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For individual or additional activities and operations, further data protection declarations as well as other legal documents such as general terms and conditions (GTC), terms of use or conditions of participation may apply.
We are subject to Swiss data protection law and any applicable foreign data protection law such as, in particular, that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognises that Swiss data protection law ensures adequate data protection.
1. Contact addresses
Responsibility for the processing of personal data:
David Allsworth, Fine Wine Fellows AG., Waldeggstrasse 12, CH-8962 Bergdietikon.
david@finewinefellows.com
We point out if there are other persons responsible for the processing of personal data in individual cases.
2. Terms and legal bases
2.1 definitions
Personal data is any information relating to an identified or identifiable individual. A data subject is a person about whom personal data are processed.
Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, acquisition, collection, deletion, storage, modification, destruction and use of personal data.
The European Economic Area (EEA) comprises the member states of the European Union (EU) as well as the Principality of Liechtenstein, Iceland and Norway. The General Data Protection Regulation (GDPR) refers to the processing of personal data as the processing of personal data.
2.2 legal basis
We process personal data in accordance with Swiss data protection law, in particular the Federal Act on Data Protection (FADP) and the Ordinance to the Federal Act on Data Protection (FADP).
We process personal data - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - in accordance with at least one of the following legal bases:
- Art. 6 para. 1 (b) of the GDPR for the necessary processing of personal data for the fulfilment of a contract with the data subject as well as for the implementation of pre-contractual measures.
- Art. 6 para. 1 (f) of the GDPR for the necessary processing of personal data in order to protect the legitimate interests of us or of third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests are, in particular, our interest in being able to carry out our activities and operations permanently, in a user-friendly, secure and reliable manner and to communicate about them, the guarantee of information security, protection against misuse, the enforcement of our own legal claims and compliance with Swiss law.
- Art. 6 para. 1 (c) of the GDPR for the necessary processing of personal data to comply with a legal obligation to which we are subject under any applicable law of Member States in the European Economic Area (EEA).
- Art. 6 para. 1 (e) of the GDPR for the necessary processing of personal data for the performance of a task which is in the public interest.
- Art. 6 para. 1 (a) of the GDPR for the processing of personal data with the consent of the data subject.
- Art. 6 para. 1 (d) of the GDPR for the necessary processing of personal data to protect the vital interests of the data subject or another natural person.
3. nature, scope and purpose
We process the personal data that is necessary to enable us to carry out our activities and operations in a sustainable, user-friendly, secure and reliable manner. In particular, such personal data may fall into the categories of inventory and contact data, browser and device data, content data, meta or marginal data and usage data, location data, sales data and contract and payment data.
We process personal data for the period of time necessary for the relevant purpose(s) or as required by law. Personal data whose processing is no longer required is anonymised or deleted.
We may have personal data processed by third parties. We may process personal data jointly with third parties or transmit it to third parties. Such third parties are, in particular, specialised providers whose services we use. We also guarantee data protection for such third parties.
We only process personal data with the consent of the data subject, unless the processing is permitted for other legal reasons. Processing without consent may be permissible, for example, for the fulfilment of a contract with the data subject and for corresponding pre-contractual measures, in order to protect our overriding legitimate interests, because the processing is evident from the circumstances or after prior information.
In this context, we process in particular information that a data subject voluntarily provides to us when contacting us - for example, by letter, email, instant messaging, contact form, social media or telephone - or when registering for a user account. We may store such information, for example, in an address book, in a customer relationship management system (CRM system) or with comparable tools. If we receive data about other persons, the transmitting persons are obliged to guarantee data protection with regard to these persons and to ensure the accuracy of this personal data.
4. applications
We process personal data about applicants to the extent that it is necessary for the assessment of suitability for an employment relationship or for the subsequent performance of an employment contract. The necessary personal data results in particular from the information requested, for example in the context of a job advertisement. We also process personal data that applicants voluntarily provide or publish, in particular as part of cover letters, CVs and other application documents as well as online profiles.
If and to the extent that the General Data Protection Regulation (GDPR) is applicable, we process personal data about applicants in particular in accordance with Art. 9 Para. 2 (b) of the GDPR.
We also process personal data that we receive from third parties, obtain from publicly accessible sources or collect in the course of our activities and operations, if and to the extent that such processing is permitted for legal reasons.
5. personal data abroad
We process personal data in Switzerland and in the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular to process it or have it processed there.
We may export personal data to all states and territories on earth as well as elsewhere in the universe, provided that the law there guarantees adequate data protection according to the assessment of the Federal Data Protection and Information Commissioner (FDPIC) or according to the decision of the Swiss Federal Council and - if and insofar as the General Data Protection Regulation (GDPR) is applicable - according to the decision of the European Commission.
We may transfer personal data to countries whose law does not ensure adequate data protection, provided that data protection is ensured for other reasons, in particular on the basis of standard data protection clauses or with other appropriate safeguards. By way of exception, we may export personal data to countries without adequate or appropriate data protection if the special data protection law requirements are met, for example the express consent of the data subjects or a direct connection with the conclusion or performance of a contract. We will be happy to provide data subjects with information about any guarantees or a copy of any warranties on request.
6. rights of data subjects
Data subjects about whom we process personal data have rights under Swiss data protection law. These include the right to information as well as the right to correction, deletion or blocking of the personal data processed.
Data subjects whose personal data we process may - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - request confirmation free of charge as to whether we are processing personal data relating to them. In this case, data subjects may request information about the processing of their personal data, have the processing of their personal data restricted, exercise their right to data portability and have their personal data corrected, deleted ("right to be forgotten"), blocked or completed.
Data subjects whose personal data we process may - if and insofar as the GDPR applies - revoke consent they have given at any time with effect for the future and object to the processing of their personal data at any time.
Data subjects about whom we process personal data have a right of appeal to a competent supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).
7. Data security
We take appropriate technical and organisational measures to ensure data security commensurate with the risk involved. However, we cannot guarantee absolute data security.
Our website is accessed using transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers indicate transport encryption with a padlock in the address bar.
Our digital communication is subject - as is basically all digital communication - to mass surveillance without cause or suspicion and other monitoring by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We cannot directly influence the corresponding processing of personal data by secret services, police agencies and other security authorities.
8. Use of the website
8.1 Cookies
We may use cookies. Cookies - our own cookies (first-party cookies) as well as cookies from third parties whose services we use (third-party cookies) - are data that are stored in the browser. Such stored data need not be limited to traditional cookies in text form.
Cookies can be stored in the browser temporarily as "session cookies" or for a certain period of time as so-called permanent cookies. "Session cookies" are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. Cookies make it possible in particular to recognise a browser the next time it visits our website and thus, for example, to measure the reach of our website. However, permanent cookies can also be used for online marketing, for example.
Cookies can be completely or partially deactivated and deleted in the browser settings at any time. Without cookies, our website may no longer be fully available. We actively request - at least if and to the extent necessary - express consent to the use of cookies.
In the case of cookies used for performance and reach measurement or for advertising, a general objection ("opt-out") is possible for numerous services via AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).
8.2 Server log files
We may collect the following information for each access to our website, provided that this information is transmitted by your browser to our server infrastructure or can be determined by our web server: Date and time including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including amount of data transferred, website last accessed in the same browser window (referer or referrer).
We store such information, which may also constitute personal data, in server log files. This information is necessary in order to provide our website in a permanent, user-friendly and reliable manner and to ensure data security and thus in particular the protection of personal data - also by third parties or with the help of third parties.
8.3 Tracking pixels
We may use tracking pixels on our website. Tracking pixels are also referred to as web beacons. Tracking pixels - including those provided by third parties whose services we use - are small, usually invisible images that are automatically retrieved when you visit our website. Pixel trackers can be used to collect the same information as server log files.
9. Notifications and messages
We send notifications and communications by email and through other communication channels such as instant messaging or SMS.
9.1 Performance and reach measurement
Notifications and communications may contain web links or tracking pixels that record whether an individual communication has been opened and which web links have been clicked. Such web links and tracking pixels may also track usage of notifications and communications on a personal basis. We need this statistical recording of usage for performance and reach measurement in order to be able to send notifications and messages effectively and in a user-friendly manner based on the needs and reading habits of the recipients, as well as permanently, securely and reliably.
9.2 Consent and objection
In principle, you must expressly consent to the use of your e-mail address and other contact addresses, unless the use is permitted for other legal reasons. For any consent we use the "double opt-in" procedure where possible, i.e. you will receive an e-mail with a web link which you must click to confirm so that no misuse by unauthorised third parties can take place. We may log such consents including Internet Protocol (IP) address, date and time for evidence and security reasons.
In principle, you can object to receiving notifications and communications such as newsletters at any time. With such an objection, you can at the same time object to the statistical recording of use for performance and reach measurement. This is without prejudice to necessary notifications and communications in connection with our activities and operations.
9.3 Service providers for notifications and communications
We send notifications and communications using specialist service providers.
In particular, we use:
- Mailchimp: communication platform; provider: The Rocket Science Group LLC DBA Mailchimp (USA) as a subsidiary of Intuit Inc (USA); data protection information: privacy policy (Intuit) including "Country and Region-Specific Terms", "Mailchimp Privacy Frequently Asked Questions", "Mailchimp and European Data Transfers", "Security", Cookie Policy, "Privacy Rights Requests", "Legal Provisions".
10. Social media
We are present on social media platforms and other online platforms in order to communicate with interested persons and to provide information about our activities and operations. In connection with such platforms, personal data may also be processed outside Switzerland and the European Economic Area (EEA).
The General Terms and Conditions (GTC) and Terms of Use as well as data protection declarations and other provisions of the individual operators of such platforms also apply in each case. These provisions inform in particular about the rights of data subjects directly vis-à-vis the respective platform, which includes, for example, the right to information.
For our social media presence on Facebook, including the so-called Page Insights, we are jointly responsible with Meta Platforms Ireland Limited (Ireland) - if and to the extent that the General Data Protection Regulation (GDPR) is applicable. Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). Page Insights provide information about how visitors interact with our Facebook presence. We use Page Insights to provide our social media presence on Facebook in an effective and user-friendly way.
Further information on the type, scope and purpose of data processing, information on the rights of data subjects and the contact details of Facebook as well as Facebook's data protection officer can be found in Facebook's privacy policy. We have concluded the so-called "Responsible Party Addendum" with Facebook and have thus agreed in particular that Facebook is responsible for ensuring the rights of data subjects. For the so-called Page Insights, the corresponding information can be found on the page "Information on Page Insights" including "Information on Page Insights Data".
11. Third party services
We use the services of specialised third parties to enable us to carry out our activities and operations in a durable, user-friendly, secure and reliable manner. Such services allow us, among other things, to embed functions and content on our website. In the case of such embedding, the services used record the Internet Protocol (IP) addresses of the users at least temporarily for technically compelling reasons.
For necessary security-related, statistical and technical purposes, third parties whose services we use may process data in connection with our activities and operations in aggregated, anonymised or pseudonymised form. This is, for example, performance or usage data in order to be able to offer the respective service.
We use in particular:
- Services from Google: Providers: Google LLC (USA) / Google Ireland Limited (Ireland) for users in the European Economic Area (EEA) and Switzerland; General information on data protection: "Privacy and security principles", data protection statement, "Google is committed to complying with applicable data protection laws", "Guide to data protection in Google products", "How we use data from websites or apps on or in which our services are used" (information from Google), "Types of cookies and other technologies used by Google", "Personalised advertising" (activation / deactivation / settings).
11.1 Digital infrastructure
We use the services of specialised third parties to provide us with the digital infrastructure we need in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers.
11.2 Mapping
We use third party services to enable us to embed maps on our website.
In particular, we use:
- Google Maps including Google Maps Platform: mapping service; provider: Google; Google Maps specific claims: "How Google uses location information".
11.3 Digital audio and video content
We use services provided by specialised third parties to enable the direct playback of digital audio and video content such as music or podcasts.
In particular, we use:
- YouTube: Video platform; Provider: Google; YouTube specific information: "Privacy and Security Center", "My Data on YouTube".
11.4 Fonts
We use third party services to embed selected fonts as well as icons, logos and symbols on our website.
In particular, we use:
- Font Awesome: Icons and logos; Provider: Fonticons Inc. (USA); Data protection information: Privacy policy.
- fonts.com: Fonts; Provider: Monotype Imaging Holdings Inc. (USA); Privacy policy: "Your Privacy", Privacy Policy, "Web Font Tracking Privacy Policy".
11.5 E-commerce
We engage in e-commerce and use third party services to successfully provide services, content or goods.
11.6 Payments
We use specialised service providers to process payments from our customers securely and reliably. The legal texts of the individual service providers, such as the General Terms and Conditions (GTC) or data protection declarations, also apply to the processing of payments.
We use in particular:
- Worldline (formerly SIX Payment Services): Processing of mobile and online payments; Providers: Worldline Schweiz AG (Switzerland) / Worldline Financial Services (Europe) S.A. (Luxembourg) / Worldline Payment Services (Germany) GmbH (Germany) / Worldline Financial Services (Europe) S.A., Branch Office Austria; Data protection information: Data protection declaration, "Customer information on data protection".
11.7 Advertising
We use the possibility of displaying targeted advertising for our activities and operations on third parties such as social media platforms and search engines.
With such advertising, we would like to reach in particular people who are already interested in our activities and operations or who might be interested in them (remarketing and targeting). For this purpose, we may transmit corresponding - possibly also personal - information to third parties that enable such advertising. We can also determine whether our advertising is successful, i.e. in particular whether it leads to visits to our website (conversion tracking).
Third parties with whom we advertise and where you are registered as a user may be able to assign the use of our online offer to your profile there.
In particular, we use:
- Facebook advertising (Facebook Ads): Social media advertising; Providers: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); data protection information: remarketing and targeting, in particular with the Facebook pixel, as well as Custom Audiences including Lookalike Audiences, data protection statement, "advertising preferences" (user registration required).
- Google Ads: Search engine advertising; Provider: Google; Google Ads-specific information: Advertising based on search queries, among other things, using different domain names - in particular doubleclick.net, googleadservices.com and googlesyndication.com - for Google Ads, "Advertising" (Google), "Why do I see a certain ad?".
- Instagram Ads: social media advertising; provider: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); data protection information: remarketing and targeting in particular with Facebook Pixel as well as Custom Audiences including Lookalike Audiences, data protection declaration (Instagram), data protection declaration (Facebook), "Advertising preferences" (Instagram) (user registration required), "Advertising preferences" (Facebook) (user registration required).
-LinkedIn Ads: Social media advertising; Provider: LinkedIn Corporation (USA) / LinkedIn Ireland Unlimited Company (Ireland); Data protection information: Remarketing and targeting with the LinkedIn Insight Tag, "Data protection", Privacy policy, Cookie policy, Objection to personalized advertising.
12. Performance and reach measurement
We use services and programmes to determine how our online offering is used. For example, we may measure the success and reach of our activities and operations and the impact of third party links to our website. However, we can also, for example, test and compare how different versions of our online offer or parts of our online offer are used ("A/B test" method). Based on the results of the performance and reach measurement, we can in particular correct errors, strengthen popular content or make improvements to our online offer.
When using services and programmes for performance and reach measurement, the Internet Protocol (IP) addresses of individual users must be stored. IP addresses are always shortened ("IP masking") in order to follow the principle of data economy through the corresponding pseudonymisation and thus to improve user data protection.
When using services and programmes for performance and reach measurement, cookies may be used and user profiles may be created. User profiles include, for example, the pages visited or content viewed on our website, information on the size of the screen or browser window and the - at least approximate - location. As a matter of principle, user profiles are only created pseudonymously. We do not use user profiles to identify individual users.
Individual services of third parties with which users are registered can, if necessary, assign the use of our online offer to the user account or user profile with the respective service.
We use in particular:
- Google Analytics: performance and reach measurement; provider: Google; Google Analytics-specific data: Measurement also across different browsers and devices (cross-device tracking) as well as with pseudonymised Internet Protocol (IP) addresses, which are only transmitted in full to Google in the USA in exceptional cases, "Data protection", "Browser add-on to deactivate Google Analytics".
- Google Tag Manager: Integration and management of other services for performance and reach measurement as well as other services from Google and third parties; provider: Google; Google Tag Manager-specific information: "Data collected with Google Tag Manager"; further information on data protection can be found with the individual integrated and managed services.
- Hotjar: Recording of user behaviour; Provider: Hotjar Ltd. (Malta); Data protection information: Recording without reference to individual website visitors, for example with regard to movements and clicks with a mouse or other input option, "Your Privacy & Hotjar", data protection declaration, cookie policy, objection to collection by Hotjar ("Do Not Track: Do you want to tell Hotjar not to collect your data?").
13. Final provisions
We have created this data protection declaration with the data protection generator of Datenschutzpartner.
We can adapt and supplement this data protection declaration at any time. We will inform about such adjustments and additions in an appropriate form, in particular by publishing the respective current data protection declaration on our website.
This privacy statement informs you about the personal data we process in connection with our activities and operations, including our https://www.finewinefellows.com/ website. In particular, we provide information on what personal data we process, for what purpose, how and where. We also provide information about the rights of persons whose data we process.
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