Privacy Policy

AYCANE AG - Privacy Policy (Effective date: April 2021)

1. Scope of Cover

This Privacy Policy applies to the use of the website www.aycane.com (hereinafter referred to as the “website”) and the services provided therein. The protection of your personal information is important to us. This document provides information on the processing of personal information obtained when you visit our website. Personal data includes all data that refers to you personally, including your name, address, e-mail addresses, and user behavior.

 

2. Controller

The operator of this website and the legal entity responsible for the processing of personal data via this website is:

AYCANE AG
Riedstrasse 5
6330 Cham
Switzerland
Phone: +41 41 541 34 34 
E-mail: info@aycane.com


3. Automated Data Collection and Processing

Just as with every website, our server automatically and temporarily saves data that was obtained through the browser to the server log files, provided this was not deactivated by you. The following data are required by us for technical purposes as they allow you to view our website and guarantee the stability and security of the website.

  • IP address of the device accessing the website
  • The client’s file request
  • The http status response code
  • The address of the webpage where you clicked a link that sent you to our page (referrer URL)
  • The server query time
  • Browser and version
  • Operating system of accessing device

No personal evaluation of the data in these server log files takes place. If the aforementioned information contains personal data (in particular, IP addresses), these data are collected on the legal basis of Art. 6 (1) f General Data Protection Regulation (GDPR). It is in our legitimate interest to guarantee the proper operation of our website. If you require additional information regarding our use of data to gage interest as per Art. 6 (1) f GDPR, please use the contact information provided under item 2 to reach us. The collection of the aforementioned data is required to ensure that the full functionality of our website is available to you.

This website uses the following technologies and tools, described below. If you do not want some of these tools to be used, please find descriptions as to how to deactivate each of these tools in the information below.

 

4. Google Analytics

This website uses Google Analytics, a Google Inc. web analysis service  (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter referred to as “Google”). The version being used is “Universal Analytics.” It allows us to allocate data, sessions and interactions over several devices to a pseudonymized user ID and thus analyze a user's activities over multiple devices. Google Analytics makes use of so-called cookies, text files that are saved on your computer and that make it possible to analyze how you use our website.

The information gathered by the cookie about your use of this website is generally transferred to a Google server in the USA, where it is saved. Because the IP anonymizer is activated for our website, Google will first shorten your IP address before sending it to European Union member countries or other states party to the agreement of the European Economic Area. Your full IP address is only transferred to a Google server in the USA in exceptional cases, where it is shortened. The IP address transmitted from your browser by Google Analytics is not combined with other Google data. On behalf of the operator of this website, Google uses this information to evaluate your use of the website, create reports on website activities, and provide the website operator with additional services related to the use of the website and the Internet.

You can prevent the saving of cookies by changing the respective setting in your browser; we would like to point out that you may not be able to fully use all functionality on this website if you do so. Furthermore, you can prevent the sending of data collected and recorded by the cookie and pertaining to your use of the website (including your IP address) to Google, as well as the processing of this data by Google, by downloading and installing the available browser add-on from the following link: (https://tools.google.com/dlpage/gaoptout?hl=en). Opt-out cookies prevent the future collection of your data when you visit this website. To prevent Universal Analytics from collecting your data via various devices, you have to install the opt-out add-in on all systems being used.

The use of Google Analytics is based on our legitimate interest in offering a website that is designed to meet users’ requirements, conducting a statistical analysis of traffic to our website, and efficiently promoting our website. The legal basis is Art. 6 (1) f GDPR.

 

5. Cookies

Cookies are small text files that are saved locally in your web browser’s cache. The cookies listed below are only used by us to guarantee that the services you are using are provided to you and fulfilled according to Art. 6 (1) f GDPR. Our legitimate interest in processing the data is for the purposes of optimizing the website settings to the end-user device you are using and to adapt the user interface. If you require additional information regarding our use of data to gage interest as per Art. 6 (1) f GDPR, please use the contact information provided above to reach us. Our website uses the following types of cookies. Their scope and functionality are described below:

  • Transient cookies:

Transient cookies are deleted automatically when you close your browser. These include session cookies. These store a so-called session ID, with which different requests of your browser can be assigned to the common session.  In this way, your device will be recognized if you return to our website. Session cookies are deleted when you log out our close the browser.

  • Persistent cookies:

Persistent cookies are automatically deleted after a pre-determined time, which varies from cookie to cookie. You can delete these cookies at any time using your browser's security settings.

You can configure your browser settings to meet your needs and opt out of accepting third party cookies, for example. Please note that you may not be able to use all of this website’s functionality if you do so.

 

6. Collection and Processing of Voluntarily Shared Data

You have the option of voluntarily providing personal information on our website. We use this data, which includes only personal data, for the following:

To execute your contractual relationship and to process your queries regarding your orders we need your personal data (for example, your surname, name, e-mail address and address). We save this data in order to be able to provide you with our respective services and to enter into a contractual relationship with you. The legal basis is Art. 6 (1) b GDPR. Insofar as we, as described above, process your data for the purposes of providing our services to you and meeting the requirements of the contract, you are under a contractual obligation to provide this data to us. Without this data, we cannot provide you with our services, nor can we properly meet our contractual obligations towards you.

In addition to using your data as described in detail in this Privacy Policy, we also use it for the purposes of advertising, particularly in the form of mailed or electronic newsletters or customer surveys, or to contact you via SMS or phone, for example. The legal basis with respect to our legitimate interests for the purpose of conducting promotional activities relevant to you is Art. 6 (1) f GDPR. If you require additional information regarding our use of data to gage interest as per Art. 6 (1) f GDPR, please use the contact information provided above to reach us. You can revoke the use of your information for the purposes of advertising at any time. Details regarding your right to object can be found under item 9 of this Privacy Policy.

If we are under obligation to request your prior consent as per local laws in individual countries, then we will naturally do so. The legal basis for the processing of your information is your consent (Art. 6 (1) a GDPR). You can revoke your consent at any time. To do so, please refer to the contact information provided above, or follow the respective instructions in our promotional messages. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. You are under no obligation to provide us with your information for the purposes of advertising. However, without this information, we will not be able to send you promotional materials.

 

7. Sharing Personal Data With Third Parties

In principle, the sharing of your personal data without your prior express consent only occurs in the following cases:

  • For the purposes of legal proceedings:

If required to investigate the unlawful use of our services or for the purposes of legal proceedings, personal data will be shared with the law enforcement authorities and, if required, to aggrieved third parties. However, this will only occur if there is concrete evidence of unlawful or neglectful behavior. This data may also be shared if required to implement the conditions of use or other agreements. We are also under the legal obligation to provide information on the request of certain public authorities. These include law enforcement authorities, authorities that trace fine-related misdemeanors, and financial authorities.

 

The sharing of this information is done on the basis of our legitimate interests for the purposes of combatting abuse, the prosecution of criminal offenses and the guarantee, compensation and implementation of warranty claims, in accordance with Art. 6 (1) f GDPR. If you require additional information regarding our use of data to gage interest as per Art. 6 (1) f GDPR, please use the contact information provided above to reach us.

  • Processors:

We are dependent on contractually bound third-party companies and external service providers (hereinafter referred to as “processors”) for the provision of services. In cases such as this, personal data are shared with these processors to make it possible for them to further process it. These processors are carefully selected by us and are checked regularly. The processors can use the data exclusively for the purposes specified by us and furthermore, are under a contractual obligation to only process your data in accordance with this Privacy Policy and the applicable data protection laws. More specifically, we use the following processors in particular:

  • Logistics service providers to send you the products you have ordered from us, promotional materials or other materials
  • Payment service providers to execute payments from you to us or vice versa
  • In order to be able to offer you Klarna's payment methods, we may pass on your personal data in the form of contact and order data to Klarna during the checkout process, so that Klarna can check whether you are eligible for Klarna's payment methods and Klarna can tailor the payment methods to suit you. Your transmitted personal data will be processed in accordance with the Klarna data protection declaration.
  • Service providers to send newsletters or conduct customer surveys
  • IT service providers to provide software and hardware, as well as to conduct maintenance work

The sharing of data with processors is conducted on the basis of Art 28 (1) GDPR, alternately on the basis of our legitimate interests in benefiting from the economic and technical advantages connected with employing specialized processors, and that your rights and interests in protecting your personal data are not overridden, as per Art. 6 (1) f GDPR. If you require additional information regarding our use of data to gage interest as per Art. 6 (1) f GDPR, please use the contact information provided above to reach us.

 

8. Your Rights

With respect to your personal data processed by us, you have the following rights, described below. To assert your rights, please send us a written request using the contact information provided above or by e-mailing info@aycane.com

  • Right to information

You have the right to obtain confirmation as to whether personal data concerning you are being processed, within the context of Art. 15 GDPR.

  • Right to correct or delete information

Under the provisions detailed in Art. 17 GDPR, you have the right to request the deletion of personal data concerning you. These provisions provide for the right to delete information particularly when the personal data are no longer used or necessary in relation to the purposes for which they were collected or otherwise processed. According to Art. 17 (3) GDPR, asserting this right shall not apply to the extent that processing is necessary for compliance with a legal obligation or in the exercise of legal claims.

  • Right to restriction of processing

You have the right to request the restriction of the processing of your personal data in accordance with Art. 18 GDPR. This right applies in particular if you contest the accuracy of the personal data, for a period enabling us to verify the accuracy of the personal data; you oppose the erasure of the personal data and request the restriction of their use instead; furthermore when we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims; you have objected to processing pending verification. Where processing of your data has been respectively restricted, it shall only be processed in exceptional cases, for example, if you have given your consent or for the establishment of legal claims.

  • Right to object to processing

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6 (1) e or f GDPR, in accordance with Art. 21 GDPR. We will no longer process your personal data unless we can see compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.

  • Right to data portability

You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format in accordance with Art. 20 GDPR. The processing must, among others, be based on your consent and be carried out by automated means.

  • Right to lodge a complaint with a supervisory authority

You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the applicable data protection regulation. Our competent supervisory authority is: Eidgenössischer Datenschutz- und Öffentlichkeitsbeauftragter, Feldeggweg 1, CH – 3003 Bern. To communicate with the supervisory authority electronically, use the following link: https://www.edoeb.admin.ch/edoeb/de/home/der-edoeb/kontakt/kontaktformular.html

9. Erasure of Your Data

In general, we delete or anonymize your personal data as soon as they are no longer required for the purposes for which we have used them according to the above provisions. If data has to be kept for legal purposes, they will be locked. The data are then no longer available for further use. If you would like more information on our deletion and storage periods, please see item 2 for the controller's contact information.
 

10. Changes in the purposes of processing

A change in the purpose of processing of your personal data will only occur if this is permitted under legislation or if you have given your consent for the processing of your data for a different purpose. Should we further process your data for purposes other than those for which the data were originally collected, we shall inform you of this before processing the data for other purposes and will provide you will all information pertaining to this.

11. Automated case-by-case decisions or profiling measures

We do not use any automated processing processes to reach a decision – including profiling.

12. Changes to this Privacy Policy

The current version of this Privacy Policy can be accessed under www.aycane.com

AYCANE ATHLETES

Sven Andrighetto
Dominik Kahun