Privacy policy
This is a translation of our German privacy policy. In case of any discrepancy, the German version shall prevail.
1 The security of user data comes first
Berryxcape respects the privacy of all users of the website or online shop (hereinafter "the customer" or "the customers"). These privacy provisions form the basis for the processing of personal data and explain what kind of user data is collected from customers by Berryxcape, how Berryxcape uses this data, and what rights customers have. Berryxcape complies with applicable data protection laws and only processes personal data for the purposes for which it was provided.
These privacy provisions are updated, supplemented or amended from time to time. With every new visit to the website, the latest available version applies.
Should any contradictions arise between this privacy policy and other applicable contractual or business terms of Berryxcape, the provisions of this privacy policy shall take precedence.
2 Type and purpose of data collected
The term "personal data" within the meaning of this privacy policy refers to information by which the customer can be personally identified.
The processing of personal data refers to any handling of personal data, such as collecting, using, storing, disclosing, transmitting or deleting data.
Berryxcape collects personal data automatically when the customer interacts with the website or uses the online shop. In addition, personal data is collected automatically or manually that a customer provides (e.g. by making contact, creating a user profile or customer account).
2.1 Data collected automatically
When visiting the Berryxcape website, statistical visitor data is automatically collected about which parts of the website are visited by the customer. Each time a website is accessed, the web server automatically saves a so-called server log file containing, for example, the name of the requested file, the customer's IP address, date and time of access, browser used, operating system, transferred data volume and the requesting provider (access data) and documents the request. In this context, so-called cookies (see section 4 below) are partly required.
This access data is evaluated exclusively for the purpose of ensuring trouble-free operation of the site and for improving our service.
2.2 Data collected during interaction with Berryxcape, for contract processing, contact and when opening a customer account
Berryxcape does not automatically collect personal data of customers, such as name, address, telephone number or e-mail address.
However, personal data is collected from customers when they voluntarily provide it as part of an order or when contacting Berryxcape (e.g. via contact form or e-mail). Mandatory fields are marked as such, as Berryxcape requires this data to process the contract or the contact request, and without this information the order or contact request cannot be sent. Which data is collected is shown in the respective input forms.
If a customer decides to open a customer account, Berryxcape uses the personal data for the purpose of opening the customer account. The mandatory information requested during registration must be provided in full; otherwise Berryxcape may reject the registration. Berryxcape only uses the collected personal data for the purpose of using the online shop or the respective offer or service for which the customer has registered. In addition, Berryxcape may use the customer's e-mail address to inform them about important changes, such as changes to the scope of the offer or technically necessary changes.
After complete processing of the contract or after deletion of the customer account, the customer's data will be restricted for further processing and deleted after the statutory retention periods under tax and commercial law, unless the customer has explicitly consented to further use of the data or Berryxcape reserves the right to further use of the data that is permitted by law. The customer account can be deleted at any time, either by sending a message to the contact details below (see section 9 below) or via a function provided in the customer account.
3 Legal basis for collecting and processing personal data
The legal basis for the collection and processing of personal data depends in each individual case on the respective purpose of the data processing. In particular, the following may apply:
the safeguarding of the legitimate interests of Berryxcape, provided that the interests of the customer or fundamental rights or freedoms are not unduly impaired;
the conclusion or performance of a contract; or
the customer's consent at the time of collecting the personal data. The customer can revoke their consent at any time. For this purpose, the customer may send a corresponding notification to the contact details described below. The lawfulness of any data processing already carried out remains unaffected by the revocation.
4 Use of cookies and use of data
4.1 Cookies
In order to continuously improve the website for customers, Berryxcape may use cookies. Cookies are small pieces of software information that are stored on the customer's computer hard drive by web browsers (e.g. Google Chrome, Internet Explorer or Mozilla Firefox) to facilitate the use of the website (e.g. language selection, shopping cart, etc.).
Some of the cookies used by Berryxcape are deleted after the end of the browser session, i.e. after closing the web browser (so-called session cookies). Other cookies remain on the device and enable Berryxcape to recognise the customer's web browser on the next visit (so-called persistent cookies). The duration of storage can be found in the overview of cookie settings in the web browser.
Most web browsers accept such cookies automatically, but the web browser can be configured so that it does not accept or store cookies. However, deactivating cookies may limit the functionality of the website. Details can be found in the user manual or help function of the web browser.
4.2 Use of data
The anonymised data recorded by cookies when the Berryxcape website is accessed may be used for web analysis purposes, for the optimisation of the website and for measuring performance. Berryxcape may use third-party providers for this purpose, some of whom have their own privacy regulations over which Berryxcape has no influence.
Berryxcape uses functions of the following web analytics services:
Google Analytics
Provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google evaluates the use of the website in order to compile reports on website activities and to provide further services related to website use and internet use to Berryxcape. The IP address transmitted by the customer's web browser as part of Google Analytics is not combined with other data from Google.
The information generated by cookies about the use of the website is generally transferred to a Google server in the USA and stored there. Google complies with the data protection provisions of the "Swiss-U.S. Privacy Shield" agreement and has registered with the US Department of Commerce for the "Swiss-U.S. Privacy Shield" (information on the Swiss-U.S. Privacy Shield can be found at https://www.privacyshield.gov/Swiss-US-Privacy-Shield-FAQs).
Further information can be found in Google's privacy policy at https://support.google.com/analytics/answer/6004245?hl=en.
Google Ads and Google Conversion Tracking
Provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
As part of Google Ads, Berryxcape uses so-called conversion tracking. When the customer clicks on an ad placed by Google, a conversion tracking cookie is set. These cookies lose their validity after 30 days at the latest and do not serve to identify the customer. When the customer visits the Berryxcape website and the cookie has not yet expired, Google and Berryxcape can recognise that the customer clicked on the ad and was redirected to this page.
Berryxcape learns from Google the total number of users who clicked on the ad and were redirected to a website tagged with a conversion tracking tag. However, Berryxcape does not receive any information that personally identifies the customer.
Further information can be found in Google's privacy policy at https://www.google.de/policies/privacy/.
Google Maps
Provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
Berryxcape uses Google Maps to visually display geographic information. When using Google Maps, Google transmits and processes data about the use of the Maps functions by website visitors, which may include in particular the IP address as well as location data. Berryxcape has no influence on this data processing.
Insofar as information is transferred to Google servers in the USA and stored there, the American company Google LLC is certified under the "Swiss-U.S. Privacy Shield".
To deactivate the Google Maps service and thus prevent the transfer of data to Google, a customer must disable the Java-Script function in the web browser. In this case, Google Maps cannot be used or can only be used to a limited extent.
Further information can be found in Google's privacy policy at
https://www.google.com/intl/en/help/terms_maps/.
4.3 Social media content
Berryxcape may use social media plugins from social networks such as Facebook, Instagram or Twitter on the website.
When the customer visits a website that contains such a plugin, the web browser establishes a direct connection to the servers of the respective social network. The content of the plugin is transmitted directly by the respective provider to the web browser and embedded in the page. Through the integration of the plugins, the providers receive the information that the customer's web browser has accessed the corresponding page of Berryxcape, even if the customer does not have a profile with the respective social network or is not currently logged in. This information (including the IP address) is transmitted directly from the customer's web browser to a server of the respective provider (possibly in the USA) and stored there. If the customer is logged in to one of the services, the providers of the social network can directly associate the visit to the Berryxcape website with the profile on the respective social network. If the customer interacts with the plugins, for example by pressing the "Like" or "Share" button, the corresponding information is also transmitted directly to a server of the providers and stored there. The information is also published on the social network and displayed there to the customer's contacts.
These social network platforms have their own data protection regulations over which Berryxcape has no influence.
The purpose and scope of data collection and the further processing and use of the data by the providers on their sites, as well as a contact option and the related rights of customers and setting options for the protection of privacy, can be found in the providers' privacy notices:
https://www.facebook.com/policy.php
https://twitter.com/en/privacy
https://help.instagram.com/155833707900388
If the customer does not wish any of these plugins to be loaded, it is recommended to log out of the corresponding social network. Furthermore, various web browsers can be configured or supplemented with add-ons (e.g. Facebook Blocker) so that the social media plugins are not loaded.
5 Newsletter
If the customer wishes to receive a newsletter offered by Berryxcape, Berryxcape requires the customer's e-mail address and other information that allows verification that the customer is the owner of the e-mail address provided and agrees to receive the newsletter (so-called "double opt-in" procedure). If the customer wishes to register for a newsletter as a registered customer, they can give their consent at the time of registration or later via the registration function in the customer account.
With the newsletter, the customer regularly receives recommendations and offers that may be of interest. For this purpose, Berryxcape collects and processes personal data regarding the customer's use of the website, orders placed with Berryxcape, and how the customer uses the newsletter (e.g. whether the newsletter is opened or which web URL links are clicked). Berryxcape may evaluate this data for statistical purposes in order to better tailor the content of the newsletter to the interests of customers.
The processing of personal data entered in the newsletter registration form is based on the customer's consent, which can be revoked at any time for the future. The revocation is made either via the "unsubscribe" link in the newsletter, written notification from the customer to Berryxcape at the address listed below, or unsubscription in the customer account. Berryxcape uses the collected personal data for the content design and dispatch of the newsletter. There is no transfer to third parties for their own (advertising) purposes.
Berryxcape stores the personal data provided by the customer for the purpose of receiving the newsletter until the customer unsubscribes from the newsletter.
6 Disclosure of your data
Berryxcape will not disclose the personal data of customers to third parties. This excludes cases where the customer has consented to the disclosure of data to companies not affiliated with Berryxcape, or where Berryxcape is legally, officially or judicially required to do so. Furthermore, this excludes cases where service providers are involved who support Berryxcape in data processing, the administration of the website or in other ways as well as in the provision of the products and services requested by the customer (e.g. parcel or newsletter dispatch service providers). These third parties are required to maintain the same level of security and data protection as Berryxcape.
7 Data security
Unfortunately, the transmission of data via the internet is not absolutely secure. Berryxcape works with service providers and internet providers that take appropriate technical and organisational security measures to protect the personal data of customers. However, Berryxcape cannot guarantee the security of the data transmitted by the customer. Every data transmission is therefore at the customer's own risk.
8 Your rights to information and revocation
Every customer is of course free to inform Berryxcape at any time — for example by e-mail — that their personal data should not be used to make contact in the future. Participation in the special services of the Berryxcape website, such as the newsletter service, can also be revoked at any time.
In addition, there is the possibility of obtaining information on the processing of data or requesting a copy of the personal data collected via the Berryxcape website.
9 Contact
If you have any questions about this privacy policy or data protection at Berryxcape, you can contact Berryxcape using the following contact details:
Berryxcape.chOberdorfstrasse 11
8153 Rümlang
Switzerland
info@berryxcape.ch
10 Final provisions
Should individual provisions or parts of these privacy provisions prove to be invalid or ineffective, this shall not affect the validity of the remaining privacy provisions.
The place of jurisdiction and the applicable law are governed by the Terms & Conditions.
(Version 01.02.2023)