1. Controller and content of this privacy policy

We, Tabakino GmbH, are the operator of the websites tabakino.ch (hereinafter "website") and are, unless otherwise stated, responsible for the data processing operations listed in this privacy policy. So that you know which personal data we collect from you and for what purposes we use it, please take note of the information below. In matters of data protection, we are guided primarily by the legal requirements of Swiss data protection law, in particular the Federal Act on Data Protection (FADP). Please note that the following information is reviewed and changed from time to time. We therefore recommend that you consult this privacy policy regularly. Furthermore, for some of the data processing operations listed below, other companies are responsible under data protection law or are jointly responsible with us, so that in these cases the information provided by these providers is also authoritative.

 

2. Data protection contact person

If you have any questions about data protection or wish to exercise your rights, please contact our data protection contact person by sending an e-mail to the following address: info@tabakino.ch

 

3. Rights

Provided that the legal requirements are met, you have the following rights as a person affected by data processing:

Right to information: You have the right to request access to the personal data we have stored about you at any time and free of charge, provided that we are processing it. This gives you the opportunity to check which personal data we are processing about you and that we are using it in accordance with applicable data protection regulations.

Right to rectification: You have the right to have incorrect or incomplete personal data corrected and to be informed about the correction. In this case, we will inform the recipients of the data concerned about the adjustments made, unless this is impossible or involves disproportionate effort.

Right to erasure: You have the right to have personal data deleted under certain circumstances. In individual cases, particularly in the event of statutory retention obligations, the right to erasure may be excluded. In this case, the data may be blocked instead of deleted if the relevant requirements are met.

Right to restriction of processing: You have the right to demand that the processing of personal data be restricted.

Right to data portability: You have the right to receive the personal data that has been provided to us in a readable format, free of charge.

Right to object: You may object to data processing at any time, in particular for data processing in connection with direct marketing (e.g. advertising e-mails).

Right to withdraw consent: In principle, you have the right to withdraw your consent at any time. However, processing activities based on consent in the past do not become unlawful due to the withdrawal.

To exercise these rights, please send us an e-mail to the following address: info@tabakino.ch
Right to lodge a complaint: You have the right to lodge a complaint with a competent supervisory authority, e.g. regarding the manner in which your personal data is processed.

 

4. Data security 

We use appropriate technical and organisational security measures to protect the personal data stored by us against loss and unlawful processing, in particular unauthorised access by third parties. Our employees and the service companies commissioned by us are obliged by us to maintain confidentiality and to comply with data protection. Furthermore, these persons are only granted access to personal data to the extent necessary to fulfil their tasks. Our security measures are continuously adapted in line with technological developments. However, the transmission of information via the internet and electronic means of communication always carries certain security risks, and we cannot provide an absolute guarantee for the security of information transmitted in this way. Right to lodge a complaint: You have the right to lodge a complaint with a competent supervisory authority, e.g. regarding the manner in which your personal data is processed.

 

5. Contacting us

If you contact us via our contact addresses and channels (e.g. by e-mail, telephone or contact form), personal data will be processed. The data you have provided to us, e.g. name, e-mail address or telephone number and query, will be processed. In addition, the time the request was received is documented. Mandatory fields in contact forms are marked with an asterisk (*).
We process this data exclusively to implement your request (e.g. providing information about a product, support with contract processing, such as returning products).

 

6. Use of your data for marketing purposes

6.1 Central data storage and analysis in the CRM system (Customer Relationship Management system)

Provided that a clear assignment to your person is possible, we will store and link the data described in this privacy policy, i.e. in particular personal details, contact details, contract data and surfing behaviour on our websites, in a central database. This serves the efficient management of customer data and allows us to answer queries adequately and enables the efficient provision of the desired services and the processing of the associated contracts. We evaluate this data in order to further develop our offers according to your needs and to display and suggest the most relevant information and offers possible. We also use methods that predict potential interests and future orders based on website usage.

 

6.2 E-mail marketing and newsletters

If you register for our e-mail newsletter (e.g. when opening a customer account or within the customer account), your e-mail address will be saved. Mandatory fields are marked with an asterisk (*) on the registration form. To prevent abuse and ensure that the owner of an e-mail address has actually given their consent themselves, we use the so-called double opt-in procedure for registration by customers who cannot be clearly identified. In this case, you will receive an e-mail from us after submitting your registration, which contains a confirmation link. To finally register for the newsletter, you must click on this link. If you do not click on the confirmation link within the specified period, your data will be deleted again and you will not receive our newsletter at this address. By registering, you consent to the processing of this data in order to receive messages from us about our company and our offers from various areas. This may also include behaviour-based or personalised content as well as invitations to participate in competitions or to rate one of the aforementioned products and services. The collection of your e-mail address allows us to verify the assignment of the registration to a potentially existing customer number. Linking this to a customer account helps us to make the offers and content contained in the newsletter more relevant and better tailored to potential needs. We use data for e-mail dispatch until consent is withdrawn. You can withdraw your consent at any time, in particular via the unsubscribe link in all our marketing e-mails. Our marketing e-mails may contain a so-called web beacon or 1x1 pixel (tracking pixel) or similar technical tools. A web beacon is an invisible graphic that is linked to the user ID of the respective newsletter subscriber. For every marketing e-mail sent, we receive information on which addresses have not yet received the e-mail, which addresses it was sent to, and which addresses the delivery failed for. It also shows which addresses have opened the e-mail and which links have been clicked. Finally, we also receive information on which addresses have unsubscribed. We use this data for statistical purposes and to optimise marketing e-mails with regard to frequency, time, structure and content. This allows us to better tailor the information and offers in our e-mails to the individual interests of the recipients.
The web beacon is deleted when the e-mail is deleted. To prevent the use of web beacons in our marketing e-mails, please configure the parameters of your e-mail program so that HTML is not displayed in messages, if this is not already the case by default. You can find information on how to configure this setting in the help sections of your e-mail software. By registering for the newsletter, you also consent to the statistical analysis of user behaviour for the purpose of optimising and adapting the newsletter.

 

7. Disclosure to third parties and access by third parties

We could not provide our offers in the desired form without the support of other companies. In order for us to use the services of these companies, a certain amount of disclosure of personal data is also necessary. Such disclosure occurs in particular to the extent necessary to fulfil the requested contract, i.e. for example to the logistics or transport companies that deliver the desired products. Disclosure also takes place to selected service providers and only to the extent necessary for the provision of the service. Various third-party service providers are also already explicitly mentioned in this privacy policy, e.g. in the sections on marketing. These are, for example, IT service providers (such as providers of software solutions), advertising agencies, and consulting firms.
Furthermore, data may be disclosed, particularly to authorities, legal advisors or debt collection agencies, if we are legally obliged to do so or if this is necessary to protect our rights, in particular to enforce claims arising from the relationship. Data may also be disclosed if another company intends to acquire our company or parts thereof, and such disclosure is necessary for carrying out a due diligence audit or for the execution of the transaction.

 

8. Transfer of personal data abroad

We are entitled to transfer personal data to third parties abroad, provided this is necessary for carrying out the data processing operations mentioned in this privacy policy (see in particular sections 12-15). In doing so, the legal provisions regarding the disclosure of personal data to third parties are, of course, complied with. If the country in question does not have an adequate level of data protection, we ensure through contractual arrangements that your data is adequately protected by these companies.

 

9. Retention periods

We only store personal data for as long as is necessary to carry out the processing described in this privacy policy within the framework of our legitimate interest. For contract data, storage is prescribed by statutory retention obligations. Requirements that oblige us to store data arise from accounting regulations and tax law. According to these regulations, business communication, concluded contracts, and accounting documents must be kept for up to 10 years. As soon as we no longer require this data to perform the services, the data will be blocked. This means that the data may then only be used if this is necessary to fulfil retention obligations or to defend and enforce our legal interests. Data is deleted as soon as there is no longer any retention obligation and no legitimate interest in retaining it.

 

10. Logfile data

When you visit our website, our servers temporarily store every access in a log file. The following data is recorded without any action on your part and stored by us until automated deletion:

The IP address of the requesting computer, the date and time of access, the name and URL of the file accessed, the status code (e.g. error message), the website from which access took place, possibly with the search word used, the operating system of your computer or mobile phone and the browser you are using (including type, version and language settings), the transmission protocol used (e.g. HTTP/1.1), device type, in the case of access via mobile phones, the city or region from which access took place. The collection and processing of this data is for the purpose of enabling the use of our website (connection establishment), ensuring system security and stability on a permanent basis, as well as for error and performance analysis and enables us to optimise our website (cf. also section 13 regarding the latter points). In the event of an attack on the network infrastructure of the website or in the event of suspicion of other unauthorised or abusive website use, the IP address as well as other data will be evaluated for clarification and defence, and if necessary, used within the framework of criminal proceedings for identification and for civil and criminal proceedings against the users concerned.
Finally, when you visit our website, we use cookies as well as applications and tools that are based on the use of cookies. In this context, the data described here can also be processed. Further details on this can be found in the following sections of this privacy policy, in particular section 11.

 

11. Cookies

Cookies are information files that the web browser saves on your computer's hard drive or memory when our website is visited. Cookies are assigned identification numbers via which the browser can be identified and the information contained in the cookie can be read out.
Cookies help, among other things, to make your visit to our website easier, more pleasant and more meaningful. We use cookies for various purposes that are required for the use of the website you desire, i.e. they are "technically necessary". For example, we use cookies to be able to identify you as a registered user after a login, without you having to log in again when navigating between different subpages. The provision of the shopping cart and order function is also based on the use of cookies. Furthermore, cookies also perform other technical functions necessary for the operation of the website, such as so-called load balancing, i.e. the distribution of the site's performance load across different web servers to relieve the servers. Cookies are also used for security purposes, e.g. to prevent the unauthorised posting of content. Finally, we also use cookies in the design and programming of our website, e.g. to enable the uploading of scripts or codes.
Most internet browsers accept cookies automatically. You can configure your browser so that no cookies are saved on your computer or so that a notification always appears when you receive a new cookie. Disabling cookies may lead to you not being able to use all functions of our website.

 

13. Tracking and web analysis tools

13.1 General information on tracking

For the purpose of demand-oriented design and continuous optimisation of our website, we use the web analysis services listed below. In this context, pseudonymised user profiles are created and cookies are used (please also note section 11). The information generated by the cookie about your use of this website is generally transmitted to a server of the service provider, stored there and processed, together with the logfile data listed in section 10. This may also involve a transfer to servers abroad, e.g. the USA (cf. section 8, especially regarding the guarantees provided). Through the processing of the data, we receive the following information, among others:
Navigation path taken by a visitor on the site (incl. viewed content and selected or purchased products), duration of stay on the website or subpage, the subpage on which the website is exited, the country, region or city from which access takes place, device (type, version, colour depth, resolution, width and height of the browser window) and returning or new visitor. On our behalf, the provider will use this information to evaluate the use of the website, to compile reports on website activities for us, and to provide other services related to website usage and internet usage for the purposes of market research and demand-oriented design of these web pages. For this processing, we and the providers can be considered as joint controllers under data protection law to a certain extent.
You have the option to block all tracking links comprehensively via this link. Please note that a cookie is set for this purpose. The use of the online shop is not affected by this blocking. You can reject or switch off the relevant cookies in your web browser's settings (see section 11) or make use of the service-specific options described below.
For the further processing of data by the respective provider as a (sole) controller under data protection law, in particular any transfer of this information to third parties such as authorities based on national legal regulations, please observe the respective data protection notices of the provider.

 

14. Registration for a customer account

If you create a customer account on our website, we collect the following data, with mandatory fields in the corresponding form marked with an asterisk (*): Personal details such as title, surname, first name, billing and delivery address, date of birth, company, company address, telephone number (optional); login data such as: e-mail address, password; other details such as: languages, gender. We use the personal details to establish your identity and to check the requirements for registration. The e-mail address and password together serve as login data to ensure that the correct person is using the website under your details. We also require your e-mail address to verify and confirm the account opening and for future communication with you required for contract processing. Furthermore, this data is stored in the customer account for future contract conclusions.

 

15. Ordering products

If you wish to order products or book services on the website, we require various data to process the contract. If you do not log in with your customer account (see section 14), we collect the following data – depending on the product or service – with mandatory fields in the corresponding form marked with an asterisk (*): title, surname, first name, billing and delivery address, e-mail address, date of birth, company, company address. We use this data to establish your identity before concluding a contract. We also require your e-mail address to confirm your order and for future communication with you required for contract processing. We store your data together with the peripheral data of the order (e.g., time, order number), the data on the ordered/booked services (e.g., description, price, and features of the product; "product data"), the data on payment (e.g., selected payment method, confirmation of payment, and time; see also section 19), as well as details on the processing and fulfillment of the contract (e.g., return of products) in our CRM database (see section 6.1 in this regard) so that we can ensure correct order processing and contract fulfillment. Insofar as this is necessary for the fulfillment of the contract, we will also pass on the required information to any third-party service providers (e.g., transport companies). The provision of data that is not marked as mandatory is voluntary. We process this data in order to tailor our offer to your personal needs as best as possible, to facilitate the processing of contracts, to contact you via an alternative communication channel if necessary with regard to contract fulfillment, or for statistical recording and evaluation to optimize our offers.

 

16. Online payment processing

If you purchase services or products for a fee on our website, the provision of further data is required depending on the product or service and the desired payment method – in addition to the information mentioned in section 15 – such as your credit card information or your login with your payment service provider. This information, as well as the fact that you have purchased a service from us for the relevant amount and at the relevant time, is forwarded to the respective payment service providers (e.g., providers of payment solutions, credit card issuers, and credit card acquirers). Always pay attention to the information provided by the respective company, in particular their privacy policy and general terms and conditions.