Privacy Policy

  1. Data privacy statement
  2. Storage of access data in server log files
  3. Data collection and use
  4. Data transfer for contract performance
  5. Cross-border transfer of personal data
  6. Data use for advertising purposes
  7. Use of cookies
  8. Use of Google Analytics for web analysis
  9. Social Media
  10. Links to our social media presences
  11. Retention periods
  12. User rights, data security and contact details

 

1. Data privacy statement

We, YO|YOGA AG, based in Switzerland, Holbrigstrasse 8a, 8049 Zurich, registered in the trade register of the canton of Zurich under the number CHE-114.634.275, are the operator of the website www.jadeyoga.ch as well as provider of products and services offered there.

We are grateful for your interest in our website. Furthermore, we are responsible for the collection, processing and use of your personal data and for the compatibility of the data processing with the respective applicable law, particularly the Swiss Data Protection Law and the EU General Data Protection Regulation (EU GDPR). 

For visitors to our website residing in Switzerland, Swiss law applies and references to the EU GDPR are generally illustrative. If data processing requires a justification pursuant to Art. 13 DPA (or Art. 31 DPA as of the entry into force of the Data Protection Act of 25 September 2020), references to consent, legitimate interest, necessity for the performance of a contract or a legal basis are to be understood as references to the corresponding justifications under Swiss law. 

We attach a lot of importance to the protection of your privacy. Hereunder, we provide you with detailed information on how we manage your data. Please note that the following information will be reviewed and amended from time to time. Therefore, we recommend checking this data privacy statement regularly.

 

2. Storage of access data in server log files

You can visit our website without having to provide personal details. We simply store access data in so-called server log files. The following data is thereby recorded without any action on your part and is stored by us until it is deleted automatically after a maximum of 12 months:

- IP address of the requesting computer,

- name and URL of the requested file,

- date and time of the retrieval,

- the website, from which the access was made,

- operating system of your computer and the browser used by you,

- the status code (e.g. error message),

- name of the requesting provider, and

- the country, from which you have accessed

 

This data will be used exclusively for the use of our website (connection set-up), to ensure smooth operation of the site, to improve our offer as well as for internal statistical purposes.

 

The afore-mentioned information will not be linked with or stored along with personal data. Only in the event of an attack on the network infrastructure of the website or in case of a suspicion of any other unlawful or improper use of the website, the IP address will be evaluated for clarification and defence and will, if necessary, be used within the scope of criminal proceedings for identification and for civil and criminal actions against the relevant users.

The afore-described purposes also correspond to our legitimate interest in data processing within the meaning of art. 6 para.1 lit. f of the GDPR.

 

3. Data collection and use

We collect personal data whenever you voluntarily disclose it within the scope of your order, when contacting us or when opening a customer account.

 

a. When opening a customer account

The entry of personal data for the creation of your customer account on our website is voluntary. This pertains to:

- E-mail address*,

- Password*,

- URL,

- First name*,

- Last name*,

- Company,

- Telephone*,

- Address*,

- City*,

- Country*,

- Zip code*, and

- If necessary, VAT number in case of resellers

Personal data marked with * must be provided truthfully and mandatorily. The telephone number is necessary in case of courier shipments in order to organize the dispatch. The telephone number will however not be used for marketing purposes.

Insofar as you have given your consent to this in accordance with Art. 6 para. 1 p. 1 lit. a GDPR by deciding to open a customer account, we will use your data for the purpose of opening the customer account as well as for storing your data for further future orders on our website. 

Deletion of your customer account is possible at any time and can be done either by sending a message to the contact option described in this privacy policy or by using a function provided for this purpose in the customer account. After deletion of your customer account, your data will be deleted, unless you have expressly consented to further use of your data pursuant to Art. 6 para. 1 p. 1 lit. a GDPR or we reserve the right to use data beyond this, which is permitted by law or in which there is an overriding interest and about which we inform you in this statement. 

 

b. When using the website as a registered user

When the website is used by logged-in, registered customers, we collect data for statistical reasons and to allow smooth functionality of the online shop. In particular, data is collected about the type, frequency and intensity of the use as well as the duration of membership.

The legal basis for the processing of your data for this purpose lies in the fulfilment of a contract pursuant to art. 6 para. 1 lit. b GDPR as well as in our legitimate interest in optimizing our website offer and personalizing our offer to you (art. 6 para. 1 lit. f GDPR). You can object to this data processing at any time; this would however be synonymous to the deletion of your customer account.

 

c. When ordering 

If you want to buy a product on our website, we will require different data for processing the purchase contract.

- Login data,

- First name*,

- Last name*,

- Company,

- E-mail address*,

- Telephone*

- Address*,

- City*,

- Country*,

- Zip code*, and

- Information within the scope of the payment

- If necessary, VAT number in case of resellers

 

Certain personal data marked with * must be provided truthfully and mandatorily.

In case of certain offers, additional information will be required. In the purchase process, you will be pointed to this additional information. When buying vouchers, you must, for example, also provide an email address for delivery in addition to the above information.

If you have opened a customer account and given your consent, we will collect, edit and store information about the ordered products or services requested, as well as data on your ordering, purchasing and payment behaviour in connection with your orders in the online shop, with the processing of your orders or the provision of services requested by you.

We will use this data only for the processing of the contract, unless otherwise specified in this data privacy statement or unless you have agreed separately. We will namely process the data to record your order as requested, to provide the ordered products, to contact you in the event of any uncertainties or problems and to ensure the correct payment.

The legal basis for the processing of your data for the above purposes lies in the fulfilment of a contract pursuant to art. 6 para.1 lit. b GDPR as well as in our legitimate interest in optimal administration of the customer relationship with you (art. 6 para. 1 lit. f GDPR).

 

d. When using the contact form 

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

- Name,

- E-mail, and

- Message

 

We will use this data to answer the questions asked by you or to provide the services requested by you and, if necessary, to contact you via email.

Our legitimate interest pursuant to art. 6 para. 1 lit. f GDPR will lie in the processing of your contact request. After complete processing of your request, your data will be deleted, unless you have expressly consented to further use of your data pursuant to Art. 6 para. 1 p. 1 lit. a GDPR or we reserve the right to use your data in the future, which is permitted by law and about which we inform you in this statement.

 

e. Administration and processing of customer inquiries  

For the purpose of managing and processing customer requests, we use the ticketing tool of the software "Freshdesk" of Freshworks, Inc ("Freshworks"), 2950 S. Delaware Street, Suite 201, San Mateo CA 94403, USA. This serves to protect our legitimate interests in effective and improved customer service, which prevail in the context of a balancing of interests, pursuant to Art. 6 (1) p. 1 lit. f GDPR.

 

4. Data transfer for contract performance

We will forward your personal data only if you have explicitly consented to this, if there is a legal obligation for this, or if this is necessary to enforce our rights, in particular to enforce claims arising from the contractual relationship.

Moreover, we will forward your data to third parties, insofar as this is necessary within the scope of the use of the website and the contract processing, namely the processing of your orders, the processing of your purchases, the delivery of your ordered products and payment thereof, for the provision of the services requested by you as well as the analysis of your user behaviour. The use of the data to be forwarded for this by the third parties will be strictly limited to the specified purposes.

Different third-party service providers will be explicitly mentioned in this data privacy statement (e.g. in the sections "Data use for advertising purposes", "Use of Google Analytics for web analysis" and "Links to our social media presences").

For the purpose of contract performance, we transfer your data to the mail order company commissioned with the delivery, to the extent required for delivery of the goods ordered. A service provider, to which the personal data collected through the website will be forwarded or which has or can have access to such data, is our web host. The website is hosted by Amazon Web Services, Krausenstr. 38, 10117 Berlin, Germany on servers in Frankfurt, Germany. Another service provider to whom personal data collected through the Website is or may be disclosed or accessed is our e-commerce platform provider, Magento Inc, San Jose (HQ), CA, 345 Park Ave, United States (a subsidiary of Adobe Commerce). 

Depending on which payment provider you select during the ordering process, in order to execute payments, we will transfer the payment data collected to the financial institution commissioned with the payment and if need be to any payment service providers that we may have commissioned or the payment service you selected. A number of the selected payment service providers collect this data of their own accord if you open an account there. In this case, you have to sign in during the ordering process with your login for the payment service provider. The data privacy statements of the respective payment service provider will apply.

We reserve the right to disclose data to our service providers for the purpose of fraud prevention and optimization of our payment processes (e.g. invoicing, processing of contested payments, accounting support) or to process such data ourselves for this purpose. Pursuant to Art. 6 (1) p. 1 lit. f GDPR, this serves to protect our legitimate interests in our protection against fraud or in efficient payment management, which outweigh these interests in the context of a balancing of interests.

 

5. Cross-border transfer of personal data

We are entitled to transfer your personal data even to companies domiciled outside of Switzerland respectively the EU and the European Economic Area, provided that this is necessary in connection with the aforementioned purposes. In this context, the statutory provisions regulating the disclosure of personal data to third parties are complied with as a matter of course. These third parties are bound to maintain data privacy to the same extent as us. If the level of protection of personal data in a country is not in accordance with Swiss respectively EU data protection law, we ensure by contract that the protection of your personal data always corresponds to that of Switzerland respectively that of the European Economic Area (EEA). If it is not possible to ensure the level of data protection by contract, it is possible that in individual cases we may nevertheless transfer your data to a country without an adequate level of data protection based on an exceptional circumstance.

Some of the third-party service providers mentioned in this privacy policy are based in the USA (see "Data transfer for contract fulfillment", "Data use for advertising purposes", "Use of Google Analytics for web analytics", and "Links to our social media presences"). For the sake of completeness, we would like to point out that there are monitoring measures in place in the USA by US authorities, which generally allow the storage of all personal data of all persons whose data has been transferred from Switzerland to the USA. This is done without any differentiation, limitation or exception based on the objective pursued and without any objective criterion that would make it possible to limit the access of the US authorities to the data and their subsequent use to very specific, strictly limited purposes that are capable of justifying the intrusion associated both with the access to these data and with their use. Furthermore, we would like to point out that there are no legal remedies available in the U.S. for Swiss data subjects to obtain access to the data concerning them and to obtain its correction or deletion, or there is no effective judicial legal protection against general access rights of U.S. authorities. 
 

6. Use of data for advertising purposes

a. Use of data when subscribing to the email newsletter 

You will receive a newsletter from us only upon an explicit request. Registration on the website will be necessary for this. Within the scope of the registration, the following details must be provided:

- E-mail address*

- Last name and first name

Certain personal data marked with * must be provided truthfully and mandatorily.

If you subscribe to our newsletter, we will use the data required for this or the data disclosed separately by you in order to send you our email newsletter regularly with your consent.

We also enrich the above data with data from your registration (language, country, etc.). The purpose of this data enrichment is the segmentation and better personalization of the newsletter dispatch.

We will use your data for the newsletter until you withdraw your consent. Unsubscribing from the newsletter is possible at all times, and this can be done by either sending a message to the contact person referred to hereunder or via a designated link in the newsletter.

For sending the newsletter, we work with Mailchimp, an email marketing platform from The Rocket Science Group, LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA. The transfer of data to Mailchimp is based on standard contractual clauses approved by the EU Commission or recognized as appropriate by the FDPIC. More information on the data protection at Mailchimp can be found here.

Our newsletter can contain a so-called web beacon (tracking pixel) or similar technical means. A web beacon is a 1x1 pixel, invisible graphic, which is linked with the user ID of the respective newsletter subscriber.

For every newsletter sent, there is information about the address file used, the subject and the number of newsletters sent. It can also be seen as to which addresses have not yet received the newsletter, to which address it was sent and to which addresses the dispatch has failed. It is also evident as to which addresses have opened the newsletter. Finally, the information as to which addresses have unsubscribed. We use this data for statistical purposes and for optimizing the newsletter with reference to its content and structure. This allows us to align the information and offers in our newsletter better with the individual interests of the recipients. The tracking pixel will be deleted if you delete the newsletter.

To prevent the use of the web beacon in our newsletter, please set your mail programme such that no HTML is displayed in messages if this is already not the case by default. On the following pages, you will find explanations as to how you can make this setting for the most common email programmes.

- Microsoft Outlook

- Mail for Mac (“Load remote content in messages”)

With the registration, you will give us your consent to the processing of the data entered for the regular dispatch of the newsletter to the address specified by you and for the statistical analysis of the usage behaviour as well as optimization of the newsletters. This consent represents our legal basis for the processing of the data for the newsletter within the meaning of art. 6 para. 1 lit. a GDPR.

 

b. Re-targeting 

We use so-called re-targeting technologies. Your usage behaviour on our website will thereby be analysed so that advertisement that is individually tailor-made for you can be offered even on partner websites. Your usage behaviour will be recorded pseudonymously.

Most of the re-targeting technologies work with cookies (for this, refer to the “Use of cookies” section).

This website uses Doubleclick by Google, a service from Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, for placing advertisements based on the use of previously visited websites. Service provider for the EU, EEA and Switzerland is Google Ireland Ltd., Gordon House, Barrow Street, Dublin, 4, Ireland (“Google”).

For this, Google uses the so-called DoubleClick cookie, which allows recognition of your browser when visiting other websites. The information generated by the cookie about the visit to these websites (including your IP address) is transferred to a Google server in the USA and saved there (you will find additional information on transfers of personal data into the USA below in the “Use of Google Analytics for web analysis” section).

Google will use this information to evaluate your use of the website with respect to the advertisements to be placed, to compile reports about the website activities and advertisements for the website operators, and to provide other services that are associated with the website use and the Internet use. Google will also transfer this information to third parties if this is legally prescribed or if third parties process this data on behalf of Google. Google will however, under no circumstances, link your IP address with other data of Google. The transfer of data to Google is based on standard contractual clauses approved by the EU Commission or recognized as appropriate by the FDPIC. More information on Google’s data protection can be found here.

You can prevent the re-targeting at any time by rejecting or deactivating the relevant cookies in the menu bar of your web browser (for this, refer to the “Use of cookies” section below).

The legal basis for the processing of the data for the aforementioned purposes lies in our legitimate interest in the interest-related and personalised advertising communication with you (art. 6 para. 1 lit. f GDPR). You can object to the processing at any time. The opt-out option has been pointed out previously.

 

7. Use of cookies

In order to make a visit to our website more attractive and facilitate the use of certain features, we use "cookies" on our website. Cookies are small files that are stored on your device and save specific settings and data for exchange with our system via your browser.

Some of the cookies that we use are deleted again at the end of the browser session, in other words after you close your browser (so-called "session cookies"). Other cookies remain on your terminal and enable us to recognise your browser the next time you visit the website (persistent cookies). Cookies neither damage the hard drive of your computer nor do these cookies transmit personal data of the users to us.

For example, we use cookies to identify you as a registered user without you having to log in separately. Please keep in mind that certain cookies are already set when you access our website. Most web browsers accept cookies automatically. You can configure your browser in such a manner that you are notified about the setting of cookies and decide in the individual case whether to accept them or not or exclude the acceptance of cookies in certain cases or generally. If cookies are not accepted, the functionality of our website may, however, be reduced.

Internet browsers allow you to control the storage of cookies on your PC. This is described in the Help menu of each browser and explains how to change your cookie settings. You can find the description for the respective browsers under the following links:

- Microsoft Windows Internet Explorer

- Mozilla Firefox

- Google Chrome for Desktop

- Google Chrome for Mobile

- Apple Safari for Desktop

- Opera for Desktop

 

The legal basis for the processing of the data for the aforementioned purposes lies in our legitimate interest in ensuring the functionality and optimising the website (art. 6 para. 1 lit. f GDPR). You can object to the processing at any time. The opt-out option has been pointed out previously.

 

8. Use of Google Analytics for web analysis

This website uses Google Analytics, a web analytics service provided by Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). Google Analytics uses methods that allow analysis of your use of the website, such as so-called "cookies", text files that are stored on your computer. The information generated by the cookie about your use of this website, such as

- Browser type/version

- Operating system used

- Referrer URL (the previously visited page)

- Host name of the accessing computer (IP address)

- Time of the server request

- Device

are usually transmitted to a server of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA and stored there. By activating IP anonymization ("anonymizeIP") on this website, the IP address is shortened in Member States of the European Union or in other contracting states to the Agreement on the European Economic Area and in Switzerland before being transmitted to the USA. The anonymised IP address transmitted by your browser in the context of Google Analytics will not be combined 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 these cases, we ensure through contractual guarantees that Google adheres to a sufficient level of data protection.

The information is used to evaluate your use of the website, in order to compile reports on the activities on our website and to provide other services associated with the use of the website for the purpose of market research and customising the website. Google will also transfer this information to third parties if this is legally prescribed or if third parties process this data on order. According to Google, the IP address will, under no circumstances, be linked with other data relating to the user.

Furthermore, you can prevent the collection of the cookie-generated data (including your IP address) about your use of the website by Google and the processing of this data by Google by downloading and installing the browser plug-in provided under the following link:

https://tools.google.com/dlpage/gaoptout?hl=en

The legal basis for the processing of the data for the aforementioned purposes lies in our legitimate interest in the optimisation and personalisation of our website and the services offered there (art. 6 para. 1 lit. f GDPR). You can object to the processing at any time. The opt-out option has been pointed out previously.

 

9. Social Media

We have a social  media presence on Facebook. Facebook is an offer of Facebook Ireland Ltd, 4 Grand Canal Square, Dublin 2, Ireland ("Facebook Ireland") The information automatically collected by Facebook Ireland about your use of our online presence on Facebook is usually transmitted to a server of Facebook, Inc, 1601 Willow Road, Menlo Park, California 94025, USA and stored there. No adequacy decision of the European Commission is available for the USA. Data transfer to the USA is based on standard contractual clauses approved by the EU Commission or recognized as adequate by the FDPIC. Data processing in the context of a visit to a Facebook fan page takes place on the basis of an agreement between jointly responsible parties pursuant to Art. 26 GDPR. Further information (information on Insights data) can be found here.

Insofar as you have given your consent to the respective social media operator for this purpose, your data will be automatically collected and stored for market research and advertising purposes when you visit our online presences on the social media mentioned in the above, from which usage profiles are created using pseudonyms. These can be used, for example, to place advertisements within and outside the platforms that presumably correspond to your interests. Cookies are generally used for this purpose. For detailed information on the processing and use of data by the respective social media operator, as well as a contact option and your rights in this regard and setting options for protecting your privacy, please refer to the privacy policy of Facebook.

 

10. Links to our social media presences

On our website you will find links to social media networks. Unless otherwise described in this privacy policy, these are not plugins provided by the provider, which, without the user having any influence, already transmit data to the provider when the page is loaded.  The interfaces to the social media networks will only contain a link to the social media network including transfer of the website to be shared. No user data will be transmitted from the website to the social media network.

The links will lead to the following networks:

- Instagram LLC, 1601 Willow Rd, Menlo Park CA 94025, USA

When you call up a link to one of our social media profiles, a direct connection will be established between your browser and the server of the social network concerned. The network will thus receive the information that you, with your IP address, have visited our website and called up the link. When you call up a link to a network while being logged in to your account with the network concerned, the contents of our website can be linked with your profile with the network; this means that the network can directly assign your visit to our website to your user account. If you want to prevent this, you should log out before using the corresponding links. An assignment will take place in any case if you log in with the network concerned after using the link.

 

11. Retention periods

We will save personal data only as long as this is necessary to execute the afore-mentioned tracking services and to carry out the further processing activities within the scope of our legitimate interest. We will retain contractual data for a longer period, as this is prescribed by legal retention obligations. Retention obligations that require us to retain data will result from accounting regulations and tax regulations. According to these regulations, business communication, concluded contracts and accounting records must be retained for up to 10 years. If we no longer need this data to execute the services for you, the data will be blocked. This means that the data may then only be used for billing and tax purposes.

 

12. User rights, data security and contact details

 

a. User rights

You can any time object to data processing, particularly to data processing in connection with direct advertisement (e.g. against advertising emails). Subject to legal restrictions, you also have the following rights:

Right to information: You will have the right to demand an insight into your personal data saved with us any time and free of charge if we are processing this data. You can check as to which of your personal data is being processed by us, and that we are using it according to the applicable data protection regulations. If neither the accuracy nor the inaccuracy of personal data can be established, you also have the right to have a notice of dispute affixed, provided that you are domiciled in Switzerland.

Right to correction: You will have the right to have incorrect or incomplete personal data corrected and to be informed about the correction. In this case, we will inform the recipients of the data concerned about the changes made unless this is impossible or associated with disproportionate effort.

Right to deletion: You will have the right to have your personal data deleted under certain circumstances. In the individual case, the right to deletion can be ruled out, e.g. because we have a legitimate interest in continued processing or are required to do so by law.

Right to restriction of the processing: Under certain conditions, you will have the right to demand restriction of the processing of your personal data.

Right to data transfer: If you are domiciled in Liechtenstein, you will have the right under certain circumstances to receive the personal data, which you have provided to us, from us free of charge in a readable format. If you are resident in Switzerland, you have the right to data transfer with the entry into force of the Data Protection Act of 25 September 2020 if we have processed your personal data based on your consent or for the performance of a contract.

Right of appeal: If you are domiciled in Liechtenstein, you will have the right to appeal to the competent supervisory authority in Liechtenstein against the method of the processing of your personal data. If you are a resident of Switzerland, you have the right to file a complaint with the Federal Data Protection and Information Commissioner.

Right of revocation: You will basically have the right to revoke an issued consent at any time. Processing activities in the past based on your consent will however not become illegal through your revocation.

 

b. Data security 

We take appropriate technical and organisational security measures to protect your personal data that is stored with us from manipulation, partial or complete loss and unauthorised access by third parties. Our security measures are constantly being improved in line with technological developments.

When you register yourself with us as a customer, the access to your customer account will be possible only upon entering your personal password in each case. You should always treat your payment information as confidential and close the browser window once you have ended the communication with us, particularly if you are using a shared computer.

We also take data protection within our organisation very seriously. Our employees and the service providers commissioned by us are obligated by us to maintain confidentiality and to comply with the data protection regulations. Moreover, they are granted access to personal data only to the necessary extent.

 

c. Contact details 

If you have any questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data as well as for revocation of issued consents or objection to a specific use of data, please directly contact our contact person for data protection law by sending an email to namaste@jadeyoga.ch.

 

Updated: August 2023