Data protection

1 Introduction
The following data protection declaration and terms of use apply to all services, products, websites, apps and other services (hereinafter “SC services”) of Shopcom AG, its affiliated companies and their brands (hereinafter “SC”).

SC offers the SC services to users (hereinafter the “Users”, individually the “User”). For the SC services, SC requires various data and information from the users about the users themselves and/or about other facts and things relating to the users (hereinafter "data").

SC collects, records, organizes, arranges, stores, adapts, changes, reads, queries, uses, transmits, analyses, distributes, sells, copies, deletes and/or destroys the data (hereinafter " editing" or "edit").

The processing of data is a basic requirement and therefore essential for SC to be able to offer SC services and operate its business model.

SC strives to protect the security and confidentiality of the information that SC receives, obtains from publicly available sources and/or otherwise processes in the course of its business activities.

SC is responsible for processing data. Questions and requests regarding the processing of data should be sent in writing to the following address:

Shopcom AG
Bettenweg 12
CH-6233 Offices

This data protection declaration and terms of use explain how and to what extent SC processes data and which terms of use apply to the use of SC services.

2. Legal basis
The processing of data is subject to Swiss law. Under certain circumstances, foreign law may apply, in particular the European Union's General Data Protection Regulation (hereinafter "GDPR").

SC is committed to complying with all relevant legal requirements and, to the extent legally possible, also obliges its employees and third parties who process data on its behalf, but without assuming any liability for this, to the extent legally possible.

3. Data and processing of data
The processing of the data usually begins with the beginning of the business relationship between SC and the user.

SC is also authorized following an expression of interest by a person (hereinafter “Interested Person”) in one or more SC services or in another service, product, website, app and/or other service from a business partner or advertising customer of SC (hereinafter “Other Services”) to inform the Interested Person about SC services and/or other services and to process the data received from the Interested Person and/or third parties.

3.1 Data
In principle, all data is processed, including personal data (see Section 9.2), which arises as part of the SC services or which, in SC's exclusive assessment, are necessary for offering the SC services. These include in particular but not exclusively:

• Data that users enter via online forms or apps or otherwise communicate as part of their use of SC's offerings (e.g. via telephone, email, online forms, surveys, etc.), including personal data (name, home address, telephone number, email address, company, company size);
• Real estate-related data such as; Property addresses, numbers, sizes, information about the materials used and their condition;
• Automatically transmitted or accrued usage data (e.g. date and time of use, previous and accessed page, IP address, data on the browser used, device identifier, current location, if this information is released, etc.);
• Correspondence and other communication with the user (e.g. emails, telephone calls, which may also be recorded where necessary);

This data can be linked to one another, even across multiple visits and contacts, if a user or a profile is recognized, for example based on a user name, an email address, a device identifier or "cookies" stored in the browser (see below). .

3.2 Processing of data
The processing of data by SC is carried out for the development, the paid and free offering, the further development and design of the SC services, for internal training purposes and for quality control, for the maintenance and development of user relationships, for the expansion of SC into other business areas, to obtain offers from insurance companies and other service providers, for advertising and marketing purposes, to prevent, detect and combat abuse, to respond to legitimate official inquiries, for the purpose of contract processing, generally for other commercial interests of SC and/or in connection with credit checks and debt collection activities , as well as with the enforcement of claims or other legal disputes which concern SC or in which SC has a legitimate interest or in which SC is involved.

Further uses of the data may arise from the circumstances or from legal obligations or may be indicated when the data in question is collected.

3.3 Processing of data by third parties
SC can have the data processed by third parties, including abroad. SC ensures in an appropriate manner that these third parties only process the data in the way that SC is permitted to do so (see Section 3.2). The user hereby expressly authorizes SC to pass on the data to third parties, including abroad.

In exceptional individual cases (e.g. misuse), data may also be disclosed to third parties for purposes other than those listed in this data protection declaration and terms of use or those provided for by law, provided that applicable law is not violated. SC cannot control, guarantee or warrant that these third parties comply with SC's data protection regulations; They process the data for their own purposes and, under certain circumstances, also abroad, where there may not be legal data protection laws like in Switzerland.

The transfer of data abroad can also occur when data is passed on to third parties, in particular if social networks or other third-party offers are used and/or linked to the SC services.

4. Retention of data
SC stores data in accordance with the provisions of applicable Swiss data protection law and, where applicable, foreign law, in particular the GDPR.

SC generally processes all data in Switzerland and stores it on systems in Switzerland or, if necessary, abroad. SC reserves the right to process or store the data outside of Switzerland without informing the user in advance, provided that the relevant provisions of data protection legislation are complied with.

When storing and processing data, SC takes appropriate technical and organizational measures to prevent unauthorized access and other unauthorized processing. These are regularly checked and, if necessary, adjusted, including by the third parties commissioned by the company to operate its systems.

5. Data retention period
SC stores the data in accordance with legal requirements and adheres to the relevant legal retention periods and obligations.

After the relevant legal retention periods and obligations have expired or after the deadlines that are necessary to pursue or defend against claims (e.g. statute of limitations), the relevant data will be routinely deleted. Data that is not subject to retention periods and obligations will be deleted when its storage is no longer necessary for the SC services or for other interests of the SC.

6. Newsletter, commercial communication
SC may from time to time send newsletters or other (including commercial) newsletters to all users who register with it using an email address or other electronic address or mobile phone number or who install an app from SC. Send content related to SC services (hereinafter “SC News”). When sending the newsletter, SC can use services from mailchimp, bexio, zoho and other software providers.

The user hereby agrees to the sending or display of SC news, but can stop this at any time and free of charge.

Under certain circumstances, you can receive the SC news by registering in a so-called double opt-in procedure. The user receives an email, SMS or other message asking to confirm the registration. This confirmation is necessary so that no one can log in with someone else's email address. Registrations to receive SC News are logged in order to provide evidence of the registration process in accordance with legal requirements. This includes storing the registration and confirmation times as well as the IP address.

The user can cancel receipt of SC News at any time and revoke their consent to receive it. This means that the consent to sending them via email software providers and the statistical analyzes expire at the same time. A separate revocation of sending via mailchimp, bexio, zoho and other software providers or the statistical evaluation is not possible. A link to cancel the newsletter can be found at the end of each newsletter.

7. Cookies
SC uses cookies on its websites or on websites operated on behalf of SC (hereinafter “SC websites”).

Cookies are a common technology in which the website assigns an identifier to the user's browser, which the user stores and presents upon request; SC normally expires this identifier after a session, but uses persistent cookies to control the display of advertising on the SC websites, to analyze the use of the SC websites and to personalize the SC websites. Permanent cookies can be automatically deleted, restricted or blocked completely using appropriate settings in the browser (more on this here for Internet Explorer, Firefox, Safari, Chrome and/or other browsers). This does not restrict the use of the SC websites.

However, if the temporary cookies (session cookies) are also prevented, the use of the SC websites may be impaired. If a user allows cookies, SC assumes that they agree to their use.

8. Linking to Third Party Services
SC can use the services of third parties to process the data.

8.1 Google Analytics
SC may use Google Analytics on the SC websites.

Google Analytics is a web analysis service provided by Google Inc. based in Mountain View, California, USA (hereinafter “Google”). Google Analytics uses text files (hereinafter “Google cookies”) which are stored on the user’s computer and which enable analysis of the use of the SC websites.

The information generated by the Google cookies about the use of the SC websites is usually transmitted to a Google server in the USA and stored there. However, if IP anonymization is activated on the SC websites, the user's IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of SC, Google can use this information to evaluate the use of the SC websites, to compile reports on website activity and to provide other services related to the use of the SC websites and internet usage. The IP address transmitted by the user's browser as part of Google Analytics is not merged with other Google data. The storage of Google cookies can be prevented by setting the browser software accordingly. If the storage of Google cookies is prevented by the user, the user may not be able to fully use all functions of the SC websites. The user can also prevent Google from collecting the data generated by Google cookies and relating to the use of the SC websites (including your IP address) and from processing this data by using the following link Download and install the available browser plugin:

http://tools.google.com/dlpage/gaoptout

An opt-out cookie is set to prevent future collection of data when visiting the SC websites

Further information on terms of use and data protection can be found under the Google Analytics terms and conditions or under the Google Analytics overview, available at: https://support.google.com/analytics/#topic=10737980

8.2 reCAPTCHA
To protect user requests via internet forms, SC uses the reCAPTCHA service from Google. The query is used to distinguish whether the entry was made by a human or improperly through automated, machine processing. The query includes sending the IP address and any other data required by Google for the reCAPTCHA service to Google. For this purpose, the user's input is transmitted to Google and further used there. However, Google will shorten the user's IP address beforehand within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of SC, Google will use this information to evaluate the use of this service. The IP address transmitted by the user's browser as part of reCaptcha is not merged with other Google data. Google’s different data protection regulations apply to this data.

Further information about Google's privacy policy can be found at: https://www.google.com/intl/de/policies/privacy/

8.3 Hotjar
SC uses Hotjar's service to improve user experience. Hotjar Ltd. Hotjar Ltd. is a European company based in Malta (Hotjar Ltd, Level 2, St Julians Business Centre, 3, Elia Zammit Street, St Julians STJ 1000, Malta, Europe). Mouse clicks as well as mouse and scroll movements can be recorded. Keystrokes made on this website can also be recorded. Personalized information is not included. Hotjar uses a tracking code to collect and transmit your data. As soon as the user visits one of the SC websites, the Hotjar tracking code automatically collects the data based on this activity and stores it on the Hotjar servers (located in Ireland). In addition, the cookies placed by the website on the user's computer or the user's end device also collect data. Further information on how Hotjar works can be found on the following website: https://www.hotjar.com/privacy.

An objection to the collection of data by Hotjar (opt-out) can be raised at the following link: https://www.hotjar.com/opt-out .

8.4 Facebook
SC uses functions from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. When you access the SC websites with a Facebook plug-in, a connection is established between the user's browser and the Facebook servers. Data is already being transferred to Facebook. If users have a Facebook account, this data can be linked to it. If you do not want this data to be assigned to a Facebook account, the user must log out of Facebook before visiting the SC websites. Interactions, in particular the use of a comment function or clicking a “Like” or “Share” button, are also passed on to Facebook.

Further information is available at: https://de-de.facebook.com/about/privacy .

8.5 Twitter
The SC websites use functions from Twitter, Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA. When SC websites with a Twitter plug-in are accessed, a connection is established between the user's browser and Twitter's servers. Data is already being transferred to Twitter. If users have a Twitter account, this data can be linked to it. If you do not want this data to be assigned to a Twitter account, the user must log out of Twitter before visiting the SC websites. Interactions, in particular clicking on a “Re-Tweet” button, are also passed on to Twitter.

Further information is available at: https://twitter.com/privacy .

8.6 Instagram
Functions of the Instagram service are integrated into the SC websites. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If users are logged into their Instagram account, they can link the content of the SC websites to their Instagram profile by clicking on the Instagram button. This allows Instagram to assign the visit to the SC websites to the user account. SC points out that SC, as the provider of the pages, has and/or does not have any knowledge of the content of the transmitted data or its use by Instagram.

Further information is available at: http://instagram.com/about/legal/privacy/

8.7 LinkedIn
The SC websites use functions of the LinkedIn network. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Every time the SC websites that contain LinkedIn functions are accessed, a connection is established to LinkedIn servers. LinkedIn is informed that users have visited the SC websites with your IP address. If users click on LinkedIn's “Recommend button” and are logged into their LinkedIn account, LinkedIn is able to assign the visit to the SC websites to the users and their respective user accounts. SC points out that SC, as the provider of the pages, has and/or does not have any knowledge of the content of the transmitted data or its use by LinkedIn.

Further information is available at: https://www.linkedin.com/legal/privacy-policy

8.8 Pinterest
The SC websites use social plugins from the Pinterest social network, which is operated by Pinterest Inc., 808 Brannan Street San Francisco, CA 94103-490, USA (“Pinterest”). When users access an SC website that contains such a plugin, the browser establishes a direct connection to Pinterest's servers. The plugin transmits log data to Pinterest’s server in the USA. This log data may contain the IP address of the user, the address of the websites visited that also contain Pinterest functions, the type and settings of the browser, the date and time of the request, as well as how Pinterest is used and cookies.

Further information on the purpose, scope and further processing and use of data by Pinterest as well as the related rights and options for protecting privacy can be found at: https://policy.pinterest.com/en/privacy-policy

8.9 SoundCloud
Plugins from the social network SoundCloud (SoundCloud Limited, Berners House, 47-48 Berners Street, London W1T 3NF, Great Britain.) may be integrated on the SC websites.

When you visit an SC website, a direct connection is established between the browser and the SoundCloud server after activating the plugin. SoundCloud thereby receives the information that the users have visited the corresponding SC website with their IP address. If users click the “Like Button” or “Share Button” while logged into their SoundCloud user account, the content of the SC websites can be linked and/or shared with the user's respective SoundCloud profile. This allows SoundCloud to assign a visit to an SC website to the user account. If you do not want this data to be assigned to a SoundCloud account, the user must log out of SoundCloud before visiting the SC websites

SC points out that SC, as the provider of the SC websites, has and/or does not have any knowledge of the content of the transmitted data or its use by SoundCloud.

Further information is available: https://soundcloud.com/pages/privacy .

8.10 Tumblr
The SC websites use buttons from the Tumblr service. The provider is Tumblr, Inc., 35 East 21st St, 10th Floor, New York, NY 10010, USA. These buttons allow users to share a post or page on Tumblr or to follow the provider on Tumblr. When users access an SC website with a Tumblr button, the browser establishes a direct connection to Tumblr's servers. SC has no influence on the amount of data that Tumblr collects and transmits using this plugin. According to the current status, the user's IP address and the URL of the respective website are transmitted.

Further information is available at: https://www.tumblr.com/policy/de/privacy.

8.11 Adobe Typekit
SC uses Adobe Typekit for the visual design of the SC websites. Typekit is a service of Adobe Systems Software Ireland Ltd. grants the SC access to a font library. In order to integrate the fonts used by SC, the user's browser must establish a connection to an Adobe server in the USA and download the font required for the SC website. Adobe thereby receives the information that the SC website was accessed from the user's IP address.

Further information is available: www.adobe.com/ch_de/privacy/policies/typekit.html

8.12 TikTok
This website uses functions from TikTok (conversion tracking with TikTok Pixel). The responsible party for users from the EEA and Switzerland is: TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, DO2 T380, Ireland.

Further information is available: https://www.tiktok.com/de/privacy-policy

9. User rights
The rights of users when processing data by SC arise from the relevant legal Swiss and, if applicable, foreign regulations.

The exercise of such rights requires that the identity of the data subject is clearly proven. SC reserves the right to impose statutory limitations on the rights set forth herein.

9.1 Right to information
Anyone can request information from SC as to whether data about him/her is being processed. SC informs him/her of the following:

• all data available about him/her in the data collection, including available information about the origin of the data;
• the purpose and, if applicable, the legal basis for processing as well as the categories of data processed, those involved in the collection and the data recipients.

SC reserves the right to invoice the user for the costs incurred in the event of more extensive inquiries.

9.2 Personal Data
Personal data means data containing information relating to an identified or identifiable person and any information relating to an identified or identifiable natural person; A natural person is considered to be identifiable if he or she can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more special features that express the physical , physiological, genetic, psychological, economic, cultural or social identity of that natural person.

When processing personal data by SC, users have the following additional, non-exhaustive rights:

• The right to free information about the personal data stored about the user, as well as the right to receive a copy of this information;
• The right to immediate correction of inaccurate personal data concerning the user and, if necessary, to request the completion of incomplete personal data by means of a supplementary statement.
• The right to immediate deletion of personal data relating to the user, provided that the personal data is no longer necessary for the purposes for which it was collected or otherwise processed, the user's consent has been withdrawn by the user, the processing does not apply legal basis, the user has lodged an objection and there are no overriding legitimate reasons for the processing and/or the processing is carried out unlawfully.

Further user rights arise from the mandatory standards of Swiss and, if relevant, foreign law.

To exercise the aforementioned rights, the user must contact SC directly and in writing.

The deletion of certain data may result in SC no longer being able to provide its services. In this case, SC is authorized to immediately terminate the business relationship with the user or to stop providing certain services, regardless of other contractual agreements. The User acknowledges that the discontinuation of certain services by SC does not constitute a breach of SC's contract and/or does not release the User from its financial obligations.

10. Social media
SC can use the offerings of social media platforms and social media channels and operate there itself, offer and/or advertise its SC services there or come into contact with third parties and (potential) users there. The General Terms and Conditions (GTC) and data protection declarations of the individual social media platforms and social media channels as well as their operators apply. SC assumes no liability for the content exchanged from the social media platforms and social media channels.

11. Advertising
SC promotes the SC services and SC websites online and offline. SC can use the services of third parties and process or have data processed directly or indirectly.

12. Consent
Users explicitly and expressly agree that SC may process the data as stated in this privacy policy and terms of use.

Every user has the right to revoke their consent at any time. The revocation of consent does not affect the lawfulness of the processing of data based on the consent up to the revocation.

The revocation of consent authorizes SC to immediately terminate the business relationship with the user or to stop providing certain services, regardless of other contractual agreements. The User acknowledges that the discontinuation of certain services by SC does not constitute a breach of SC's contract and/or does not release the User from its financial obligations.

13. Terms of Use for SC Services
The following terms of use apply to the paid and free use of the SC services. By using SC services, users fully accept this data protection declaration and terms of use.

If individual provisions of this data protection declaration and terms of use are ineffective or void, the validity of the remaining provisions will not be affected. An ineffective or void provision must be replaced by a legally permissible provision that comes closest to the original economic purpose.

The SC services are generally only offered to capable, adult natural persons residing in Switzerland. SC can exclude the use of SC services for certain persons at any time without giving reasons, in particular but not exclusively for persons with an economic/employment relationship with SC and/or the associated companies and agencies, automated websites and services, as well as for commercial or professional persons User.

The user data collected when using SC services is made available to third parties for further use and for the purpose of contacting users and for the purpose of advertising to users by third parties. By using SC services, users expressly agree to this transfer of their data. Users have the option at any time to refuse to pass on their data to third parties, while continuing to use SC services.

In the event of untrue information or a violation of this data protection declaration and terms of use by users, SC reserves the right to exclude users from using SC services, whether paid or free of charge, at any time. SC also reserves the right to sue for damages caused to it.

14. Disclaimer of Liability
SC expressly excludes – to the extent legally possible – any liability for SC services and for other damages arising from its business activities. SC assumes no liability for the use of SC services.

In particular, SC is not liable for direct and/or indirect damages or consequential damages incurred by users based on the data processed by SC by third parties. SC excludes any liability for the contact and provision of information, newsletters and applications to users by third parties based on the data processed by SC.

SC is not liable for links to the SC websites, the SC services or other information attributable to SC by third parties on social media platforms and social media channels, on third-party websites or on other public and/or private platforms and channels . Furthermore, SC is not liable for the handling and use of the SC services and the SC websites by third parties.

15. Update
This data protection declaration and terms of use June 20, 2023 can be adjusted at any time and without prior notice. The current one on the website applies https://www.kidz.ch/Datenschutz published version.

SC reserves the right to supplement this data protection declaration and terms of use with additional data protection declarations in individual cases.

16. Severability clause
Should a provision of this data protection declaration and terms of use or the content of a supplement integrated into this data protection declaration and terms of use be or become invalid, the validity of this data protection declaration and terms of use will not be affected.

The invalid provision will be replaced by an effective provision that comes as close as possible to the intended economic purpose of the invalid provision.

17. Applicable Law and Place of Jurisdiction
For disputes arising from this data protection policy or for disputes relating to data, Swiss law applies to the extent legally possible, excluding conflict of law provisions.

To the extent legally possible, the courts at the registered office of SC will have jurisdiction over any disputes arising from this Privacy Policy or any disputes relating to the data.

18. Variety
Questions, comments, suggestions or criticism regarding the processing of data are welcome and desired at SC.

Users can submit requests for information, corrections and deletion in writing to the above postal address (with a copy of their ID for secure identification).