data (porting is a technical way to say “transferring data to another data controller in an easy-to-read manner”)
- To access information about profiling or automated decision making
- To object to how we’re handling your personal data.
- To withdraw your consent at any time (in cases where we rely on your consent).
- Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.
Any requests to exercise User rights can be directed to Fogal through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by Fogal as early as possible and always within one month.
Because we know how important your personal data is to you, we do everything we can to respond to you in a timely fashion. Legally though, we have up to one calendar month from the date we get your request to reply to you (this deadline may be extended for very complex or large requests), as long as you have given us any information we need to confirm your identity and given us clarity about the relevant personal data you’re requesting and as long as we have not already responded to an identical or similar request within a very short timeframe.
Please bear in mind that if/when we get a request from you, we will need to balance your rights with the rules we have around processing your personal data. For legal reasons, we need to stick to the rules. If we can’t deal with your request, either in full or in part, we will explain our reasons clearly. To make it simple, we have one single point of contact for all your queries. Please see the Contact Us section below if you need to get in touch.
You can unsubscribe from further emails from us by using the unsubscribe button in every newsletter on any promotional e-mail that we send you, or by editing the contact preferences for your profile on our site. You can also unsubscribe from any post mailings by emailing us at email@example.com.
Our site may, from time to time, contain links to and from the websites of our partner networks and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
We are happy to answer any additional questions you might have about data privacy or other at firstname.lastname@example.org or by writing us to Fogal 2.0 SA, Place Longemalle 7 CH-1204 Geneva, Switzerland. You may also address a message to our data controller using the same email address.