Privacy notice
Version date: 25 August 2023
Website Privacy Notice
Mibelle AG, Bolimattstrasse 1, CH-5033 Buchs AG (hereinafter “we” or “us”) respects your privacy and is committed to protecting your personal data. This Privacy Notice (hereinafter “Notice”) will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
1. Important information and who we are
Purpose of this Privacy Nolicy
This Privacy Notice aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, take part in a competition or survey.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this Privacy Notice and the Cookie Policy or other privacy information we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.
Controller
We are part of a group of companies called the Mibelle Group. This Notice is issued on behalf of the Mibelle Group and Mibelle AG is the controller and responsible for this website.
Our Data Protection Officer is responsible for overseeing questions in relation to this Privacy Notice. If you have any questions about this Notice, including any requests to exercise your legal rights, please contact us using the details set out below.
Contact details
Full name of legal entity: Mibelle AG
Email address: DPO@mibellegroup.com
Postal address: Bolimattstrasse 1, CH-5033 Buchs AG
Representative in the EU
As the controller is not established in the EU, we have appointed a representative within the EU that you, and the supervisory authority, can contact for any data protection issues. This representative is:
VGS Datenschutzpartner UG, Am Kaiserkai 69, 20457 Hamburg, Germany
Changes to the Privacy Nolicy and your duty to inform us of changes
We reserve the right to adapt this Notice at any time. The current Notice as published on our website applies.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes address, email address and telephone numbers.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us.
3. How is your personal data collected?
We use different methods to collect data from and about you including through:
Direct interactions
You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our services;
- create an account on our website;
- subscribe to our newsletter;
- request marketing to be sent to you;
- enter a competition, promotion, survey or play a game;
- give us feedback or contact us.
Automated technologies or interactions
As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our Cookie Policy for further details.
4. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you;
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
- Where we need to comply with a legal obligation.
Lawful basis
We rely on the following lawful bases to process your personal data
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Legitimate Interest – the processing of your personal data may be necessary for the pursuit of our legitimate business interest. We make sure to consider and balance your interests and fundamental rights and freedoms before doing so. We will not process your personal data where your interests by overridden by ours (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
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Performance of Contract – the processing is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
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Compliance with a legal obligation - the processing is for compliance with a legal obligation that we are subject to.
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Consent – the processing occurs when you have given us your explicit and informed consent. You have the right to withdraw your consent at any time.
Purposes for which we will use your personal data
We have set out below a description of all the ways we plan to use your personal data, and which of the legal basis we rely on to do so. We have also identified what our legitimate interests are where appropriate.
| Purpose / Activity; | To register you as a new customer |
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| Type of Data: |
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| Lawful basis for processing including basis of legitimate interest: | Performance of a contract with you |
| Purpose / Activity: | To make suggestions and recommendations to you about goods or services that may be of interest to you |
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| Type of Data: |
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| Lawful basis for processing including basis of legitimate interest: | Necessary for our legitimate interests (to develop our products/services and grow our business) |
| Purpose / Activity: | To manage our relationship with you which will include: i) notifying you about changes to our terms and Privacy Notice; and ii) asking you to leave a review or take a survey |
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| Type of Data: |
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| Lawful basis for processing including basis of legitimate interest |
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| Purpose / Activity: | To enable you to take part in a prize draw, competition, complete a survey or play a game |
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| Type of Data: |
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| Lawful basis for processing including basis of legitimate interest |
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| Purpose / Activity: | To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data |
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| Type of Data: |
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| Lawful basis for processing including basis of legitimate interest |
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| Purpose / Activity: | To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve you |
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| Type of Data: |
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| Lawful basis for processing including basis of legitimate interest | Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) |
| Purpose / Activity: | To use data analytics to improve our website, product and services, marketing, customer relationships and experiences |
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| Type of Data: |
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| Lawful basis for processing including basis of legitimate interest | Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and information our marketing strategy) |
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.
Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time at dpo@mibellegroup.com.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. Disclosures of your personal data
We may share your personal data with the parties set out below for the purposes set out in Section 4 above.
Internal Third Parties within in the Mibelle Group acting as processors and who are located around the world (e.g. Switzerland, the EU, UK, US, or South Korea) who provide distribution, IT and system administration services.
External Third Parties providing services acting as processors based in and outside Switzerland or the EU, including:
- eCRM (electronic customer relationship management) service providers acting as processors;
- gamification service providers acting as processors;
- customer service providers acting as processors;
- distribution centers acting as processors.
Professional advisers acting as processors including lawyers, bankers, auditors and insurers based both inside and outside Switzerland or the EU who provide consultancy, banking, legal, insurance and accounting services.
Regulators and other authorities based who require reporting of processing activities in certain circumstances.
Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. International transfers
We share your personal data within the Mibelle Group or to external third parties. This will involve transferring your data outside of Switzerland and/or the EU.
Whenever we transfer your personal data, we ensure a similar degree of protection is afforded to it by ensuring that the respective safeguards are implemented.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of Switzerland and/or the EU.
7. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. Data retention
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
In some circumstances you can ask us to delete your data: see Section 9 below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
9. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights are explained below:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- If you want us to establish the data's accuracy;
- Where our use of the data is unlawful but you do not want us to erase it;
- Where you need us to retain the data even if we no longer require it as you need it to establish, exercise or defend legal claims;
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it;
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us at DPO@mibellegroup.com.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.