Privacy Policy

1. Access data and hosting
2. Data processing for the purpose of contract processing and for contacting us
3. Data processing for the purpose of shipment handling
4. Data processing for the purpose of payment
5. Advertising by e-mail 
6. Cookies and other technologies 
7. Social media
8. Contact options and your rights

Responsible for data processing is:
YO|YOGA AG
Holbrigstrasse 8a
8049 Zurich
Switzerland

namaste@jadeyoga.eu

Thank you for your interest in our online shop. The protection of your privacy is very important to us. Below we inform you in detail about the handling of your data. Your data is processed on the basis of the GDPR and in accordance with § 96 para. 3 TKG.

1. ACCESS DATA AND HOSTING

You can visit our websites without providing any personal information. Each time you access a website, the web server only automatically saves a so-called server log file, which contains, for example, the name of the requested file, your IP address, the date and time of the access, the amount of data transferred and the requesting provider (access data) and documents the access. This access data is evaluated solely for the purpose of ensuring trouble-free operation of the site and improving our services. This serves to protect our legitimate interests in the correct presentation of our offer, which are overriding in the context of a balancing of interests in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR. All access data is deleted at the latest seven days after the end of your visit to the site.

HOSTING
The services for hosting and displaying the website are partly provided by our service providers as part of processing on our behalf. Unless otherwise explained in this privacy policy, all access data and all data collected in designated forms on this website are processed on their servers. If you have any questions about our service providers and the basis of our relationship with them, please contact them as described in this Privacy Policy.
Our service providers are located and/or use servers in countries outside the EU and EEA. There is no European Commission adequacy decision for these countries. Our cooperation with them is based on standard data protection clauses of the European Commission.

2. DATA PROCESSING FOR THE EXECUTION OF THE CONTRACT AND FOR CONTACTING US

2.1 DATA PROCESSING FOR THE EXECUTION OF THE CONTRACT
For the purpose of contract processing in accordance with Art. 6 Para. 1 S. 1 lit. b GDPR, we collect personal data if you provide us with this data voluntarily as part of your order. Mandatory fields are marked as such, as we need the data in these cases to process the contract and we cannot send the order without it. Which data is collected can be seen from the respective input forms.
Further information on the processing of your data, in particular on the transfer to our service providers for the purpose of order, payment and dispatch processing, can be found in the following sections of this data protection declaration. After complete processing of the contract, your data will be restricted for further processing and deleted after expiry of the retention periods under tax and commercial law in accordance with Art. 6 (1) sentence 1 lit. c GDPR, unless you have expressly consented to further use of your data in accordance with Art. 6 (1) sentence 1 lit. a GDPR or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

2.2 CUSTOMER ACCOUNT
Insofar as you have given your consent to this in accordance with Art. 6 Para. 1 Sentence 1 lit. a GDPR by deciding to open a customer account, we will use your data for the purpose of opening a customer account as well as for storing your data for further future orders on our website. Deletion of your customer account is possible at any time and can be done either by sending a message to the contact option described in this privacy policy or via a function provided for this purpose in the customer account. After deletion of your customer account, your data will be deleted unless you have expressly consented to further use of your data in accordance with Art. 6 para. 1 p. 1 lit. a GDPR or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

2.3 CONTACTING US
Within the scope of customer communication, we collect personal data in order to process your enquiries in accordance with Art. 6 (1) sentence 1 lit. b GDPR if you voluntarily provide us with this data when contacting us (e.g. via contact form, live chat tool or e-mail). Mandatory fields are marked as such because in these cases we absolutely need the data to process your contact. Which data is collected can be seen from the respective input forms. After your enquiry has been fully processed, your data will be deleted unless you have expressly consented to further use of your data in accordance with Art. 6 Para. 1 Sentence 1 lit. a GDPR or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

2.4 MANAGEMENT AND PROCESSING OF CUSTOMER REQUESTS
For the purpose of managing and processing customer enquiries, we use the ticketing tool] of the "Freshdesk" software of Freshworks, Inc ("Freshworks"), 2950 S. Delaware Street, Suite 201, San Mateo CA 94403, USA. This serves to protect our legitimate interests in effective and improved customer service, which outweigh our interests in accordance with Art. 6 (1) sentence 1 lit. f GDPR. Freshworks is acting on our behalf. As part of our use of Freshdesk, the personal data you provide will be transferred to the USA. There is no European Commission adequacy decision for the USA. Our cooperation with them is based on standard contractual clauses of the European Commission.

3. DATA PROCESSING FOR THE PURPOSE OF SHIPMENT PROCESSING

In order to fulfil the contract in accordance with Art. 6 para. 1 p. 1 lit. b GDPR, we pass on your data to the shipping service provider commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods.

4. DATA PROCESSING FOR PAYMENT PROCESSING

For the processing of payments in our online shop, we work together with these partners: technical service providers, credit institutions, payment service providers.

4.1 DATA PROCESSING FOR TRANSACTION PROCESSING
Depending on the selected payment method, we pass on the data necessary for processing the payment transaction to our technical service providers, who work for us within the framework of order processing, or to the commissioned credit institutions or to the selected payment service provider, insofar as this is necessary for processing the payment. This serves the fulfilment of the contract according to Art. 6 para. 1 p. 1 lit. b GDPR. In some cases, the payment service providers collect the data required for processing the payment themselves, e.g. on their own website or via a technical integration in the ordering process. In this respect, the privacy policy of the respective payment service provider applies.
If you have any questions about our payment processing partners and the basis of our cooperation with them, please use the contact option described in this privacy policy.

4.2 DATA PROCESSING FOR THE PURPOSE OF FRAUD PREVENTION AND OPTIMISATION OF OUR PAYMENT PROCESSES
Where applicable, we provide our service providers with further data, which they use together with the data necessary for the processing of the payment as our processors for the purpose of fraud prevention and optimisation of our payment processes (e.g. invoicing, processing of contested payments, accounting support). Pursuant to Art. 6 (1) sentence 1 lit. f GDPR, this serves to protect our legitimate interests in our protection against fraud or in efficient payment management, which outweigh our interests in the context of a balancing of interests.

5. ADVERTISING BY E-MAIL

5.1 E-MAIL NEWSLETTER WITH REGISTRATION
If you register for our newsletter, we will use the data required for this purpose or separately provided by you to send you our e-mail newsletter on a regular basis based on your consent in accordance with Art. 6 Para. 1 Sentence 1 lit. a GDPR. Unsubscribing from the newsletter is possible at any time and can be done either by sending a message to the contact option described below or via a link provided for this purpose in the newsletter. After unsubscribing, we will delete your email address from the list of recipients, unless you have expressly consented to further use of your data in accordance with Art. 6 para. 1 p. 1 lit. a GDPR or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

5.2 NEWSLETTER DISPATCH
The newsletter may also be sent by our service providers as part of processing on our behalf. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.
Our service providers are located and/or use servers in the USA and in other countries outside the EU and the EEA. For these countries, there is no adequacy decision by the European Commission. Our cooperation with them is based on standard data protection clauses of the European Commission.

6. COOKIES AND OTHER TECHNOLOGIES

6.1. GENERAL INFORMATION
In order to make visiting our website attractive and to enable the use of certain functions, we use technologies including so-called cookies on various pages. Cookies are small text files that are automatically stored on your terminal device. Some of the cookies we use are deleted at the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and enable us to recognise your browser on your next visit (persistent cookies).
We use such technologies that are absolutely necessary for the use of certain functions of our website (e.g. shopping cart function). These technologies collect and process IP address, time of visit, device and browser information as well as information on your use of our website (e.g. information on the contents of the shopping basket). Within the framework of a balancing of interests, this serves overriding legitimate interests in an optimised presentation of our offer in accordance with Art. 6 para. 1 p. 1 lit. f GDPR.

In addition, we use technologies to comply with the legal obligations to which we are subject (e.g. to be able to prove consent to the processing of your personal data) and for web analytics and online marketing. Further information on this, including the respective legal basis for the data processing, can be found in the following sections of this Privacy Policy. We may also use technologies that are not individually listed in this privacy statement. You can find more information about these technologies, including the respective legal basis for the data processing, on the Usercentrics platform. You can access this by clicking on the fingerprint button in the bottom right or left corner of the page.
The cookie settings for your browser can be found at the following links:

Microsoft Edge™/ Safari™ / Chrome™  / Firefox™ / Opera™

Insofar as you have consented to the use of the technologies in accordance with Art. 6 para. 1 p. 1 lit. a GDPR, you can revoke your consent at any time by sending a message to the contact option described in the privacy policy. Alternatively, you can click on the fingerprint button in the bottom right or left corner of the page. If you do not accept cookies, the functionality of our website may be limited.

6.2. USE OF GOOGLE SERVICES FOR WEB ANALYSIS AND ADVERTISING PURPOSES
We use the technologies of Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google") as described below. The information automatically collected by Google technologies about your use of our website is generally transmitted to a server of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA and stored there. There is no adequacy decision of the European Commission for the USA. Our cooperation with them is based on standard data protection clauses of the European Commission.  If your IP address is collected via Google technologies, it will be shortened by activating IP anonymisation before being stored on Google's servers. Only in exceptional cases will the full IP address be transmitted to a Google server and shortened there. Unless otherwise stated for the individual technologies, the data processing is based on an agreement concluded for the respective technology between jointly responsible parties in accordance with Art. 26 GDPR. Further information on data processing by Google can be found in Google's privacy policy.

GOOGLE ANALYTICS
For the purpose of website analysis, Google Analytics automatically collects and stores data (IP address, time of visit, device and browser information as well as information on your use of our website), from which usage profiles are created using pseudonyms. Cookies may be used for this purpose. As a matter of principle, your IP address will not be merged with other Google data. Data processing is carried out on the basis of an order processing agreement by Google.

6.3. INFORMATION ON THIRD COUNTRY TRANSFER (DATA TRANSFER TO THIRD COUNTRIES)
We use technology from service providers on our website whose server locations may be in third countries outside the EU or EEA. This also includes the USA. If, as in the case of the USA, there is no adequacy decision by the EU Commission, an adequate level of data protection must be ensured by means of other suitable guarantees. The ECJ ruled in July 2020 that the Privacy Shield agreement between the EU and the US can no longer be used to transfer personal data to the US. This means that the sectoral adequacy decision has thus been repealed.

Suitable guarantees in the form of contractually agreed standard contractual clauses of the EU Commission or binding internal data protection rules (Binding Corporate Rules) are possible in principle, but require a prior review by the contracting parties as to whether an adequate level of protection can be guaranteed. According to the ECJ ruling, it may be necessary to take additional protective measures for this purpose.

We have agreed in principle to the standard data protection clauses issued by the EU Commission and still valid with the third-party technologies we use that process personal data in a third country such as the USA. Where possible, we also agree on additional safeguards to ensure that sufficient data protection is guaranteed in the USA or other third countries.

Notwithstanding this, it may happen that, despite all contractual and technical measures, the level of data protection in the third country does not correspond to that in the EU. For these cases, we ask you, if necessary, in the context of the cookie consent, for your consent in accordance with Art. 49 (1) lit. a GDPR to the transfer of your personal data to a third country. This refers in particular to the transfer of data to the USA.

In particular, there is a risk that US authorities may not have sufficiently limited access rights to your personal data from an EU perspective, without us as the data exporter or you as the data subject being aware of this, and you may not have any legal remedies to prevent this or to take action against such access.

7. SOCIAL MEDIA

OUR ONLINE PRESENCE ON FACEBOOK
Insofar as you have given your consent to the respective social media operator in accordance with Art. 6 (1) sentence 1 lit. a GDPR, your data will be automatically collected and stored for market research and advertising purposes when you visit our online presence on the social media mentioned above, from which usage profiles are created using pseudonyms. These can be used, for example, to place advertisements within and outside the platforms that presumably correspond to your interests. Cookies are generally used for this purpose. For detailed information on the processing and use of data by the respective social media operator, as well as a contact option and your rights and setting options in this regard to protect your privacy, please refer to the data protection notices of the providers linked below. Should you still require assistance in this regard, you can contact us.

Facebook is a service of Facebook Ireland Ltd, 4 Grand Canal Square, Dublin 2, Ireland ("Facebook Ireland") The information automatically collected by Facebook Ireland about your use of our online presence on Facebook is generally transmitted to a server of Facebook, Inc., 1601 Willow Road, Menlo Park, California 94025, USA and stored there. There is no European Commission adequacy decision for the USA. Our cooperation with them is based on standard data protection clauses of the European Commission.  Data processing in the context of a visit to a Facebook fan page is carried out on the basis of an agreement between jointly responsible parties in accordance with Art. 26 GDPR. You can find more information (Insights data information) here.

8. CONTACT OPTIONS AND YOUR RIGHTS

8.1 YOUR RIGHTS
As a data subject, you have the following rights:

- pursuant to Art. 15 GDPR, the right to request information about your personal data processed by us to the extent specified therein;

- pursuant to Art. 16 GDPR, the right to request without undue delay the correction of inaccurate or the completion of your personal data stored by us;

- in accordance with Art. 17 GDPR, the right to request the erasure of your personal data stored by us, unless further processing is necessary

• to exercise the right to freedom of expression and information;
• to comply with a legal obligation;
• for reasons of public interest; or
• necessary for the assertion, exercise or defence of legal claims;

- pursuant to Art. 18 GDPR, you have the right to request the restriction of the processing of your personal data if

• the accuracy of the data is disputed by you;
• the processing is unlawful, but you object to its erasure;
• we no longer require the data, but you need it to assert, exercise or defend legal claims; or
• you have objected to the processing in accordance with Art. 21 GDPR;

- pursuant to Art. 20 GDPR, the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transferred to another controller;

- pursuant to Art. 77 GDPR, the right to complain to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters for this purpose.

Right of objection
Insofar as we process personal data as explained above in order to protect our legitimate interests which prevail within the framework of a balance of interests, you may object to this processing with effect for the future. If the processing is carried out for direct marketing purposes, you can exercise this right at any time as described above. If the processing is carried out for other purposes, you only have the right to object on grounds relating to your particular situation.

After you have exercised your right to object, we will no longer process your personal data for these purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.

This does not apply if the processing is for direct marketing purposes. Then we will not further process your personal data for this purpose.

8.2 CONTACT OPTIONS
If you have any questions regarding the collection, processing or use of your personal data, for information, correction, restriction or deletion of data as well as revocation of consent given or objection to a certain use of data, please contact us directly using the contact details in our imprint.