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Thank you for visiting BExAR Sports GmbH (“BExAR”). With this privacy policy (the “Privacy Policy”), BExAR informs you about the processing of personal data on its website www.bexar.store and for its other online offers. For certain offers or services, special or further privacy policies might be applicable. BExAR’s online services are governed by Swiss data protection law as well as by potentially applicable foreign data privacy law, in particular the General Data Protection Regulation (GDPR) for the European Union (EU). The EU recognizes that Swiss data privacy law grants adequate data protection.
1. CONTACT
The following entity is responsible for BExAR’s online offers:
BExAR Sports GmbH
2. PROCESSING OF PERSONAL DATA
A. DEFINITIONS
Personal Data means any information which refers to a specific or identifiable person.
Data Subject means any person whose Personal Data is subject of data processing by BExAR or third parties mandated by BExAR.
Processing means any use of Personal Data, irrespective of the used means and methods, in particular the saving, disclosure, gathering, deleting, storing, changing, destroying and use of Personal Data.
B. LEGAL BASIS
BExAR processes Personal Data in compliance with the Swiss Data Protection Act (DPA) and its relevant ordinance. As far as applicable, Processing of Personal Data further complies with GDPR, and the Processing is based on Article 6 para. 1 lit. a-f.
C. SCOPE OF PERSONAL DATA AND INTERNAL PROCESSING
BExAR processes your Personal Data only when specifically and knowingly provided by you and to the extent required for the proper and safe offering of BExAR’s services, to better understand the your needs, fulfill your specific requests for products and services, improve products and services, and to contact the you regarding any offers that may be of interest.
The Personal Data in question may entail, among others, your name, shipping and billing address, IP address, phone number, email address, and credit card information. BExAR collects Personal Data when you register as a member with BExAR, order products from BExAR, visit www.bexar.store, and when you enter promotions or sweepstakes. Personal Data is being processed for the duration reasonably required and will be deleted or anonymized afterwards, unless statutory retention obligations apply.
BExAR processes Personal Data either upon approval by the Data Subject, based on the fact that such Processing is reasonably obvious from the circumstances or from previous information, or based on any other legal grounds such as the execution of a contract.
Our Processing may entail the safekeeping of contact details in an address directory or in a client management system (CRM).
BExAR may use Personal Data for information purposes, e.g. its newsletter, with your permission. By doing so, BExAR may include features to measure the success of such messages for statistical reasons in order to provide user-friendly services. You may at any time unsubscribe from BExAR’s newsletter by clicking unsubscribe on your newsletter.
D. PROCESSING BY OR TRANSFER OF PERSONAL DATA TO THIRD PARTIES
BExAR may have Personal Data processed by or transferred to third parties, in particular services providers working with BExAR. Such third parties will generally only process Personal Data to the extent necessary to allow them to perform the services they provide to BExAR. Certain third parties, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information BExAR is required to provide to them for the purchase-related transactions. For these providers, BExAR recommends that the you read their privacy policy to understand the manner in which Personal Data will be handled by these providers.
Third parties are generally located in Switzerland or the EU / European Economic Area (EEA). If they are located elsewhere, such other place must either have an equivalent data privacy standard or data privacy is guaranteed otherwise, e.g. by a contractual obligation or specific certification (e.g. U.S. Data Privacy Shield), or explicit approval by the Data Subject is given.
Third parties may, e.g., offer services in relation to BExAR’s online offers, such as hosting or storage services or payment services, and they might require the Data Subject’s IP address. The BExAR store is hosted on Shopify Inc. They provide BExAR with the online e-commerce platform that allows to sell BExAR products and services to the user. Your Personal Data is stored through Shopify Inc.’s data storage, databases and the general Shopify Inc. application. They store your data on a secure server behind a firewall. If you choose a direct payment gateway to complete the purchase, then Shopify Inc. stores the credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). The purchase transaction data is stored only as long as is necessary to complete the purchase transaction. After that is complete, the purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by the BExAR store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here https://www.shopify.com/legal/privacy
Once you leave BExAR store’s website or are redirected to a third party website or application, you are no longer governed by this Privacy Policy or BExAR’s Terms and Conditions.
3. DATA SECURITY
BExAR applies adequate technical and organizational means in order to ensure data protection and security. Nevertheless, security gaps may exist whenever Personal Data is processed on the internet. Therefore, BExAR cannot guarantee full protection of the Data Subject’s Personal Data.
Credit card information given to BExAR is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption.
4. YOUR RIGHTS
You have the rights granted by DPA, in particular the right to information, correction, deletion or blocking of processed Personal Data.
If GDPR is applicable to you, you may request
If GDPR is applicable to you, you may at any time withdraw any approval given with regard to the Processing of your Personal Data and at any time object against the Processing of your Personal Data.
Data Subjects whose Personal Data is processed by BExAR have a right of objection with the Federal Data Protection Office.
5. WEBSHOP
To make a purchase from BExAR’s webshop, you have to sign up and define a user name and password. On future visits to BExAR’s website, you may enter your login credentials so you do not have to provide the billing address and payment information again. The password is encrypted and cannot be viewed by BExAR.
When signing up you provide name, address, email address and payment information. In order for BExAR to set up a user account, your explicit consent is necessary. This process will be recorded and the user data listed before as well as any order made will be recorded, too.
You can always accessed and amended data in your personal account, such as payment information, addresses etc. In case of an update, BExAR keeps a copy of any previous information for questions that might come up. You have the possibility to delete you user account if you have no pending orders.
6. COOKIES
BExAR may use cookies, including third-party cookies, for its website to ensure a user-friendly experience. Cookies are data in text format which is saved in the browser, either for one session (“Session Cookies”) or permanently (“Persistent Cookies”). The latter may also be used for marketing purposes. You may deactivate cookies in the bowser partially or wholly at any time. BExAR’s services might be restricted upon deactivation of cookies due to a lack of information. By using BExAR’s services and website, you agree to the use of cookies, noting that BExAR only uses this information for statistical analysis purposes and then the data is removed from the system.
7. LOG DATA
BExAR may register the following information in case of access to its website: date, time, IP address, HTTP status code, operating system, browser, language, visited pages and amount of data transferred, referral page. In order to provide user-friendly services, BExAR saves such data as log data, potentially by the support of third parties.
8. SOCIAL MEDIA
This Privacy Policy applies to BExAR’s social media activities as well, to the extent applicable. If GDPR is applicable to you, BExAR is, together with Facebook, responsible for the page insights which provide information about the use of BExAR’s Facebook page in order to offer a user-friendly Facebook page.
9. GOOGLE ANALYTICS AND FURTHER WEB ANALYSIS
BExAR may use “Google Analytics”, a web analysis client by Google Inc., to evaluate the usage of its website. The containing information regarding website and internet usage can be evaluated and processed by Google. The collected data may be transmitted to countries outside the Switzerland and EU/EEA, especially to the USA. However, Google has committed to follow the Privacy Shield Framework agreement.
BExAR analyzes the usage of our web presence with the following tool(s): https://www.shopify.com/legal/privacy. This analysis is exclusively for the purpose of optimizing the website with regards to usability and the provision of useful information about our services. A merger of data with other Personal Data sources or disclosure to third parties is excluded. No evaluation of Personal Data takes place. All analyses are based on anonymized datasets.
10. FINAL PROVISIONS
This Privacy Policy is governed by material Swiss law. Any dispute arising out of it shall be brought before the courts of the Canton of Zurich, city of Zurich, Switzerland.
This Privacy Policy may be amended by BExAR at any time. You may always find the latest version of the Privacy Policy at BExAR’s website.
