Data protection

Preamble

We attach great importance to maintaining your privacy and protecting your personal data. For this reason, we are using this data protection declaration to inform you about the processing of your personal data so that you can safely visit our website knowing and trusting that we will only handle your data in accordance with this data protection declaration and in accordance with legal regulations. The declaration transparently explains to you what types of personal data are affected and how, to what extent and for what purpose we process them. The data protection declaration is comprehensive and therefore applies to all processing activities carried out by us. You are not obliged to provide us with personal data. However, we may then not be able to evaluate and process your request in accordance with your interests.

Personal data is any information relating to an identified or identifiable person.

1. Responsible body

Below is information about the responsible body or person responsible according to the applicable data protection laws, as well as your contact details for data protection questions:

Darlin GmbH
Säntisrain 8
8820 Wädenswil
Switzerland
represented by: Elizabet Luso

Email: info@loop-marketplace.ch

This data protection declaration informs those affected about the purposes, scope and type of processing of personal data by the above-mentioned responsible body. The responsible body here is the legal person who decides on the means and purposes of processing personal data alone or jointly with other persons. The person responsible is the person you can contact if you have any questions or to assert your rights and are entitled to an answer.

We take the issue of data protection very seriously and therefore work with certified data protection consultants. However, we are not legally obliged to appoint a data protection advisor and have therefore not appointed a data protection advisor. If you have any questions about data protection, we will be happy to help you in detail using the contact details provided.

Legal basis for data processing

We process personal data of those affected in Switzerland in accordance with the Swiss Data Protection Act (DSG new CH), which comes into force on September 1st, 2023. Unlike the GDPR, according to the DSG new CH, the processing of personal data is generally permitted without a legal basis. However, the word legal basis is used in some places in the text for the purpose of standardization, even if this is not necessary under Swiss law, but reference is made to the appropriate DSG new CH standard. When processing, we adhere to the principles of Art. 6 DSG new CH. These include, in particular, processing in good faith and for a specific and identifiable purpose, the proportionality of the processing, and the destruction or anonymization of personal data as soon as the purpose of the processing no longer applies and the processing is no longer necessary.

Since this data protection declaration may also be used across countries, we use the wording of the GDPR for the following synonymous terms:

Term GDPR equivalent DSG new CH Processing Processing Personal Data Personal Data Legitimate interest Overriding interest Special categories of personal data Particularly sensitive personal data Transmission of personal data Disclosure of personal data

2. Type and purpose of the use of personal data as well as their collection and storage

General information

Depending on your use of our offer, we process different personal data for different purposes.

Various purposes may include, in particular, the provision of our website, the management of our IT infrastructure, security measures, office procedures, organizational management and marketing. Furthermore, the purpose of the processing can be the fulfillment of contractual obligations including the provision of a contractually owed service, as well as the communication, administration and answering of contact and other inquiries and/or the implementation of competitions.

For these purposes we process different types of data, primarily inventory, usage, content and/or meta data, but also payment, contact, communication, location, other contract and/or procedural data, as well as event data. The types of data processed are always limited depending on the relevant purpose.

The following categories of people may be affected by our processing of personal data: users and interested parties; Customers, applicants, business and others other contractual partners; other communication partners, participants in competitions or similar competitions and members.

The respective purposes, types of data and affected persons are listed in detail below.

2.1 When you visit “www.loop-marketplace.ch”, general data processing and data processing that goes beyond the website

Server log files

When you visit our website, the following data is automatically processed, which is necessary to be able to easily establish the connection between your device and our website and to display the website properly:

IP address

Name and address of the website and files visited
Access time
Message about successful retrieval
Operating system and browser used
Referrer URL
Internet provider

The personal data processed also serves to optimize and ensure the security of the website and the information technology systems.

The legal basis for processing this data is our legitimate interest, which provides for the processing of personal data to protect the legitimate interests of the person responsible. The legitimate interests arise from the reasons above. The data will be deleted as soon as it is no longer needed, which is the case when the session ends, unless there is a legitimate interest in further storage (e.g. unlawful access).

Processed data: communication and procedural data (e.g. IP addresses), usage data (e.g. access times)
Data subjects: Users Processing purposes: Providing an optimal online presence, IT infrastructure; Safety measures Legal basis: legitimate interest in the provision of an online offer (according to Art. 6 and 8 DSG new CH), consent of the participants (Art. 31 para. 1 DSG new CH) Guarantees: Order data processing contract and, if data is transferred to third countries, the application of EU standard contractual clauses and, if necessary, additional certification of the hoster / provider according to the EU-US Data Privacy Framework DPF.

According to the Swiss Federal Council (last accessed in June 2023), when personal data from Switzerland is processed in the EU/ERW or the United Kingdom (UK), appropriate data protection within the meaning of Art. 16 Para. 1 DSG new CH is currently required (last accessed in June 2023). guaranteed, so that data export of personal data from Switzerland is permitted to these countries.

With regard to our website, we also refer to the data protection declaration of the hosting provider STRATO AG, Otto-Ostrowski-Straße 7, 10249 Berlin, Germany: https://www.strato.de/datenschutz/

Registration function

You can register on our website and create a customer account in order to be able to access additional content and use additional functions. The personal data that you provide during the registration process is stored.

Please note that certain minimum information is required to enable registration and the creation of a customer account. The minimum information required is marked. We use this data to create a customer account that allows you to log in again and save certain information. You can change or delete the personal data you have entered at any time.

The legal basis for the processing of this data is consent, processing for the purpose of fulfilling a contract and processing to fulfill a legal obligation.

The data relating to concluded contracts will be stored for as long as claims from these contracts are possible. The data will then be deleted. Data you provide will be deleted at your request, unless its storage is required for contractual purposes from the previous sentences. All other data will be deleted as soon as the purpose of storage no longer applies.

• Processed data: contact details (e.g. email address), inventory data (e.g. name, address)
• Data subjects: Users
• Processing purposes: ensuring contractual services/obligations, providing an optimal online presence, collecting feedback, administration; Safety measures
• Legal basis: legitimate interest (according to Art. 6 and 8 DSG new CH), consent of the user (Art. 31 Para. 1 DSG new CH)

Newsletter

On this website you have the opportunity to register for our free newsletter, which is sent to the email address you provided at regular intervals or on special occasions. The newsletter essentially contains promotional information regarding the services and products we offer, special promotions (e.g. competitions or blog entries. To register for the newsletter, you must provide a name and an email address. The Registration can be done via:

Registration takes place via a so-called double opt-in procedure. After registering, you will receive an email with a confirmation link. You are only registered for our newsletter once you have confirmed your registration. This ensures that no registrations can be made using third-party email addresses.

We process this personal data exclusively for the purposes of the newsletter on the basis of consent. You can cancel your subscription to the newsletter at any time. In this case, the data you provided will be deleted.

All registrations are logged by us or the service provider commissioned by us so that we can, if necessary, prove compliance with the legal requirements for the registration process. In this context, your IP address as well as the time of registration and confirmation are stored. Data processing is carried out on the basis of our legitimate interest in providing evidence of proper processing. If we have commissioned a service provider for shipping, this is due to our legitimate interest in an efficient shipping system.

The data to prove compliance with legal requirements can be stored beyond the receipt of the newsletter. This storage serves exclusively to defend against possible claims. In this case, the data will be deleted as soon as it is no longer needed for this purpose. This is the case as soon as the applicable limitation periods have expired. For those affected from Switzerland, the data is usually deleted after one year. The processing of this data serves exclusively to defend against possible claims. You can submit a deletion request at any time. In this case, we will delete the stored data prematurely, provided you also confirm that you gave your consent to receive the newsletter.

• Processed data: communication and procedural data (e.g. IP addresses), usage data (e.g. access times), contact data (e.g. email address), inventory data (e.g. name, address)
• Affected persons: communication partners
• Processing purposes: direct marketing
• Legal basis: Consent Art. 31 para. DSG new CH, legitimate interest according to Art. 6 and 8 DSG new CH
• Option to object: You have the option to stop receiving our newsletter at any time by revoking your consent or objecting to further receipt. You will find an unsubscribe link at the end of each newsletter or you can use one of the contact options provided above, preferably by email, to unsubscribe.

Cookies

If we use so-called cookies - small text files - to operate this website, these will be stored on your device and are intended, for example, to ensure the functionality of the website or to enable analysis of website usage. In this case, personal data is processed. Details about individual cookies, such as the respective legal basis (e.g. consent or legitimate interest), the storage period, or revocation and objection options, are then listed in detail below in the cookie management. With regard to the use of cookies, those affected generally have the right to object or the option to deactivate them in the browser settings. However, we would like to point out that this may no longer guarantee full functionality of the website.

If we use cookies, this is done either on the legal basis of your consent, or with a legitimate interest, for example to improve our website functions, or to fulfill contractual obligations, if a cookie is necessary, for example, to conclude a contract. Cookies are stored for different lengths of time. Some cookies are only temporary and will be deleted at the latest when you close your browser or app. Other cookies are permanently stored on your device. You can delete the cookies permanently stored on your device at any time. Alternatively, please use the cookie management tool to find out when cookies are automatically deleted.

You can adjust the selection of cookies for analysis/statistics or advertising at any time via the cookie settings.

Opt-in and opt-out

When you access this website for the first time, you can generally agree to the use of cookies, or you can give user-defined consent or deny the use of different cookies.

If you agree to the use of cookies that require consent, we will save your declaration of consent so that you do not have to obtain it again the next time you visit the website. For storage periods, we refer you to our cookie consent management. Next to your IP address, the browser you use and the model of the device you use may also be stored. You can revoke your consent declaration(s) at any time.

If cookies are used, we hereby inform you that these cookies process data on your devices in accordance with Art. 45c lit. b FMG CH. The processing serves the purpose described above. You can refuse the processing of cookies that require consent at any time.

• Data processed: IP address, declaration of consent, browser, device used
• Data subjects: Users
• Processing purposes: ensuring contractual services/obligations, functioning online offering, effective and targeted advertising measures
• Legal basis: legitimate interests in a functioning online offering and effective and targeted advertising measures (Art. 6 and 8 DSG new CH), consent (Art. 31 para. 1 DSG new CH)

Plugins and embedded functions

We integrate functions and content from external providers, hereinafter referred to as “third-party providers”, into our online platform. These include, for example, graphics, videos or interactive maps, which are referred to as “content”.

In order to display this content or functions, the processing of the user's IP address by the third party providers is necessary. The transmission of this content to the users' browsers is not possible without using the IP address. We strive to only integrate content from providers who use the IP address exclusively to deliver the content. The third parties may also use “pixel tags” (invisible graphics or “web beacons”) for statistical or marketing purposes. These “pixel tags” can be used to evaluate information such as visitor traffic on our pages.

The pseudonymous information collected can be stored in cookies on the user's device. These cookies contain technical information about the browser, operating system, referring websites, visiting times and other information about the use of our platform.

• Processed data: communication and procedural data (e.g. IP addresses), usage data (e.g. access times), content data, contact data, inventory data (e.g. names, addresses), location data; Event data (e.g. via Facebook pixels, which we can transfer to Facebook; these are processed based on target group formation and do not contain any actual content, no contact information, no login information), the event data is stored by Facebook after a maximum storage period of 2 deleted years ago
• Data subjects: Users
• Processing purposes: ensuring contractual services/obligations, providing online presence, creating user profiles, collecting feedback, marketing measures
• Legal basis: legitimate interest in effective and targeted advertising measures (according to Art. 6 and 8 DSG new CH), consent (Art. 31 para. 1 DSG new CH)

Web analytics

Web analysis, a sub-area of digital analytics, includes various methods for collecting and analyzing data about companies' online presences. This data is used by the website operator to optimize the customer experience. Test procedures can also be used to check different versions of the online offering.

For these purposes, we can create usage profiles that contain pseudonymized data about usage processes. The information is stored in the device or browser and accessed from there. The data collected includes, among other things, websites visited, functions used and technical details (e.g. the browser used). If users have consented to the collection of their location data by us or the service providers we use, this data may be collected.

User IP addresses are also stored, but we use a process called IP masking. This pseudonymizes the IP address to protect user identity. In general, we do not store any personal data (such as email addresses or names) during web analysis, A/B testing and optimization processes, but only pseudonymized data. Neither the providers nor we therefore know the identity of the users.

• Processed data: communication and procedural data (e.g. IP addresses), usage data (e.g. access times)
• Data subjects: Users
• Processing purposes: Generation of user profiles, reach measurement (e.g. determining the frequency of visits to a website)
• Legal basis: legitimate interest in effective and targeted advertising measures (according to Art. 6 and 8 DSG new CH), consent (Art. 31 para. 1 DSG new CH)
• Security measures: IP masking
• Guarantees: Order data processing contract and data transfer to third countries EU standard contractual clauses are applied and, if necessary, the hoster/provider is also certified according to the EU-US Data Privacy Framework DPF

3. Rights of those affected

Rights to which you are entitled as a data subject according to the new DSG CH

As a data subject, you are entitled to the following rights according to the DSG new CH:

Right to information about data processing and the rights of those affected

In accordance with Art. 25 Para. 1 DSG new CH, you have the right to receive confirmation from us as to whether we are processing personal data concerning you.

Right to information

According to Art. 25 DSG new CH, you are entitled to the following information if you are based or reside in Switzerland:

• Identity and contact details of the person responsible
• processed personal data
• Processing purpose
• Retention period of personal data or criteria for determining the duration
• Information about the origin of the personal data, unless obtained from the data subject
• Existence of an automated individual decision, as well as the logic on which the decision is based
• if applicable, the recipients to whom personal data is disclosed, as well as the information pursuant to Article 19 paragraph 4

Right to correction or completion

In accordance with Art. 32 Para. 4 DSG new CH, you have the right to request that we correct incorrect personal data concerning you and complete incomplete personal data. We are obliged to comply immediately.

Right to deletion (to be forgotten) or destruction

In accordance with Art. 32 Para. 2 lit. c) DSG new CH, you have the right to request the immediate deletion of the relevant personal data. Furthermore, in accordance with Art. 32 Para. 2 lit. c) DSG new CH, there is the right to destroy personal data.

Right to notice

In accordance with Art. 32 Para. 4 DSG new CH, you have the right to request information from us as to which recipients have been informed that personal data concerning you has been deleted, corrected or restricted.

Right to data release or transfer

In accordance with Art. 28 DSG new CH, you have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format and the right to transmit this data to another person responsible without hindrance on our part.

Right to object

In accordance with Art. 30 Para. 2 lit. b) DSG new CH, you have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you, which is based on legitimate interests. We are then no longer allowed to process the personal data unless we can demonstrate compelling reasons that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

Right to complain

You have the right to enforce your data protection claims through legal action or to lodge a complaint with a responsible data protection supervisory authority. The responsible Swiss data protection supervisory authority for private parties and federal bodies is the Federal Data Protection and Information Commissioner (FDPIC).

4. Storage period and deletion of personal data

Unless expressly stated in this privacy policy, we will delete your processed personal data when the reason for processing no longer applies. In all cases, statutory retention and storage periods remain unaffected (e.g. in Switzerland Art. 60 OR). In these and other cases, the storage period and deletion take place in accordance with the legal requirements.

5. Changes to this Privacy Policy

We reserve the right to adapt and change this data protection declaration so that it corresponds to the current legal requirements and our services. The new data protection declaration will then apply from your next visit to our website.

6. Principle of data economy and SSL encryption

Your personal data will only be processed if this is necessary to be able to provide you with a functioning website on which all of our content and services are presented in a technically correct manner. Other processing operations regularly only take place based on your consent in accordance with Art. 31 Para. 1 DSG new CH, unless data processing is permitted by other legal regulations.

For security reasons and to protect the transmission of personal data, we use SSL encryption.

We also take appropriate technical and organizational measures (TOMs) to ensure an appropriate level of protection. The state of the art, implementation costs, type, scope, circumstances and purposes of processing are taken into account as well as the different probability of occurrence and severity of the risks associated with the processing for the rights and freedoms of natural persons.

7. Third Party Data

If you have provided us with data about other people in addition to your personal data, please inform them about the processing of their personal data using this data protection declaration.

8. Personal data transfers and third country transfers

We sometimes work with third parties to process personal data, for example with service companies in the context of embedded content such as videos or in statistical analyses. Personal data may be passed on. These third parties are in a contract processing relationship or as joint controllers alongside us. In any case, we will ensure through appropriate agreements that the legally required protection of your personal data that we guarantee is fully complied with. These agreements include in particular contracts (order processing agreements, standard contractual clauses, etc.).

Some of our contractual partners are located in third countries, so data transfer can also occur abroad.

The Federal Council has published a list of countries with an appropriate level of data protection for the disclosure of personal data to third countries outside of Switzerland. This can be viewed at https://www.fedlex.admin.ch/eli/cc/2022/568/de#annex_1/lvl_u1 (last accessed on August 13, 2023). If we disclose personal data to a third country without an adequate level of data protection, then only in compliance with the guarantees in accordance with Art. 16 DSG new CH, in particular the use of standard data protection clauses recognized by the FDPIC. You can read further information about this from the FDPIC itself here: https://www.edoeb.admin.ch/edoeb/de/home/datenschutz/arbeit_wirtschaft/datenuebsuche_ausland.html (last accessed on August 13, 2023)

Alternatively, disclosure can take place in third countries with your express consent, to process a contract or, for example, to protect overriding public interest (Art. 17 DSG new CH). You can find the individual measures we have taken to ensure disclosure in third countries in accordance with the rules of the DSG new CH in the individual sections below.

9. Contact option for data protection questions

If you have any questions or comments about this data protection declaration, please contact us by email at info@loop-marketplace.ch.

This data protection declaration was generated with www.DatenBuddy.de / www.DatenBuddy.ch. The customer terms and conditions of u-create.it UG (limited liability) apply. The generator was created in collaboration with AID24 Law Firm - Attorney Christoph Scholze and AV-Vertrag.org.