Data Protection

General information
The following information provides a simple overview of what happens to your personal data when you visit our website. Personal data is any data by which you can be personally identified. For detailed information on the subject of data protection, please refer to our data protection declaration listed below this text.

If you notice anything in relation to the GDPR and this website, please use the conventional email and write to us. Thank you.

Online presence in social media

We maintain online presences within social networks and platforms in order to be able to communicate with customers, interested parties and users active there and to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing guidelines of the respective operators of these platforms apply.

Unless otherwise stated in our privacy policy, we process the data of users insofar as they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.



Contact information

You can reach us at any time regarding data protection-related questions via our e-mail.



How we protect your data

We take data protection very seriously. All data is technically protected by multiple system firewalls, two-factor authentication and various database protection mechanisms.



What measures we offer in the event of data breaches

We have various reporting systems and contact mechanisms in place to detect, remediate and work around potential and real data leaks.





ANALYTICS SERVICES
Google Analytics

This website uses functions of the web analytics service Google Analytics. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google Analytics uses so-called "cookies". These are text files that are stored on your computer and enable an analysis of your use of the website. 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.

The storage of Google Analytics cookies is based on Art. 6 (1) lit. f DSGVO. The website operator has a legitimate interest in analyzing user behavior in order to optimize both its web offering and its advertising.

IP anonymization

We have activated the IP anonymization function on this website. This means that your IP address will be shortened by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information 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 any other data held by Google.

Browser Plugin

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 the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

Objection to data collection

You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set, which will prevent the collection of your data during future visits to this website:



Click here to set the opt-out cookie now.


If you use multiple browsers, browser profiles or different computers or additional devices with browsers, we would like to point out that any browser plug-ins or cookies that are intended to prevent the collection of data must be installed or set in each browser and browser profile in each case on all devices that are to be excluded from the collection. These measures only ever take effect in the browser or browser profile for which they have been properly implemented.

For more information on data usage by Google, setting and objection options, please visit the websites of



More information on the handling of user data by Google Analytics can be found in Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.

Order data processing

We have concluded an order data processing agreement with Google and fully implement the requirements of the data protection authorities when using Google Analytics.


Data collection on this website
Who is responsible for data collection on this website?
Data processing on this website is carried out by the website operator. You can find his contact details in the imprint of this website.

How do we collect your data?
On the one hand, your data is collected by you providing it to us. This can be, for example, data that you enter in a contact form. Other data is collected automatically by our IT systems when you visit the website. This is mainly technical data (e.g. Internet browser, operating system or time of page view). This data is collected automatically as soon as you enter our website.

What do we use your data for?
Some of the data is collected to ensure error-free provision of the website. Other data may be used to analyze your user behavior.

What rights do you have regarding your data?
You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to demand the correction, blocking or deletion of this data. For this purpose, as well as for further questions on the subject of data protection, you can contact us at any time at the address given in the imprint. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.


Analysis tools and tools from third-party providers
When visiting our website, your surfing behavior may be statistically analyzed. This is done primarily with cookies and with so-called analysis programs. The analysis of your surfing behavior is usually anonymous; the surfing behavior cannot be traced back to you. You can object to this analysis. We will inform you about the possibilities of objection in this data protection declaration under point 4.



GENERAL NOTES AND OBLIGATORY INFORMATION

Data protection
Based on Article 13 of the Swiss Federal Constitution, the data protection regulations of the Swiss Confederation (Data Protection Act, DSG) and the EU-DSGVO, every person has the right to protection of their privacy as well as protection against misuse of their personal data.

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the legal data protection regulations and this privacy policy.

When you use this website, various personal data are collected. Personal data is data with which you can be personally identified. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

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


Responsible person & contact person
The responsible party for data processing on this website is:

wakeandy.ch
c/o Emocean GmbH
Schlossbergstrasse 5
8590 Romanshorn

info@emocean.gmbh
+41 79 325 50 80

Imprint
Contact person: Rachy Seger, rachy@emocean.gmbh

The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, e-mail addresses, etc.).


Revocation of your consent to data processing
Many data processing operations are only possible with your express consent. You can revoke consent you have already given at any time. For this purpose, an informal communication by e-mail to us is sufficient. The legality of the data processing carried out until the revocation remains unaffected by the revocation.


Right of appeal to the competent supervisory authority
In the event of violations of data protection law, the data subject has a right of appeal to the competent supervisory authority. The competent supervisory authority in matters of data protection law is the state data protection commissioner of the federal state in which our company is based. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html


Right to data portability
You have the right to have data that we process automatically on the basis of your consent or in performance of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another responsible party, this will only be done insofar as it is technically feasible.


SSL or TLS encryption
For security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator, this site uses SSL or TLS encryption. 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 SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.


Information, blocking, deletion
Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of data processing and, if necessary, a right to correction, blocking or deletion of this data. For this purpose, as well as for further questions on the subject of personal data, you can contact us at any time at the address given in the imprint.


Objection to advertising e-mails
We hereby object to the use of contact data published within the framework of the imprint obligation to send advertising and information material that has not been expressly requested. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.



DATA COLLECTION ON THIS WEBSITE

Cookies
Some of the Internet pages use so-called cookies. Cookies do not cause any damage to your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, effective and secure. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are so-called "session cookies". They are automatically deleted after the end of your visit. Other cookies remain stored on your terminal device until you delete them. These cookies allow us to recognize your browser on your next visit.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be limited.

Cookies that are required to carry out the electronic communication process or to provide certain functions that you have requested (e.g. shopping cart function) are stored on the basis of Art. 6 (1) lit. f DSGVO. The website operator has a legitimate interest in storing cookies for the technically error-free and optimized provision of its services. Insofar as other cookies (e.g. cookies for analyzing your surfing behavior) are stored, these are treated separately in this data protection declaration.


Server log files
The provider of the pages 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
- IP address

This data is not merged with other data sources. The basis for data processing is Art. 6 (1) lit. b DSGVO, which permits the processing of data for the fulfillment of a contract or pre-contractual measures.


What rights you have to your data
If you have an account on this website or have posted comments, you may request an export of your personal data from us, including any data you have provided to us. In addition, you may request the deletion of any personal data we hold about you. This does not include data that we are required to retain due to administrative, legal or security needs.


Contacting us / contact form
When contacting us (e.g. via contact form, email, telephone or via social media), the user's details are processed for the purpose of handling the contact request and its processing pursuant to Art. 6 (1) lit. b) DSGVO. The user's details may be stored in a customer relationship management system ("CRM system") or a comparable inquiry organization. The data you provide will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g., after we have completed processing your inquiry). Mandatory legal provisions - in particular retention periods - remain unaffected.


Comments
For the comment function on this site, in addition to your comment, information on the time of creation of the comment, your e-mail address and, if you do not post anonymously, the username you have chosen will be stored.


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


Storage period of comments
The comments and the associated data (e.g. IP address) are stored and remain on our website until the commented content has been completely deleted or the comments have to be deleted for legal reasons (e.g. insulting comments).


Legal basis
The storage of the comments is based on your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke any consent you have given at any time. For this purpose, an informal communication by e-mail to us is sufficient. The legality of the data processing operations already carried out remains unaffected by the revocation.


How long we store your data
If you write a comment, it will be stored including metadata for an unlimited period of time. This way, we can automatically recognize and approve follow-up comments instead of holding them in a moderation queue.

For users who register on our site, we also store the personal information they provide in their user profiles. All users can view, change, or delete their personal information at any time (the username cannot be changed). Administrators of the website can also view and modify this information.


Media
If you are a registered user and upload photos to this website, you should avoid uploading photos with an EXIF GPS location. Visitors to this website could download photos stored on this website and extract their location information.


Where we send your data
If we process data in a third country (i.e. outside the European Union or the European Economic Area), or if we do so in the context of using third-party services or disclosing or transferring data to third parties, this will only be done if it is done to fulfill our (pre)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests.

Subject to legal or contractual permissions, we process or allow the processing of data in a third country only if the special requirements of Art. 44 et seq. DSGVO are met. I.e. the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection corresponding to that of the EU (e.g. for the USA by the "Privacy Shield") or the observance of officially recognized special contractual obligations (so-called "standard contractual clauses").


Online presence in social media
We maintain online presences within social networks and platforms in order to be able to communicate with customers, interested parties and users active there and to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing guidelines of the respective operators of these platforms apply.

Unless otherwise stated in our privacy policy, we process the data of users insofar as they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.


Contact information
You can reach us at any time regarding data protection-related questions via our e-mail.


How we protect your data
We take data protection very seriously. All data is technically protected by multiple system firewalls, two-factor authentication and various database protection mechanisms.


What measures we offer in the event of data breaches
We have various reporting systems and contact mechanisms in place to detect, remediate and work around potential and real data leaks.



ANALYTICS SERVICES

Google Analytics
This website uses functions of the web analytics service Google Analytics. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google Analytics uses so-called "cookies". These are text files that are stored on your computer and enable an analysis of your use of the website. 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.

The storage of Google Analytics cookies is based on Art. 6 (1) lit. f DSGVO. The website operator has a legitimate interest in analyzing user behavior in order to optimize both its web offering and its advertising.


IP anonymization
We have activated the IP anonymization function on this website. This means that your IP address will be shortened by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information 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 any other data held by Google.


Browser Plugin
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 the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

If you use multiple browsers, browser profiles or different computers or additional devices with browsers, we would like to point out that any browser plug-ins or cookies that are intended to prevent the collection of data must be installed or set in each browser and browser profile in each case on all devices that are to be excluded from the collection. These measures only ever take effect in the browser or browser profile for which they have been properly implemented.

More information on the handling of user data by Google Analytics can be found in Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.

Order data processing
We have concluded an order data processing agreement with Google and fully implement the requirements of the data protection authorities when using Google Analytics.


Google reCAPTCHA
We use "Google reCAPTCHA" (hereinafter "reCAPTCHA") on our websites. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google").

The purpose of reCAPTCHA is to verify whether data entry on our websites (e.g. in a contact form) is made by a human or by an automated program. For this purpose, reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis starts automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g. IP address, time spent by the website visitor on the website or mouse movements made by the user). The data collected during the analysis is forwarded to Google.

The reCAPTCHA analyses run entirely in the background. Website visitors are not made aware that an analysis is taking place.

The data processing is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in protecting its web offers from abusive automated spying and from SPAM.

For more information on Google reCAPTCHA and Google's privacy policy, please refer to the following links: https://www.google.com/intl/de/policies/privacy/ https://www.google.com/recaptcha/intro/android.html


Google Adwords and Google Conversion Tracking
This website uses Google AdWords. AdWords is an online advertising program of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States ("Google").

Within the framework of Google AdWords, we use the so-called conversion tracking. When you click on an ad placed by Google, a cookie is set for conversion tracking. Cookies are small text files that the internet browser stores on the user's computer. These cookies lose their validity after 30 days and are not used to personally identify the user. If the user visits certain pages of this website and the cookie has not yet expired, Google and we can recognize that the user clicked on the ad and was redirected to this page.

Each Google AdWords customer receives a different cookie. The cookies cannot be tracked across AdWords customers' websites. The information obtained using the conversion cookie is used to create conversion statistics for AdWords customers who have opted in to conversion tracking. Customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive information that personally identifies users. If you do not wish to participate in the tracking, you can object to this use by easily deactivating the Google conversion tracking cookie via your internet browser under user settings. You will then not be included in the conversion tracking statistics.

The storage of "conversion cookies" is based on Art. 6 (1) lit. f DSGVO. The website operator has a legitimate interest in analyzing user behavior in order to optimize both its website and its advertising.

More information on Google AdWords and Google conversion tracking can be found in Google's privacy policy: https://www.google.de/policies/privacy/

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If you disable cookies, the functionality of this website may be limited.



PLUGINS & TOOLS

Embedded content from other websites
Posts on this website may contain embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves exactly as if the visitor had visited the other website.

These websites may collect information about you, use cookies, embed additional third-party tracking services, and record your interaction with that embedded content, including your interaction with the embedded content if you have an account and are logged into that website.


Integration of third-party services and content

Within our online offer, we use content or service offers of third parties on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) to integrate content or services offered by third-party providers, such as videos or fonts (hereinafter uniformly referred to as "content").

This always requires that the third-party providers of this content are aware of the IP address of the user, since without the IP address they could not send the content to their browser. The IP address is thus necessary for the display of this content. We endeavor to use only such content whose respective providers use the IP address only for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offer, as well as be linked to such information from other sources.

Google Maps
We integrate the maps of the service "Google Maps" of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Privacy policy: https://www.google.com/policies/privacy/
Opt-Out: https://adssettings.google.com/authenticated

Google Fonts
We integrate the fonts ("Google Fonts") of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. For technical reasons, however, your IP address must be transmitted to Google so that the fonts can be transferred to your browser.

Privacy policy: https://www.google.com/policies/privacy/
Opt-Out: https://adssettings.google.com/authenticated

UpdraftPlus
We use the backup service "UpdraftPlus". UpdraftPlus, trademark of Simba Hosting Ltd.

UK registered company number: 8570611, VAT number: 202 1260 80, Product development and marketing in co-operation with XIBO Ltd, Cardiff, UK.

Privacy policy: https://updraftplus.com/data-protection-and-privacy-centre/
Privacy policy for the use of the integrated Dropbox app: https://updraftplus.com/faqs/what-is-your-privacy-policy-for-the-use-of-your-dropbox-app/



NEWSLETTER

If you would like to receive the newsletter offered on the website, we require 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 or only on a voluntary basis. We use this data exclusively for sending the requested information and do not pass it on to third parties.

The processing of the data entered in the newsletter registration form is based exclusively on your consent (Art. 6 para. 1 lit. a DSGVO). 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. The legality of the data processing operations already carried out remains unaffected by the revocation.

The data you provide for the purpose of receiving the newsletter will be stored by us until you unsubscribe from the newsletter and will be deleted after you unsubscribe from the newsletter. Data stored by us for other purposes (e.g. e-mail addresses for the member area) remain unaffected by this.


Newsletter- Shipping service providerΒ Mailchimp
The newsletter is sent using the dispatch service provider "Mailchimp". Mailchimp
holds certification under the "EU-US Privacy Shield." The "Privacy Shield" is an agreement between the European Union (EU) and the USA, which is intended to ensure compliance with European data protection standards in the USA.

Β 

With the help of Mailchimp, we can analyze our newsletter campaigns. When you open an
email sent with Mailchimp, a file contained in the email (so-called web-beacon) connects to Mailchimp's servers in the USA. This makes it possible to determine whether a newsletter message has been opened and which links, if any, have been clicked on. In addition, technical information is collected (e.g. time of retrieval, IP address, browser type and operating system). This information cannot be assigned to the respective newsletter recipient. It is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients.Β 

If you do not want any analysis by Mailchimp, you can inform us in writing.


The data
you provide to us for the purpose of receiving the newsletter will be stored by us until you unsubscribe from the newsletter and will be deleted from both our servers and Mailchimp's servers after you unsubscribe from the newsletter. Data stored by us for other purposes (e.g. e-mail addresses for the member area) remain unaffected.



ONLINE SHOP

Pay-Pal
The controller has integrated components of PayPal on this website. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which represent virtual private or business accounts. In addition, PayPal offers the option of processing virtual payments via credit cards if a user does not maintain a PayPal account. A PayPal account is managed via an email address, which is why there is no classic account number. PayPal makes it possible to initiate online payments to third parties or to receive payments as well. PayPal also assumes trustee functions and offers buyer protection services.

The European operating company of PayPal is PayPal (Europe) S.Γ .r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

If the data subject selects "PayPal" as a payment option during the ordering process in our online store, data of the data subject will be automatically transmitted to PayPal. By selecting this payment option, the data subject consents to the transmission of personal data required for payment processing.

The personal data transmitted to PayPal are usually first name, last name, address, email address, IP address, phone number, cell phone number or other data necessary for payment processing. Also necessary for the processing of the purchase contract are such personal data that are related to the respective order.

The purpose of transmitting the data is payment processing and fraud prevention. The controller will transmit personal data to PayPal in particular if there is a legitimate interest for the transmission. The personal data exchanged between PayPal and the controller may be transferred by PayPal to credit reporting agencies. The purpose of this transmission is to check identity and creditworthiness.

PayPal may disclose the personal data to affiliated companies and service providers or subcontractors, insofar as this is necessary for the fulfillment of contractual obligations or the data is to be processed on behalf.

The data subject has the possibility to revoke the consent to the handling of personal data at any time vis-Γ -vis PayPal. A revocation does not affect personal data that must necessarily be processed, used or transmitted for (contractual) payment processing.

The applicable data protection provisions of PayPal can be found at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.