We, SILVER SPORT, a brand of APTO GmbH, Gstaadstrasse 8, 3792 Saanen - Switzerland, registered in the commercial register of the Canton of Bern (CH-036.4.089.278-2), are the operator of the website www.silversport.ch and the services offered on it, including the online shop, and therefore responsible for the collection, processing and use of your personal data in accordance with the law and the compatibility of data processing with applicable law.

Your trust is important to us, which is why we take the issue of data protection seriously and ensure appropriate security. It goes without saying that we observe the legal provisions of Switzerland and the EU, in particular the General Data Protection Regulation (GDPR).

So that you know what personal data we collect from you and for what purposes we use it, please take note of the following information.

Our EU representative according to Article 27 GDPR is:

1. Scope and purpose of personal data collection, processing and use

a. When visiting www.silversport.ch

When you visit our website, our servers temporarily save every access to a log file. We collect the following data without any action on your part, which will be saved for up to twelve months before being deleted automatically:

• the accessing device’s IP address
• the access date and time
• the name and URL of the accessed file
• the website, from which the above-mentioned file was accessed (so called referrer-URL)
• the status code (e.g. error message)
• your device's operating system and the browser you have used
• the country from which you have accessed the file

This data is collected and processed for the purpose of enabling the use of our website (establishing a connection), ensuring system security and stability over the long term and enabling the optimisation of our Internet offering as well as for internal statistical purposes. The aforementioned information is not linked or stored with any personal data.

The IP address is only evaluated in the event of attacks on the network infrastructure of our website or in the event of a suspicion of another unauthorized or abusive use of the website for the purpose of clarification and defense and, if necessary, is used within the framework of criminal proceedings for identification and for civil and criminal action against the users concerned.

Our lawful basis to handle your personal data in this way is our legitimate interest in data processing within the meaning of Article 6(1)(f) GDPR.

b. When registering for a customer account

In order to purchase products in our online shop and to be provided with other specific services, customers should register for a customer account. Certain services may only be available to account holders.

In order to process and fulfill your orders in the online shop and/or your service requests, we collect the following personal data when you register:

• Gender (optional)
• First name and Surname
• Address
• Phone number (optional)
• Date of Birth
• E-Mail Address
• Password

Customers can review and change their account information at any time by logging into their customer account settings. In addition, the customer can request the complete deletion of their account. If you would like to delete your customer account, please send us a corresponding request (see "Contact" below).

The legal basis for processing your personal data in this way is our legitimate interest to provide the best possible customer experience for you (Article 6(1)(f) GDPR). You may object to this data processing at any time, which would, however, be deemed equivalent to the deletion of your customer account.

c. When using the website as a registered customer

When a registered customer logs in and uses the website, we collect data to provide ongoing membership services and benefits, for website administration and for other internal operations that include troubleshooting, data analysis, testing research, and statistical/ survey purposes. This ensures that content is presented in the most effective manner for you and your device. We collect the following data:

• the type, frequency and intensity of the website use
• the duration of your membership

The legal basis for processing your data in this way is our legitimate interest in optimizing our website offering and personalizing our offers to you (Article 6(1)(f) GDPR). You can object to this data processing at any time, which would, however, be tantamount to the deletion of your customer account.

 d. When using the contact form

If you contact us using the contact form on the website, we will collect the following information from you:

• First name and Surname
• E-Mail-Address
• Country
• Subject of your request
• Comment

We use this data exclusively to answer your questions or to provide the services you have requested. The collection of your first and last name allows us to provide targeted customer support for existing customers. Furthermore, the survey of your country of residence allows us to draw your attention to any country-specific circumstances.

In the processing of your contact request lies our legitimate interest pursuant to Article 6(1)(f) GDPR.

e. When purchasing products in the online shop or requesting other services

If you want to purchase any products in our online shop, we need various data in order to process and fulfill your order. The following data must be provided:

• First name and Surname
• Billing Address / Delivery Address
• E-Mail-Address
• Date of Birth
• Payment information (depending on the chosen payment method)
• Login-Date (in you are registered customer)
• Phone Number

The purpose of collecting the telephone number is to provide you with after-sales services (if necessary). The telephone number is not used to call you for advertising purposes. Your telephone number will also not be passed on to third parties in the marketing sector.

The provision of further data is voluntary. If you are registered and have a customer account, we store your data for the next purchase.

In connection with your orders in the online shop, the processing of your orders and the provision of the services you requested, we collect, save and process the following additional data:

• Information regarding the products that you have ordered
• Information regarding the requested services
• Data regarding your order, purchase and payment patterns

Unless otherwise provided in this statement, we only use the respective data in order to perform our contract with you, namely to provide you with the services requested or to process your order and payment, deliver the ordered goods and provide any after-sale services.

The legal basis for the processing of your data for the aforementioned purposes is the fulfillment of a contract in accordance with Article 6(1)(b) GDPR and regarding the purchase history in our legitimate interest in the optimization of our online offer and the customer relationship with you (Article 6(1)(f) GDPR).

2. Use of your data for promotional purposes 

a. Retargeting

We reserve the right to use so called retargeting technology. Your user behavior on our website and partner websites will be analyzed to provide you with promotional offers tailored to your individual needs. Your user behavior is recorded pseudonymously.

The re-targeting technology generally works by using cookies (see below Section 8 for further information).

Our website uses Google AdWords Remarketing and Doubleclick by Google, services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"), to display ads based on the use of previously visited websites. Google uses the so-called DoubleClick cookie for this purpose, which enables your browser to be recognised when you visit other websites. The information generated by the cookie about your visit to these websites (including your IP address) is transmitted to and stored by Google on servers in the United States (see section 9 below for additional information about transfers of personal data to the United States).

Google will use this information for the purpose of evaluating your use of the website to determine the advertisements to be placed, compiling reports on website activity and advertisements for website operators 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, however, associate your IP address with any other data held by Google.

We also use the Google Tag Manager to manage our usage-based advertising services. The Tag Manager tool is a cookie-free domain and does not collect personally identifiable information. Instead, the tool triggers other tags that may collect information (see above). If you have disabled the tool at the domain or cookie level, it will continue for all other tracking tags implemented with Google Tag Manager.

You may reject re-targeting at any time by de-installing the respective cookies in the menu of your internet browser (for further information, see Section 8 below). You can find more information about Google’s data protection policies here.

The legal basis for the processing of the data for this purpose lies in our legitimate interest in the interest-related and personalized advertising communication with you (Article 6(1)(f) GDPR).

b. Collection of Personality Profiles

In order to provide you with personalized services and promotional information on our website (on-site targeting), we will use and analyze the data collected when you access and use the website and when you purchase from the online shop. The analysis of your user data and, in particular, your purchase patterns may result in the collection of personality profiles. A personality profile is a collection of data that permits an assessment of essential characteristics of the personality of a natural person.

In order to enable personalized marketing in social networks, we link so-called remarketing pixels from Facebook to our website. If you have an account with a social network involved in this and are registered there at the time of the page visit, this pixel links the page visit to your account. To prevent a link, log out of your account before visiting the page. You can make further settings for advertising in the respective social networks in your user profile. For more information on how Facebook pixels work and how Facebook ads are displayed in general, please refer to Facebook's privacy policy here.

The legal basis for the processing of the data for this purpose is our legitimate interest pursuant to Article 6(1)(f) GDPR in the optimization and personalization of our online services and our advertising communications.

3. Disclosure of personal data to third parties

We will only disclose your personal data with your express consent, if required by law or if required in order to assert our rights and in particular claims resulting from our contractual relationship.

In addition, we will forward your data to third parties to the extent required for the use of the website and the contract performance, namely for:  the processing of your orders, handling your purchases, facilitating the delivery of purchased items and payments, the provision of requested marketing services, and for the analyzing of your user, purchase, and payment patterns. The use of data disclosed to third parties is strictly limited to the above-mentioned purposes in this clause 3.

We may disclose your credit card information to your credit card acquirer and issuer in order to provide credit card payment options for your purchases from the online shop. If you choose to pay with credit card, you will be asked to enter specific information regarding your credit card. Please note that your credit card issuer will have their own terms and conditions and data privacy statements to govern the processing of your personal data. We do not have any responsibility or liability for such policies and we recommend that you review them.

Various third-party service providers are explicitly mentioned in this data privacy statement (e.g. Section 2 and Section 9). Another service provider to whom personal data is transferred or to whom access to personal data from you is or may be granted is the company hosting the website, namely Lightspeed Netherlands B.V., Haarlemmerweg 331 A, 1051 LH Amsterdam, The Netherlands.

The legal basis for the processing of the data for this purpose is in our legitimate interest, partly in your consent or in the execution of a contract under Article 6(1)(a),(b),(f) GDPR.

4. Carrying out creditworthiness checks

If we make an advance payment, e.g. in the case of a purchase on account, we may obtain credit information from a credit agency on the basis of mathematical-statistical procedures in order to safeguard our business. For this purpose, we transmit the personal data required for a credit assessment to a credit agency and use the information received on the statistical probability of a payment default for a balanced decision on the establishment, execution or termination of the contractual relationship. The credit report may contain probability values (score values) which have been calculated on the basis of scientifically recognised mathematical-statistical procedures and which include address data, among other things, in their calculation.

The legal basis for the processing of the data for this purpose is the fulfillment of a contract pursuant to Article 6(1)(b) GDPR. We will only carry out credit checks in direct connection with orders.

5. Transmission of personal data abroad

In relation to the above uses of your personal information and the above sharing arrangements, your personal data may be transferred to, stored and processed in one or more countries outside the European Economic Area (EEA), including countries which do not provide equivalent protection for personal information as the DPA.). If the level of data protection in any country does not meet the requirements of the DPA and the GDPR, we will take reasonable steps to ensure that your personal data is adequately protected in accordance with the requirements of the DPA and the GDPR.

Various third-party service providers and their location addresses are already mentioned in Section 3 ("Disclosure of Data to Third Parties"). Some of the third-party service providers mentioned in this data privacy statement are based in the United States (see, for example, section 9a "Google Analytics"). Further information on data transfers to the USA can be found under "Google Analytics".

6. Information, deletion, limitation of processing and correction rights, Right to data transferability; Right to complain to a supervisory authority

You can object to data processing at any time, especially data processing in connection with direct advertising (e.g. against advertising e-mails). You also have the following rights:

Information right: You have the right at any time to request access to your personal data stored by us. This gives you the opportunity to check which personal data we process about you and that we use it in accordance with applicable data protection regulations.

Correction right: You have the right to have inaccurate or incomplete personal data corrected and to be informed of the correction. We will inform the individual concerned of the adjustments made to any incorrect data, unless such notification is impossible or involves a disproportionate effort.

Deletion right: You have the right to require us to erase your personal information which we are handling in the following circumstances.

Right to limitation of processing: You have the right, under certain conditions, to request that the processing of your personal data be restricted.

Data transferability right: Under certain circumstances you have the right to receive from us the personal data that you have provided to us free of charge in a readable format.

Complaint right: You have the right to lodge a complaint with a competent supervisory authority against the way in which your personal data is processed.

Right of revocation: In principle, you have the right to revoke your consent at any time. In the past, however, processing activities based on your consent will not become unlawful as a result of your revocation.

7. Data security

We use suitable technical and organizational security measures to protect your personal data stored with us against manipulation, partial or complete loss and against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

If you register with us as a customer, access to your customer account is only possible after entering your personal password. You should always treat your payment information confidentially and close the browser window when you have finished communicating with us, especially if you share your computer with others.

We also take internal company data protection very seriously. Our employees and the service companies commissioned by us have been obligated by us to secrecy and compliance with data protection regulations.

8. Cookies

Cookies help to make your visit to our website easier, more convenient and more relevant. Cookies are small files containing information, which are automatically stored on your computer's hard disk when you visit our website.

For example, we use cookies in order to identify you as a registered user without requiring you to log-in separately. This use does not enable us to receive new personal information about you as an online visitor. Most web browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a message always appears when you receive a new cookie. On the following pages you will find explanations on how to configure the processing of cookies in the most common browsers.

• Microsoft Windows Internet Explorer
• Mozilla Firefox
• Google Chrome for Desktop
• Google Chrome for Mobile
• Apple Safari for Desktop
  

Deactivating cookies may fully or partially disable certain functions of our website.

9. Tracking tools

a. Google Analytics

We use Google Analytics web analytics service to maintain a customer-oriented and continuously improving website. We create pseudonymized user profiles and small text files ("cookies") stored on your computer for this purpose. Information about your use of the website that is generated by the cookie includes:

• browser type/version
• operating system used;
• referrer URL (the previously visited website)
• host name of the accessing computer (IP address)
• time of server inquiry
• device used
  
  

This information will be transmitted to and stored by Google on servers in the United States. The IP address is shortened by activating IP anonymisation ("anonymizeIP") on this website before transmission within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The anonymous IP address transmitted by your browser as part of Google Analytics is not merged with other Google data. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. In such cases, we provide contractual guarantees to ensure that Google Inc. maintains a sufficient level of data protection.

This information is used to evaluate the use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage for the purposes of market research and the design of these Internet pages to meet requirements. This information may also be transferred to third parties where required to do so by law, or where such third parties process the information on Google's behalf. According to Google Inc., the IP address will in no case be associated with other data relating to the user.

The user may refuse the use of cookies by selecting the appropriate settings on his browser, however please note that if this happens, you may not be able to use the full functionality of this website.

For more information about the web analytics service used, please visit the Google Analytics website. The following link offers guidance on how to prevent the use of your data by the web analytics service.

The legal basis for the processing of the data for this purpose lies in our legitimate interest pursuant to Art. 6 para. 1 lit. f DSGVO.

For the sake of completeness, we would like to point out that in the United States of America there are monitoring measures by U.S. authorities which generally permit the storage of all personal data of all persons whose data has been transferred from the Union to the United States of America. This is done without differentiation, limitation or exemption based on the objective pursued and without any objective criterion that would allow the US authorities to restrict access to the data and its subsequent use to very specific, strictly limited purposes that could justify the intrusion associated both with access to and use of the data. We would also like to point out that in the United States there are no legal remedies available to data subjects that would allow them to access, rectify or delete their personal data, or that there is no effective judicial protection against general access rights of U.S. authorities. We explicitly draw the attention of the data subject to this legal and factual situation in order to make an informed decision to consent to the use of his/her data.

We would like to point out to users residing in an EU member state that, from the point of view of the European Union, the USA does not have an adequate level of data protection, partly due to the issues mentioned in this section. Insofar as we have explained in this data protection declaration that recipients of data (e.g. Google) are based in the USA, we will ensure that your data is protected at an appropriate level by our partners either through contractual arrangements with these companies or by ensuring that these companies are certified under the EU or Swiss-US Privacy Shield.

10. Social Media

On our website you will find links to social media networks. These are not plugins provided by the provider, which, without the influence of the user, already transmit data to the provider when loading the page. Behind the buttons to the social media networks there is only a link to the social media network including the transfer of the website to be shared. No user data is transferred from the website to the social media network.

The links lead to the following networks:

• Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA). resp. Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2
• Instagram Inc., 1601 Willow Road, Meno Park, CA 94025, USA
• Twitter, Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA
• YouTube, operated by Google Inc., Amphitheatre Parkway, Mountain View, CA 94043
• Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
• Pinterest Inc., 808 Brannan Street, San Francisco, CA 94103, USA
  

When you link to one of our social media profiles, a direct connection is established between your browser and the server of the social network in question. This gives the network the information that your IP address has been used to visit our website and to access the link. If you link to a network while logged into your account on that network, the content on our site may be linked to your profile on the network, meaning that the network can directly associate your visit to our site with your user account. If you wish to prevent this, you should log out before clicking on any links. An assignment also takes place when you log in to the relevant network after clicking on the link.

11. Storage periods

We only store personal data for as long as is necessary to carry out the above tracking services and further processing in the context of our legitimate interest. Contract data is stored by us for a longer period of time, as this is prescribed by statutory storage obligations. Obligations to store data, which oblige us to store data, result from accounting regulations and tax regulations. According to these regulations, business communication, concluded contracts and accounting documents must be stored for up to 10 years. If we no longer need this data to carry out the services for you, the data will be blocked. This means that the data may then only be used for accounting and tax purposes.

12. Contact

If you have any questions concerning data protection on our website or if you wish to request information or the deletion of your data, please send an email to our data protection contact at [email protected]

Edition: 28.11.2023