EFFECTIVE DATE: AUGUST 1, 2022
Welcome to the https://emerica.com/ (the “Website”). Nidecker SA is after referred as ("Nidecker" or “we” or “us”) operates this https://emerica.com/.
Nidecker (“Nidecker” or “we” or “us”) has created this privacy policy (the “Privacy Policy”) in order to demonstrate its commitment to user, visitor, subscriber, and customer privacy with regard to the Website. Privacy on the Website is of great importance to us. Because we may gather some important information from our users, visitors, subscribers and customers (collectively “Subscribers” or “you” or “your”), we have established this Privacy Policy as a means to communicate our information gathering and dissemination practices.
We invite you to read the following articles for further details on the Personal Data we process, the purposes concerned and the legal basis for this processing.
Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://emerica.com/
Definitions
PERSONAL DATA
Personal data refers to information that can identify you directly or indirectly.
This Policy applies to all processing operations carried out by Nidecker SA.
COOKIES
Cookies are small files stored on your device (computer or mobile device).
DATA CONTROLLER
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
For the purpose of this Privacy Policy, we are the Data Controller of your Personal Data and our contact details are the following:
Nidecker SA
Place de l’Industrie 2
1180 Rolle
Switzerland
If you have any questions or requests regarding this Policy or the processing of your Personal Data, you can contact us by letter or email, using the following contact details:
Nidecker SA
Place de l’Industrie 2
1180 Rolle
Switzerland
By email: dataprotection@ndk.group
INFORMATION COLLECTION AND USE
We process different Personal Data about you in different ways, such as when you buy our products, when you subscribe to our services, when you contact us by email or contact form, or when a contract (mandate, company, other) links us to you.
We may use the collected data for various purposes, depending on the data collected, for instance:
Nidecker’s legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.
Nidecker may process your Personal Data because:
TYPES OF DATA PROCESSINGS WHEN YOU BUY OUR PRODUCTS AND/OR SUBSCRIBE TO OUR SERVICES
While using our Website, we may ask you to provide us with certain Personal Data which may include, but is not limited to:
We process these data when you give us your consent or when you ask us for products/services. When you provide us with personal information on our Website, we use it to create your customer account, provide you with a service and optimize our offer. The processing operations carried out do not go beyond the purpose of the goal of the processing.
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
- Shopify Payments (their Privacy Policy can be viewed at https://www.shopify.com/legal/privacy)w
- PayPal (their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full)
- Afterpay (their Privacy Policy can be viewed at https://help.afterpay.com/hc/en-us/articles/4406413632921-Privacy-at-Afterpay)
The shipping data (surname, first name, address, etc.) that you provide us for delivery are transmitted to FedEx Express Switzerland Sàrl, in Meyrin (Switzerland), which is our service provider for the delivery of the product.
With your consent, we may also use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.
The export of your data in a structured, commonly used and machine-readable format is possible at any time.
We store your data on secure servers, until you ask us to close your account, to delete it, you withdraw your consent to its storage or the purpose of storing the data expires. We may store them to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
WHILE YOU CONTACT US VIA EMAIL, LETTER, OUR CONTACT FORM, ETC
If you complete our contact form and/or send us an email, a letter or any other communication, the data you provide to us, including the contact data, will be stored with us for the purpose of processing your request. This data is not transferred to other third parties without your consent.
We store this data until you ask us to delete it, withdraw your consent to its storage or the purpose of storing the data expires. We may store them to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
WHILE YOU USE OUR WEBSITE
We may also collect information on how our Website is accessed and used ("Usage Data"). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. We may use your data for the following purposes:
TRACKING COOKIES DATA
We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
Legal basis: Art. 6 al. 1 let. b RGPD, and Art. 13 al. 2 let. a FADP
They are used to obtain statistics in order to optimize the performance of our Website. We exclusively use the Google Analytics tool (server-side cookie), a tool from GOOGLE Inc. (California, USA). However, we have taken care to put in place appropriate measures to ensure that no personal data is transmitted to GOOGLE Inc. in order to protect your privacy (anonymization of your IP address and integration of Google Analytics on the server side). We also chose the shortest shelf lives offered by GOOGLE Inc. For this tool, namely 13 months. The statistics we obtain through this tool are completely anonymous and are not transferred to third parties or outside Switzerland. For more information: https://tools.google.com/dlpage/gaoptout.ment. Legal basis: Art. 6 al. 1 letter. a GDPR, if applicable Article 13 al. 1 FADP.
Nidecker uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.
Google AdWords
Google AdWords remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
You are free to withdraw your consent to the use of the above cookies at any time by disabling cookies in your browser preferences. Please note that if you do not allow cookies to be stored, some features and pages will not behave properly. You can also delete a cookie on your computer automatically or manually. To do this, follow the instructions in the online help of your web browser.
In any case, the cookies we use do not have a lifetime of more than 13 months.
We store these data on a secure server in Switzerland, until you ask us to delete them, you withdraw your consent to their storage or the purpose of storing the data expires (e. g. 5 years after the sweepstakes or contest ended). We may store them to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
WHEN WE HAVE ENTERED INTO AN AGREEMENT WITH YOU OR WHEN WE ARE IN A PRE-CONTRACTUAL RELATIONSHIP
If a contract is concluded with you, we will have to process multiple data concerning you for the following purposes:
- Manage the pre-contractual and/or contractual relationship and serve you as well as possible.
- Monitor and manage your file.
- Invoice and/or pay for services.
The types of information collected include, but are not limited to, the following data:
- Names, first names, postal address, email, telephone number.
- VAT number.
- Bank account numbers.
We collect this data either when you provide it orally or in writing, through our Website or by other means.
We only disclose them to third parties when required to do so by law or in the context of legal proceedings.
We store this data until you ask us to delete it, withdraw your consent to its storage or the purpose of storing the data expires (e. g. after the contract has been fulfilled). We may store them to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
TRANSFER OF DATA TO FOREIGN COUNTRIES
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
Please note that we may transfer the data, including Personal Data, to Switzerland, UE and to the United States and process it there.
Nidecker will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
If Nidecker is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
SECURITY OF DATA
We have put in place the necessary organizational and technical measures to ensure data security. The personal data we process is secure and access is limited to those who need it. For example, all data transmitted on our website is secured according to current standards (HTTPS).
In order to avoid losses, your data is backed up daily in a "back-up", which is kept for 4 weeks and protected with an encryption key.
The security of your data is essential to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
YOUR DATA PROTECTION RIGHTS
Nidecker aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you may have the following data protection rights:
The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where Nidecker relied on your consent to process your personal information. Subject to the deactivation and deletion of cookies that you make directly, the revocation of your consent should in principle be sent to us by email to dataprotection@nidecker.com or by signed letter. A procedure will be sent to you.
Please note that we may ask you to verify your identity before responding to such requests. We will endeavor to respond within 30 days.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority.
SERVICE PROVIDERS
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.
In general, we select Data Processors who offer excellent guarantees related to the protection and security of your data (certifications, etc.). Our main subcontractors are as follows:
- Other entities part of our Nidecker Group
- IT service providers.
- Marketing consultants.
We impose strict requirements on these Data Processors. In this context, it is possible that some of these subcontractors may have confidential access to some of your data, but the contract that binds us obliges them to take appropriate measures to protect your Data. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
AMENDMENTS TO THIS PRIVACY POLICY
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
CONTACT US
If you have any questions about this Privacy Policy, please contact us:
Nidecker SA
Place de l’Industrie 2
1180 Rolle
Switzerland
021 822 33 33
By email: dataprotection@ndk.group
