Privacy policy

Privacy policy

This privacy policy provides information about which personal data we process in connection with our skullpot.com website and our other services. In particular, we provide information on what personal data we process, for what purpose, how and where. 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:

Skullz GmbH
Main street 77
6260 Reiden
Switzerland

info@skullpot.com

We would like to 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):

VGS Datenschutzpartner UG
Am Kaiserkai 69
20457 Hamburg
Germany

info@datenschutzpartner.eu

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 bases

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).

If and insofar as the General Data Protection Regulation (GDPR) is applicable, we process personal data in accordance with at least one of the following legal bases

- Art. 6 para. 1 lit. b GDPR 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 in particular 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 whose processing is no longer required is anonymized or deleted. Persons whose data we process have a fundamental 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 shopping in our online store. We can store such data 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). 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 - as is generally the case with any Internet use - to mass surveillance without cause or suspicion and 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 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 (referer 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.

6 Notifications and messages

We send notifications and messages such as newsletters by e-mail and via other communication channels such as instant messaging.

6.1 Measuring success and reach

Notifications and messages may contain web links or tracking pixels that record whether an individual message has been opened and which web links have been clicked on. Such web links and tracking pixels can also record the use of notifications and messages on a personal basis. We require this statistical recording of usage to measure success and reach in order to be able to offer notifications and messages in an effective, user-friendly, permanent, secure and reliable manner based on the needs and reading habits of the recipients.

6.2 Consent and objection

In principle, you must expressly consent to the use of your e-mail address and other contact addresses, unless the use is permitted for other legal reasons. Wherever possible, we use the "double opt-in" procedure for any consent to receive e-mails, i.e. you will receive an e-mail with a web link that you must click on to confirm, so that no misuse by unauthorized third parties can occur. We may log such consents, including the Internet Protocol (IP) address, date and time, for evidence and security reasons.

You can unsubscribe from notifications and communications such as newsletters at any time. By unsubscribing, you can object in particular to the statistical recording of usage for measuring success and reach. Notifications and messages that are absolutely necessary for our offer remain reserved.
6.3 Service providers for notifications and messages

We may send notifications and messages via third-party services or with the help of service providers. Cookies may also be used for this purpose.

7. social media

We are present on social media platforms and other online platforms in order to communicate with interested parties and provide information about our services. Personal data may also be processed outside Switzerland and the European Economic Area (EEA).

The General Terms and Conditions (GTC) and terms of use as well as data protection declarations and other provisions of the individual operators of such online platforms also apply in each case. These provisions provide information in particular about the rights of data subjects, including in particular the right to information.

We are jointly responsible with Facebook Ireland Limited in Ireland for our social media presence on Facebook, including the so-called Page Insights, if and to the extent that the GDPR is applicable. Page Insights provide information about how visitors interact with our Facebook presence. We use Page Insights to provide our social media presence on Facebook in an effective and user-friendly way.

Further information on the type, scope and purpose of data processing, information on the rights of data subjects and the contact details of Facebook and Facebook's data protection officer can be found in Facebook's privacy policy ("Data Policy"). We have concluded the so-called "Controller Addendum" with Facebook and thus agreed in particular that Facebook is responsible for guaranteeing the rights of data subjects. For the so-called Page Insights, the corresponding information can be found on the Facebook pages "Information on Page Insights" including "Page Insights Supplement regarding the controller" and "Information on Page Insights data".

8 Third-party services

We use third-party services to provide our services in a permanent, user-friendly, secure and reliable manner. Such services may also be used to embed content in our website. Such services - for example hosting and storage services, video services and payment services - require your Internet Protocol (IP) address, as otherwise such services cannot transmit the corresponding content.

For their own security, statistical and technical purposes, third parties whose services we use may also process data in connection with our offer and from other sources - including cookies, log files and tracking pixels - in aggregated, anonymized or pseudonymized form.

We use in particular:

- Google services: Provider: Google LLC (USA) / Google Ireland Limited (Ireland) for users in the European Economic Area (EEA) and Switzerland; General information on data protection: "Privacy and Security Principles", Privacy Policy, "Google is committed to complying with applicable data protection laws", "Privacy Policy for Google Products", "How we use data from websites or apps on or in which our services are used" (information from Google), "How Google uses cookies", "Personalized advertising" (activation / deactivation / settings).

8.1 Digital infrastructure

We use third-party services in order to be able to use the digital infrastructure required for our offering. These include, for example, hosting and storage services from specialized providers.

8.2 Fonts

We use third-party services to embed selected fonts, icons, logos and symbols on our website.

We use in particular:

- Google Fonts: Fonts; Google Fonts-specific data protection information: "What does using the Google Fonts API mean for the privacy of my users?" ("What does using the Google Fonts API mean for the privacy of my users?").

8.3 Payments

We use payment service providers to process our customers' payments securely and reliably. The terms and conditions of the respective payment service providers, such as general terms and conditions or data protection declarations, apply to processing.

We use the following in particular:

- SIX Payment Services (including Saferpay): Processing of payments; providers: SIX Payment Services AG (Switzerland) / SIX Payment Services (Europe) S.A. (Luxembourg) / SIX Payment Services (Germany) GmbH (Germany) / SIX Payment Services (Europe) S.A. (Luxembourg), Austrian branch; Data protection information: Data protection declaration, "Customer information on data protection".

9 Performance and reach measurement

We use services and programs to determine how our online offering is used. In this context, we can, for example, measure the success and reach of our online offering and the effect of third-party links to our website. We can also, for example, test and compare how different versions of our online offering or parts of our online offering are used ("A/B test" method). Based on the results of the success and reach measurement, we can in particular correct errors, strengthen particularly popular content or make improvements to our online offering.

When using services and programs to measure success and reach, the Internet Protocol (IP) addresses of individual users must be stored. IP addresses are always truncated in order to comply with the principle of data minimization and to improve the data protection of visitors to our website ("IP masking") through the corresponding pseudonymization.

When using services and programs to measure success and reach, cookies may be used and user profiles may be created. User profiles include, for example, the pages visited or content viewed on our website, information on the size of the screen or browser window and the - at least approximate - location. In principle, user profiles are only created in pseudonymized form. We do not use user profiles to identify individual visitors to our website. Individual services with which you are registered as a user may be able to assign the use of our online offering to your profile with the respective service, whereby you usually have to give your prior consent to this assignment.

We use the following in particular:

- Google Analytics: Success and reach measurement; Google Analytics-specific data protection information: Measurement also across different browsers and devices (cross-device tracking) and with pseudonymized Internet Protocol (IP) addresses, which are only transmitted in full to Google in the USA in exceptional cases, "Data protection", "Browser add-on to deactivate Google Analytics".
- Google Tag Manager: Integration and management of services for measuring success and reach as well as other services from Google and third parties; further information on data protection can be found in the individual integrated and managed services.

10. final provisions

We may amend and supplement this privacy policy at any time. We will provide information about such amendments and additions in an appropriate form, in particular by publishing the current data protection declaration on our website.

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