The following data protection declaration applies to the use of our online offer www.imagewear.ch (hereinafter referred to as "website"). We attach great importance to data protection. The collection and processing of your personal data is carried out in compliance with the applicable data protection regulations, in particular the Swiss Data Protection Act (in force from 01.09.2023), including the corresponding ordinance, and the EU General Data Protection Regulation (GDPR).

The person responsible for the collection, processing and use of your personal data within the terms of Article 4, paragraph 7 of the GDPR is

Image Wear AG

Frank Oliver Meissner

Binzstrasse 7

8045 Zürich

If you wish to object to the collection, processing or use of your data by us in accordance with this privacy policy in its entirety or for individual measures, you can address your objection to the person responsible.

You can save and print out this data protection declaration at any time. Please note that the following information may be checked and changed from time to time.

We therefore recommend that you consult this data protection declaration regularly.

We use personal data for the purpose of presenting reference projects on the website of the company Image Wear AG.

3.1 Hosting

We use hosting services to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services as well as technical maintenance services which we use in the course of running the website.

In this context, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors to this website on the basis of our legitimate interests in the efficient and secure maintenance of our website in accordance with Article 6, paragraph 1, sentence 1 f) of the GDPR in conjunction with Article 28 of the GDPR.

3.2 Access data

We collect information about you when you access this website. We automatically record information about your usage behaviour and your interaction with our website. We store data on your computer or mobile device. We collect, store and use data for each access to our website (so-called server log files). Access data includes:

• the name and URL of the document consulted
• the date and time of the consultation
• the amount of data transferred
• the confirmation message (HTTP response code)
• browser type and version
• operating system
• the reference URL (i.e. the page previously visited
• the websites visited by the user’s system via our website
• the user’s Internet service provider
• IP address and access provider

We use this log data without assigning it to you personally or otherwise profiling it for statistical evaluations for the purpose of operating, securing and optimising our website, but also for anonymous recording of the number of visitors to our website (traffic) and the extent and type of use of our website and services, as well as for accounting purposes to measure the number of clicks received from cooperation partners. This information allows us to provide personalised and location-based content and to analyse traffic, troubleshoot and improve our services.

This is our legitimate interest in accordance with Article 6, paragraph 1, sentence 1 f) of the GDPR.

We reserve the right to check the log data at a later date if there is a legitimate suspicion of illegal use on the basis of concrete evidence. We store IP addresses in log files for a limited period of time if this is necessary for security purposes or for the delivery or billing of a service, for example if you use one of our offers. After the order process has been terminated or after payment has been received, we delete the IP address if it is no longer needed for security purposes. We also save IP addresses if we suspect a crime in connection with the use of our website. In addition, we record the date of your last visit (e.g. when you register, log in, click on links, etc.) as part of your account.

3.3 Cookies

We use so-called session cookies in order to optimise our website. A session cookie is a small text file which is sent by the respective servers when you visit a web page and which is stored temporarily on your hard drive. This file as such contains a so-called session ID, which makes it possible to allocate various requests from your browser to the common session. This allows your computer to be recognised when you return to our site. These cookies are deleted after you close your browser. They are used, for example, so that you can use the shopping cart function on several pages.

We also use persistent cookies (also small text files that are stored on your terminal device) to a small extent, which remain on your terminal device and enable us to recognise your browser on your next visit. These cookies are stored on your hard drive and delete themselves after the specified time. They last between 1 month and 10 years. This enables us to present our offer to you in a more user-friendly, effective and secure manner and, for example, to display information on the site that is specifically tailored to your interests.

Our legitimate interest in using cookies, in accordance with Article 6, paragraph 1, sentence 1 f) of the GDPR, is to make our website more user-friendly, more efficient and more secure.

The following data and informations are stored in the cookies:

• login information
• language settings
• search terms entered
• information on the number of visits to our website and the use of certain features of our website.

When the cookie is activated, an identification number is associated with it and no correspondence between your personal data and this identification number is established. Your name, IP address or similar data that would allow the cookie to be associated to you are not included in the cookie. On the basis of cookie technology, we only receive pseudonymised information, for example, on which pages of our shop have been visited, which products have been examined, etc.

You can configure your browser to inform you in advance of the installation of cookies and to decide on a case-by-case basis whether to exclude cookies in certain cases or in general, or to prevent cookies altogether. This may limit the functionality of the website.

3.4 Data required to fulfil our contractual obligations

We use the personal data we need to fulfil our contractual obligations, such as name, address, e-mail address, ordered products, billing and payment data. The collection of this data is necessary for the conclusion of the contract.

The deletion of the data takes place after the expiry of the statutory warranty periods and storage periods. Data related to a user account (see below) is stored in any case for the duration of the management of this account.

The legal basis for the processing of this data is Article 6, paragraph 1, sentence 1 b) of the GDPR, as this data is necessary for us to fulfil our contractual obligations towards you

3.5 User account

You can create a user account on our website. If you wish to do so, we require the personal data requested when you log in. When you log in later, only your email or user name and the password you have chosen are required.

For the new registration we collect master data (e.g. name, address), communication data (e.g. email address) and payment data (bank details) as well as access data (user name and password).

In order to ensure your proper registration and to prevent unauthorised logins by third parties, you will receive an activation link by e-mail after your registration to activate your account. Only after successful registration do we permanently store the data you have transmitted in our system.

Once you have created a user account, you can have it deleted by us free of charge at any time. To do so, simply send a text message to the contact details mentioned in point 1 (e.g. e-mail, fax, letter). We will then delete your stored personal data, unless we still need to store it for the purpose of processing orders or due to legal storage obligations.

The legal basis for processing this data is your consent in accordance with Article 6, paragraph 1, sentence 1 a) of the GDPR.

3.6 Newsletter

To register for the newsletter, the data requested in the registration process is required. The newsletter registration is stored in a log file. After registration, you will receive a message at the e-mail address you have provided, asking you to confirm the registration (“double opt-in”). This is necessary to prevent third parties from logging in with your e-mail address. You can revoke your consent to receive the newsletter at any time and therefore unsubscribe.

We retain the registration record and the sending address for as long as there is an interest in proving the original consent, generally the limitation period for civil law claims, i.e. a maximum of three years.

The legal basis for sending the newsletter is your consent in accordance with Article 6, paragraph 1, sentence 1 a) in conjunction with Article 7 of the GDPR and the UWG. The legal basis for the registration is our legitimate interest in proving that the mailing was carried out with your consent.

You can cancel the registration at any time, free of charge. To do so, it is sufficient to send a text message to the contact details mentioned in point 1 (e.g. e-mail, fax, letter). Of course, you will also find an unsubscribe link in every newsletter.

3.7 Product recommendations

n addition to the newsletter, we regularly send you product recommendations by e-mail. In this way, we provide you with information about products from our range that may be of interest to you based on your most recent purchases of goods or services from us. In doing so, we strictly comply with the legal provisions. You can object to this at any time without incurring any costs other than the transmission costs according to the basic rates. To do so, simply send a text message to the contact details mentioned in point 1 (e.g. e-mail, fax, letter). Of course, you will also find an unsubscribe link in every e-mail.

The legal basis for this is the legal permission according to Article 6, paragraph 1, sentence 1 f) of the GDPR in connection with the UWG.

3.8 E-mail contact

When you contact us (e.g. via a contact form or e-mail), we use your data to process the request and to answer subsequent questions.

If the data processing takes place for the execution of pre-contractual measures taken at your request or, if you are already our customer, for the execution of the contract, the legal basis for this data processing is Article 6, paragraph 1, subparagraph 1 b) GDPR.

We only process other personal data if you consent to it (Article 6, paragraph 1, sentence 1 a) of the GDPR) or if we have a legitimate interest in processing your data (Article 6, paragraph 1, sentence 1 f) of the GDPR). A legitimate interest is, for example, to reply to your e-mail.

We use Google Analytics, a web analysis service provided by Google Inc (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about the use of this website by visitors is usually transmitted to a Google server in the USA and stored there. This is also our legitimate interest in accordance with Article 6, paragraph 1, sentence 1 f) of the GDPR.

Google is subject to the EU-US Privacy Shield agreement and has been certified. Google is thus committed to complying with the standards and provisions of European data protection law. You can find more information at the link below:

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.

We have activated IP anonymisation on this website (anonymizeIp). However, your IP address will first be shortened by Google in the Member States of the European Union or in other countries that have signed the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. Google will use this information on our behalf to evaluate your use of the website, to compile reports on website activity and to provide us with further services related to website activity and internet usage.

The IP address transmitted by your browser within the framework of Google Analytics will not be combined with other Google data. You can prevent the storage of cookies by making the appropriate settings in your browser software; however, we would like to point out that in this case you may not be able to use all the functions of the website to their full extent.

You can also prevent the transmission of the data generated by the cookie about your use of the website to Google (including your IP address) and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

As an alternative to the browser plug-in or in browsers for mobile devices, you can click on the following link to install an opt-out cookie that will prevent the collection of data by Google Analytics on this website in the future (This opt-out cookie only works in this browser and only for this domain. If you delete the cookies in your browser, you must click on this link again: [Deactivate Google Analytics]).

Unless specifically stated, we only store personal data for as long as is necessary to fulfil the intended purpose.

In some cases, the legislator provides for the retention of personal data, for example in tax or commercial law. According to these regulations, business communication, concluded contracts and accounting vouchers must be kept for up to 10 years. As soon as the data is no longer required for the above-mentioned purposes, it will be deleted, blocked or anonymised as far as possible.

Under applicable laws, you have various rights regarding your personal data. If you wish to exercise these rights, please send your request by e-mail or by post, clearly identifying yourself, to the address given in section 1.

Below you will find an overview of your rights.

6.1 Right to confirmation and information

You have the right to receive clear information about the processing of your personal data.

In detail:

You have the right to receive confirmation from us at any time as to whether personal data relating to you is being processed. If this is the case, you have the right to request information from us free of charge about the personal data stored about you, together with a copy of this data. Furthermore, you have the right to the following information:

• the purposes of the processing;
• the categories of personal data processed;
• if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
• the existence of a right to rectification or erasure of personal data concerning you or to restriction of processing by the controller or a right to object to such processing;
• the existence of a right of appeal to a supervisory authority;
• if the personal data is not collected from you, any available information about the origin of the data;
• the existence of automated decision-making, including profiling, in accordance with Article 22, paragraphs 1 and 4, of the GDPR and – at least in these cases – relevant information about the logic involved and the scope and intended effects of such processing on you.

If personal data is transferred to a third country or an international organisation, you have the right to be informed of the applicable safeguards in accordance with Article 46 of the GDPR in relation to the transaction.

6.2 Right to rectification

You have the right to ask us to rectify and, if necessary, complete your personal data.

More specifically :

You have the right to have us rectify inaccurate personal data concerning you without delay. In view of the purposes of the processing, you have the right to have incomplete personal data corrected by us, including by means of an additional declaration.

6.3 Right to erasure (“right to be forgotten”)

In a number of cases, we are required to delete your personal data. In particular:

Pursuant to Article 17,paragraph 1 of the GDPR, you have the right to request us to erase your personal data immediately and we are obliged to erase personal data immediately if any of the following reasons apply:

• the personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
• you withdraw your consent on which the processing was based in accordance with Article 6, paragraph 1, sentence 1 a) of the GDPR or Article 9, paragraph 2, sentence 2 a) of the GDPR, and there is no other legal basis for the processing
• you object to the processing pursuant to Article 21, paragraph 1 of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21, paragraph 2 of the GDPR.
• The personal data have been processed unlawfully.
• The erasure of personal data is necessary to comply with a legal obligation arising from Union or Member State law to which we are subject.
• Personal data has been collected in connection with information society services offered in accordance with Article 8, paragraph 1 of the GDPR.

If we have made personal data public and are required to delete it in accordance with Article 17, paragraph 1 of the GDPR, we shall, taking into account the available technologies and the costs of implementation, take appropriate measures, including technical measures, to inform the data controllers, who process the personal data, that you have requested the deletion of all links to such personal data or to copies or reproductions of that data.

6.4 Right to restriction of processing

you contest the accuracy of the personal data, and this for a period of time that allows us to verify the accuracy of the data;

Specifically:

• you contest the accuracy of the personal data, and this for a period of time that allows us to verify the accuracy of the data;
• the processing is unlawful and you have refused the deletion of the personal data but requested that their use be restricted ;
• we no longer need the personal data for the purpose of processing, but you need the data to assert, exercise or defend legal claims; or
• you have objected to the processing in accordance with Article 21, paragraph 1 of the GDPR, as long as it is not established that our company’s legitimate reasons override yours.

6.5 Right to data portability

Vous avez le droit d’obtenir, de transmettre ou de nous faire transmettre des données à caractère personnel vous concernant, lisibles par ordinateur.

You have the right to obtain, pass on or have us pass on your computer-readable personal data.

More specifically:

You have the right to receive personal data about you that you have provided to us in a structured, commonly used and computer-readable format, and you have the right to transmit that data to another data controller without us interfering with it, provided that

1. the processing is based on consent in accordance with Article 6, paragraph 1, sentence 1 a) of the GDPR or Article 9, paragraph 2, sentence 2 a) of the GDPR or on a contract in accordance with Article 6, paragraph 1, sentence 1 b) of the GDPR and

2. the processing is carried out by means of automated processes.

If you exercise your right to data portability in accordance with paragraph 1, you have the right to have your personal data transferred directly by us to another controller, as far as technically possible.

6.6 Right to object

You also have the right to object to lawful processing of your personal data by us if this is based on your particular situation and our interests in the processing are not overriding.

More specifically:

You have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data carried out on the basis of Article 6, paragraph 1, sentence 1 e) or f) of the GDPR; this also applies to profiling based on these provisions. We no longer process personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or that the processing serves to assert, exercise or defend legal claims.

If we process personal data for the purpose of direct advertising, you have the right to object at any time to the processing of your personal data for such advertising purposes; this also applies to profiling as far as it is related to such direct advertising.

You have the right to object, on grounds relating to your particular situation, to the processing of your personal data for scientific or historical research or statistical purposes in accordance with Article 89, paragraph 1 of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

6.7 Automated decisions, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or significantly affects you in a similar way.

Automated decision-making based on the personal data collected will not take place.

6.8 Right to withdraw consent under data protection law

You have the right to withdraw consent to the processing of personal data at any time.

6.9 Right to complain to a supervisory authority

You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your place of residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you is unlawful. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://edoeb.admin.ch).

We make every effort to ensure the security of your data within the framework of the applicable data protection laws and regulations as well as technical possibilities.

Your personal data will be transmitted encrypted. This applies to your orders and also to the customer login. We use the SSL (Secure Socket Layer) coding system, but we would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible. To protect your data, we maintain technical and organisational security measures in accordance with with Article 32 of the GDPR, which we continually adapt to the state of the art.

Furthermore, we do not guarantee that our offer will be available at certain times; disruptions, interruptions or breakdowns cannot be excluded. The servers we use are regularly and carefully secured.

In principle, we only use your personal data within our company.

If and to the extent that we involve third parties in the performance of contracts (such as logistics service providers), they will only receive personal data to the extent that the transfer is necessary for the corresponding service.

In the event that we outsource certain parts of data processing (“order processing”), we contractually oblige processors to use personal data only in accordance with the requirements of data protection laws and to ensure the protection of the rights of the data subject.

Data transfer to entities or persons outside the EU outside the case mentioned in this statement in clause 4 does not take place and is not planned.

If you have any questions or concerns regarding data protection, please contact our data protection officer:

Image Wear AG

Frank Oliver Meissner

Binzstrasse 7

8045 Zurich