1. Name and contact details of the data processor responsible, the data protection officer and the location of the server.
Responsible in accordance with Art. 4 para. 7 of the EU General Data Protection Regulation (GDPR) is
BERNINA International AG
Tel.: +41 (0)52 762 11 11 (see Legal notice).
Our data protection officer Mr. Denkinger can be contacted via email at firstname.lastname@example.org or at the aforementioned postal address, addressed to “the Data Protection Officer”.
In addition, you can also contact the market organization responsible for you with respect to data processing operations: email@example.com
BERNINA will store personal data on servers in the EU.
2. Collection and storage of personal data; type and purpose of its use
a) When visiting the website
When you access our website, information is automatically transferred to us via the browser on your device. When you visit our website, the following data – without any action on your part – will be collected and temporarily stored in a log file:
- IP address
- Date and time of the request
- Time zone difference to Greenwich Mean Time (GMT)
- Contents of the request (specific page)
- Access status/HTTP status code
- the amount of data transferred
- the website from which the request was received
- Browser used
- Language and version of the browser software
- Operating system and its interface
The specified data will be processed by us for the following purposes:
- To ensure the smooth establishment of a connection to the website
- To ensure convenient operation of our website
- To evaluate the system security and stability
- For determining the correct country site
- Other administrative purposes
The legal basis for data processing is Art. 6 para. 1 clause 1 lit. f of the EU General Data Protection Regulation (GDPR). Our legitimate interest arises from the abovementioned purposes for data collection.
b) When using a contact form or contacting us via email
By making contact with us through a contact form or email, the data communicated by you (your email address, name, phone number, address, and any other information you provide on the contact form) are stored by us in order to answer your questions. Insofar as is necessary based on your request, the data can also be transferred to companies affiliated with BERNINA or to independent market organizations and processed by them. We delete any data arising in this context if it is no longer necessary to store it in order to answer your request.
The processing of data for the purpose of contacting us is made according to Article 6 para. 1 clause 1 lit. a GDPR on the basis of your voluntarily provided consent.
c) when using our customer portal and product registration
If you wish to use our customer portal, you must first register by providing your name, your email address, and a password of your choosing. This information will be stored in the Microsoft Azure Cloud, operated by Microsoft Corporation, One Microsoft Way Redmond, WA 98052-6399, USA, on servers in the EU. For this registration, we use for the double opt-in process, which means your registration is not complete until you confirm the registration using a code sent to you by email. You must provide the aforementioned data to use the customer portal. You can voluntarily provide more information by using our portal.
In our customer portal, you can view, change, and add to the personal information that we have on record for you at any time. We use this information for customer data management and, if necessary, to process any warranty claims as well as to personalize advertising. Additionally, you can register your Bernina products, sign up for the Bernina newsletter, and identify topics that you are particularly interested in.
If you want to register a product, we will save the information you provide (serial number, date of purchase, dealer, product, and other information in the questionnaire) and use it for the purpose of customer data administration and, if necessary, to grant any benefits you may be awarded as a result of registering the product, and to provide personalized advertising.
For more information on data privacy when using the newsletter service, please see section 2. d) Newsletter.
Information that you provide in the customer portal may be linked to other information we have saved about you in a customer profile. In doing so, we comply with the principle of purpose limitation and link only data that has been collected for the same purposes (e.g. for advertising). BERNINA can provide dealers, suppliers, or service providers with information from your customer profile if you have given your consent, which is revocable at any time, to this submission or if the transmission of this information is necessary in order to process your request. BERNINA will only transmit your data to third parties to the extent required. These third parties are obligated to adequately protect your data and to use it in conformity with the law.
The processing of your data when using the customer portal is subject to art. 6 para. 1 sent. 1 lit. a) (if and to the extent you give your consent), lit. b) (product registration), and lit. f) (other cases; in these cases, the legitimate interests of Bernina are those of direct marketing) of the EU General Data Protection Regulation (GDPR). You are neither legally or contractually obligated to provide information. Use of the customer portal, however, is only possible if the required information specified above has been provided. Any benefits arising from product registration can only be provided if the product has been registered.
You can delete individual data stored in the customer portal at any time. All of your stored data may be deleted upon request. Additional information about your information and revocation rights is available in paragraph 10 of the data protection provisions. In all other respects, your data will be deleted when the purpose for which the data was collected no longer exists.
d) when signing up for our newsletter
You can sign up for our newsletter to receive information about the latest trends in sewing, quilting, and embroidery as well as attractive offers from BERNINA.
The sign-up for our newsletter follows the so-called double opt-in process. This means that we send an email to the specified email address in which we ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration, your information will be automatically deleted. In addition, we will save your IP addresses as well as the dates of registration and confirmation. The purpose of this process is to verify your application and, if necessary, to clarify any possible misuse of your personal data.
On some forms, the mandatory information required for sending the newsletters is, in addition to your email address, also your name and/or your post/zip code. We want to send our users high-quality newsletters that are customized to their needs. In order to address you personally in the newsletter, and to tailor the newsletter to your needs, we also require your name and sometimes your post/zip code for the newsletter. You are neither legally nor contractually obligated to provide information. Use of our newsletter services, however, is only possible if the required information specified above has been provided.
If you sign up for the BERNINA newsletter, the data you enter when you register (name, email address, interests, post/zip code, and additional information where appropriate) for the purpose of direct marketing (including the delivery of personalized content as part of the newsletters but also on the BERNINA website) is saved and where appropriate, is linked to other data that BERNINA has saved about you. We hereby inform you that we evaluate your user behavior when sending the newsletter. This can be done by an algorithm or manually. To this end, a cookie is stored on your computer via a personalized link in the newsletter with a user ID so that we can identify you for future visits to our website. We link the data specified in section 2. a) with the user ID, your email address, and any stored data in a user profile. Using this data, we create or add to a user profile in order to tailor the newsletter to your specific interests. We record when you read our newsletter and which links you click in it. This allows us to infer your personal interests. We link this data with your actions on our website.
In order to send the newsletters and the subsequent analysis of your user behavior, we use a solution provided by our external service provider, Salesforce.com, Inc., One Market, Suite 300, San Francisco, CA 94105, USA. This may result in Salesforce Inc. having access to your personal data. Salesforce.com, Inc. is subject to the EU-US Privacy Shield: https://www.privacyshield.gov/EU-US-Framework.
In addition, we use a solution provided by our external service provider, Episerver GmbH, Wallstrasse 16, 10179 Berlin, Germany. This may result in Episerver Gmbh having access to your personal data.
This is subject to art. 6 para. 1 sent. 1 lit. a) of the EU General Data Protection Regulation, or (GDPR) insofar as consent has not been granted in individual cases, Art. 6 para. 1 clause 1 lit. f of the GDPR.
You can revoke your consent to receiving the newsletter and unsubscribe from the newsletter at any time. You can cancel by clicking on the link provided in each newsletter, by emailing firstname.lastname@example.org or by means of sending a message to the contact information provided in the Legal notice. This applies equally to a contradiction against commercial use in the event that you have not given consent to the sending of newsletters.
The data collected in this context will be stored until the consent is revoked.
e) when registering for classes with the BERNINA Creative Center
If you sign up for a class with the BERNINA Creative Center, the data you provide (name, address, email address, telephone number, other data you may voluntarily supply) will be processed for the purpose of organizing and running the class you have booked and will be passed on to the class management. The legal basis for the processing is Art. 6 para. 1 clause 1 lit. b of the GDPR. Provided that you have not consented to a longer storage duration, these data will be deleted upon completion of the class.
In addition, if you have consented to the use of your data for direct marketing purposes, we will process the data for direct marketing purposes and combine it in a customer profile with other information collected by us for the same purpose. The legal basis for this is Art. 6 para. 1 clause 1 lit. a of the GDPR.
If you have also consented to the publication of photos taken of you during the class for advertising purposes, we will process these photos in accordance with your consent. The legal basis for this is Art. 6 para. 1 clause 1 lit. a of the GDPR.
f) when using our blogs
If you sign up for the BERNINA Blog, the mandatory information specified by you when signing up (name, email address, country) as well as any additional data you voluntarily provide to supplement your profile, are saved for the purpose of the blog and for direct marketing purposes and, where appropriate, is linked to other data that BERNINA has saved about you. In the blog, you can publicly post topics, posts, links, comments, photos, sketches, instructions, etc. If you carry out such an action, we will save this internally, publish your action in the BERNINA blog and use these activities, where appropriate, to provide personalized content. Based on your uploaded projects (number of articles written, categories, participation in cooperative actions, tags used to describe articles, first/last entry) we will try to draw conclusions about your interests and use this information for direct marketing purposes.
You can also sign up for our special blog newsletter. For the blog newsletter, the statements under No. 2 lit. d) shall apply accordingly with the following exception. To send the Blog Newsletter we use the Episerver Campaign service from the external service provider Episerver GmbH, Wallstraße 16, 10179 Berlin, Germany.
Mandatory information is required to use the blog, since we need your email address for authentication, your name in order to be identified as the author of projects/comments, as well as for a personal response from us, and your country in order to be associated with a market organization. You are neither legally nor contractually obligated to provide information. Use of our blog, however, is only possible if the required information specified above has been provided.
If you want to leave a comment in the blog, a spam check is carried out in order to prevent misuse of our blogs. As part of this, your email address and your IP address will be saved and compared to a local blacklist. In addition, we use the Anti Spam Bee plug-in to help detect spam. The plug-in allows invisible input fields to be added to the comment form. Since spambots often complete all possible fields, it is possible to determine whether a comment is classified as spam. The plug-in also matches new comments with the metadata from previous spam comments and checks the comments for content that is commonly used by spammers (links, etc.). All of the checks noted above are carried out locally on our servers. No personal data is transferred to third parties. Once the above tests have taken place, your comment, along with your first name and last name, will be published. In addition, the author of the post you commented on receives an alert about your comment which also includes your first and last name.
The photos you upload to the blog must first be compressed. We use the Optimus image optimizer from the external service provider proinity GmbH, Rümikerstrasse 60, 8409 Winterthur, Switzerland, to perform this image compression. proinity GmbH compresses the photos and then, after the transfer process has been completed, immediately erases all cached data. No personal data remains on the service provider’s servers. Your data is processed by proinity GmbH exclusively on behalf of and in accordance with the instructions of BERNINA subject to these data protection regulations.
The legal basis for the processing of your data in the BERNINA blog is Art. 6 para. 1 clause 1 lit. a of the GDPR.
The data collected in the context of our blog will be stored until the consent is revoked.
Please refer to the special terms and conditions of use of the BERNINA Blog.
g) Ordering “inspiration,” the BERNINA customer magazine
If you order our customer magazine “inspiration”, we store the data specified by you (name, address, country, email address) for the purpose of carrying out the order and forward this data to Medienwerkstatt AG, Steinackerstrasse 8, 8583 Sulgen, Switzerland. Medienwerkstatt AG takes care of the shipping of single issues ordered or the issues included in the subscription. Should payment by invoice be selected, Medienwerkstatt AG will also raise the invoice. Payment by credit card takes place via the provider DataTrans AG, Kreuzbühlstr. 26, 8008 Zürich, Switzerland. Credit card data is stored and processed exclusively by DataTrans AG. BERNINA neither stores nor processes your credit card data.
The legal basis for the processing of your data is Art. 6 para. 1 lit. a GDPR, as long as you have provided consent for the processing of your data, as well as Art. 6 para. 1 lit. b of the GDPR.
In addition, if you have consented to the use of your data for the purposes of sending newsletters, we will process the data for direct marketing purposes and combine it in a customer profile with other information that BERNINA has saved about you. The legal basis for this is Art. 6 para. 1, clause 1 lit. a of the GDPR.
h) when downloading free downloads
On our website, we provide you with the option of free downloads (e.g. for test versions of embroidery software or upgrades of already purchased software). Before you can start downloading, you are required to complete a form, including providing your name, your email address, your post/zip code and your location. With your consent, we store and share this data with the respective market organization or dealer in your area. The purpose of the processing is to create a statistical record of the downloads carried out as well as promotions and advertising on the part of BERNIINA, the respective market organization or a dealer in your area. The legal basis for this is Art. 6 para. 1 clause 1 lit. a of the GDPR.
In addition, if you have consented to the use of your data for the purposes of sending newsletters, we will process the data for direct marketing purposes and combine it in a customer profile with other information that BERNINA has saved about you. The legal basis for this is Art. 6 para. 1 clause 1 lit. a of the GDPR.
i) when submitting an application
If you submit an application, we will process your application data in order to proceed with the application process. It will be ensured that your personal application data will only be passed on to the internal offices and specialist departments who are responsible for filling the position in question. Your personal application data will not be transferred to third parties. If you are not to be considered as part of the application process, your application data will be automatically deleted six months after the completion of the application process, unless a statutory provision precludes the deletion, further storage is required for the purpose of providing evidence, or you have explicitly agreed to a longer period of storage. In the instance of recruitment, the data you provide during the application process will be stored and processed as employee data. The legal basis for the processing of your data is Art. 6 para. 1 clause 1 lit. a of the GDPR.
3. Use of service providers, communication of data
We currently use the following service providers:
|CSS Computer-Systems-Support GmbH||Landstraßer Hauptstraße 167,
1030 Vienna, Austria
|bernina.com and CRM implementation partner|
|internex GmbH||Lagerstraße 15,
3950 Gmünd, Austria
|bernina.com hosting provider|
|colada ag||Mühlenstrasse 26,
8200 Schaffhausen, Switzerland
|BERNINA Creative Center course management|
|Inpsyde GmbH||Mutzer Heide 3,
51467 Bergisch Gladbach, Germany
|blog.bernina.com implementation partner|
|Savvii B.V.||Oranjesingel 76,
6511 NZ Nijmegen, the Netherlands
|blog.bernina.com hosting provider|
|proinity GmbH||Rümikerstrasse 60,
8409 Winterthur, Switzerland
|Image compression blog.bernina.com|
|IgnitionOne Deutschland GmbH||Leonrodstraße 52,
80636 Munich, Germany
|User profiling for lead generation|
|Microsoft Corporation||One, Microsoft Way,
Redmond, WA 98052, USA
|CRM + Cloud Services (Azure) system provider|
|Salesforce.com, Inc.||One Market, Suite 300,
San Francisco, CA 94105, USA
|Marketing solutions service provider|
|Parx Werk AG||Badenerstrasse 125,
8004 Zurich, Switzerland
|SalesForce Marketing Cloud implementation partner|
|Episerver GmbH||Wallstrasse 16,
10179 Berlin, Germany
|Newsletter Marketing Software system provider|
|Digital River GmbH||Scheidtweilerstr. 4,
50933 Cologne, Germany
|Sale of software products|
|SECONDRED Newmedia GmbH||Peterstraße 5,
99084 Erfurt, Germany
|Hetzner Online GmbH||Industriestr. 25,
91710 Gunzenhausen, Germany
|mybernette.com and challenge.bernina.com hosting provider|
|Unbounce Marketing Solutions Inc.||Friedrichstrasse 68,
10117 Berlin, Germany
|System provider for campaign landing pages|
|medienwerkstatt ag||Steinackerstrasse 8,
8583 Sulgen, Switzerland
|Handling of inspiration customer magazine|
|Datatrans AG||Kreuzbühlstrasse 26,
8008 Zurich, Switzerland
|webtuning AG||Riedäckerstrasse 9,
8422 Pfungen, Switzerland
|System provider for product registration|
|Google LLC||1600 Amphitheatre Parkway,
Mountain View, CA 94043, USA
|various marketing services|
- You have given your explicit consent in accordance with Art. 6 para. 1 clause 1 lit. a of the GDPR.
- In accordance with Art. 6 para. 1 clause 1 lit. f of the GDPR, the disclosure is required in relation to the assertion, exercise or defense of legal claims, or for the delivery of our website and there is no reason to believe that you have an overriding legitimate interest in the non-disclosure of your information
- In the event that the disclosure is a legal obligation in accordance with Art. 6 para. 1 clause 1 lit. c of the GDPR
- The disclosure is permitted by law and is required to conclude a contractual relationship with you in accordance with article 6 para. 1 clause 1 lit. b of the GDPR
In addition, we also use temporary cookies to enhance the user experience; these are stored for a specific length of time on your device. Should you revisit our site to make use of our services, it will automatically detect that you previously visited, what you entered, and which settings you selected so that you do not have to enter them again.
The data processed through the cookies is necessary to protect our legitimate interests for the aforementioned purposes as well as those of third parties in accordance with Art. 6 para. 1 clause 1 lit. f of the GDPR.
5. Web analysis
a) Google Analytics
This website uses Google Analytics, a web analytics service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). By using Google Analytics, we want to ensure a needs-based design and the continuous optimization of our website as well as statistically capturing the use of our website in order to optimize our offer for you. The legal basis for this is Art. 6 para. 1 clause 1 lit. f of the GDPR.
Google Analytics uses “cookies”, text files that are stored on your computer and enable your use of the website to be analyzed. The information generated by the cookie about your use of the website is usually transmitted to and stored on a Google server in the USA. This website uses Google Analytics with the “_anonymizeIp()“ function. This means that IP addresses are processed in a shortened form so that it is not possible to relate them to a person. Insofar as a personal reference is included in the data collected about you, it is therefore immediately excluded and the personal data thus promptly deleted. Only in exceptional circumstances will your full IP address be transmitted to a Google server in the USA, and shortened there. In exceptional cases where personal data has been transferred to the USA, Google is subject to the EU-US Privacy Shield. https://www.privacyshield.gov/EU-US-Framework. Google has data centres throughout the world (in addition to the EU and US, they currently have them in Taiwan, Singapore and Chile). We do not know whether Google transfers your data to a server that is located outside of the EU or the USA.
Google will use this information on behalf of BERNINA to analyze your use of the website for BERNINA, to compile reports regarding website activity and to provide other services related to website and Internet usage (in particular functions for display advertising, such as remarketing, reports on Google Display Network impressions, DoubleClick Campaign manager integration and Google Analytics demographic and interest reports).
Under certain circumstances, Google may analyze your usage behavior over several end devices (PC, smartphone, tablet etc.) and evaluate it for BERNINA using so-called cross-device functions. For this, Google may link information generated by the respective end devices for the purpose of personalized advertising with other such data and with data from your Google Account, if you have a Google Account and your preferences are set to allow Google to link the browsing history to the Google Account and use information from the Google Account to personalize the advertising you receive.
You can prevent Google Analytics cookies from being stored on your computer by selecting the relevant settings in your browser. However, please note that, if you do this, you may not be able to utilize the full functionality of this website. You can also prevent Google from collecting and processing the data generated by the cookie about your use of the website (including your IP address) by downloading and installing the browser plug-in available from the following link: http://tools.google.com/dlpage/gaoptout.
As an alternative to the browser plug-in or in browsers on mobile devices, you can click the following link to set an opt-out cookie that will prevent Google Analytics data collection from this website in the future (this opt-out cookie only works in this browser and for this domain; if you delete your cookies in this browser, you will have to click this link again): Click here to set your opt-out cookie
b) DoubleClick by Google
Due to the marketing tools used, your browser automatically establishes a direct connection with the Google servers. We have no control over the extent and continued use of the data collected through the use of this tool by Google and therefore inform you to the best of our knowledge: By integrating DoubleClick, Google receives information that you have accessed the respective part of our website or have clicked on an ad from us. If you are signed in to a Google service, Google can link the visit to your account. Even if you are not registered with Google or have not logged in, there is a chance that the provider will detect and store your IP address. In gevallen waarin persoonsgegevens worden overgedragen aan de VS, is Google onderworpen aan het EU-VS-privacyschild: https://www.privacyshield.gov/EU-US-Framework. Google heeft gegevenscentra over de hele wereld (naast de EU en de VS momenteel ook in Taiwan, Singapore en Chili). We weten niet of Google uw gegevens overdraagt naar een server die zich buiten de EU of de VS bevindt.
You can prevent participation in this tracking method in different ways: a) by changing the settings on your browser software accordingly. By suppressing third party cookies in particular, you will not receive any ads from third-parties; (b) by disabling cookies for conversion tracking by setting your browser to block cookies from the domain www.googleadservices.com, https://adssettings.google.com/?hl=en. When you clear your cookies, you will clear this setting as well; (c) by disabling interest-based ads from providers who are part of the self-regulatory campaign “About Ads” by using the link http://www.aboutads.info/choices. This setting is deleted when you clear your cookies. (d) by permanently disabling them in your Firefox, Internet Explorer or Google Chrome browsers using the link http://www.google.com/settings/ads/plugin. We should point out that in this case, you may not be able to use all the features of this offer in full.
The legal basis for the processing of your data is Art. 1, clause 1 lit. f of the GDPR. Further information about DoubleClick by Google can be found at https://www.doubleclickbygoogle.com/ and http://support.google.com/adsense/answer/2839090, as well as Google’s general data protection policy: https://policies.google.com/privacy?hl=en. Alternatively, you can visit the website of the Network Advertising Initiative (NAI) at http://www.networkadvertising.org. Google is subject to the EU-US Privacy Shield: https://www.privacyshield.gov/EU-US-Framework.
c) Google AdWords Conversion Tracking
This website also uses Google AdWords conversion tracking, a web analysis service by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, („Google“)., for improving the website and the advertising activities. The legal basis for this is Art. 6 para. 1 clause 1 lit. f of the GDPR.
The cookie for conversion tracking is set when a user clicks on an ad controlled by Google. These cookies become invalid after 30 days and are not used for personal identification. If you visit certain pages of our website within these 30 days, both we and Google in the USA can recognize that you clicked on the ad and were routed to this site. Every Google AdWords customer gets a different cookie. As a result, cookies cannot be tracked via the websites of AdWords customers. The information obtained by conversion cookies is used to generate conversion statistics for us. We learn the total number of users who clicked on our ad and were routed to our site. However, we do not receive any information by which you can be personally identified.
If you do not want to participate in the tracking, you can simply disable the Google conversion tracking cookie in your web browser’s user settings. In that case you are not included in the conversion tracking statistics. Additional setting options can be found on the web page about disabling Google ads at http://www.google.com/policies/technologies/ads/.
The information under section 5. a) with respect to Google as a third-party provider shall apply mutatis mutandis.
d) Google Tag Manager
BERNINA uses Google Tag Manager, a service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Using this service, website tags (tags are small code elements on the website that among other things, are used to measure traffic and visitor behaviors) can be managed via one interface. Google Tag Manager itself (which implements the individual tags) is a cookieless domain. Personal data is not collected through Google Tag Manager. Its sole purpose is to trigger other tags, which in turn may capture data. Google Tag Manager does not, however, have access to this data. If disabled at the domain or cookie level, it will remain in effect for all tracking tags implemented with Google Tag Manager.
The information under section 5. a) with respect to Google as a third-party provider shall apply mutatis mutandis.
e) Google AdWords Remarketing
In addition to Adwords Conversion Tracking, we also use Google Remarketing from Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”). This is a process we use when we would like to approach you again. After visiting our website, this application allows you to see our ads as you continue to use the internet. This is done by means of cookies stored in your browser that allow Google to record and evaluate information about your usage behavior when visiting various websites. This is how Google can determine any previous visits to our website. Google claims that they do not merge any of the data collected during the remarketing process with any personal data that may be stored by them. In particular, Google states that they use pseudonyms as part of the remarketing process.
The legal basis for the use of Google AdWords Remarketing is Art. 6 para. 1, clause 1 lit. f of the GDPR. The underlying purpose of advertising is considered a legitimate interest within the meaning of the GDPR.
The information under section 5 a) with respect to Google as a third-party provider shall apply mutatis mutandis.
f) Use of A/B testing by Visual Website Optimizer
More information about how Visual Website Optimizer processes your data can be found at https://vwo.com/privacy-policy/. You can disable Visual Website Optimizer tracking at any time by following the instructions at https://vwo.com/opt-out/.
BERNINA uses the Digital Marketing Suite (DMS), a service for web analysis by IgnitionOne Deutschland GmbH, Leonrodstr. 52, 80636 Munich, Germany (“IgnitionOne”). The DMS helps BERNINA to analyze user behavior while on bernina.com in order to improve and optimize the website and the provided content continuously. The DMS is also used for direct marketing purposes if you have given consent for the promotional use of your data.
Using a tag that runs in the background of bernina.com, IgnitionOne collects information about user behaviors, such as product interests on the website. Once a page is opened, the following data will be transmitted to IgnitionOne: The complete URLs you loaded to enter the page, the page you visited before you entered the currently opened page, the time you stayed on our pages, browser type, operating system and device type, cookie settings and the time you entered the page. This data is used to create an anonymous profile. Furthermore, we assign a user ID to you which is stored in a cookie on your browser, provided you accept cookies and you haven’t withheld your consent for analyzing your behavior (appeal procedures are described below). With every click on a button or link an anonymous profile is updated based on the currently visited page and the page visited before. The profile information will be stored in the BERNINA user database on IgnitionOne servers within the European Union. The collected data will be transferred in part to the BERNINA server where it will be stored and with your consent, will be linked to the other data that BERNINA has stored about you. Depending on the usage of the website, specific forms and offers may be displayed.
Should you fill out a usage-based pop-up contact form on our website and give your consent to be contacted by a dealer, as well consent for the commercial use of your data, we will combine the data entered in the contact form (name, address, phone number, email address, product interest) with the previously anonymized data collected via the IgnitionOne tag, link it to a user-related profile and process this information for direct marketing purposes. With repeated searches of the website, the data is updated accordingly. With regards to the aforementioned purpose, this data will be forwarded to IgnitionOne Deutschland GmbH and processed. In addition, the information you provided in the usage-based pop-up contact form will be sent, with your consent, to a dealer in your area.
You can deactivate cookies at any time. However, this might lead to the website not being able to be used without restrictions. Alternatively, you can perform an opt-out at https://emea-bernina.netmng.com/optout. Once you’ve done this, IgnitionOne will delete all existing cookies and attempt to set a new one (no-track-cookie) in order to make sure that your deactivation of cookies is valid for future visits to the website. Furthermore, all data that has already been collected by the IgnitionOne data collection tag will be deleted. The no-track-cookie tells the IgnitionOne server that no further user analysis shall be created in the future. If your browser is configured in a way that cookies are not accepted in general, a no-track-cookie cannot be set. Furthermore, if you delete cookies or if you use a different browser or computer, you have to perform the opt-out procedure again.
The legal basis for this is Art. 6 para. 1 clause 1 lit. a of the GDPR, insofar and to the extent that consent is given, in general Art. 6 Abs. 1, clause 1 lit. f of the GDPR.
The data collected using the DMS provided by IgnitionOne will be automatically deleted after 6 months unless you have consented to a longer period of storage of your data and no statutory permission warrants the further storage.
h) Salesforce.com, Inc.
We use the services of Salesforce.com, Inc. to analyze your user behavior in conjunction with the receipt of newsletters. This can be done by an algorithm or manually. We refer to the above statements under No. 2 lit. d) regarding this matter.
6. Use of Social Media Links and Plug-ins
a) Social Media Links
On our website, we use links to our social media profiles on Facebook, Instagram, Twitter, Google+, Flickr as well as YouTube in order to raise the awareness of the profiles of BERNINA.
These services are only included as links to the relevant social networks. No data can be transferred to the providers of the social networks if you do not click on the respective links. After clicking on the embedded links, you will be redirected to the page of the respective provider. Only then will user information be transmitted to the respective provider.
Addresses of respective providers and the URLs for their data privacy notices:
a) Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA; http://www.facebook.com/policy.php; further information about data collection: http://www.facebook.com/help/186325668085084, http://www.facebook.com/about/privacy/your-info-on-other#applications and http://www.facebook.com/about/privacy/your-info#everyoneinfo. Facebook is subject to the EU-US Privacy Shield: https://www.privacyshield.gov/EU-US-Framework.
b) Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA, further information on data collection: https://help.instagram.com/155833707900388.
c) Twitter, Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA; https://twitter.com/privacy. Twitter is subject to the EU-US-Privacy-Shield: https://www.privacyshield.gov/EU-US-Framework.
d) Google LLC., 1600 Amphitheater Parkway, Mountainview, California 94043, USA; https://policies.google.com/technologies/partner-sites?hl=en. Google is subject to the EU-US Privacy Shield: https://www.privacyshield.gov/EU-US-Framework.
e) Flickr: Oath, Inc., Oath, Inc. 770 Broadway Fl 4 New York, NY 10003-9558, USA, further information on data collection: https://policies.oath.com/ie/en/oath/privacy/products/flickr/index.html.
f) YouTube LLC., 901 Cherry Ave., San Bruno, CA 94066, USA; https://policies.google.com/privacy?hl=en. Google, the parent company of YouTube, LLC, also processes your personal data in the USA and is subject to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
b) Social Media Plug-ins
On the basis of Art. 6 para. 1, clause 1 lit. f of the GDPR, we use a social media plug-in from the Pinterest social network on the article pages on our blog to raise the awareness of BERNINA and to allow our users to share content with friends and acquaintances. The underlying purpose of advertising is considered a legitimate interest within the meaning of the GDPR.
If you access a page that contains a social media plug-in from Pinterest, no personal data will be initially passed on to Pinterest. Only when you click on the social button of the Pinterest plug-in provider will you establish a connection to the Pinterest server. By creating a connection to the Pinterest server, log data will be transferred to Pinterest. This log data may include your IP address, the address of sites you have visited that also contain Pinterest features, the type of browser and its settings, the date and time of the request, how you use Pinterest and cookies. Personal data may therefore be transmitted to Pinterest and stored (possibly in the USA).
We have no control over the data collected and the data processing operations, nor are we aware of the full scope of the data collected by Pinterest, the purposes of the processing, and the retention periods. We also have no information with respect to deleting the data collected by Pinterest. Responsibility for operations that comply with data protection is to be guaranteed by Pinterest.
Pinterest stores the data collected about you as a user profile and uses it for the purposes of advertising, market research and/or tailor-made website design. Such an assessment is carried out in particular (also for users who are not logged-in) for the presentation of demand-oriented advertising and to inform other Pinterest users about your activities on our website. You have the right to object to the creation of this user profile and you must contact Pinterest to exercise this.
The data transfer takes place irrespective of whether you have an account with Pinterest and are logged in. If you are logged in to Pinterest, your data that is collected from us will be associated directly with your Pinterest account. If you press the button and, for example, link to the page, Pinterest also saves this information in your user account and communicates this to your contacts publicly.
Pinterest Europe Ltd. Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland, https://policy.pinterest.com/en/privacy-policy.
7. Integration of YouTube Videos
We have integrated YouTube videos from YouTube LLC, 901 Cherry Ave, San Bruno, CA 94066, USA (“YouTube”), in our online offer, which are stored on http://www.youtube.com and can be played directly from our website. The YouTube videos are integrated for the purpose of ensuring a comfortable user experience of the website. The legal basis for this is Art. 6 para. 1 clause 1 lit. f of the GDPR.
The YouTube videos on our website are all embedded in “enhanced privacy mode”, which means that no data about you as a user is transferred to YouTube if you are not playing videos. Only when you play a video, will the following data will be transmitted to YouTube. There is nothing we can do about this data transfer.
By playing a video, YouTube receives information showing that you have accessed the corresponding subpage of our website. In addition, log data in accordance with section 2. a) of this policy is transferred. This happens regardless of whether YouTube provides a user account that you are logged in to, or if there is no user account. If you are logged in to Google, your data will be associated directly to your account. If you do not want this to be associated with your profile on YouTube, you must log out before visiting our website. YouTube stores your data as a user profile and uses it for the purposes of advertising, market research and/or tailor-made website design. Such an assessment is carried out in particular (also for users who are not logged in) for the delivery of demand-oriented advertising and to inform users of other social networks about your activities on our website. You have the right to object to the creation of this user profile and you must contact YouTube to exercise this.
8. Google Maps
On this website we use a service from Google Maps by Google LLC., 1600 Amphitheater Parkway, Mountainview, California 94043, USA (“Google”). This allows us to show you interactive maps directly on the website and allows you to conveniently use the map feature. The legal basis for this is Art. 6 para. 1 clause 1 lit. f of the GDPR.
By visiting the website, Google receives the information that you have accessed the corresponding sub-page of our website. In addition, the data specified under Section 2. a) of this declaration is transmitted to Google. This happens regardless of whether Google provides a user account that you are logged in to, or if there is no user account. If you are logged in to Google, your data will be associated directly to your account. If you do not want this to be associated with your Google profile, you must log out before visiting our website. Google stores your data as a user profile and uses it for the purposes of advertising, market research and/or tailor-made website design. Such an assessment is carried out in particular (also for users who are not logged in) for the delivery of demand-oriented advertising. You have the right to object to the creation of this user profile and you must contact Google to exercise this.
More information on the purpose and scope of the data collection and its processing by Google can be found in the Google data protection policy. You will also find further information about your rights and settings options pertaining to the protection of your privacy: https://policies.google.com/privacy?hl=en. Google also processes your personal data in the USA and is subject to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. Google has data centers throughout the world (in addition to the EU and US, they currently have them in Taiwan, Singapore and Chile). We do not know whether Google transfers your data to a server that is located outside of the EU or the USA.
9. Data security
We use the wide-spread TSL (Secure Socket Layer) technology as part of site visits, combined with the highest level of encryption supported by your browser. We also take appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments. However, BERNINA cannot guarantee the security of the data transmitted by you as a user. Any transmission of data is undertaken at your own risk.
10. Your Rights
You have the right:
- in accordance with Art. 15 of the GDPR, to request information about your personal data processed by us. In particular, you can request information on the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed, the planned storage period, the right to modifications, deletion, limitation of processing or contradiction, the existence of the right to appeal, the origin of the data insofar as it was not collected from us, and the existence of automated decision-making, including profiling and, where appropriate, descriptive information about the details thereof
- in accordance with Art. 16 of the GDPR to immediately request the correction of inaccurate or the completion of personal data stored by us
- in accordance with Art. 17 of the GDPR to request the deletion of your personal data stored by us, insofar as the processing is not required for the exercise of the right to freedom of expression and information, to comply with a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal rights
- in accordance with Art. 18 of the GDPR to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you reject its deletion and we no longer need the data, yet you need this to assert, exercise or defend legal claims or you have lodged an objection to the processing in accordance with Art. 21 of the GDPR
- in accordance with Art. 20 of the GDPR, to receive your personal data, which you have provided to us, in a structured, common and machine-readable format or to request its transmission to another responsible person
- in accordance with Art. 7 para. 3 of the GDPR, to revoke the consent granted to us at any time. The consequence is that we are no longer allowed to continue data processing, based on this consent, in the future
To exercise the aforementioned rights, please send an email to email@example.com or send us a message to the contact details given in the Legal notice.
Right of objection:
If we process your personal data to protect legitimate interests within the meaning of Art. 6 (1) sentence 1 lit. f GDPR, then in accordance with Art. 21 para. 1 GDPR, you have the right to object to this processing for reasons that arise from your particular situation. You can object to the processing of your data for direct marketing purposes at any time and without reason, in accordance with Art. 21 (2) GDPR. In order to exercise your right to object, it is sufficient to send us an informal notification, e.g. via email to firstname.lastname@example.org.
Right of appeal:
If you believe that the processing of personal data concerning you violates the General Data Protection Regulation, then in accordance with Art. 77 of the GDPR you have the right to complain to a supervisory authority for data protection.