Guidelines

Kustom Schweiz AG, Mooswiesstrasse 30, 9200 Gossau, Switzerland (hereinafter "Kustom Schweiz AG"), is the author of this privacy policy and the owner of the information (data) collected about you under this privacy policy. In all other respects, the General Terms and Conditions (GTC) of Kustom Schweiz AG apply.

We know that careful handling of your personal information is important to you. We therefore appreciate your trust that Kustom Schweiz AG will handle this information conscientiously. In doing so, Kustom Schweiz AG is responsible for the collection, processing, disclosure, storage and protection of your personal information and ensures compliance with the Swiss Data Protection Act. This consent can be revoked at any time with effect for the future.

1. contact details
Responsible for data processing is:

Kustom Schweiz AG
Mooswiesstrasse 30
9200 Gossau
Switzerland

+41 71 380 05 05

You can reach the data protection officer of Kustom Schweiz AG at: datenschutz@kustom.ch

2. the nature and extent of the collection of personal data
when visiting our website

When you visit our online presence, the web server technology we use automatically logs general technical visit information. This includes, among other things, the IP address of the device used (anonymised), details of the browser type, the internet service provider and the operating system used.

when using the Kustom Schweiz AG online shops and enquiry functions

During the use of the online shops and enquiry functions operated by Kustom Schweiz AG, all data entered or submitted by the user during the registration process and in the course of using the shops will also be stored. This is particularly the case when you register, place orders, fill in online forms, participate in surveys or competitions, correspond with us online or offline or come into contact with us via social media, blogs or other interactive media.

As a rule, your personal data (name, address, e-mail address) and the settings required for the respective service are collected here. You can find more information about which data we process for which purposes in Appendix A to the order processing agreement.

By entering your details (registration), you consent to the processing, use and disclosure of your personal data within the framework and scope of the purposes described in this privacy policy.

3. data security
We use technical and organisational security measures in accordance with recognised market standards to protect personal data stored by us against accidental, unlawful or unauthorised manipulation, deletion, alteration, access, disclosure or use and against partial or total loss. The servers of Kustom Schweiz AG are located in a multi-certified and secured data centre in Switzerland. The connection to our servers is made using SSL encryption. We carry out regular backups of customer data. To prevent data loss even in extreme cases (e.g. destruction of the data centre by an earthquake), the encrypted backups are stored in parallel in several data centres in Switzerland and abroad. Our security measures are continuously adapted and improved in line with technological developments. We accept no liability for the loss of data or for third parties gaining knowledge of and using such data. Moreover, we cannot guarantee the security of data transmission on the Internet; in particular, there is a risk of access by third parties when data is transmitted by e-mail. However, access is protected by means of HTTPS. If explicitly requested by the customer, the customer can opt for dual authentication at any time.

4. purpose of the processing of personal data / recipients of the data
We process the data collected in order to be able to continuously improve the products and services you have requested, to manage your use of and access to our products and information, to maintain our business relationship with you, to monitor and improve the performance of our offering, to identify, prevent or detect illegal activities and to send you advertising, information or marketing material about products or services which, based on the data, we believe may be of interest to you. The data may also be passed on to partner companies and service providers, selected third-party companies, institutes and/or legally authorised government authorities, both in Switzerland and abroad, for processing and storage within the scope of the above-mentioned purposes. If the processing or storage of personal information takes place in countries that do not guarantee adequate data protection compared to Swiss data protection law, we require the processor under contractual obligation to fully comply with the relevant provisions from the EU GDPR.

We have some of the aforementioned processes and services carried out by service providers who are based in the EU or Switzerland and who comply with data protection regulations. These are companies in the categories of IT services, payment transactions, printing service providers, billing, debt collection and consulting as well as sales and marketing and service providers that we use in the context of order processing relationships.

5. cookies
Cookies help to make your visit to our website easier, more pleasant and more meaningful. Cookies are information files that your web browser automatically stores on your computer's hard drive when you visit our website and use our services.

You can independently manage your browser security settings and thereby block or deactivate cookies used by us, whereby certain services of Kustom Schweiz AG may then no longer be able to be used (in full).

Tracking and analysis tools / social media

The use of our digital offerings is measured and evaluated by means of various technical systems, predominantly from third-party providers such as Google Analytics. These measurements can be both anonymous and personal. In the process, it is possible that the collected data is in turn passed on by us or the third-party providers of such technical systems to third parties in Germany and abroad for processing. The most frequently used and best-known analysis tool is Google Analytics, a service provided by Google Inc. This means that the collected data can in principle be transmitted to a Google server in the USA.

Our website uses Google Analytics, a web analytics service provided by Google, Inc., located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, U.S.A. ("Google"). Google Analytics uses cookies, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.

If you do not want your website activity to be available to Google Analytics, you can install the browser add-on to disable Google Analytics (link: https://support.google.com/analytics/answer/181881?hl=en ). This prevents activity data from being shared with Google Analytics via the JavaScript executed on websites (ga.js, analytics.js and dc.js).

The analysis of data by other tools of the website owner is not prevented when you use the add-on. Data may still be sent to the website or to other web analytics services.

Integration of third-party offers / social media

Our digital offerings are networked with third-party functions and systems in a variety of ways, for example by integrating plug-ins from third-party social networks such as Facebook, Twitter, etc. in particular. If you have a user account with these third parties, it may also be possible for them to measure and evaluate your use of our digital offerings. In the process, further personal data, such as IP address, browser settings and other parameters may be transmitted to these third parties and stored there. We have no control over the use of such personal data collected by third parties and accept no responsibility or liability. Moreover, Kustom Schweiz AG has no detailed knowledge of what data is transmitted to the third-party providers, where it is transmitted to and whether it is anonymised.

6. automatic decisions
Kustom Schweiz AG does not use profiling or automatic decision-making techniques. Should Kustom Schweiz AG use these techniques in individual cases, you will be informed of this separately, insofar as this is required by law.

7. communication by email
You can unsubscribe from receiving electronic mailings or adjust the type and scope of this marketing service at any time.

8. legal basis of the processing
Your data is processed in accordance with Article 6 (1) (b) DS-GVO for the performance of the contract. The subject of the contract are the services mentioned above.

Likewise, the processing of your data, as described above, is carried out to protect the legitimate interests of Kustom Schweiz AG (Article 6 (1) (f) DS-GVO). These are to improve the products and services, to monitor and improve the performance of the offer and to detect, prevent or clarify illegal activities.

In addition, the data is processed in accordance with Article 6 (1) (c) DS-GVO for the fulfilment of legal obligations (e.g. storage and documentation obligations). This includes in particular your personal master data.

9. duration of storage
Kustom Schweiz AG processes and stores your personal data for as long as you use our services. It should be noted that the contractual relationship is a continuing obligation that is intended to last for years.

If the data are no longer required for the fulfilment of contractual or legal obligations, they are regularly deleted, unless their - temporary - further processing is necessary for the following purposes:

Fulfilment of retention obligations under commercial and tax law in Switzerland: Particular mention should be made of the ten-year period for keeping and retaining business records (OR 958f).
Fulfilment of retention obligations under commercial and tax law in Germany: These include the German Commercial Code (HGB) and the German Fiscal Code (AO). The periods specified there for storage and documentation are two to ten years.
Preservation of evidence within the framework of the statutory limitation provisions in Germany. According to §§ 195ff. of the German Civil Code (BGB), these limitation periods can be up to 30 years, with the regular limitation period being three years.

10. information, correction, deletion, blocking, consent
You have the following rights in relation to your personal data:

the right to information pursuant to Article 15 of the GDPR,
the right of rectification under Article 16 of the GDPR,
the right to erasure in accordance with Article 17 of the GDPR,
the right to restriction of processing under Article 18 of the GDPR,
the right to data portability under Article 20 of the GDPR, and
the right to object pursuant to Article 21 of the GDPR.

Insofar as you are asked to give consent in connection with the services of Kustom Schweiz AG, you give this consent by clicking on the appropriate checkbox that Kustom Schweiz AG may collect, process and use your personal data accordingly.

You can of course revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent up to the revocation. The revocation can be sent in writing to the address of Kustom Schweiz AG mentioned at the beginning. However, an e-mail to the address datenschutz@kustom.ch will also suffice. However, some of the services and functions will no longer be available to you afterwards.

The restrictions according to §§ 34 and 35 BDSG apply to the right of information and the right of deletion. In addition, there is a right of appeal to a competent data supervisory authority (Article 77 DS-GVO, Section 40 BDSG).

11. links to other websites
The www.kustom.ch-Website contains hyperlinks to third-party websites that are not operated or controlled by Kustom Schweiz AG. Kustom Schweiz AG is not responsible for their content or data protection practices.

Last updated: May 2023