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Privacy Policy

With this Privacy Policy, we provide information about the processing of personal data in connection with our activities and operations, including our website under the domain name fashionfish.ch. In particular, we explain which personal data we process, for what purpose, in what manner and where. We also provide information about the rights of persons whose data we process.

We have drafted this Privacy Policy in German. In the event of publication in another language, the German-language Privacy Policy remains authoritative.

For individual or additional activities and operations, we may publish further privacy policies or other information on data protection.

Table of Contents

1. Contact Addresses

Responsible for the processing of personal data within the meaning of data protection law is:

Tomaro AG
Fashion Fish / Tomaro AG
Parkstrasse 1
5012 Schönenwerd

marketing@fashionfish.ch

In individual cases, third parties may be responsible for the processing of personal data, or there may be joint responsibility with third parties. Upon request, we are happy to inform data subjects about the respective responsibility.

2. Terms and Legal Bases

2.1 Terms

Data subject: Natural person about whom we process personal data.

Personal data: All information relating to an identified or identifiable natural person.

Sensitive personal data: Data on trade union, political, religious or philosophical views and activities, data on health, the intimate sphere or affiliation with an ethnicity or race, genetic data, biometric data that uniquely identify a natural person, data on criminal and administrative sanctions or proceedings, and data on social assistance measures.

Processing: Any handling of personal data, regardless of the means and procedures applied, for example querying, matching, adapting, archiving, retaining, reading out, disclosing, obtaining, recording, collecting, deleting, revealing, sorting, organizing, storing, altering, disseminating, linking, destroying and using personal data.

2.2 Legal Bases

We process personal data in accordance with Swiss law, in particular the Federal Act on Data Protection (Data Protection Act, FADP) and the Ordinance on Data Protection (Data Protection Ordinance, DPO).

3. Nature, Scope and Purpose of the Processing of Personal Data

We process those personal data that are necessary to carry out our activities and operations in a lasting, user-friendly, secure and reliable manner. The personal data processed may in particular fall into the categories of browser and device data, content data, communication data, metadata, usage data, master data including inventory and contact data, location data, transaction data, contract data and payment data. The personal data may also constitute sensitive personal data.

We also process personal data that we receive from third parties, obtain from publicly accessible sources or collect in the course of our activities and operations, insofar as such processing is permitted.

Where necessary, we process personal data with the consent of the data subjects. In many cases, we may process personal data without consent, for example to fulfil legal obligations or to safeguard overriding interests. We may also ask data subjects for their consent even if their consent is not required.

We process personal data for the duration necessary for the respective purpose. We anonymize or delete personal data in particular depending on statutory retention and limitation periods.

4. Disclosure of Personal Data

We may disclose personal data to third parties, have it processed by third parties or process it jointly with third parties. Such third parties may, for example, be specialized providers whose services we use. Such third parties may in turn disclose personal data to other third parties.

In the course of our activities and operations, we may disclose personal data in particular to banks and other financial service providers, authorities, educational and research institutions, consultants and lawyers, accounting and fiduciary service providers, debt collection companies, interest groups, IT service providers, cooperation partners, credit agencies and business information services, logistics and shipping companies, marketing and advertising agencies, media, parent, sister and subsidiary companies, organizations and associations, social institutions, telecommunications companies, insurance companies and payment service providers.

5. Communication

We process personal data in order to be able to communicate with individuals as well as with authorities, organizations and companies. In particular, we process data that a data subject transmits to us when contacting us, for example by postal mail or email. We may store such data in an address book or with comparable tools.

Third parties who transmit data about other persons to us are legally obliged to ensure the data protection of those data subjects independently. In particular, they must ensure that they are permitted to transmit such data, and also guarantee the accuracy of the data transmitted.

6. Job Applications

In the context of job postings by Tomaro AG («Fashion Fish»), we process personal data insofar as it is necessary to assess suitability for an employment relationship or for the subsequent performance of an employment contract. The necessary personal data results in particular from the information requested, for example as part of a job posting. We also process those personal data that applicants disclose or publish voluntarily, in particular as part of cover letters, CVs and other application documents as well as online profiles.

For applications to individual shops, the respective shop operators are responsible.

7. Data Security

We take appropriate technical and organizational measures to ensure data security appropriate to the respective risk. With our measures, we ensure in particular the confidentiality, availability, traceability and integrity of the personal data processed, without, however, being able to guarantee absolute data security.

Access to our website and our other digital presence takes place via transport encryption (SSL / TLS, in particular using the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers warn before visiting a website without transport encryption.

Our digital communication is – like essentially all digital communication – subject to mass surveillance without cause or suspicion by security authorities in Switzerland, elsewhere in Europe, in the United States of America (USA) and in other countries. We have no direct influence on the corresponding processing of personal data by intelligence services, police agencies and other security authorities. Nor can we rule out that a data subject may be specifically targeted for surveillance.

8. Personal Data Abroad

We generally process personal data in Switzerland. However, we may also disclose or export personal data to other countries, in particular in order to process it there or to have it processed there.

We may disclose personal data to all countries on Earth and elsewhere in the universe, provided that the law there guarantees adequate data protection in accordance with the decision of the Swiss Federal Council.

We may disclose personal data to countries whose law does not guarantee adequate data protection, provided that appropriate data protection is guaranteed for other reasons, in particular on the basis of standard data protection clauses or with other suitable safeguards. In exceptional cases, we may export personal data to countries without adequate or appropriate data protection if the specific data protection requirements for doing so are met, for example the express consent of the data subjects or a direct connection with the conclusion or performance of a contract. Upon request, we are happy to inform data subjects about any safeguards or to provide a copy of safeguards.

9. Rights of Data Subjects

9.1 Data Protection Rights

We grant data subjects all rights under applicable law. In particular, data subjects have the following rights:

  • Access: Data subjects may request information as to whether we process personal data about them and, if so, which personal data is concerned. Data subjects also receive the information necessary to assert their data protection rights and to ensure transparency. This includes the personal data processed as such, but also, among other things, information on the purpose of processing, the duration of retention, any disclosure or export of data to other countries, and the origin of the personal data.
  • Rectification and restriction: Data subjects may have inaccurate personal data rectified, incomplete data completed and the processing of their data restricted.
  • Right to state one's position and to human review: In the case of decisions that are based exclusively on automated processing of personal data and that have legal consequences for them or significantly affect them (automated individual decisions), data subjects may state their own position and request review by a human being.
  • Deletion and objection: Data subjects may have personal data deleted («right to be forgotten») and may object to the processing of their data with effect for the future.
  • Data release and data portability: Data subjects may request the release of personal data or the transfer of their data to another controller.

We may defer, restrict or refuse the exercise of the rights of data subjects to the extent legally permissible. We may point out to data subjects any conditions that must be met in order to exercise their data protection rights. For example, we may refuse to provide information in whole or in part with reference to confidentiality obligations, overriding interests or the protection of other persons. We may also, for example, refuse the deletion of personal data in whole or in part, in particular with reference to statutory retention obligations.

We may exceptionally charge costs for the exercise of these rights. We inform data subjects in advance of any costs.

We are obliged to identify data subjects who request access or assert other rights by taking appropriate measures. Data subjects are obliged to cooperate.

9.2 Legal Recourse

Data subjects have the right to enforce their data protection claims through legal action or to file a report or complaint with a data protection supervisory authority.

The data protection supervisory authority for private controllers and federal bodies in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

10. Use of the Website

10.1 Cookies

We may use cookies. Cookies – both our own cookies (first-party cookies) and cookies from third parties whose services we use (third-party cookies) – are data stored in the browser. Such stored data need not be limited to traditional cookies in text form.

Cookies can be stored in the browser temporarily as «session cookies» or for a specific period of time as so-called permanent cookies. «Session cookies» are automatically deleted when the browser is closed. Permanent cookies have a specific storage duration. In particular, cookies make it possible to recognize a browser on the next visit to our website and thereby, for example, to measure the reach of our website. Permanent cookies can, however, also be used for online marketing, for example.

Cookies can be fully or partially deactivated, restricted or deleted in the browser settings at any time. The browser settings often also allow automated deletion and other management of cookies. Without cookies, our website may no longer be available to its full extent. We actively request – at least where and to the extent required by applicable law – express consent to the use of cookies.

For cookies used for performance and reach measurement or for advertising, a general objection («opt-out») is possible for numerous services via AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

10.2 Logging

For each access to our website and our other digital presence, we may log at least the following information, provided it is determined or transmitted to our digital infrastructure by default during such access: date and time including time zone, IP address, access status (HTTP status code), operating system including user interface and version, browser including language and version, the individual sub-page of our website accessed including the amount of data transferred, and the web page last accessed in the same browser window (referer or referrer).

We log such information, which may also constitute personal data, in log files. The information is necessary in order to provide our digital presence in a lasting, user-friendly and reliable manner. The information is also necessary in order to ensure data security – including by or with the help of third parties.

10.3 Tracking Pixels

We may embed tracking pixels in our digital presence. Tracking pixels are also referred to as web beacons. Tracking pixels – including those from third parties whose services we use – are usually small, invisible images or scripts written in JavaScript that are automatically retrieved when our digital presence is accessed. Tracking pixels can capture at least the same information as logging in log files.

11. Notifications and Communications

11.1 Performance and Reach Measurement

Notifications and communications may contain web links or tracking pixels that record whether an individual communication has been opened and which web links were clicked in the process. Such web links and tracking pixels may also record the use of notifications and communications on a personal basis. We need this statistical recording of usage for performance and reach measurement, in order to be able to send notifications and communications effectively and in a user-friendly manner, as well as in a lasting, secure and reliable way, based on the needs and reading habits of the recipients.

11.2 Consent and Objection

You must in principle consent to the use of your email address and your other contact addresses, unless such use is permitted for other legal reasons. For obtaining a double-confirmed consent, we may use the «double opt-in» procedure. In this case, you will receive a message with instructions for the double confirmation. We may log obtained consents including IP address and timestamp for evidentiary and security reasons.

You may in principle object to receiving notifications and communications such as newsletters at any time. With such an objection, you can simultaneously object to the statistical recording of usage for performance and reach measurement. This is subject to necessary notifications and communications in connection with our activities and operations.

11.3 Service Providers for Notifications and Communications

We send notifications and communications with the help of specialized service providers.

In particular, we use:

12. Social Media

We are present on social media platforms and other online platforms in order to communicate with interested persons and to inform about our activities and operations. In connection with such platforms, personal data may also be processed outside Switzerland.

The General Terms and Conditions (GTC) and terms of use as well as privacy policies and other provisions of the individual operators of such platforms also apply in each case. These provisions provide information in particular about the rights of data subjects directly vis-à-vis the respective platform, which includes, for example, the right of access.

13. Third-Party Services

We use services from specialized third parties in order to carry out our activities and operations in a lasting, user-friendly, secure and reliable manner. Among other things, such services enable us to embed features and content in our website. In the case of such embedding, the services used capture, for technically compelling reasons, at least temporarily the IP addresses of the users.

For necessary security-related, statistical and technical purposes, third parties whose services we use may process data in connection with our activities and operations in aggregated, anonymized or pseudonymized form. This concerns, for example, performance or usage data required to be able to offer the respective service.

In particular, we use:

13.1 Digital Infrastructure

We use services from specialized third parties in order to make use of the digital infrastructure required in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers.

In particular, we use:

13.2 Appointment Scheduling

We use services from specialized third parties in order to be able to schedule appointments online, for example for meetings. In addition to this Privacy Policy, any directly visible terms of the services used, such as terms of use or privacy policies, also apply.

In particular, we use:

13.3 Online Collaboration

We use third-party services to enable online collaboration. In addition to this Privacy Policy, any directly visible terms of the services used, such as terms of use or privacy policies, also apply.

In particular, we use:

13.4 Social Media Features and Social Media Content

We use third-party services and plugins in order to embed features and content from social media platforms and to enable the sharing of content on social media platforms and by other means.

In particular, we use:

13.5 Maps

We use third-party services in order to embed maps in our website.

In particular, we use:

13.6 Digital Content

We use services from specialized third parties in order to embed digital content in our website. Digital content includes, in particular, images and video material, music and podcasts.

In particular, we use:

13.7 Fonts

We use third-party services in order to embed selected fonts as well as icons, logos and symbols in our website.

In particular, we use:

13.8 E-Commerce

We operate e-commerce and use third-party services in order to successfully offer services, content or goods.

13.9 Payments

We use specialized service providers in order to process payments securely and reliably. For the processing of payments, the legal texts of the individual service providers apply in addition, for example General Terms and Conditions (GTC) or privacy policies.

In particular, we use:

13.10 Advertising

We make use of the possibility of having targeted advertising displayed by third parties, such as social media platforms and search engines, for our activities and operations.

With such advertising, we want to reach in particular persons who are already interested in our activities and operations or who might be interested in them (remarketing and targeting). For this purpose, we may transmit corresponding information – possibly also personal data – to third parties that enable such advertising. We can also determine whether our advertising is successful, that is, in particular, whether it leads to visits to our website (conversion tracking).

Third parties with whom we advertise and with whom you are registered as a user may be able to attribute the use of our website to your profile there.

In particular, we use:

14. Participation in Affiliate Programs

We participate in affiliate programs. On the one hand, we may be compensated for referring to third-party offers or for linking to third-party offers. On the other hand, we may compensate third parties for referring to our activities and operations or for linking to our offering (affiliate marketing). In this context, it may be recorded – also on a personal basis – which offers are taken up and which web links are followed.

15. Extensions for the Website

We use extensions for our website in order to make use of additional functions. We may use selected services from suitable providers or use such extensions on our own digital infrastructure.

In particular, we use:

  • Google reCAPTCHA: Bot protection (distinguishing between desired activities by humans and undesired activities by bots); provider: Google; Google reCAPTCHA-specific information: «What is reCAPTCHA?».

16. Performance and Reach Measurement

We try to measure the performance and reach of our activities and operations. In this context, we may also measure the impact of third-party references or examine how different parts or versions of our digital presence are used («A/B testing» method). Based on the results of the performance and reach measurement, we may in particular fix errors, strengthen popular content or make improvements.

For performance and reach measurement, the IP addresses of individual users are recorded in most cases. In this case, IP addresses are generally shortened («IP masking») in order to follow the principle of data minimization through the corresponding pseudonymization.

Cookies may be used and user profiles may be created in the course of performance and reach measurement. Any user profiles created include, for example, the individual pages visited or content viewed on our digital presence, information on the size of the screen or browser window and the – at least approximate – location. Generally, any user profiles are created exclusively in pseudonymized form and are not used to identify individual users. Individual third-party services with which users are registered may be able to attribute the use of our online offering to the user account or user profile with the respective service.

In particular, we use:

17. Video Surveillance

We use video surveillance for the prevention of criminal offenses, for securing evidence in the event of criminal offenses and for exercising our right to determine who may enter our premises.

We store recordings from our video surveillance for as long as they are required for securing evidence or for another stated purpose. As a rule, the recordings are deleted or overwritten after 96 hours.

We may save recordings from our video surveillance and transmit them to competent bodies, in particular courts or law enforcement authorities, provided that the transmission is necessary for a stated purpose, in our overriding interest or due to legal obligations.

18. Final Remarks on the Privacy Policy

We created this Privacy Policy with the privacy policy generator by Datenschutzpartner .

We may update this Privacy Policy at any time. We provide information about updates by publishing the current version of the Privacy Policy on our website.