Privacy policy for the webshop: www.einhell-service.ch

Einhell Schweiz AG (hereinafter referred to as "the company") thanks you for visiting our website and for your interest in our company and our products. Protecting your data is important to us. You provide your data on a voluntary basis. The company processes this information in accordance with the provisions of the European General Data Protection Regulation (GDPR), the Swiss Data Protection Act ("DSG") and the revised Swiss Data Protection Act ("revDSG").

The following describes which data are processed while visiting our company's website.

1. Responsible Entity

The entity responsible for processing your data is Einhell Schweiz AG. Exceptions in this regard are described in this data protection notice.

Our contact information is as follows:

Einhell Schweiz AG
Im Halbiacker 7
8352 Elsau, Schweiz
E-Mail: [email protected]

Contact information for the Data Protection Office is available under No. 23 below.

2. Personal Data

Personal data is specific information relating to the personal or factual circumstances of a particular or identifiable person. This includes information such as your IP address and browser settings, form of salutation, correct name, address, email address, phone number and date of birth and information about your Einhell products. In addition, as part of our services or order process we also provide you with access protected by user name and password. As part of this process, we store your user name and password, and where necessary your sex. Personal information that cannot be directly associated with your true identity - such as, for example, your favourite websites or the number of users on a site - is not considered personal information.

Additionally we process the connection and identifing data for your web browser to present the appropriate content to you. 

3. Processing Personal Information

We process and store various types of temporary data any time you visit the company's website. This includes connection data from the computer accessing the website, the webpage(s)/file(s) you select as well as the data and length of time you visit the website. We also ascertain identification data for the browser and the operating system you use as well as the website used to visit us. Personal information such as salutation, your name, address, where applicable your company, your date of birth, phone number or email address and information about your Einhell products are only collected if you provide it voluntarily as part of registration, a survey, a contest, an order, a service case, in concluding a contract or when requesting information.

4. Specified use and dissemination of personal data

The company uses the personal data you provide for the purpose of the technical administration of the website, in providing services, for customer management, to make improvements to the website, for product-related surveys and for marketing purposes only to the extent required for each repective purpose.

4.1 Disclosure of your data to third parties

We work together with other companies or persons or commission other companies or persons to process and store data in accordance with this privacy policy.

4.2 Forwarding to service providers

We pass on your data to third parties insofar as this is necessary for contract processing in accordance with applicable data protection law. For example, your data is passed on to the shipping companies and dropshipping providers you have selected, payment service providers, service providers for order processing and IT service providers. In all cases, we strictly observe the legal requirements. The scope of data transmission is limited to a minimum. These service providers use your data exclusively for order processing and not for any other purposes. If this is necessary for the purposes mentioned in sentence 1, the data may also be transferred abroad, for example to enable the delivery of goods. For more information on transfers abroad, please refer to section 4.3.

4.3 Transfer of personal data abroad

We may also transfer your personal data to third-party companies or contracted service providers abroad, in particular in Europe, Asia and the USA, insofar as this is appropriate for the data processing described in this privacy policy. These companies are obliged to protect data to the same extent as we are. If the level of data protection in a country does not correspond to that in Switzerland, we ensure in an appropriate manner that the protection of your personal data corresponds to that in Switzerland at all times. We ensure this, for example, by concluding EU Model Clauses or other contracts approved by the Federal Data Protection and Information Commissioner with the service providers commissioned. In exceptional cases, the transfer to countries without adequate protection may also be permitted in other cases, e.g. based on consent, in connection with legal proceedings abroad or if the transfer is necessary for the fulfilment of a contract.

5. Legal basis for data processing

The legal basis for the processing of your personal data depends on the purpose underlying the processing.

5.1 Technical administration of the website

The legal basis for the processing of personal data for the purpose specified above is Art. 6(1) lit. b of the General Data Protection Regulation (GDPR), provided a contractual relationship exists with you. Where no contractual relationship exists between the company and you, the legal basis fordata processing is Art. 6(1) lit. f GDPR. A transfer of personal data (see figure 2) is necessary in order to establish a connection to the website and to display website content.

5.2 Provision of services

The legal basis for the processing of personal data for the purpose specified above is Art. 6(1) lit. b GDPR. We provide our services as part of fulfilling contractual obligations. We are unable to fulfil or perform the contract with you if we are unable to process personal data.

The following services are available on our website www.einhell-service.ch for which we store personal data:

5.3 Google Tag Manager

Our website uses Google Tag Manager, a service provided for persons from the European Economic Area and Switzerland by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland and for all other persons by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).

The Tag Manager is used to manage the tools and external services we use on our website and allows the use of so-called tags. A tag is a code element that is stored in the source code of the website, for example to control which page or service elements and tools are activated and loaded in which order. The tool triggers other tags, which in turn may collect data and which are further explained in this privacy policy. Some of the data is processed on a Google server in the USA.

We have concluded a data processing agreement with Google Ireland Limited for the use of Google Tag Manager. In the event that personal data is transferred from Google Ireland Limited to the USA, Google Ireland Limited and Google LLC have concluded standard contractual clauses (Implementing Decision (EU) 2021/914, Module 3) pursuant to Art. 46(2)(c) GDPR. In addition, we also obtain your explicit consent for the transfer of your data to third countries in accordance with Art. 49(1)(a) GDPR.

Google’s Data Privacy Policy as it relates to this tool can be found here: https://www.google.com/analytics/terms/tag-manager/.

5.4 Google Analytics 4

If you have given your consent, this website uses Google Analytics 4, a web analytics service provided by Google LLC. The responsible party for users in the EU/EEA and Switzerland is Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google").

Scope of processing
Google Analytics 4 uses cookies that enable an analysis of your use of our websites. The information collected by means of the cookies about your use of this website is generally transferred to a Google server in the USA and stored there.

Google Analytics 4 has IP address anonymization enabled by default. Due to IP anonymization, your IP address will be shortened by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. According to Google, the IP address transmitted by your browser as part of Google Analytics 4 will not be merged with other Google data.

We use Google Signals. This allows Google Analytics to collect additional information about users who have personalized ads enabled (interests and demographics) and ads can be delivered to these users in cross-device remarketing campaigns.

During your website visit, your user behavior is recorded in the form of "events". Events can be:

Also recorded:

Purposes of processing
On behalf of the operator of this website, Google will use this information to evaluate your pseudonymous use of the website and to compile reports on website activity. The reports provided by Google Analytics 4 serve to analyse the performance of our website and the success of our marketing campaigns.

Recipients
Recipients of the data are/may be:

It cannot be ruled out that US authorities may access the data stored by Google.

Third country transfer
Insofar as data is processed outside the EU/EEA and there is no level of data protection corresponding to the European standard, we have concluded EU standard contractual clauses with the service provider to establish an appropriate level of data protection. The parent company of Google Ireland, Google LLC, is based in California, USA. A transfer of data to the USA and access by US authorities to the data stored by Google cannot be ruled out. The USA is currently considered a third country from a data protection perspective. You do not have the same rights there as within the EU/EEA. You may not be entitled to any legal remedies against access by authorities.

Duration of storage
The data sent by us and linked to cookies are automatically deleted after 14 months. The deletion of data whose retention period has been reached occurs automatically once a month.

Legal basis
The legal basis for this data processing is your consent pursuant to Art.6 para.1 p.1 lit. a GDPR.

Revocation
You can revoke your consent at any time with effect for the future by accessing the cookie settings (privacy button at the bottom left of the page) and changing your selection there. The lawfulness of the processing carried out on the basis of the consent until the revocation remains unaffected.

In addition, you can prevent the collection of data generated by the cookie and related to your use of the website to Google and the processing of this data by Google, by

a) downloading and installing the browser add-on to disable Google Analytics 4. This will install an opt-out cookie on your device. This prevents the collection by Google Analytics 4 for this website and for this browser in the future, as long as the cookie remains installed in your browser.

b) disabling Google Analytics 4 by via the following link: Disable Google Analytics 4. This will set an opt-out cookie on your device. This prevents the collection by Google Analytics 4 for this website and for this browser in the future, as long as the cookie remains installed in your browser.

For more information on Google Analytics 4 terms of use and Google's privacy policy, please visit https://marketingplatform.google.com/about/analytics/terms/us/ or https://policies.google.com/?hl=en.

5.5 YouTube Videos

We embed YouTube videos on some of our websites. The provider of the corresponsing plug-ins is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. When you visit a site with the YouTube plug-in, a connection to the servers at YouTube is established. YouTube is thereby notified of which sites you visit. If you are logged into your YouTube account, YouTube can associate your surfing history to you personally. You can prevent this by logging out of your YouTube account.

If a YouTube video is launched, the provider uses cookies to collect information on user interactions.

If you have deactivated the storage of cookies for the Google ad program, then you need not be concerned about this type of cookie when viewing YouTube videos. However, YouTube also collects non-personal user information in other cookies. If you wish to prevent this, you must block cookies from being saved to your browser.

You can find additional information on data privacy at "Youtube“ in the provider's data protection notice at: https://policies.google.com/privacy?hl=en

5.6 Use of script libraries (Google webfonts)

We use script libraries and font libraries on this website, such as, for example, Google Webfonts, in order to display our content correctly and in a graphically appealing manner on all browsers (https://www.google.com/webfonts/). Google Webfonts are used to avoid repeat downloads to your browser's cache. If the browser does not support Google Webfonts or blocks access, the content will be displayed in standard font.

Accessing script libraries or font libraries automatically establishes a connection to the provider of the library. It is theoretically possible - though it is currently unclear whether and for what purpose - providers collect data on these libraries.

You can find the data privacy guielines for the library provider Google here: https://policies.google.com/privacy?hl=en

5.7 Google Maps

This website uses Google Maps API in order to visually display geographic information. When using Google Maps, Google collects, processes and utilises data on use of the map function by users. You can obtain further information on data processing by Google in Google's data protection notice. There you can also make changes to your personal data privacy settings in the data protection centre.

5.8 Google Ads

Our website uses Google conversion tracking. If you link to our website via an ad delivered by Google, Google Adwords places a cookie on your computer. The cookie for conversion tracking is placed on your computer when a user clicks on an ad delivered by Google. These cookies expire at the end of 30 days and do not serve to identify you personally. If the user visits certain pages on our website and the cookie has not yet expired, we and Google can detect that the user clicked on the ad and was routed to this site. Each Google Adwords customer receives a different cookie. Cookies therefore cannot be tracked via websites of Adwords customers. The information obtained with the aid of conversion cookies serves to compile conversion statistics for Adwords customers that have opted into conversion tracking. These customers learn the total number of users that clicked on their ad and that were routed to a page with a conversion tracking tag. However, they do not obtain any information that can be used to identify users personally. If you do not want to participate in tracking, you can decline to allow the cookie from being placed on your computer -- using, for example, browser settings that deactivate the automatic placement of cookies or set your browser so that it blocks cookies from the domain "googleleadservices.com“. Please note that you should not delete opt-out cookies if you do not wish to have measurement data recorded. If you have deleted all the cookies in your browser, you will need to set the opt-out cookie again.

5.9 Payment provider

Mollie B.V.

If you choose to pay online using the following payment methods during the ordering process, payment will be made via our external payment service provider Mollie B.V.

Our service provider is the Dutch company Mollie B.V. Keizersgracht 126, 1015 CW Amsterdam, The Netherlands. In the course of payment processing, the payment data entered by you will be transmitted to Mollie and the correspondingly selected payment provider.

This transmission takes place on the basis of Art. 6 para. 1 lit. b DSGVO. Depending on the payment provider, the respective terms and conditions and data privacy information apply.

Further details on data processing when paying via the payment service provider Mollie can be found here: https://www.mollie.com/privacy

5.10 Cloudflare

Our pages use features from Cloudflare. The provider is Cloudflare, Inc. 665 3rd St. #200, San Francisco, CA 94107, USA.

Cloudflare provides a globally distributed content delivery network with DNS. The technical transfer of information between your browser and our website is routed via the Cloudflare network. Cloudflare is thus able to analyse the data traffic between users and our websites; for example, to speed up the loading time of our pages or to detect and ward off attacks on our services.

In addition, Cloudflare may store cookies on your computer for optimisation and analysis. This safeguards our legitimate interests in the security, performance and reliability of our advertising offer in accordance with Art. 6(1)(f) GDPR. We have concluded a corresponding contract processing agreement with Cloudflare on the basis of the GDPR. The data is generally processed in Germany or other states in the European Union. Insofar as processing is carried out in third countries in certain cases, processing is only carried out if the adequacy of the level of data protection in the third country has been asserted by the EU Commission in accordance with Article 45 GDPR, on the basis of the EU standard contractual clauses or if an adequate level of data protection is ensured by the data recipient in another way. Cloudflare collects statistical data about your visit to this website. Access data includes:

Cloudflare uses the log data for statistical evaluations for the purpose of operation, security and optimisation of the offer. You can find information about the data collected there and about security and data protection at Cloudflare here.

5.11 Gruppe Nymphenburg Consult AG for the purposes of quality control and service provided by Einhell Schweiz AG

Einhell Schweiz AG wants to constantly improve the quality of its services and is therefore also reliant on checking the quality of its services in the context of its order processing. To this end, Einhell Group exclusively commissioned Gruppe Nymphenburg Consult AG, Arnulfstraße 58, 80335 München to carry out product and service-related surveys among its customers. If you have given your consent in this respect as part of data collection, you may be contacted for this purpose exclusively by this service provider. Gruppe Nymphenburg Consult AG is contractually obliged not to provide to third parties the customer data collected by Einhell Schweiz AG and transferred exclusively for this purpose and to maintain data privacy.

5.12 Friendly Captcha

Einhell Schweiz uses the "Friendly Captcha" service to prevent fraudulent activity and to protect you as an end user from becoming a potential victim of cybercrime.

The Friendly Captcha services provides a JavaScript element that is integrated into the source code of the website / webshop. The inclusion of the JavaScript element loads software in the background that provides crypto puzzles. Your device solves this crypto puzzle automatically, and you do not have to solve any arithmetic problems or picture puzzles.

The solution of the crypto puzzle is used to track whether the website / webshop is being used fraudulently or through automated machine processing, e.g. using bots, and to confirm the visitors are real people. The service is used in forms (contact forms, prize draw forms, registration and login forms, etc.) and in the order process.

To provide the service, Friendly Captcha stores the following data:

Friendly Captcha stores an anonymised counter for each IP address to enable dynamic scaling of the puzzle complexity in the edge network, in order to detect malicious/automated use and minimise the banning of real people. The IP addresses are anonymised by one-way hashing, and thus are not personally identifiable. The use of Friendly Captcha does not involve the storage of personal data such as your name, email address, online profile, etc.

No cookies are set when using Friendly Captcha.

Provider of the service:
Friendly Captcha GmbH, Wörthsee, Deutschland

You can find further information about Friendly Captcha's data protection policy here. Friendlycaptcha.com - Privacy policy for end users

In accordance with article 6, section 1(f) of the General Data Protection Regulation (GDPR), Einhell Schweiz AG and its subsidiaries have a legitimate interest in the use of Friendly Captcha, as the service helps to prevent potentially fraudulent activity on our website / webshop which could put Einhell infrastructure at risk.

5.13 Matomo (self-hosted)

Description of Service

This is an open source web analytics service. Matomo is providing the technology. However, Matomo is not processing any data as the data is not being transferred to Matomo due to the self-hosting solution. Self-hosting means that Einhell Schweiz AG hosts the web analytics service Matomo on its own servers and thus has sole sovereignty over the analytics data.

Data Purposes

This list represents the purposes of the data collection and processing.

Technologies Used

We use Matomo without any tracking cookies - instead we rely on cookieless tracking. Cookieless tracking is an alternative form of tracking that uses methods such as counting unique IP addresses or browser fingerprinting to identify users instead of cookies.

Data Collected

This list represents all (personal) data that is collected by or through the use of this service.

We use IP anonymization for the analysis with Matomo. In this case, your IP address is shortened before analysis so that it can no longer be clearly assigned to you. The same applies to the order ID, which is also anonymized when the shopping functionality is available on the website.

Legal Basis

In the following the required legal basis for the processing of data is listed.

Location of Processing

This is the primary location where the collected data is being processed. If the data is also processed in other countries, you are informed separately.

Deactivate Matomo

If you do not agree to the storage and use of your data, you can deactivate the data processing here. In this case, an opt-out cookie will be stored in your browser, which prevents Matomo from storing usage data. If you delete your cookies, this will have the effect that the Matomo opt-out cookie will also be deleted. The opt-out must then be reactivated when you visit our site again.

6. Transfer of data

Your personal data is not transferred to third parties, unless required for the purpose of concluding a contract or you have explicitly given your consent. When providing services or for ordering products, it may, for example, be necessary for us to forward your address and order information to your wholesale partner, service partner. It may also be necessary in the context of the payment process to provide your data to the respective service provider. If we use external service providers, they are carefully selected and are obligated to comply with all data protection provisions as per Art. 28 GDPR(see figure 5).

7. Use of cookies

Our website uses cookies. Cookies are small text files, which are saved in a user’s internet browser or by the user’s internet browser on their computer system. When a user calls up a website, a cookie may be saved on the user’s operating system. This cookie contains a characteristic character string, which allows the browser to be clearly identified when the website is called up again. We use cookies to make our offering more user-friendly, effective and secure. Cookies also allow our systems to recognize your browser after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. These services require the browser to be recognized again after a page change.

Cookies will be stored on your computer. You therefore have full control over the use of cookies. By choosing corresponding technical settings in your internet browser, you can prevent the storage of cookies and transmission of the data they contain. Cookies which have already been saved may be deleted at any time. We would, however, like to point out that this may prevent you from making full use of all the functions of this website.

Using the links below, you can find out how to manage cookies (or deactivate them, among other things) in major browsers:

You can adjust your cookie settings at any time and revoke any previously conceded consents.

Processing is carried out on the basis of § 15 (3) TMG (Telemedia Act) as well as art. 6 (1) lit. f GDPR due to our justified interest in the purposes above. The data collected in this way is pseudonymised using technological measures. It is therefore not possible to connect the data to your person. The data will not be stored together with other personal data pertaining to you.

8. Contact form

When you contact us by email or contact form, the information you provide is stored for the purpose of processing your query as well as for potential follow-up questions.

When using the contact form, we collect your personal data (first name, last name, e-mail address, telephone number, message text) only to the extent provided by you. The data processing serves the purpose of contacting you. By sending your message, you consent to the processing of the transmitted data. The processing is based on Art. 6 Para. 1 lit. a DSGVO with your consent.
You can revoke your consent at any time by notifying us without affecting the lawfulness of the processing carried out on the basis of the consent until revocation. We will only use your e-mail address to process your enquiry. Your data will be stored for processing the enquiry and for possible follow-up questions, unless you have consented to further processing and use.

9. Newsletter

If you choose to receive the newsletter offered through the website, we ask that you provide us an email address as well as information that allows us to verify that you are the owner of the email address provided and that you agree to receive the newsletter (double opt-out procedure). In order to personalise the newsletter, we store personal data, such as IP-address, salutation, first name, last name and email address. We then use this data in sending the requested information and to document your consent. The consent granted to store data, email address and to use it in sending the newsletter may be withdrawn with future effect at any time, either via the link in the newsletter or by submitting it in writing to Einhell Schweiz AG, Im Halbiacker 7, 8352 Elsau [email protected]. In managing and distributing our newsletter we employ the services of CleverReach GmbH & Co. KG (Muehlenstr. 43 - 26180 Rastede - Deutschland). To be able to do the newsletter service properly we submit the stated personal data to CleverReach.

10. Customer Satisfaction Survey

When using the order/returns service or the Q&A service of our technical customer support or our online shop, your personal data, such as your email address, is processed. Customer reviews are then automatically requested from the customer via email. This service is free of charge and can be cancelled at any time by sending an email to [email protected]. This serves to improve the online presence and customer service and is not passed on to third parties.

11. Statistical Analysis

We require statistical information on the use of our website in order to make the site more user friendly, to conduct audience measurements and to carry out market research. For this purpose, we employ the web analysis tools described in this section.

11.1 Gruppe Nymphenburg Consult AG

 Gruppe Nymphenburg Consult AG was commissioned by Einhell Group to carry out product and service-related surveys among Einhells's customers. You can find more information on this in Paragraph 5.

12. Data Security

Our employees and service providers we employ are obligated to maintain confidentiality and to abide by the provisions of applicable data privacy law. The company undertakes appropriate technical and organisational security measures to protect your personal data from loss, alteration, destruction and against access by unauthorised persons and unauthorised dissemination. Our security measures are updated in accordance with technical advancements.

To protect the security of your data during transmission, we use current state-of-the-art encryption processes.

13. Data Retention Period

We generally retain your data for as long as it is needed to provide for use of our website and the services associated with it or for as long as we have a legitimate interest in its continued retention (e.g. following fulfilment of contract, we may still have a legitimate interest in marketing by post). Deletion of data occurs following expiry of statutory or contractual retention periods (e.g. retention periods specified by tax and commercial law). Data not subject to retention periods are deleted once they are no longer needed to fulfill the specified purpose.

14. User Rights

As website user, you are entitled to certain rights. To exercise your rights, please refer to the information in the section on contacts. Please make sure, however, that we are able to clearly identify who you are.

15. Right to obtain information, make corrections and delete data

Pursuant to the General Data Protection Regulation, you may at any time upon request and at no cost receive written information on which data we have stored about you (e.g. name, address). Furthermore, you have the right to correct or delete this data, if statutory requirements have been met. Exempted from this right to delete are, for example, data on business processes that are subject to statutory retention periods.

16. Right to restrict data processing

You have the right to restrict the processing of your personal data.

17. Right to object

In addition, you have the right to object to the processing of data by us. We will then cease processing your data, except where - pursuant to statutory provisions - we can demonstrate compelling legimate grounds for continued procesing that outweight your rights.

18. Right to Data Transferability

Furthermore, upon request we pledge to provide for the transferability of personal data you provide by making this data available in a commonplace and machine-readable data format.

19. Withdrawal of Consent

You may at any time and with future effect withdraw consent to the processing of personal data that you granted us for one or more specific purposes. This does not affect the lawfulness of processing that occured prior to your withdrawal of consent.

20. Automated processing of personal data

Processing of your personal data soley by automated means occurs only if necessary for concluding or fulfilling a contract and if it does not involve any legal or like effect on you.

21. Modification of our data protection provisions

We retain the right to periodically modify this data protection notice so that it meets current legal requirements or in order to implement changes to our services in the data protection notice (e.g. when introducing new services). This data protection notice will then apply to any subsequent visit to the website.

22. Lodging complaints with regulatory authorities

You have the right to direct any complaints about the processing of your personal data to the relevant regulatory authority. You may contact either the data privacy office with jurisdiction at your place of residence or state or the data privacy office with jurisdiction over us. This is the:

Landesamt für Datenschutzaufsicht (State Office for Data Protection Monitoring)
Feldeggweg 1
CH - 3003 Bern
Telephone: +41 58 46 24395
Website: https://www.edoeb.admin.ch/edoeb/de/home.html

23. Contact

Any suggestions, complaints or questions you may have as regards the processing of your personal data may be directed to our data protection officer. We recommend you send confidential information only via postal mail.

Data Protection Officer ofEinhell Schweiz AG
Im Halbiacker 7
8352 Elsau
E-Mail: [email protected]
Telephone: + 41 52 235 87 87