Data protection

This privacy statement provides you with information on how we handle data concerning you, whether it be when you use our website or in any other way. We are responsible for the processing of your personal data and for ensuring that such processing is compatible with the applicable law. In doing so, we comply with the applicable data protection provisions.

“Personal data” represents all individual information concerning the personal and material circumstances of an identified or identifiable natural person. This means that it is information that can be linked to your person and provide information about you. These data protection provisions also use the wording “your data” for this purpose. The term “processing” refers to any handling of your data, in particular the collection, storage, management, use, transmission, disclosure or deletion of your data. Please note that the following information can be changed at any time. We therefore recommend that you regularly consult this privacy statement. Third-party websites accessible via our portal are not subject to the principles set out here. We accept no responsibility for the data protection compliance of third party websites.

Below you will find information on what personal data we collect and save about you when you visit our website, how we use this data and to whom we may pass it on, if applicable. In addition, you will find information on the rights you have against us in relation to the use of your data:

1. SCOPE AND PURPOSE OF PERSONAL DATA PROCESSING

a. When visiting our website

If you use our website without providing further details, the web server technology we use automatically records general technical navigation data in so-called log files. This includes, among other things, the IP address of the device used for the visit, data on the type of browser, internet service provider and operating system used, the pages of our website, the referring/exit pages, the date and duration of the visit.

The purpose of collecting and processing this information is to enable the use of our website (login), to ensure and enhance the security and stability of our systems and offers, to analyse the use of our offers and services, to collect general demographic information and to optimise our internet offer (in particular but not limited to product improvements, marketing measures, targeted advertising, etc.), as well as to obtain internal statistics. The user is not identified. Similarly, there is in principle no connection between this automatically collected information and the personal data stored with us. However, there may be an exception to this rule of principle if you already have a registered user account on one of our portals.

In addition, we use cookies and analysis tools (e.g. Google Analytics) when you visit our portals.

b. When opening a user account

Your registration, as well as the creation of a user account, may be required for the use of personalised services or access to protected areas, or to process requests and manage your orders. It is then necessary for you to provide certain personal information. This includes in particular:

– your email address, which may at the same time serve as your user name;

– a password as well as other data, if necessary, depending on the context and the offer, such as:

– first and last name;

– address (full postal address, postcode, town, country, access code for personal delivery);

– telephone number;

– date of birth;

– gender;

– information relating to subscription newsletters or other advertising;

– preferred language.

In addition to the data marked as mandatory for the use of our services, you are free to provide and save other personal data.

We use the data for the provision and administration of our website, for checking the plausibility of the data provided, i.e. for the justification, content structure, realisation and modification of the contractual relationship concluded with you regarding your user account, as well as in the case of paid services for proper invoicing.

By confirming the entry and transfer of your user account data during registration, you guarantee the accuracy of the data you have entered.

c. When using the website as a registered user

When a registered user uses the website, we collect data for statistical purposes in order to enable the proper functioning of the portal and to analyse, optimise and personalise the use of our offers and services. We thus collect data about your use of our website, in particular which functions you use, which advertisements you view and how you notice them.

d. When you make a purchase / when you purchase a service for which you have to pay a fee

If you purchase a product on our website or a paid service, certain data such as first and last name, address (full postal address, postcode, town, country) and possibly other data must be provided, as we need this for the execution of the contract concluded with you. If you choose an online payment option for the purchase of a product or service for which payment is required, payment is made via the online payment system of the respective supplier. The processing of personal and payment data is carried out directly, in this case via the supplier of the payment system concerned. We do not know or save your payment data. In addition, the data protection regulations of the respective provider of an online payment system apply.

As long as you have registered and have a user account, we can save your data in your user account for the next purchase / contract concluded.

In any case, we save all information relating to your current and past purchases and contracts, i.e. products, services, number of products and services per purchase, and payment amount. We are entitled to use this information for marketing and analysis purposes.

e. When participating in games, competitions (events)

We use the data you have provided to organise and carry out events and to inform the winners and/or communicate their names on our website, by means of direct communication or via social networks. If you have given us permission, we are entitled to use your data in accordance with numbers 2 and 4 and to pass them on in accordance with number 3.

2. DIRECT MARKETING AND ONLINE ADVERTISING

Following your registration or order as a guest on our website, we may also use your personal data for personalised advertising purposes. This applies to the personalisation of email advertising such as emails containing general information or of an advertising nature (newsletter), by telephone, mail, fax, text messages, picture messages as well as via instant messaging services as well as the provision of personalised content and advertisements on our website. For this purpose, we may automatically analyse information about your behaviour on our website as a user that is brought to our attention in order to prevent you from receiving unsuitable advertising. You can read about this processing in paragraph 4.

By creating a user account, in principle you automatically subscribe to our newsletter and your e-mail address can then also be used for our own advertising until you unsubscribe from the newsletter in question. You will find at the end of each email we send you a link allowing you to unsubscribe from the newsletter at any time.

You can also unsubscribe from the newsletter at any time by sending a message at: contact@banyanalliance.com. Unsubscribing is possible at any time.

We are entitled to commission third parties to carry out technical processing of advertising measures and for our own advertising and to pass on your data for this purpose (see section 3 below).

3. TRANSFERRING DATA TO THIRD PARTIES

We work with other companies or persons or we commission them to process and save data. These may be granted access to your personal or usage data, but only to the extent that this is necessary for the performance of their tasks.

We may use and pass on the information you have provided and the personal data about you or your user account that we have collected in the context of usage measurements carried out in accordance with chapter 1 above, for the purpose of evaluating, improving and organising the use of the website in accordance with the needs of our services and the services of related companies, and for personalisation and marketing purposes. Data processing by other companies is described in point 4 below.

The transfer of data to affiliated companies is in principle carried out with anonymised data, i.e. it is no longer possible to link you to this data without collecting additional information. We ensure, contractually and by means of technical and organisational measures, that it is no longer possible to identify individuals.

In addition, we pass on your data to third parties to the extent necessary for the fulfilment of the contract. To this end, we may pass on the required data to transport companies, banks and other service providers. These service providers use your data exclusively for the processing of the order and not for any other purpose. Insofar as this is necessary for the purposes mentioned in the first sentence, the data may also be transmitted abroad, for example to deliver goods. You will find further information on data transmission abroad under point 5.

We will not sell, rent or exchange any personal data you provide us with. With the exception of the transfers described above, we only pass on your personal data if you have expressly consented to this, if there is a legal obligation to do so or if we need to do so in order to enforce our rights, in particular those arising from the contractual relationship.

In the event of a sale, merger or other reorganisation of all or part of the assets of our company, personal data may be transferred, sold or otherwise shared with third parties as part of such a transaction or reorganisation.

4. PROCESSING OF YOUR PERSONAL DATA FOR MARKETING AND ANALYSIS PURPOSES

Our aim is to continually improve the offers we offer, to structure them according to the needs and more safely.  

To this end, various analysis tools can be used to link the user-specific data, both past and future, available to us and to analyse, aggregate, pseudonymise and anonymise user behaviour across all of our offers. In order to keep our database up to date, we may use publicly available data or data from third party providers. The results from your use of our services may be used and evaluated within the framework of the analysis of user behaviour by other participating companies. This data processing is primarily based on pseudonymised or anonymised data. The purpose of this data processing is, in particular, to send you or to display anonymous advertising on our website in accordance with section 2 and to improve the safety of our website.

5. TRANSMISSION OF PERSONAL DATA ABROAD

We are entitled to pass on your personal data to third-party companies (commissioned service providers) located abroad, provided that this is appropriate for the data processing described in this data protection declaration. These are subject to the same data protection obligations as we are. If the level of data protection in a country does not correspond to the level of data protection in Switzerland, we ensure by means of contracts that the protection of your personal data corresponds to the level of protection in Switzerland. To this end, we use one or more of the following measures:

– by concluding EU standard contractual clauses with commissioned service providers, see this link;

– by ensuring that the service providers are Swiss-US or EU-US PrivacyShield certified (if the data recipient is based in the USA or if the data is stored there), see this link;

– by the presence of Binding Corporate Rules (BCR) recognised by a European data protection authority with the authorised service providers, see this link.

6. RIGHT TO INFORMATION, CORRECTION, DELETION OR IN CASE OF COMPLAINT

You have the right to invoke your data protection rights at any time and to demand information about the personal data we process about you. You can also have your personal data corrected, blocked or deleted at any time by informing us in writing and providing proof of your identity at the following address: contact@banyanalliance.com

We reserve the right to correspond with you on this subject.

Please note that we are obliged to retain some of your personal data within the framework of our legal and contractual retention obligations (e.g. for billing purposes) even after you request blocking or deletion and in this case to block your personal data only to the extent required. In addition, deletion of your personal data may have the effect of preventing you from continuing to acquire or use the services you have registered for. Under certain conditions, you may request us to transmit your personal data to you or to a third party designated by you in a current format.

You may object at any time to the processing of your data for marketing and advertising purposes and to the transmission of your data in accordance with sections 2 and 4 by email.

Such an objection does not completely exclude the collection of personal data. Under the following link you can prevent the collection of your usage data. The objection only excludes the non-anonymised processing of personal data collected for marketing purposes and the passing on and processing by other companies for this purpose. To completely exclude or at least reduce the collection of personal data, the steps mentioned in section 8 regarding the deactivation of cookies must be carried out. This may have the effect of preventing you from using the services you have ordered. In addition, you have the right to take legal action against data processing with the competent supervisory authorities. You can do this with the supervisory authority of your home, place of work or the place of the alleged data protection violation.

7. LENGTH OF PERSONAL DATA RETENTION

We only store your data for the legal or necessary duration of the processing. In the case of analyses, we only save your data until the end of the process. If we save your data under a contractual relationship with you, we will only save your data for the duration of this relationship and at the most for the period of limitation of any claims in our favour or if the law or contractual provisions so provide.

8. DATA SECURITY

We employ appropriate technical and organisational security measures to protect your personal data stored with us against unintentional, unlawful and unauthorised manipulation, deletion, modification, access, transmission or use and against total or partial loss. Our security measures are continuously adapted and improved in line with technical improvements. We do not accept any liability for the loss of data or its disclosure to third parties and its use by them.

If you register with us as a user, access to your user account is only possible with your personal password. We recommend that you always treat payment and access information confidentially and close the browser window when you have interrupted communication with us, especially if you are using a shared computer.

We also take internal data protection very seriously. Our employees and those of the service providers we have commissioned are bound to secrecy and to comply with the legal provisions on data protection.

9. COOKIES

Cookies help us to better organise your visit to our website to make it easier, more enjoyable and more relevant. Cookies are files containing information that the web browser automatically saves on your computer’s hard drive when you visit our website.

Cookies do not damage the hard disk of your computer and do not transmit any personal data of users to us.

For example, we use cookies to find out who has visited our website and to determine how often certain pages or offers are visited, which parts of the website are particularly popular and how the website is used. We use other cookies so that you can navigate freely on our website and use its functions, such as accessing protected areas. Such cookies may also be necessary for the use of shopping carts and payment functions. The use of cookies also makes it possible to use the choices you have made or decisions you have taken as parameters to make your visit to our website more pleasant. In general, the use of cookies serves to improve our services and make them more efficient and secure. Cookies also make it possible to collect information in order to offer you advertisements that may be of interest to you. Most web browsers automatically accept cookies. You can, however, configure your browser so that no cookies are stored on your computer or so that you are always informed when you receive a new cookie.

Our website can in principle be used even without cookies, however, some functions may be limited.

10. MONITORING AND ANALYSIS TOOLS

In addition, the use of our digital offers is measured and analysed by various technical systems, mainly from third-party providers such as Google Analytics. These measurements can be carried out anonymously or not. It is then possible that the collected data may be passed on to third parties for processing by us or by the third party providers of these technical systems for processing. The most frequently used analysis tool is Google Analytics, a service provided by Google Inc. Thus, the collected data can in principle be transmitted to a Google server in the USA, but the IP addresses are made anonymous by an ad-hoc process so that no association is possible. This means that Google will not be able to associate the IP address transmitted by your browser as part of Google Analytics with any other data held by Google about you. It is possible to oppose the collection and processing of this data by Google Analytics by installing a cookie opt-out which prevents the future collection of your data when you visit this website.

11. PLUG-INS AND OTHER COMBINATIONS OF OFFERS FROM THIRD PARTIES

Our digital offers are connected in various ways to third-party functions and systems, for example through the integration of third-party social network plug-ins such as Facebook, Google Plus and Twitter.

If you have a user account with these third parties, they may also be able to measure and analyse your use of our digital offers. Other personal data such as IP address, personal browser settings and other parameters may then be transmitted to and stored by these third parties. When you use a social network connection service such as Facebook Connect, the provider may send us personal data such as name, email address and profile picture, which are stored with the provider. We have no control over the use of such personal data collected by third parties and accept no liability.

12. LEGAL BASES

We only process your personal data within the framework of the data processing principles and if there is a legal basis. This legal basis exists during the preparation and execution of our contract.

In addition, it is in our interest to constantly improve our offers, to adapt them to your needs and to distribute advertising that is of interest to you. This is necessary in order to further develop and finance our offers and to guarantee their security. We therefore assume that our interests are paramount. If you have consented to the processing of your data, this consent is valid.

13. CONTACT

If you have any questions regarding data protection on our website, if you would like to obtain information or request the deletion of your data, please contact us by sending an e-mail at: contact@banyanalliance.com.

14. UPDATES AND CHANGES TO THE DATA PROTECTION PROVISIONS

The development of our website or the implementation of new technologies may make it necessary to amend these data protection provisions. Registered users will be notified of any significant changes to these provisions by email to the address given at the time of registration or by means of a corresponding entry placed appropriately after logging in to the user account.

In addition, the current data protection regulations can be viewed on our website at any time.

The original privacy statement is in French. Translated versions are intended to facilitate a better understanding. In the event of any discrepancies, the French text is authoritative.

Version : 28 octobre 2020