Privacy


Data protection

Responsible body in terms of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is

bird-spa.com
Therese & Mathias Korn
Than 1
6032 Emmen

Email shop@bird-spa.com

Website: https://www.bird-spa.com/


General remark

Based on Article 13 of the Swiss Federal Constitution and the federal data protection regulations (Data Protection Act, DSG), every person has the right to the protection of their privacy and protection from misuse of their personal data. The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

In cooperation with our hosting providers, we strive to protect the databases as well as possible from unauthorized access, loss, misuse or falsification.

We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.

By using this website, you consent to the collection, processing and use of data as described below. In principle, this website can be visited without registration. Data such as pages accessed or the name of the file accessed, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or email address, are collected on a voluntary basis as far as possible. The data will not be passed on to third parties without your consent.

Processing of personal data

Personal data is all information that relates to a specific or identifiable person. A data subject is a person about whom personal data is processed. Processing includes all handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, deletion, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. In addition, we process - to the extent and insofar as the EU GDPR is applicable - personal data in accordance with the following legal bases in connection with Art. 6 Paragraph 1 GDPR:

lit. a) Processing of personal data with the consent of the data subject.

lit.b) Processing of personal data to fulfill a contract with the data subject and to carry out corresponding pre-contractual measures.

lit. c) Processing of personal data to fulfill a legal obligation to which we are subject in accordance with any applicable law of the EU or in accordance with any applicable law of a country in which the GDPR is fully or partially applicable.

lit.d) Processing of personal data in order to protect the vital interests of the data subject or another natural person.

lit.f) Processing of personal data in order to safeguard the legitimate interests of us or of third parties, provided that the fundamental freedoms and rights and interests of the person concerned do not prevail. Legitimate interests are in particular our business interests in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.

We process personal data for the duration that is necessary for the respective purpose or purposes. In the case of longer storage obligations due to legal and other obligations to which we are subject, we limit the processing accordingly.


 Privacy policy for cookies

This site uses cookies. These are small text files that make it possible to save specific, user-related information on the user's device while they are using the website. Cookies make it possible in particular to determine the frequency of use and the number of users of the pages, to analyze the behavior of the page usage, but also to make our offer more customer-friendly. Cookies are stored beyond the end of a browser session and can be called up again when you visit the site again. If you do not want this, you should set your internet browser so that it refuses to accept cookies.

A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/ to be explained. Furthermore, the storage of cookies can be switched off in the browser settings can be achieved. Please note that then you may not be able to use all of the functions of this online offer.

Data protection declaration for SSL / TLS encryption

This website uses SSL / TLS encryption for security reasons and to protect the transmission of confidential content, such as the inquiries that you send to us as the website operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http: //" to "https: //" and by the lock symbol in your browser line.

If the SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.

 Data protection declaration for server log files

The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

Browser type and browser version

operating system used

Referrer URL

Host name of the accessing computer

Time of the server request

These data cannot be assigned to specific persons. This data will not be merged with other data sources. We reserve the right to check this data retrospectively if we become aware of specific indications of illegal use.

Third party services

This website uses Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam and YouTube for embedding videos.

These services of the American Google LLC use cookies, among other things, and as a result data is transmitted to Google in the USA, whereby we assume that no personal tracking takes place solely through the use of our website.

Google is committed to ensuring adequate data protection in accordance with the American-European and American-Swiss Privacy Shields.

Further information can be found in Google's data protection declaration.

Privacy policy for contact form

If you send us inquiries using the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the request and in case of follow-up questions. We do not pass on this data without your consent.

Data protection declaration for newsletter data

If you would like to receive the newsletter offered on this website, we need an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter . Further data is not collected. We use this data exclusively for sending the requested information and do not pass it on to third parties.

You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time, for example via the “unsubscribe” link in the newsletter.

Data protection declaration for the comment function on this website

For the comment function on this website, in addition to your comment, information about the time the comment was created, your e-mail address and, if you do not post anonymously, the username you have chosen will be saved.

Storage of the IP address

Our comment function saves the IP addresses of the users who write comments. Since we do not check comments on our site before they are activated, we need this data in order to be able to take action against the author in the event of legal violations such as insults or propaganda.

Subscribe to comments

As a user of the site, you can subscribe to comments after registering. You will receive a confirmation email to check that you are the owner of the email address provided. You can unsubscribe from this function at any time via a link in the info mails.

Data Subject Rights

Right to confirmation

Every data subject has the right to request confirmation from the operator of the website as to whether personal data concerning data subjects are being processed. If you would like to make use of this right of confirmation, you can contact the data protection officer at any time.

Right to information

Any person affected by the processing of personal data has the right to receive free information from the operator of this website about the personal data stored about him and a copy of this information at any time. In addition, the following information can be provided if necessary:

  • the purposes of processing
  • the categories of personal data that are processed
  • the recipients to whom the personal data have been disclosed or are still being disclosed
  • The data are stored or, if this is not possible, the criteria for determining this duration
  • the existence of a right to correction or deletion of the personal data concerning you or to restriction of processing by the person responsible or a right to object to this processing
the right to lodge a complaint with a supervisory authority
if the personal data are not collected from the data subject: All available information on the origin of the data
Furthermore, the data subject has the right to information as to whether personal data has been transmitted to a third country or to an international organization. If this is the case, the data subject has the right to receive information about the appropriate guarantees in connection with the transmission.
If you would like to make use of this right to information, you can contact our data protection officer at any time.
Right to rectification
Every person affected by the processing of personal data has the right to request the immediate correction of incorrect personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data - including by means of a supplementary declaration.
If you would like to exercise this right to correction, you can contact our data protection officer at any time.
Right to erasure (right to be forgotten)
Every person affected by the processing of personal data has the right to demand that the person responsible for this website delete the personal data relating to them immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:
The personal data were collected or otherwise processed for purposes for which they are no longer necessary
The data subject revokes their consent on which the processing was based and there is no other legal basis for the processing
The person concerned objects to the processing for reasons that arise from their particular situation and there are no overriding legitimate reasons for the processing, or the person concerned objects to the processing in the case of direct mail and associated profiling
The personal data was processed unlawfully
The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which the person responsible is subject
The personal data was collected in relation to information society services offered that were made directly to a child
If one of the above reasons applies and you want to have personal data stored by the operator of this website deleted, you can contact our data protection officer at any time. The data protection officer for this website will arrange for the request for deletion to be complied with immediately.
Right to restriction of processing
Every person affected by the processing of personal data has the right to request the person responsible for this website to restrict the processing if one of the following conditions is met:
The correctness of the personal data is contested by the data subject for a period that enables the person responsible to check the correctness of the personal data
The processing is unlawful, the person concerned refuses to delete the personal data and instead requests that the use of the personal data be restricted
The person responsible no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims
The data subject has lodged an objection to the processing for reasons that arise from their particular situation and it has not yet been determined whether the legitimate reasons of the person responsible outweigh those of the data subject
If one of the above conditions is met, you can request the restriction of personal data stored by the operator of this website, you can contact our data protection officer at any time. The data protection officer of this website will arrange for the processing to be restricted.
Right to data portability
Every person affected by the processing of personal data has the right to object to their personal data in a structured, commonly used and machine-readable format. You also have the right to have this data transmitted to another person responsible if the legal requirements are met.
Furthermore, the person concerned has the right to have the personal data transmitted directly from one person in charge to another person in charge, insofar as this is technically feasible and provided that this does not impair the rights and freedoms of other persons.
To assert the right to data portability, you can contact the data protection officer appointed by the operator of this website at any time.
Right to object
Every person affected by the processing of personal data has the right to object to the processing of personal data concerning them at any time for reasons that arise from their particular situation.
The operator of this website will no longer process the personal data in the event of an objection, unless we can prove compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the data subject, or if the processing requires the assertion, exercise or Serves defense of legal claims.
To exercise the right to object, you can contact the data protection officer for this website directly.
Right to withdraw consent under data protection law
Every person affected by the processing of personal data has the right to withdraw consent given to the processing of personal data at any time.
If you would like to assert your right to withdraw your consent, you can contact our data protection officer at any time.
Data protection declaration for objection to advertising mails
We hereby object to the use of the contact data published as part of the imprint obligation for sending unsolicited advertising and information materials. The operators of the pages expressly reserve the right to take legal action in the event of unsolicited sending of advertising information, such as spam e-mails.
Paid services
For the provision of chargeable services, we ask for additional data, such as payment details to process your order or To be able to carry out your order. We store this data in our systems until the statutory retention periods have expired.
Data protection declaration for Google Analytics
This website uses Google Analytics, a web analysis service from Google Ireland Limited. If the person responsible for data processing on this website is outside the European Economic Area or Switzerland, Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as “Google”.
We can use the statistics obtained to improve our offer and make it more interesting for you as a user. This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. If you have a Google user account, you can deactivate the cross-device analysis of your usage in the settings there under “My data”, “Personal data”.
The legal basis for the use of Google Analytics is Article 6, Paragraph 1, Sentence 1, Letter f of the GDPR. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. We would like to point out that on this website Google Analytics has added the code «_anonymizeIp ();» has been extended to ensure an anonymous collection of IP addresses. As a result, IP addresses are further processed in abbreviated form, so that personal references can be ruled out. If the data collected about you can be linked to a person, this will be excluded immediately and the personal data will be deleted immediately.
The full IP address will only be transmitted to a Google server in the USA and shortened there in exceptional cases. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website activity and internet usage. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
Google Analytics uses cookies. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. You can save the cookies by and prevent the corresponding setting of your browser software; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading the browser plug-in available under the following link and install: Deactivate Google Analytics.
You can also prevent the use of Google Analytics by clicking on this link: Deactivate Google Analytics. This saves a so-called opt-out cookie on your data carrier, which prevents the processing of personal data by Google Analytics. Please note that if you delete all cookies on your device, these opt-out cookies will also be deleted, i.e. you will have to set the opt-out cookies again if you want to continue to prevent this form of data collection. The opt-out cookies are set per browser and computer / device and must therefore be activated separately for each browser, computer or other device.
External payment service providers
This website uses external payment service providers, through whose platforms the users and we can carry out payment transactions. For example about
  • PostFinance (https://www.postfinance.ch/de/detail/rechtliches-barrierefreiheit.html)
  • Visa (https://www.visa.de/nutzungsbedingungen/visa-privacy-center.html)
  • Mastercard (https://www.mastercard.ch/de-ch/datenschutz.html)
  • American Express (https://www.americanexpress.com/de/legal/online-datenschutzerklarung.html)
  • PayPal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full)
  • Bexio AG (https://www.bexio.com/de-CH/datenschutz)
  • Payrexx AG (https://www.payrexx.ch/site/assets/files/2592/datenschutzerklaerung.pdf)
  • Apple Pay (https://support.apple.com/de-ch/ht203027)
  • Stripe (https://stripe.com/ch/privacy)
  • Klarna (https://www.klarna.com/de/datenschutz/)
  • Skrill (https://www.skrill.com/de/fusszeile/datenschutzpolitik/)
  • Giropay (https://www.giropay.de/rechtliches/datenschutzerklaerung) etc.
As part of the fulfillment of contracts, we use the payment service providers on the basis of the Swiss data protection regulation and, if necessary, Article 6 (1) lit. b. EU GDPR. In addition, we use external payment service providers on the basis of our legitimate interests in accordance with the Swiss Data Protection Regulation and, if necessary, in accordance with Article 6 (1) (f) of the EU GDPR, in order to offer our users effective and secure payment options.
The data processed by the payment service provider includes inventory data such as name and address, bank data such as account numbers or credit card numbers, passwords, TANs and checksums as well as contract, sums and recipient-related information. The information is required to carry out the transactions. However, the data entered will only be processed and stored by the payment service providers. As the operator, we do not receive any information about your (bank) account or credit card, only information to confirm (accept) or reject the payment. The data may be transmitted to credit agencies by the payment service provider. The purpose of this transmission is to check your identity and creditworthiness. For this we refer to the terms and conditions and data protection information of the payment service providers.
For payment transactions, the terms and conditions and the data protection information of the respective payment service provider apply, which can be accessed on the respective website or transaction applications. We refer to this also for the purpose of further information and assertion of revocation, information and other rights of data subjects.
Order processing in the online shop with a customer account
We process the data of our customers in accordance with the data protection regulations of the federal government (Data Protection Act, DSG) and the EU-DSGVO, as part of the order processes in our online shop, in order to enable them to select and order the selected products and services, as well as their payment and delivery , or to enable execution.
The processed data includes master data (inventory data), communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing takes place for the purpose of providing contractual services in the context of the operation of an online shop, billing, delivery and customer services. We use session cookies, e.g. for storing the contents of the shopping cart, and permanent cookies, e.g. for storing the login status.
The processing takes place on the basis of Art. 6 Para. 1 lit. b (execution of order processes) and c ( legal required) GDPR. The information marked as necessary is required for the establishment and fulfillment of the contract. We only disclose the data to third parties within the framework of delivery, payment or within the framework of legal permits and obligations. The data is only processed in third countries if this is necessary to fulfill the contract (e.g. at the customer's request for delivery or payment).
Users can optionally create a user account in which they can see their orders in particular. As part of the registration, the required mandatory information is communicated to the users. The user accounts are not public and cannot be indexed by search engines, e.g. Google. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention is necessary for commercial or tax reasons in accordance with Art. 6 Para. 1 lit. c GDPR. Information in the customer account remains until it is deleted with subsequent archiving in the event of a legal obligation. It is up to the users to save their data in the event of termination before the end of the contract.
As part of the registration and renewed logins as well as the use of our online services, we save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the users in protection against misuse and other unauthorized use. This data is generally not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Article 6 (1) (c) GDPR.
The deletion takes place after the expiry of statutory warranty and comparable obligations, the need to store the data is checked at irregular intervals. In the case of the statutory archiving obligations, the deletion takes place after their expiry.
Contractual services
We process the data of our contractual partners and interested parties as well as other clients, customers, clients, clients or contractual partners (uniformly referred to as "contractual partners") in accordance with the data protection regulations of the federal government (Data Protection Act, DSG) and the EU GDPR in accordance with Art. 6 Para. 1 lit. b. GDPR in order to provide you with our contractual or pre-contractual services. The data processed here, the type, scope and purpose and the necessity of their processing are determined by the underlying contractual relationship.
The processed data includes the master data of our contractual partners (e.g. names and addresses), contact details (e.g. email addresses and telephone numbers) as well as contract data (e.g. services used, contract content, contractual communication, names of contact persons) and payment data (e.g. bank details, payment history ).
As a matter of principle, we do not process special categories of personal data, unless these are part of a commissioned or contractual processing.
We process data that are required for the establishment and fulfillment of the contractual services and point out the necessity of their disclosure, if this is not evident for the contractual partner. Disclosure to external persons or companies only takes place if it is required within the framework of a contract. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client and the legal requirements.
When using our online services, we can save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the interests of the users in protection against misuse and other unauthorized use. A transfer of this data to third parties does not take place, unless it is necessary to pursue our claims in accordance with Art. 6 Para. 1 lit. f. GDPR or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c. GDPR.
The data will be deleted when the data is no longer required to fulfill contractual or statutory welfare obligations and to deal with any warranty or comparable obligations, whereby the need to store the data is checked at irregular intervals. In addition, the statutory retention requirements apply.
Note on data transfer to the USA
Tools from companies based in the USA are integrated on our website. When these tools are active, your personal data can be passed on to the US servers of the respective companies. We would like to point out that the USA is not a safe third country within the meaning of EU data protection law. US companies are
obliged to surrender personal data to security authorities without you as the person concerned being able to take legal action against this. It cannot therefore be ruled out that US authorities (e.g. secret services) process, evaluate and permanently store your data on US servers for monitoring purposes. We have no influence on these processing activities.
Copyrights
The copyright and all other rights to content, images, photos or other files on the website belong exclusively to the operator of this website or the specifically named rights holders. The written consent of the copyright holder must be obtained in advance for the reproduction of all files.
Whoever commits a copyright infringement without the consent of the respective rights holder can make himself liable to prosecution and possibly liable for damages.
General disclaimer
All information on this website has been carefully checked. We strive to provide our information offering up-to-date, correct and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, so we cannot guarantee the completeness, correctness and topicality of information, including journalistic and editorial information. Liability claims from material or immaterial damage caused by the use of the information provided are excluded, unless it can be proven that there was willful intent or gross negligence.
The publisher can change or delete texts at his own discretion and without notice and is not obliged to update the content of this website. Use of or access to this website is at the visitor's own risk. The publisher, its clients or partners are not responsible for damage, such as direct, indirect, accidental, specifically to be determined in advance or consequential damage allegedly caused by visiting this website and therefore assume no liability for this.
The publisher also assumes no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked pages are solely responsible for their content. The publisher thus expressly distances itself from all third-party content that may be relevant under criminal or liability law or that is contrary to common decency.
Changes
We can adapt this data protection declaration at any time without prior notice. The current version published on our website applies. Insofar as the data protection declaration is part of an agreement with you, we will inform you of the change in the event of an update by e-mail or in another suitable manner.
Questions to the data protection officer
If you have any questions about data protection, please send us an email or contact the person responsible for data protection in our organization listed at the beginning of the data protection declaration.

Emmen, January 19, 2021
Source: SwissAnwalt