Data protection
We are delighted that you are interested in our online store. L’ESPRIT DU VIN takes your privacy very seriously. This is why ne handle your personal data with the utmost care, in accordance with the applicable data protection regulations. This declaration informs you of our privacy policy, i.e. the processing of personal data collected via our website or, more generally, in the context of the services we provide.
We store your personal data only for as long as is necessary to provide our services or as required by law. In close collaboration with our hosting provider, we make every effort to protect our databases from external intrusion, loss, misuse and falsification.
This statement is based on the European Data Protection Regulation (RGPD). Although the RGPD is an EU regulation, it is of great importance to us. Swiss data protection law is strongly influenced by European law, and companies outside the EU or EEA are required, in certain cases, to comply with the RGPD.
1. Data Protection Officer
If you have any questions about our privacy policy, please contact us at the following address:
L’ESPRIT DU VIN, S. LOHRMANN
SébastienLohrmann
Responsible for data protection
Chemin du Lin 7
1292 Chambésy
Switzerland
(head office)
2. Collection and processing of personal data
In principle, our digital presence can be used without you having to provide any personal data. In accordance with standard practice, certain data such as IP addresses and other usage information are automatically collected by our web analytics software, then processed and evaluated anonymously. By using our digital presence, you consent to the collection, use and disclosure of such data in accordance with this privacy statement.
To the extent permitted by law, we also collect certain data from publicly available sources (e.g. debt enforcement register, land register, commercial register, press, Internet) or obtain it from public authorities and other third parties for the purpose of concluding or fulfilling contracts with you.
3. Data processing purposes and legal basis
In addition, we process personal data about you and others to the extent permitted by law and to the extent we consider appropriate, in particular for the following purposes, in which we (and sometimes third parties) have a legitimate interest:
- Control and optimization of needs analysis procedures for a targeted approach to customers, as well as the collection of personal data from publicly available sources for customer acquisition;
- Advertising and information about our offers and services (including the organization of events) insofar as you have not objected to the use of your data (when we send you advertising because you are one of our customers, you can object at any time; you will then be placed on an advertising blocking list);
- Market research, opinion polls, media monitoring;
- Exercise of rights and legal defence in legal disputes and administrative proceedings;
- Prevention and investigation of crime and other wrongdoing (e.g. internal investigations, data analysis to combat fraud);
- Maintaining the proper functioning of our services, in particular the IT infrastructure and our website;
- Measures to ensure the security of information systems, buildings and installations, as well as that of our employees, other people and assets belonging to or entrusted to us.
Insofar as you have given us your consent to process your personal data for specific purposes (e.g. subscription to our newsletters), we process your personal data within the scope of and on the basis of this consent, unless there is another legal basis or other valid reasons. Consent may be revoked at any time; however, such revocation will have no effect on data already processed.
When personal data is processed as part of the administration of industrial property rights, the law and ordinance tell us what data to process and in what form. We are legally obliged to inform the public about the titles of protection in force in Switzerland and the personal data associated with them.
4. Cookies, tracking and other technologies related to the use of our website
On our websites, we use “cookies” and other similar techniques to identify your browser or device. A cookie is a small file that is sent to your computer, or stored automatically on your computer or mobile device, by the web browser you use when you visit our website. When you visit the same site again, we can recognize you, even if we don’t know who you are. In addition to cookies that are only used during a session and are deleted after you have visited the site (“session cookies”), cookies that store user settings and other information for a certain period of time (e.g. two years) may also be used (“permanent cookies”). However, you can set your browser to refuse cookies, save them only for a session, or delete them early. Most browsers are pre-configured to accept cookies. We use permanent cookies to better understand how you use our offers and content. When you deactivate cookies, certain functions (e.g. language selection) may no longer function.
In our newsletters and other marketing e-mails, we include visible and invisible image elements within the permissible limits, which enable us, by consulting our servers, to determine whether and when you have opened the mail, so that we can, in this case too, measure and better understand how you use our offers and adapt them to your needs. You can block this process in your e-mail program.
By using our website and consenting to receive newsletters and marketing emails, you agree to the use of these techniques. If you do not wish to do so, you must set your server or e-mail program accordingly.
We sometimes use Google Analytics on our websites. This is a third-party service that may be located in any country in the world (in the case of Google Analytics, this is Google LLC in the USA, www.google.com), which enables us to measure and evaluate site usage (on the basis of non-personal information). Permanent cookies created by the service provider are also used for this purpose. We do not pass on any personal data to the service provider (who does not store any IP addresses), but the latter may track your use of the site, combine this information with data from other Internet pages you have visited and which it also tracks, and use this information for its own purposes (e.g. advertising management). If you are registered with the service provider, it will also know who you are. The service provider is therefore responsible for processing your personal data in accordance with its privacy policy. The service provider only tells us how our website is used (no personal information about you).
We have activated IP address anonymization, which means that the IP addresses of users of our website that are necessarily transmitted to Google Analytics servers are automatically truncated as quickly as possible (masking of the last byte of the address).
We also use plugins from social networks such as Facebook or Instagram on our website. You can usually view these with the corresponding symbols. We have configured these elements to be deactivated by default. If you activate them (by clicking on them), data relating to your visit to our site will be transmitted to the social network operator, who may use it for their own purposes. The social network operator is then responsible for processing your personal data in accordance with its privacy policy. They will not pass on any information about you to us.
5. Transmission of data to third parties
Your personal data will not be passed on, sold or otherwise transferred to third parties, unless this is necessary for the performance of the contract or our legal obligations, or unless you have expressly consented to this. L’ESPRIT DU VIN may also transfer data to third parties if required to do so by law or by administrative or judicial decision.
By law, any person may consult the registers kept by us and thus become a recipient of the personal data processed therein. This also applies to consultation of the file from the moment when the title of protection is entered in the register or the patent application fascicle is published. Under certain conditions, which are laid down in the respective ordinances, consultation of the file may be requested before this date.
6. Retention period of personal data
We process and store your personal data for as long as is necessary for the performance of our contractual and legal obligations or for the purposes pursued by the processing, i.e., for example, for the duration of a business relationship (preparation, performance and termination of a contract) and beyond this period in accordance with legal retention and documentation obligations. We may retain personal data for the period during which claims may be made against us and because we are obliged to do so by law or by legitimate business interests (e.g. for evidential or documentation purposes).
7. Data security
Data is transmitted via a secure SSL connection, so that no unauthorized third party can access it. SSL-protected pages are those whose address begins with https://. Most browsers also display a small closed padlock, for example in the status bar at the bottom of the screen.
8. Obligation to make personal data available
As part of our business relationship, you are required to provide us with personal data that is necessary for the conclusion and management of a business relationship and the performance of any contractual obligations arising therefrom (as a general rule, you are under no legal obligation to provide us with data). Without this personal data, we are generally unable to enter into and perform a contract with you (or the entity or person representing you) or to meet our legal obligations.
9. Rights of the person concerned
Under the data protection law applicable to you and insofar as its provisions so provide (as in the case of the RGPD), you have a right to information, rights to rectification, erasure, restriction of the processing of your data, as well as to object to our processing of your data and to the handing over of some of your data for transmission to another entity (data portability). Please note, however, that we reserve the right to apply restrictions provided by law, for example where we are obliged to store and process certain data, have an overriding interest in doing so (insofar as we are able to rely on this) or need to do so in order to exercise our rights. If any charges apply, we will inform you in advance. We have drawn your attention to your right to revoke your consent in point 3. Please note that exercising these rights may conflict with contractual agreements and have consequences such as early termination of a contract or the application of charges. In such cases, we will inform you in advance, unless otherwise stipulated by contract or provided for by law.
In order to exercise such rights, you must provide us with clear proof of your identity (e.g. a copy of your identity card if your identity is unclear or cannot be verified in any other way). To assert your rights, please contact us at the address given in point 2.
All data subjects also have the right to take legal action or lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner(https://www.edoeb.admin.ch).
10. Modifications
We reserve the right to modify this privacy statement at any time and without prior notice. The valid version is the one currently published on the L’ESPRIT DU VIN website. Whenever appropriate, we will inform you by e-mail or other appropriate means of any updates to this declaration.
