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Data protection

The protection of your data is important to us

Thank you for visiting this website and for your interest in our products. The protection of your personal data is important to us and we want you to feel secure when using our website.

In this privacy policy, we provide information on what personal data we process, for what purpose, how and where, in particular in connection with our https://www.guerdon-champagne.com/ website and our other services. This privacy policy also provides information about the rights of persons whose data we process. Individual or additional offers and services may be subject to special, supplementary or further data protection declarations and other legal documents such as general terms and conditions (GTC), terms of use or conditions of participation. Our offer is subject to Swiss data protection law as well as any applicable foreign data protection law, in particular that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognizes that Swiss data protection law ensures adequate data protection.

1. contact addresses

Responsibility for the processing of personal data: Prestige Beverages AG
Alte Landstrasse 135
8800 Thalwil

mq@guerdon-champagne.com

We point out if there are other controllers for the processing of personal data in individual cases.

Data protection representation in the European Economic Area (EEA)

We have the following data protection representation pursuant to Art. 27 GDPR in the European Economic Area (EEA) including the European Union (EU) and the Principality of Liechtenstein, Iceland and Norway as an additional point of contact for supervisory authorities and data subjects for inquiries in connection with the General Data Protection Regulation (GDPR): Michael Qamar
Switzerland

2. processing of personal data

2.1 Terms

Personal data is any information relating to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, collection, deletion, storage, modification, destruction and use of personal data. The European Economic Area (EEA) comprises 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 (OFADP).

We process – if and insofar as the General Data Protection Regulation (GDPR) is applicable – personal data in accordance with at least one of the following legal bases:

  • Art. 6 para. for the necessary processing of personal data for the performance of a contract with the data subject and for the implementation of pre-contractual measures.
  • Art. 6 para. 1 lit. f GDPR for the necessary processing of personal data in order to protect the legitimate interests of us or 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 provide our services in a permanent, user-friendly, secure and reliable manner and to be able to advertise them if necessary, information security and protection against misuse and unauthorized use, the enforcement of our own legal claims and compliance with Swiss law.
  • Art. 6 para. 1 lit. c GDPR for the necessary processing of personal data to fulfill 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 lit. e GDPR for the necessary processing of personal data for the performance of a task carried out in the public interest.
  • Art. 6 para. 1 lit. a GDPR for the processing of personal data with the consent of the data subject.
  • Art. 6 para. 1 lit. d GDPR for the necessary processing of personal data in order to protect the vital interests of the data subject or another natural person.

2.3 Type, scope and purpose

We process the personal data required to provide our services in a permanent, user-friendly, secure and reliable manner. 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, contract and payment data. We process personal data for the duration required for the respective purpose(s) or as required by law. Personal data that no longer needs to be processed is anonymized or deleted. Persons whose data we process generally have a right to erasure. We only process personal data with the consent of the data subject, unless the processing is permitted for other legal reasons, for example to fulfill a contract with the data subject and for corresponding pre-contractual measures, 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 and personally provides to us when contacting us – for example by post, email, contact form, social media or telephone – or when registering for a user account. We may store such information in an address book or with comparable tools, for example. If you transmit personal data to us via third parties, you are obliged to guarantee data protection vis-à-vis such third parties and to ensure the accuracy of such personal data. We also process personal data that we receive from third parties, obtain from publicly accessible sources or collect when providing our services, if and to the extent that such processing is permitted for legal reasons.

2.4 Processing of personal data by third parties, including abroad

We may have personal data processed by commissioned third parties or process it jointly with third parties or with the help of third parties or transmit it to third parties. Such third parties are, in particular, providers whose services we use. We also guarantee appropriate data protection for such third parties. Such third parties are generally located in Switzerland and the European Economic Area (EEA). However, such third parties may also be located in other countries and territories on earth and elsewhere in the universe, provided that their data protection law guarantees adequate data protection in the opinion of the Federal Data Protection and Information Commissioner (FDPIC ) and – if and insofar as the General Data Protection Regulation (GDPR) is applicable – in the opinion of the European Commission, or if adequate data protection is guaranteed for other reasons, such as through a corresponding contractual agreement, in particular on the basis of standard contractual clauses, or through corresponding certification. Exceptionally, such a third party may be located in a country without adequate data protection, provided that the data protection requirements, such as the express consent of the data subject, are met.

3. rights of data subjects

Data subjects whose personal data we process have rights under Swiss data protection law. These include the right to information and the right to rectification, erasure or blocking of the processed personal data. Data subjects whose personal data we process can – if and insofar as the General Data Protection Regulation (GDPR) is applicable – obtain confirmation free of charge as to whether we process their personal data and, if so, 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 rectified, erased (“right to be forgotten”), blocked or completed. Data subjects whose personal data we process can – if and insofar as the GDPR is applicable – withdraw their consent at any time with effect for the future and object to the processing of their personal data at any time. Data subjects whose personal data we process have the right to lodge a complaint with a competent supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC ).

4. data security

We take appropriate and suitable technical and organizational measures to ensure data protection and, in particular, data security. However, despite such measures, the processing of personal data on the Internet can always have security gaps. We therefore cannot guarantee absolute data security. Our online offering is accessed using transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated to HTTPS). Most browsers indicate transport encryption with a padlock in the address bar. Access to our online offer is subject to mass surveillance without cause and without suspicion, as well as other surveillance by security authorities in Switzerland, the European Union (EU), the United States of America (USA) and other countries. We cannot directly influence the corresponding processing of personal data by secret services, police forces and other security authorities.

5. use of the website

5.1 Cookies

We may use cookies for our website. Cookies – both our own cookies (first-party cookies) and cookies from third parties whose services we use (third-party cookies) – are data that are stored in your browser. Such stored data need not be limited to traditional cookies in text form. Cookies cannot execute programs or transmit malware such as Trojans and viruses. When you visit our website, cookies can be stored temporarily in your browser as “session cookies” or for a certain period of time as so-called permanent cookies. “Session cookies” are automatically deleted when you close your browser. Permanent cookies have a specific storage period. In particular, they make it possible to recognize your browser the next time you visit our website and thus, for example, to measure the reach of our website. Permanent cookies can also be used for online marketing, for example. You can completely or partially deactivate and delete cookies in your browser settings at any time. Without cookies, our website may no longer be fully available. We actively request your express consent for the use of cookies, if and to the extent necessary. For cookies that are used to measure success and reach or for advertising, a general objection (“opt-out”) is possible for numerous services via the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

5.2 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, last website accessed in the same browser window (referrer 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 online services 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.

5.3 Tracking pixels

We may use tracking pixels on our website. Tracking pixels are also known as web beacons. Tracking pixels – including those from third parties whose services we use – are small, usually invisible images that are automatically retrieved when you visit our website. Tracking pixels can be used to collect the same information as server log files.

order

The order, including the order for the shipment of the ordered goods, shall be deemed to have been placed and the order placed shall be deemed to have been accepted as soon as the customer has accepted these General Terms and Conditions via the Internet by clicking on the “Accept GTC” button and has placed the order.

Prices and terms of payment

All prices are in Swiss francs (CHF) including VAT. PB reserves the right to make price changes. Such price changes have no effect on goods already ordered. Payment for the goods ordered by the customer shall be made either by invoice or via the credit card selected by the customer by releasing the amount for payment via the Internet in the input window provided for this purpose. In individual cases, the PB reserves the right to demand payment in advance after receipt of the order. Guerdon Champagne does not stipulate a minimum order value.

Delivery

The delivery area covers the whole of Switzerland and Liechtenstein. The ordered goods will be delivered to the delivery address specified by the customer when placing the order. Delivery is made via Swiss Post with PostPac Priority on working days without a signature. In the case of delivery by deposit, PB cannot accept liability in the event of loss or theft. Orders placed by 3 p.m. will be delivered on the next working day. If delivery is not made within this period, a grace period of a further three working days shall apply. If the delivery has not been received by the customer within this period, the customer has the right to cancel the order against reimbursement of the purchase price and transportation costs. PB accepts no liability for consequential damages due to delayed delivery.

Warranty

In principle, PB undertakes to offer only goods of impeccable quality that meet all the requirements of Swiss legislation on “www.guerdon-champagne.com” and to publish correct data regarding the characteristics of the goods for sale. If incorrect or defective goods (broken bottles) have been delivered, the customer must notify PB of the defect within five working days of delivery, by e-mail mail@flaschenpost.ch or by post. If no goods have been delivered, the Customer must contact PB within 1 year of the delivery date. If this notification is made in good time, the corresponding amount will be credited to the customer’s account. If the originally ordered goods are no longer available, the purchase price and shipping costs (in the event that the customer has only ordered the returned wine) will be refunded to the customer. The following regulation applies to wines on tap: The value of the goods can be credited to the customer’s account within 2 years, provided that the bottles in question are still 2/3 full and are returned to us.

Obligations of the customer

The customer guarantees that he/she is authorized to conclude the contract in accordance with applicable law, in particular that he/she is eighteen years of age. It is the customer’s responsibility to enter the correct delivery address. The customer must check the delivery within five working days at the latest. Defective/incorrect delivery items must be kept at the disposal of PB for return. The customer expressly authorizes PB to pass on the order data entered to the relevant wine merchant who delivers the ordered goods. The data may also be used to send newsletters/promotions etc. in the wine sector. Any further use or disclosure is excluded. The customer authorizes PB to make copies and electronic recordings (log files) of any transactions for their verification.

Disclaimer

Any liability on the part of PB and its auxiliary persons for direct or indirect damage, errors or other disadvantages that may arise for the customer from the use of the order or the purchase of the goods over and above the liability set out in clause 5 is – to the extent permitted by law – excluded.

Intellectual property rights

The customer acknowledges that all intangible rights to names/designations, designs, concepts and software associated with the website “www.guerdon-champagne.com”, irrespective of their protectability under special law, are the sole property of PB.

Data protection

All credit card data is transmitted using certified SSL technology (encryption technology) and secure e-commerce. The customer’s credit card number is therefore always protected and cannot be read by third parties.

Web analysis with Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. 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 and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de

Validity

These T&Cs are subject to change at any time and without notice.

Choice of law and place of jurisdiction

This legal relationship shall be governed by Swiss law. The exclusive place of jurisdiction is the registered office of PB.