Privacy Policy
Thank you for your interest in our privacy policy. At [Digital Product Rooms], we take the protection of your data very seriously. In the following, we explain what information we collect when you use Digital Product Room (“DPR”) our plug-in and services, and how it is used.
This privacy policy is supplemental to our General Privacy Policy and applies to DPR only. You should read this policy in line with our General Privacy Policy and in line with Shopify’s Privacy Policy.
The Basics
What law applies?
Our use of your personal data is subject to both the Swiss Federal Data Protection Act (“revDSG”) and the EU General Data Protection Regulation (“GDPR”), and of course we process your personal data accordingly.
The SwissPrivacy.Law association has published a comparison table between the revDSG and the GDPR, which can be found here.
What is personal data?
Personal data is any information about personal or factual circumstances that relate to a person. This may include name, date of birth, email address, postal address or telephone number, but also online identifiers such as IP addresses or device IDs.
What is processing?
“Processing” is any operation or set of operations that is performed on personal data, whether or not it is done automatically. The term is broad and covers virtually any handling of data.
Who is responsible for data processing?
The responsible party within the meaning of the revDSG and the GDPR is [Digital Product Rooms] of [Insert Address], Switzerland (“[Digital Product Rooms]”, “we”, “us”, or “our”).
If you have any questions or wish to exercise your rights, please contact us at [Insert Email] or write to us at the above address.
What are the legal bases for processing?
According to the revDSG and the GDPR, we should have at least one of the following legal bases to process your personal data:
- To fulfill contractual obligations (The purposes of the data processing are primarily based on the service we provide).
- In connection with our legitimate interests. (Where necessary, we process your data beyond the actual performance of the contract to protect legitimate interests of us or third parties. Examples include:
- Ensuring IT security and IT operations,
- Corporate governance measures and further development of our services,
- defense against claims by third parties and
- Enforcement of our own claims).
- Based on your consent (If you have given us your consent to process personal data for specific purposes).
- To comply with legal obligations.(Processing to comply with our legal obligations.)
Am I obliged to provide data?
In the context of our business relationship, you are only obliged to provide personal data that is required for the establishment, implementation and termination of a business relationship or that we are legally obliged to collect. Without this data, we usually have to refuse to conclude a contract or can no longer fulfill an existing contract and may have to terminate it.
Data we collect directly from you
Contact
The processing of personal data depends on the nature of your contact. In addition to your name and email address, IP address or phone number, we usually collect the context of your message, which may also contain certain personal data. The personal data collected when you contact us is used to process your request, and the legal basis is your consent.
Registration
As part of the registration process, users provide their a) Full Name; b) Email address; c) Password. The data provided will be used for the purposes of creating and using the account and providing and/or using our services. In the context of the use of our registration and the use of your account, the legal basis for the data processing is the fulfillment of our contractual obligations and, in individual cases, the fulfillment of our legal obligations as well as consent.
When you use our services
We process the personal data that arises when you use our services in order to provide our contractual services. In particular, this includes our support, correspondence with you, invoicing, fulfillment of our contractual, accounting and tax obligations. Accordingly, the data is processed on the basis of the fulfillment of our contractual obligations and our legal obligations.
Marketing
If you have given us your separate consent to process your data for marketing and promotional purposes, we are entitled to contact you for these purposes through the communication channels for which you have given your consent.
You may give us your consent in a variety of ways, such as by checking a box on a form asking for permission to send you marketing information, or sometimes your consent is implied from your interactions or contractual relationship with us. In cases where your consent is implied, it is based on the assumption that you could reasonably expect to receive a marketing communication based on your interactions or contractual relationship with us.
Direct marketing is typically by email, but may include other less traditional or new channels. These forms of contact are managed by us or by our contracted service providers. Any direct addressed marketing sent or conducted by us or on our behalf will provide you with the opportunity to opt out or exclude yourself.
Data we process from your integration of DPR
We process the Personal Data involved in your use of DPR in order to be able to provide our contractual services. This includes in particular Personal, Special Category (if provided) and Non-Personal Data you or your end users may submit in videos and content. In accordance with the revDSG and the GDPR we process this data as a data intermediary and in accordance with your instructions and use it only for the purposes agreed between you and us. All such Personal Data will be protected and retained in accordance with this privacy policy and the terms of the revDSG and the GDPR.
If the revDSG and/or the GDPR are applicable to you, please note: When using our services, you become the data controller and we become the data processor. Where we process your or your end users’ Personal Data and Special Category Data (if provided) as data processor (or in other words on behalf of you), we will process the data involved in accordance with your instructions and shall use it only for the purposes agreed between you and us. For further information please refer to our Data Processing Addendum.
The hosting services used by us for the purpose of operating DPR is Amazon Web Services (AWS). In doing so AWS processes inventory data, contact data, content data, usage data, meta data and communication data in our Germany based server location, on the basis of an efficient and secure provision of DPR and our services in conjunction with the provision of contractual services and the conclusion of the contract for our services.
Finally, please be advised that some jurisdictions may require you to disclose your use of DPR and our services including AWS as our subprocessor in your shop`s privacy policy. For further information please refer to our Data Processing Addendum and our Data Processing Agreement with AWS.
General Principles
Who receives my information?
Within [Digital Product Rooms], those who have access to your information are those who need it to fulfill our contractual and legal obligations.
Processors used by us may also receive data for these purposes. These are companies in the areas of IT services, telecommunications, and sales and marketing. If we use processors to provide our services, we take appropriate legal precautions and corresponding technical and organizational measures to ensure the protection of personal data in accordance with the relevant legal provisions.
Data is only passed on to third parties within the framework of the legal provisions. We only pass on user data to third parties if this is necessary, for example, for contractual purposes or due to legitimate interests in the economic and effective operation of our company, or if you have consented to the transfer of data.
How long will my data be stored?
To the extent necessary, we process and store your personal data for the duration of our business relationship, which includes, for example, the initiation and execution of a contract.
In addition, we are subject to various retention and documentation obligations, which result, among other things, from the statutory minimum retention periods and other retention periods prescribed in this sense, e.g. retention periods under tax or commercial law. Depending on the document and the legal regulation, the periods specified there for storage and documentation are five to ten years in accordance with the Swiss Code of Obligations.
How do we secure your data?
DPR uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of content or contact requests that you send to us. In addition, we have taken numerous security measures (“technical and organizational measures”), such as encryption or access only when necessary, to ensure the most complete protection of personal data processed through DPR.
Nevertheless, Internet-based data transmissions can always have security vulnerabilities, so that absolute protection cannot be guaranteed. And databases or records containing personal data may be breached inadvertently or by unlawful intrusion. If we learn of a data breach, we will notify all affected individuals whose personal data may have been compromised as soon as possible after the breach is discovered.
Is data transferred to a third country?
We may transfer your Personal Data to other companies and/or staff members as necessary for the purposes described in this Privacy Policy, including As described above AWS and our Development Team in Pakistan. We realize that Pakistan has not been recognised as a safe country for data processing by the European Commission (Adequacy Decision). However and in order to provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organizational measures to protect the Personal Data we transfer.
Special category data
We do not process special category data unless it is necessary for the use of our services and explicit consent has been given.
Minors
We do not request personal data from minors and children and do not knowingly collect such data or share it with third parties.
Automated Decision Making
Automated decision making is the process of making a decision by automated means without human involvement. Automated decision making does not occur.
DO NOT SELL
We do not sell your personal data
Your rights and privileges
Rights to protect your data
Under the revDSG and the GDPR, you may exercise the following rights:
- Right to information
- Right to rectification
- Right to deletion
- Right to data portability
- Right to object
- Right to withdraw consent
- Right to lodge a complaint with a supervisory authority
- Right not to be subject to a decision based solely on automated processing.
If you have any questions about the type of personal data we hold about you, or if you wish to exercise any of your rights, please contact us.
Updating your data
If you believe that the data we hold about you is inaccurate or that we are no longer entitled to use it and you wish to request that it be rectified or erased, or object to its processing, please contact us.
Withdrawal of your consent
You may withdraw any consent you have given at any time by contacting us. The legality of the data processing carried out until the withdrawal remains unaffected by the withdrawal.
Request for information
If you would like to make a request for information about your data, you can inform us in writing. We will respond to requests for information and correction as quickly as possible. If we are unable to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with the personal information you have requested or to make a correction, we will tell you why.
Complaint to a supervisory authority
You have the right to lodge a complaint about our processing of personal data with a supervisory authority responsible for data protection. The competent supervisory authority in relation to our services is the Swiss Federal Data Protection and Information Commissioner (DPIC), Feldeggweg 1, CH-3003 Bern, Switzerland www.edoeb.admin.ch However, we would appreciate the opportunity to address your concerns before you contact the DPIC.
