Data protection

Kustom Schweiz AG, Niederuzwil, Switzerland (hereinafter "kustom.ch"), is the author of this privacy policy and the owner of the information (data) collected about you under this privacy policy. The following also apply General Terms and Conditions (GTC).

We know that the careful handling of your personal information is important to you. We therefore appreciate your trust that kustom.ch will handle this information conscientiously. kustom.ch is responsible for the collection, processing, disclosure, storage and protection of your personal information and ensures compliance with Swiss data protection law. This consent can be revoked at any time with effect for the future.

1. contact details

Responsible for data processing is:

Kustom Switzerland AG

Mooswiesstrasse 30

9200 Gossau

Switzerland

+41 71 380 05 05

You can contact the data protection officer of Kustom Schweiz AG at: datenschutz@kustom.ch

2. nature and scope of the collection of personal data

when visiting our website

When you visit our website, the web server technology we use automatically logs general technical visit information. This includes the IP address of the device used (anonymised), information on the browser type, the Internet service provider and the operating system used.

when using the kustom.ch online shops

When using the online shops operated by kustom.ch, all data entered or submitted by the user during the registration process and when using the shops is also stored. This is particularly the case when you register, place orders, fill out online forms, take part in surveys or competitions, correspond with us online or offline or come into contact with us via social media, blogs or other interactive media.

By entering your details, you consent to the processing, use and disclosure of your personal data within the framework and scope of the purposes described in this privacy policy.

3. data security

We use technical and organisational security measures in accordance with recognised market standards to protect personal data stored by us against unintentional, unlawful or unauthorised manipulation, deletion, modification, access, disclosure or use and against partial or complete loss. The kustom.ch servers are located in a multi-certified and secure data centre in Switzerland. The connection to our servers is made using SSL encryption. We regularly back up customer data (backup). To prevent data loss even in extreme cases (e.g. destruction of a data centre by an earthquake), the encrypted backups are stored in parallel in several data centres in Switzerland and abroad. Our security measures are continuously adapted and improved in line with technological developments. We accept no liability for the loss of data or its access and use by third parties. Furthermore, we cannot accept any liability for the security of data transmission on the Internet; in particular, there is a risk of access by third parties when data is transmitted by e-mail. However, access is protected by HTTPS. If explicitly requested by the customer, the customer can opt for double authentication at any time.

4. purpose of the processing of personal data / recipient of the data

We process the data collected in order to continuously improve the products and services you have requested, to manage your use of and access to our products and information, to maintain our business relationship with you, to monitor and improve the performance of our services, to detect, prevent or investigate illegal activities and to send you advertising, information or marketing material about products or services that we believe may be of interest to you based on the data. The data may also be passed on to partner companies and service providers, selected third-party companies, institutes and/or legally authorised state authorities in Switzerland and abroad for processing and storage within the scope of the above-mentioned purposes. If the processing or storage of personal information takes place in countries that do not guarantee adequate data protection compared to Swiss data protection law, we require the processor to fully comply with the relevant provisions of the EU GDPR under contractual obligation.

We have some of the aforementioned processes and services carried out by service providers based in the EU or Switzerland who have been commissioned in accordance with data protection regulations. These are companies in the categories of IT services, payment transactions, print service providers, billing, debt collection and consulting as well as sales and marketing and service providers that we use in the context of order processing relationships.

5. cookies

Cookies help to make your visit to our website easier, more pleasant and more meaningful. Cookies are information files that your web browser automatically stores on your computer's hard drive when you visit our website and use our services.

You can manage your security settings in your browser yourself and thus block or deactivate cookies used by us, whereby certain services of kustom.ch may then no longer be able to be used (in full).

Tracking and analysis tools / social media

The use of our digital services is measured and analysed using various technical systems, mainly from third-party providers such as Google Analytics. These measurements can be both anonymous and personalised. It is possible that the data collected by us or the third-party providers of such technical systems may in turn be passed on to third parties in Germany and abroad for processing. The most frequently used and best-known analysis tool is Google Analytics, a service provided by Google Inc. This allows the data collected to be transmitted to a Google server in the USA.

Our website uses Google Analytics, a web analysis service of Google Inc. based at 1600 Amphitheatre Parkway, Mountain View, CA 94043, U.S.A. ("Google"). Google Analytics uses cookies, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of analysing your use of the website, compiling reports on website activity for us and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.

If you do not want your website activities to be available to Google Analytics, you can install the browser add-on to deactivate Google Analytics (link: https://support.google.com/analytics/answer/181881?hl=en ). This prevents activity data from being shared with Google Analytics via the JavaScript executed on websites (ga.js, analytics.js and dc.js).

The analysis of data by other tools of the website owner is not prevented when you use the add-on. Data can still be sent to the website or to other web analysis services.

Integration of third-party offers / social media

Our digital offerings are networked with third-party functions and systems in a variety of ways, for example by integrating plug-ins from third-party social networks such as Facebook, Twitter, etc. in particular. If you have a user account with these third parties, it may also be possible for them to measure and analyse your use of our digital offerings. Further personal data, such as IP address, browser settings and other parameters may be transmitted to these third parties and stored there. We have no control over the use of personal data collected by third parties in this way and accept no responsibility or liability. kustom.ch also has no detailed knowledge of what data is transmitted to the third-party providers, where it is transmitted to and whether it is anonymised.

6. automatic decisions

kustom.ch does not use any profiling or automated decision-making techniques. If kustom.ch uses these procedures in individual cases, you will be informed separately if this is required by law.

7. communication by email

You can unsubscribe from receiving electronic mailings or adjust the type and scope of this marketing service at any time.

8. legal basis of the processing

Your data is processed in accordance with Article 6(1)(b) GDPR for the fulfilment of the contract. The object of the contract is the above-mentioned services.

Your data is also processed, as described above, to protect the legitimate interests of kustom.ch (Article 6(1)(f) GDPR). These are the improvement of the products and services, to monitor and improve the performance of the offer and to recognise, prevent or investigate illegal activities.

In addition, the data is processed in accordance with Article 6(1)(c) GDPR to fulfil legal obligations (e.g. retention and documentation obligations). This includes in particular your personal master data.

9. duration of storage

kustom.ch processes and stores your personal data for as long as you use our services. It should be noted that the contractual relationship is a continuing obligation that is intended to last for years.

If the data is no longer required for the fulfilment of contractual or legal obligations, it is regularly deleted, unless its - temporary - further processing is required for the following purposes:

• Fulfilment of retention obligations under commercial and tax law in Switzerland: In particular, the ten-year period for keeping and storing business records (OR 958f) should be mentioned.
• Fulfilment of retention obligations under commercial and tax law in Germany: These include the German Commercial Code (HGB) and the German Fiscal Code (AO). The retention and documentation periods specified there are two to ten years.
• Preservation of evidence within the framework of the statutory limitation periods in Germany. According to Sections 195 et seq. of the German Civil Code (BGB), these limitation periods can be up to 30 years, whereby the regular limitation period is three years.

10. information, correction, deletion, blocking, consent

You have the following rights in relation to your personal data:

• the right to information in accordance with Article 15 GDPR,
• the right to rectification in accordance with Article 16 GDPR,
• the right to erasure in accordance with Article 17 GDPR,
• the right to restriction of processing in accordance with Article 18 GDPR,
• the right to data portability under Article 20 GDPR, and
• the right to object pursuant to Article 21 GDPR.

If you are asked to give your consent in connection with the services of kustom.ch, you give this consent by clicking on the corresponding checkbox that kustom.ch may collect, process and use your personal data accordingly.

You can of course withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal. The revocation can be sent in writing to the kustom.ch address mentioned at the beginning. However, it is also sufficient to send an e-mail to datenschutz@kustom.ch. However, some of the services and functions will then no longer be available to you.

The restrictions under Sections 34 and 35 BDSG apply to the right of access and the right to erasure. In addition, there is a right of appeal to a competent data supervisory authority (Article 77 GDPR, Section 40 BDSG).

11. links to other websites

The kustom.ch website contains hyperlinks to third-party websites that are not operated or controlled by kustom.ch. kustom.ch is not responsible for their content or data protection practices.

Last update: December 2020