Privacy policy Medidor AG

A. Cross-channel information

 

Responsible and content of this privacy policy

We, Medidor AG, are the operator of the website www.pilates.ch (hereinafter referred to as the "website") and, unless otherwise stated, are responsible for the data processing specified in this privacy policy.

So that you know what personal data we collect from you and for what purposes we use it, please take note of the following information. Our data protection policy is based primarily on the legal requirements of Swiss data protection law, in particular the Federal Act on Data Protection (FADP).

Please note that the following information is reviewed and amended from time to time. We therefore recommend that you consult this privacy policy regularly. Furthermore, other companies are responsible or jointly responsible with us under data protection law for individual data processing operations listed below, so that in these cases the information provided by these providers is also authoritative.

 

2. contact person for data protection

If you have any questions about data protection or would like to exercise your rights, please get in touch with our contact person for data protection by sending an E-mail to the following address:
info@pilates.ch

 

3. your rights

If the legal requirements are met, you have the following rights as a data subject:

Right to information: You have the right to request access to your personal data stored by us at any time free of charge if we are processing it. This gives you the opportunity to check what personal data we process about you and that we use it in accordance with the applicable data protection regulations.

Right to rectification: You have the right to have inaccurate or incomplete personal data rectified and to be informed of the rectification. In this case, we will inform the recipients of the data concerned about the adjustments made, unless this is impossible or involves disproportionate effort.

Right to erasure: You have the right to have your personal data erased under certain circumstances. In individual cases, particularly in the case of statutory retention obligations, the right to erasure may be excluded. In this case, the data may be blocked instead of erased if the conditions are met.

Right to restriction of processing: You have the right to request that the processing of your personal data be restricted.

Right to data portability: You have the right to receive from us, free of charge, the personal data that you have provided to us in a readable format.

Right to object: You can object to data processing at any time, in particular for data processing in connection with direct advertising (e.g. advertising e-mails).

Right of withdrawal: In principle, you have the right to withdraw your consent at any time. However, processing activities based on your consent in the past will not become unlawful as a result of your withdrawal.

To exercise these rights, please send us an E-mail to the following address:
info@pilates.ch

Right to lodge a complaint: You have the right to lodge a complaint with a competent supervisory authority, e.g. against the way in which your personal data is processed.

 

4. data security

We use suitable technical and organizational security measures to protect your personal data stored by us against loss and unlawful processing, in particular against unauthorized access by third parties. Our employees and the service companies commissioned by us are obliged to maintain confidentiality and comply with data protection regulations. In addition, these persons only have access to your personal data to the extent necessary to fulfill their tasks.

Our security measures are continuously adapted in line with technological developments. However, the transmission of information via the Internet and electronic means of communication always involves certain security risks and we cannot provide an absolute guarantee for the security of information transmitted in this way.

 

5. contact us

If you contact us via our contact addresses and channels (e.g. by E-mail, telephone or contact form), your personal data will be processed. We process the data that you provide to us - for example, the name of your company, your name, your function, your E-mail or telephone number and your request. The time of receipt of your request is also documented. Mandatory information is marked with an asterisk (*) in contact forms.

We process this data exclusively in order to implement your request (e.g. providing information about a product, support with contract processing such as returning products, incorporating your feedback into the improvement of our service).

 

6. use of your data for marketing purposes

6.1 Central data storage and analysis in the CRM system (Customer Relationship Management system)

If a clear assignment to your person is possible, we store and link the data described in this privacy policy - in particular your personal data, your contact details, your contract data and your surfing behavior on our websites - in a central database. This serves the efficient administration of your data, enables us to respond to your requests appropriately and supports the efficient provision of the services requested by you and the processing of the associated contracts.

We evaluate this data in order to further develop our offers in line with your needs and to display and suggest the most relevant information and offers to you. We also use methods that predict potential, interests and future orders based on your use of the website.

 

6.2 E-mail and newsletters

If you sign up for our E-mail(e.g. when registering or within your customer account), your E-mail will be saved. Mandatory information is marked with an asterisk (*) in the registration form.

In order to avoid misuse and to ensure that the owner of an E-mail has actually given their consent, we use the so-called double opt-in for the registration of customers who cannot be clearly identified. In this case, you will receive an E-mail from us containing a confirmation link after you have sent your registration. To definitely register for the newsletter, you must click on this link.

By registering, you consent to the processing of this data so that we can send you news about our company, our offers in the areas of therapy supplies, therapy equipment and facilities as well as sport, fitness and Pilates and related products and services. This may also include behaviour-based or personalized content, as well as invitations to take part in competitions or to rate the products and services mentioned.

The collection of your E-mail enables us to assign your registration to an existing customer number. The link to your customer account helps us to make the content and offers in the newsletter more relevant to you and better tailored to your potential needs.

We will use your data to E-mail as long as you do not revoke your consent. You can revoke your consent at any time - in particular via the unsubscribe link in all our marketing e-mails.

Our marketing emails may contain a so-called web beacon or 1x1 pixel (tracking pixel) or similar technical aids. A web beacon is an invisible graphic that is linked to the user ID of the respective newsletter subscriber. For each E-mail e-mail sent, we receive information about which addresses have not yet received the E-mail , to which addresses it was sent and which addresses failed to receive it. We also see which addresses have opened the E-mail and which links they have clicked on. Finally, we also receive information about which addresses have unsubscribed. We use this data for statistical purposes and to optimize the marketing e-mails in terms of frequency, timing, structure and content of the e-mails. This enables us to better tailor the information and offers in our emails to the individual interests of the recipients.

The web beacon will be deleted when you delete the E-mail . If you would like to prevent the use of the web beacon in our marketing emails, please adjust the settings of your E-mail so that HTML is not displayed in messages - if this is not already the case by default. You can find instructions on how to adjust this setting in the help section of your E-mail.

By subscribing to the newsletter, you also consent to the statistical analysis of user behavior for the purpose of optimizing and adapting the newsletter.

We use the E-mail Klaviyo from Klaviyo, Boston, 125 Summer Street, Boston, MA 02110, for marketing and transactional e-mails. Your data is therefore stored in a Klaviyo database in Boston. Klaviyo can access your data if this is necessary for the provision of the software or to support its use.

 

7. disclosure to third parties and access by third parties

Without the support of other companies, we would not be able to provide our services in the desired form. In order for us to be able to use the services of these companies, it is also necessary to pass on your personal data to a certain extent. Such a transfer takes place in particular if this is necessary to fulfill the contract you have requested, i.e. for example to the logistics or transport companies that deliver the requested products, or to a manufacturer who is to fulfill your warranty claim.

Data is also passed on to selected service providers and only to the extent necessary for the provision of the service. Various third-party service providers are also already explicitly mentioned in this privacy policy, e.g. in the sections on marketing. These are, for example, IT service providers (such as providers of software solutions), advertising agencies and consulting companies.

In addition, your data may be passed on, in particular to authorities, legal advisors or debt collection agencies, if we are legally obliged to do so or if this is necessary to protect our rights, in particular to enforce claims arising from the relationship with you. Data may also be disclosed if another company intends to acquire our company or parts thereof and such disclosure is necessary to carry out a due diligence review or to complete the transaction.

 

8. transfer of personal data abroad

We are also entitled to transfer your personal data to third parties abroad if this is necessary to carry out the data processing mentioned in this privacy policy (see in particular sections 12-15). It goes without saying that the statutory provisions on the disclosure of personal data to third parties will be complied with. If the country in question does not have an adequate level of data protection, we ensure through contractual arrangements that your data is adequately protected by these companies.

 

9. retention periods

We only store personal data for as long as is necessary to carry out the processing described in this privacy policy within the scope of our legitimate interest. In the case of contractual data, storage is prescribed by statutory retention obligations. Requirements that oblige us to store data result from accounting and tax regulations. According to these regulations, business communication, concluded contracts and accounting documents must be stored for up to 10 years. If we no longer need this data to perform the services for you, the data will be blocked. This means that the data may then only be used if this is necessary to fulfill retention obligations or to defend and enforce our legal interests. The data will be deleted as soon as there is no longer an obligation to retain it and there is no longer a legitimate interest in retaining it.

 

B. Special notes for our website

10. log file data

When you visit our website, our servers temporarily store every access in a log file. The following data is recorded without any action on your part and stored by us until it is automatically deleted:

• the IP address of the requesting computer,
• the date and time of access,
• the name and URL of the retrieved file,
• the status code (e.g. error message),
• the website from which the access was made, if applicable with the search term used,
• the operating system of your computer or cell phone and the browser you are using (incl. type, version and language setting),
• the transmission protocol used (e.g. HTTP/1.1)
• Device type, in the case of access by cell phones,
• the city or region from which the access was made,

This data is collected and processed for the purpose of enabling the use of our website (connection establishment), ensuring system security and stability in the long term, as well as for error and performance analysis and to enable us to optimize our website (see also section 13 for the last points).

In the event of an attack on the network infrastructure of the website or in the event of suspicion of other unauthorized or abusive website use, the IP address and other data will be evaluated for clarification and defense purposes and, if necessary, used in the context of criminal proceedings for identification and for civil and criminal proceedings against the users concerned.

Finally, when you visit our website, we use cookies as well as applications and tools that are based on the use of cookies. The data described here may also be processed in this context. You will find more detailed information on this in the following sections of this privacy policy, in particular section 11.

 

11. cookies

Cookies are information files that your web browser stores on your computer's hard disk or memory when you visit our website. Cookies are assigned identification numbers that identify your browser and allow the information contained in the cookie to be read.

Among other things, cookies help to make your visit to our website easier, more pleasant and more meaningful. We use cookies for various purposes that are required for your desired use of the website, i.e. are "technically necessary". For example, we use cookies to identify you as a registered user after you have logged in without you having to log in again each time you navigate through the various subpages. The provision of the shopping cart and order function is also based on the use of cookies. Cookies also perform other technical functions required for the operation of the website, such as load balancing, i.e. the distribution of the performance load of the site to different web servers in order to reduce the load on the servers. Cookies are also used for security purposes, for example to prevent the unauthorized posting of content. Finally, we also use cookies as part of the design and programming of our website, e.g. to enable the uploading of scripts or codes.

Most Internet browsers accept cookies automatically. However, you can set your browser so that no cookies are stored on your computer or so that you receive a notification each time a new cookie is set. On the following pages you will find instructions on how to adjust the cookie settings in selected browsers.

• Microsoft Windows Internet Explorer
• Microsoft Windows Internet Explorer Mobile
• Mozilla Firefox
• Google Chrome for desktop
• Google Chrome for Mobile
• Apple Safari for Desktop
• Apple Safari for Mobile

If you deactivate cookies, you may not be able to use all the functions of our website.

 

12 Google SiteSearch / Google Custom Search Engine

Our website uses the Google SiteSearch/Google Custom Search Engine of Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). This enables us to provide you with an efficient search function on our website.

When using our search fields, your browser may transmit the log file data listed in section 10 (incl. IP address) and the search term you entered to Google if you have JavaScript installed in your browser. If you wish to prevent the transmission of data, you can deactivate JavaScript in your browser settings (usually in the "Privacy" menu). Please note that the search function and other functions of the website may be impaired in this case.

For further processing of the data by Google, please refer to the data protection provisions of Google on their homepage.

 

13. tracking and web analysis tools

13.1 General information on tracking

We use the web analysis services listed below for the purpose of designing and continuously optimizing our website to meet your needs. In this context, pseudonymized user profiles are created and cookies are used (please also refer to section 11). The information generated by the cookie about your use of this website is generally transmitted to a server of the service provider together with the log file data listed in section 10, where it is stored and processed. This may also involve transmission to servers abroad, e.g. in the USA (see section 8 for more information, in particular on the guarantees provided).

By processing the data, we obtain the following information, among other things:

• Navigation path that a visitor takes on the site (incl. content viewed and products selected or purchased),
• Time spent on the website or subpage,
• the subpage on which the website is left,
• the country, region or city from which access is made,
• end device (type, version, color depth, resolution, width and height of the browser window) and
• Returning or new visitor.

The provider will use this information on our behalf to evaluate the use of the website, to compile reports on website activity for us and to provide us with other services relating to website activity and internet usage for the purposes of market research and the needs-based design of this website. For these processing operations, we and the providers can be regarded as joint controllers under data protection law up to a certain extent.

You have the option of blocking all tracking links via this link. Please note that a cookie will be set for this purpose. The use of the online store is not affected by the blocking.

You can reject or deactivate the relevant cookies in the settings of your web browser (see section 11) or use the service-specific options described below.

For further processing of the data by the respective provider as the (sole) controller under data protection law, in particular any disclosure of this information to third parties such as authorities on the basis of national legal regulations, please refer to the respective data protection information of the provider.

 

13.2 Google Analytics

We use the web analysis service Google Analytics from Google Ireland Limited (Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland) or Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) ("Google").

The described data about the use of the website may be transmitted to the servers of Google LLC. in the USA for the explained processing purposes (see section 13.1). The IP address will be shortened before transmission within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area.

Users can prevent Google from collecting the data generated by the cookie and relating to the use of the website by the user concerned and from processing this data by Google by downloading and installing the browser plug-in under the following link:
http://tools.google.com/dlpage/gaoptout?hl=de. Further information on data protection at Google can be foundat on their homepage.

 

13.3 Getback

We use "conversion optimization technology" to improve targeted communication with our customers. With this technology, we record website usage and can, for example, remind our customers of forgotten orders when they visit our website and draw their attention to special offers or enable our customers to subscribe to notifications and communications such as newsletters in particular, make use of support, take part in competitions and have their shopping cart sent to them. We use E-mail, instant messaging and other communication channels for this purpose. We require such "conversion optimization technology" in order to be able to operate our website effectively and in a user-friendly manner in the long term.

You canobject tothe use of "Conversion Optimization Technology" on our website here and we will note your objection with a corresponding cookie in the browser you are currently using.

To use this technology, we integrate Getback from the Swiss company adfocus GmbH, Blegistrasse 9, 6340 Baar, on our website. As a service partner, adfocus can obtain access to the following data:

• E-mail address
• Contact address
• Orders
• Operating system
• Browser
• IP address

adfocus processes our customers' data exclusively on our behalf. adfocus may only process our customers' data as we are permitted to do. adfocus stores data within the scope of Getback exclusively in Switzerland and Germany. Swiss and German data protection law guarantees appropriate data protection for our customers. Further information can be found in the adfocus privacy policy.

 

14. social media

We have included links to our profiles in the social networks of the following providers on our website:

• X, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA;
• Linkedin Unlimited Company, Wilton Place, Dublin 2, Ireland.
• Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (YouTube)

If you click on the social network icons, you will automatically be redirected to our profile on the respective network. This establishes a direct connection between your browser and the social network server. The network then receives the information that you have visited our website with your IP address and clicked on the link.

If you click on a link to a network while you are logged into your user account with this network, the content of our website can be linked to your profile. This allows the network to associate your visit to our website directly with your account.

If you want to prevent this, you should log out before clicking on the relevant links.

A connection between your access to our website and your user account always takes place when you log in to the respective network after clicking on the link. The respective provider is responsible under data protection law for the associated data processing. Please therefore note the information on the network's website.

 

15 Online advertising and targeting

15.1 In general

We use the services of various companies to provide you with interesting offers online. Your user behavior on our website and on websites of other providers is analyzed so that we can then show you online advertising tailored to your individual needs.

Most technologies for tracking your user behavior ("tracking") and for the targeted display of advertising ("targeting") work with cookies (see also section 11), with which your browser can be recognized via various websites. Depending on the service provider, it may also be possible for you to be recognized online even when using different end devices (e.g. laptop and smartphone). This may be the case, for example, if you have registered with a service that you use on several devices.

In addition to the data already mentioned, which is collected when websites are accessed ("log file data", see section 10) and when cookies are used (section 11) and which may be passed on to the companies involved in the advertising networks, the following data in particular is used to select the advertising that is potentially most relevant to you:

• Information about your person that you provided when registering or using a service from advertising partners (e.g. your gender, your age group);
• User behavior (e.g. search queries, interactions with advertising, types of websites visited, products viewed and purchased, newsletters subscribed to).

We and our service providers use this data to recognize whether you belong to the target group we are addressing and take this into account when selecting advertisements. For example, after you have visited our site, you may be shown ads for the products you have viewed on other websites ("re-targeting").

Depending on the scope of the data, a user profile may also be created that is automatically analyzed. The ads are then selected according to the information stored in the profile - such as your affiliation to certain demographic groups, potential interests or behaviors.

Such ads may be shown to you on various channels, including our website or app (as part of on-site and in-app marketing) and ads placed via the online advertising networks we use, such as Google.

The data may then be analyzed for the purpose of billing the service provider and to assess the effectiveness of advertising measures in order to better understand the needs of our users and customers and to improve future campaigns. This may also include information that the performance of an action (e.g. visiting certain sections of our websites or sending information) is attributable to a specific advertisement. We also receive aggregated reports from the service providers on advertising activities and information on how users interact with our website and our advertisements.

You can revoke your consent at any time by rejecting or deactivating the relevant cookies in your web browser settings (see section 11). You can also find further options for blocking advertising in the information provided by the respective service provider.

 

15.2 Google Ads

Our website uses the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google") for online advertising. Google uses cookies for this purpose, such as the so-called DoubleClick cookie, which enable your browser to be recognized when you visit other websites. The information generated by the cookies about your visit to these websites (including your IP address) is transmitted to a Google server in the USA and stored there (see also section 6). Further information on data protection at Google can be found on their homepage.

You can withdraw your consent at any time by rejecting or deactivating the relevant cookies in your web browser settings (see section 11). You can find further options for blocking advertising on the Google support homepage.

We use Google Ads customer matching (Google Customer Match). It is a function within Google Ads that helps us to reach prospective and existing customers in Google Search, in the Google Shopping tab, in Gmail, on YouTube and in the Google networks for advertisements more effectively and to address them in a personalized manner. Google Ads customer matching is used in particular for remarketing, optimizing campaigns and increasing the conversion rate.

The personalization of Google advertising is based on the assignment to a target group and is carried out by Google using the information from your Google account and on the basis of the activities and interests that take place when you use Google products and Google advertising partners. As a Google advertising partner, the use of Google Ads customer matching enables us to address you in a more targeted manner and ensures, for example, that the advertising displayed via Google Ads is tailored more precisely to the target group-specific interests that result from your use of our store. Google Ads customer matching does not require any separate cookies for this. Google requires a list of customer data from us in order to be able to track whether you are already known to Google as a user. However, no profiles are created or expanded in the process. Google does not receive your actual data (e.g. E-mail, telephone number), but only so-called hashed codes, which are created using one-way encryption. Google compares these hashed codes with its own user database. Google cannot decrypt these codes as long as the corresponding data is not already available in its own user database. As a result, Google does not receive the customer data uploaded, but can only determine whether the data is already available at Google or not. If the data is not available at Google, the hashed codes created on the basis of the customer data cannot be decrypted again. Otherwise, the codes already known to Google and the hashed codes match and an assignment to create target groups is possible. Once the target groups have been created, the uploaded data is deleted.

 

16. registration for a customer account

To place orders in the online store, you must open a customer account. If you open a customer account on our website, we collect the following data, whereby mandatory information is marked with an asterisk (*) in the corresponding form:

• Personal details of the applicant:
  • Name
  • First name
    
  • E-mail

We use your personal data to verify your identity and to check the requirements for registration.

We need your E-mail to give people in your company password-protected direct access to the basic data stored by us and thus ensure that the right person uses your details.

We also use your E-mail to verify and confirm the opening of your account and for future communication required to process the contract.

In addition, this data is stored in your customer account in order to facilitate future contract conclusions. To this end, we also offer you the option of entering further details in your account, such as your preferred means of payment.

The password-protected access allows people with the appropriate authorizations to view completed and open orders, give other people from your company access to your trading account (user administration) and change data or request changes to company data.

We also use the data to provide an overview of the products and services ordered (see sections 17 and 22 in particular) and a simple way to manage your personal data, to administer our website and the contractual relationships, i.e. to establish, structure the content of, process and amend the contracts concluded with you via your customer account.

To avoid misuse, you must always treat your login data confidentially and should close the browser window when you have finished communicating with us, especially if you share the computer with others.

 

17. ordering products

If you order products or book services on the website, we require various other data to process the contract, whereby mandatory information is marked with an asterisk (*) in the corresponding form:

• Login dataE-mail and password)
• Customer billing address (and different delivery address if desired)
• For delivery by forwarding agent: additional contact details
• Payment details (depending on the payment method selected)

We use your data to establish your identity before the contract is concluded.

We also need your E-mail to confirm your order and for future communication required to process the contract.

We store your data together with the order details (e.g. time, order number), the information on the services ordered (e.g. name, price and features of the product), the payment data (e.g. selected payment method, payment confirmation and time, see section 18) and the information on the processing and fulfillment of the contract (e.g. return of products, use of service or warranty services) in our CRM database (see section 6.1). This enables us to ensure correct order processing and contract fulfillment.

Insofar as this is necessary for the fulfillment of the contract, we will also pass on the required information to any third-party service providers (e.g. transport companies).

The provision of data that is not marked as mandatory is voluntary. We process this data in order to tailor our offer to your personal needs in the best possible way, to facilitate the processing of contracts, to contact you via an alternative communication channel if necessary with a view to fulfilling the contract or for statistical recording and evaluation to optimize our offers.

 

18. online payment processing

If you purchase chargeable services or products on our website, depending on the product, service and desired payment method - in addition to the information specified in Section 17 - further information may be required, such as your credit card details or the login to your payment service provider.

This information and the fact that you have purchased a service from us for the relevant amount and at the relevant time will be passed on to the respective payment service providers (e.g. payment solution providers, credit card issuers and credit card acquirers).

Please always refer to the information provided by the respective company, in particular their privacy policy and general terms and conditions.

If we make advance payments, e.g. in the case of a purchase on account, we may obtain credit information from a credit agency on the basis of mathematical-statistical procedures in order to safeguard our legitimate interests. For this purpose, we transmit the personal data required for a credit check to the credit agency CRIF AG, Hagenholzstrasse 81, 8050 Zurich and use the information received on the statistical probability of a payment default for a balanced decision on the establishment, execution or termination of the contractual relationship. The credit report may contain probability values (score values) that have been calculated on the basis of scientifically recognized mathematical-statistical procedures and whose calculation includes address data. Your legitimate interests are taken into account in accordance with the statutory provisions.