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1) Information on the Collection of Personal Data and
Contact Details of the Controller
1.1 We
are pleased that you are visiting our website and thank you for your interest.
On the following pages, we inform you about the handling of your personal data when
using our website. Personal data is all data with which you can be personally
identified.
1.2 The
controller in charge of data processing on this website, within the meaning of
the General Data Protection Regulation (GDPR), is Amare Trading GmbH, Huegelstrasse
14, 8002 Zurich, Switzerland, Phone.: +41766294636, e-mail: info@gemsofamare.com.
The controller in charge of the processing of personal data is the natural or
legal person who alone or jointly with others determines the purposes and means
of the processing of personal data.
2) Data Collection When You Visit Our Website
2.1 When
using our website for information only, i.e. if you do not register or
otherwise provide us with information, we only collect data that your browser
transmits to our server (so-called "server log files"). When you
visit our website, we collect the following data that is technically necessary
for us to display the website to you:
Data
processing is carried out in accordance with Art. 6 (1) point f GDPR based on
our legitimate interest in improving the stability and functionality of our
website. The data will not be passed on or used in any other way. However, we
reserve the right to check the server log files subsequently, if there are any
concrete indications of illegal use.
2.2 This
website uses SSL or TLS encryption for security reasons and to protect the
transmission of personal data and other confidential content (e.g. orders or
inquiries to the controller). You can recognize an encrypted connection by the
character string https:// and the lock symbol in your browser line.
3) Cookies
To
make your visit to our website more attractive and to enable the use of certain
functions, we use cookies, i.e. small text files that are stored on your end
device. In some cases, these cookies are automatically deleted again after the
browser is closed (so-called "session cookies"), in other cases,
these cookies remain on your end device for longer and allow page settings to
be saved (so-called "persistent cookies"). In the latter case, you
can find the duration of the storage in the overview of the cookie settings of
your web browser.
If
personal data is also processed by individual cookies set by us, the processing
is carried out either in accordance with Art. 6 (1) point b GDPR for the
performance of the contract, in accordance with Art. 6 (1) point a GDPR in the
case of consent given or in accordance with Art. 6 (1) point f GDPR to
safeguard our legitimate interests in the best possible functionality of the
website as well as a customer-friendly and effective design of the page visit.
You
can set your browser in such a way that you are informed about the setting of
cookies and you can decide individually about their acceptance or exclude the
acceptance of cookies for certain cases or in general.
Please
note that the functionality of our website may be limited if cookies are not
accepted.
4) Contacting Us
When
you contact us (e.g. via contact form or e-mail), personal data is collected.
Which data is collected in the case of a contact form can be seen from the
respective contact form. This data is stored and used exclusively for the
purpose of responding to your request or for establishing contact and for the
associated technical administration.
The
legal basis for processing data is our legitimate interest in responding to
your request in accordance with Art. 6 (1) point f GDPR. If your contact is
aimed at concluding a contract, the additional legal basis for the processing
is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of
your enquiry; this is the case if it can be inferred from the circumstances
that the facts in question have been finally clarified, provided there are no
legal storage obligations to the contrary.
5) Data Processing When Opening a Customer Account and
for Contract Processing
Pursuant
to Art. 6 (1) point b GDPR, personal data will continue to be collected and
processed to the extent required in each case if you provide us with this data
when opening a customer account. The data required for opening an account can
be found in the input mask of the corresponding form on our website. Deletion
of your customer account is possible at any time and can be done by sending a
message to the above address of the person responsible. After deletion of your
customer account, your data will be deleted, provided that all contracts
concluded via it have been fully processed, no legal retention periods are
opposed and no legitimate interest on our part in the continued storage exists.
6) Use of Client Data for Direct Advertising
To receive our email newsletter, simply subscribe by providing your email
address. We'll send you periodic updates about our latest offers and
promotions. While your email address is required for newsletter delivery, any
additional information you provide is optional and helps us personalize our
communications to you.
We follow a double opt-in procedure for newsletter
subscriptions, meaning we only send you newsletters once you've explicitly
confirmed your consent to receive them. Upon registration, we collect and store
your IP address, along with the registration date and time, to prevent misuse
of your email address.
Your data collected during newsletter registration is
solely used for promotional purposes via the newsletter. You can easily
unsubscribe at any time by clicking the provided link in the newsletter or by
contacting us directly. Upon unsubscribing, your email address will be promptly
removed from our distribution list, unless you've expressly consented to
further data use or if legal regulations permit extended data use, of which
we'll duly inform you.
7) Processing of Data for the Purpose of Order Handling
7.1 Insofar
as necessary for the processing of the contract for delivery and payment
purposes, the personal data collected by us will be passed on to the
commissioned transport company and the commissioned credit institution in
accordance with Art. 6 Para. 1 lit. b GDPR.
If we
owe you updates for goods with digital elements or for digital products on the
basis of a corresponding contract, we will process the contact data (name,
address, e-mail address) provided by you when placing the order in order to
inform you personally by suitable means of communication (e.g. by post or
e-mail) about upcoming updates within the legally stipulated period of time
within the framework of our statutory duty to inform pursuant to Art. 6 Para. 1
lit. c GDPR. Your contact details will be used strictly for the purpose of
informing you about updates owed by us and will only be processed by us for
this purpose to the extent that this is necessary for the respective
information.
7.2 We
work with external shipping partners to fulfil our contractual obligations to
our customers. We pass on your name as well as your delivery address
exclusively for the purpose of delivering goods to a shipping partner selected
by us, pursuant to Art. 6 (1) point b GDPR.
8) Tools and Miscellaneous
This
website uses a so-called "cookie consent tool" to obtain effective
user consent for cookies and cookie-based applications that require consent.
The "cookie consent tool" is displayed to users in the form of an
interactive user interface when they access the page, on which consent for
certain cookies and/or cookie-based applications can be given by ticking the
appropriate box.
Using
the tool, all cookies/services requiring consent are only loaded if the
respective user provides the corresponding consent by ticking the corresponding
box. This ensures that such cookies are only set on the respective end device
of the user if consent has been granted.
The
tool sets technically necessary cookies to save your cookie preferences.
Personal user data is generally not processed.
If, in individual cases, personal data (such as the IP address) is processed
for the purpose of storing, assigning or logging cookie settings, this is done
in accordance with Art. 6 (1) point GDPR based on our legitimate interest in
legally compliant, user-specific and user-friendly consent management for
cookies and thus in a legally compliant design of our website.
Further legal basis for the processing is Art. 6 (1) point c GDPR. As the
responsible party, we are subject to the legal obligation to make the use of
technically unnecessary cookies dependent on the respective user consent.
Further information on the operator and the setting options of the cookie
consent tool can be found directly in the corresponding user interface on our
website.
9) Rights of the Data Subject
9.1 The
applicable data protection law grants you the following comprehensive rights of
data subjects (rights of information and intervention) vis-à-vis the data
controller with regard to the processing of your personal data:
9.2 RIGHT
TO OBJECT
IF,
WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL
DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT
ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS
THAT ARISE FROM YOUR PARTICULAR SITUATION.
IF YOU
EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED.
HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING
REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS,
FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT,
EXERCISE OR DEFEND LEGAL CLAIMS.
IF WE
PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO
OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR
DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU
EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR
DIRECT ADVERTISING PURPOSES.
10) Duration of Storage of Personal Data
The
duration of the storage of personal data is based on the respective legal
basis, the purpose of processing and - if relevant – on the respective legal
retention period (e.g. commercial and tax retention periods).
If personal
data is processed basis on an express consent pursuant to Art. 6 (1) point a
GDPR, this data is stored until the data subject revokes his consent.
If
there are legal storage periods for data that is processed within the framework
of legal or similar obligations on the basis of Art. 6 (1) point b GDPR, this
data will be routinely deleted after expiry of the storage periods if it is no
longer necessary for the fulfillment of the contract or the initiation of the
contract and/or if we no longer have a justified interest in further storage.
When
processing personal data on the basis of Art. 6 (1) point f GDPR, this data is
stored until the data subject exercises his right of objection in accordance
with Art. 21 (1) GDPR, unless we can provide compelling grounds for processing
worthy of protection which outweigh the interests, rights and freedoms of the
data subject, or the processing serves to assert, exercise or defend legal
claims.
If
personal data is processed for the purpose of direct marketing based on Art. 6
(1) point f GDPR, this data is stored until the data subject exercises his
right of objection pursuant to Art. 21 (2) GDPR.
Unless
otherwise stated in the information contained in this declaration on specific
processing situations, stored personal data will be deleted if it is no longer
necessary for the purposes for which it was collected or otherwise processed.