Effective Date: October 16, 2018
We are delighted that you have shown interest in Nanolive SA (“Nanolive”, “we” or “us”) and in the www.nanolive.com website (including its subpages and its subdomains, the “Site”), owned and operated by Nanolive.
Data protection and privacy is of the utmost importance for us and we are committed to a very high level of transparency in relation to personal data (i.e. any information relating to an indentified or identifiable natural person, the “Personal Data”) we collect and process while you access and interact on the Site and use Nanolive’s services.
Our promise to you is that:
- as a responsible company, we do not use automatic decision-making or profiling; and
- any processing of Personal Data shall comply with the General Data Protection Regulation as well as applicable country-specific data protection regulations.
1.2. You are the data subject, i.e. in the data protection terminology, the identified or identifiable natural person, whose personal data is collected and processed by the controller responsible for the processing.
2. When and what information do we collect?
2.1. Use of our Site
2.1.1. Our Site collects a series of general data and information when you call up the Site. This general data and information are stored in the server log files. We may collect (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our Site (so-called referrers), (4) the date and time of access to the Site, (5) an Internet protocol address (IP address), (6) the Internet service provider of the accessing system, and (7) any other similar data and information that may be used in the event of attacks on our information technology systems.
2.1.2. When using these general data and information, we do not draw any conclusions about you. Rather, this information is needed to (1) deliver the content of our Site correctly, (2) optimize the content of our Site as well as its advertisement, (3) ensure the long-term viability of our information technology systems and Site technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. We analyze anonymously collected data and information statistically, with the aim of increasing our data protection and data security, and to ensure an optimal level of protection for the Personal Data we process. The anonymous data of the server log files are stored separately from all Personal Data provided by you.
2.1.3. You are welcome to visit our Site anonymously without providing your Personal Data. On your first visit to our Site, however, we request your consent to the placement of cookies on your device and to the monitoring of your user behavior in regard to our Site. In this way we are better able to understand how customers use our Site and can improve our Site’s product range and services, which will benefit you as a result in terms of a more tailored experience and targeted range of products. Where you have subscribed to our newsletter (see clause 2.2 below), we apply this user information too, so that you receive personalized communications that match your specific interests and preferences.
2.1.4. Where you do not agree with the approach set out above and prefer to remain completely anonymous, please use the available deactivation mechanisms to indicate that you do not give permission or that you withdraw such permission with future effect. In this case we will only capture certain anonymous data which is not directly related to your person. Thus, for example, we record the number of visitors to our Site, browsing patterns and areas of interest. We analyze this information so we can understand how our visitors use our Site and can interpret trends, statistics and the needs of our visitors. This enables us to improve our Site along with our customer service.
2.2. Registration on our Site
2.2.1. You have the possibility to register on our Site and provide us Personal Data. Which Personal Data are transmitted to us is determined by the respective input mask used for the registration. By registering on our Website, the IP address—assigned by the Internet service provider (ISP) and used by you, as well as the date and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this Personal Data is necessary for our security.
2.2.2. The registration, with the voluntary indication of Personal Data, is intended to enable us to offer you contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the Personal Data specified during the registration at any time, or to have them completely deleted from our data stock.
2.3.1. On our Site, you are given the opportunity to register for our newsletter. In the event that you are interested to receiving it, we will request your consent to the storage and processing of your name and your email address. We use such data solely for the purpose of sending you regular updates by email about our services and products. During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by you at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of your e-mail address at a later date, and it therefore serves the aim of our legal protection. As part of your registration we also obtain your consent to our personalizing the content of our newsletter in line with your needs and interests based on the data received from you and stored about you, such as your account information, order history or other information provided by you (including, for example, your participation in surveys). Where you have also given your consent to the placement of cookies and to the monitoring of your user behavior on our Site, we use data about your use of our Site so you can receive personalized messages in line with your specific interests and preferences.
2.3.2. Once you have registered for the newsletter you will receive a confirmation email with a link. You need to click on this to confirm your registration. This two-stage activation process helps us ensure that the owner of the email account consents to receiving our newsletter.
2.3.4. Our newsletter contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, we may see if and when an e-mail was opened, and which links in the e-mail were called up.
2.3.5. The Personal Data collected in the tracking pixels contained in the newsletters are stored and analyzed by us in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters. You are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted. We automatically regard a withdrawal from the receipt of the newsletter as a revocation.
2.4.1. Cookies are small text files that a website would like to place on your computer or other web-enabled devices such as tablets or smartphones. Where your browser settings accept cookies, your browser inserts the text in a small file. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited internet sites and servers to differentiate your individual browser from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.
2.4.4. You may, at any time, prevent the setting of cookies through our Site by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
2.4.5. When you view our Site, we request your consent to the placement of other cookies on your device by displaying a cookie banner to you (“Consent to cookies”). These cookies are not essential for the functioning and performance of our Site but they help us capture some of your Personal Data in relation to your user behavior on our Site so we can improve the products on offer on our Site and our services or send you more tailored information, including targeted offers.
2.4.6. The cookie banner tells you the main purposes of additional cookies and your options and where you can obtain further information. By continuing to use our website after the cookie banner has been displayed you declare your agreement to the approach described.
2.4.7. Most browsers are set by default to accept cookies. You have the option of changing your settings so that cookies are rejected on principle, cookies already stored on your device are deleted or you receive a warning prior to a cookie being stored. For more on how your can adapt or adjust your browser settings please consult your browser guide or see www.aboutcookies.org or www.allaboutcookies.org.
2.4.8. Where you do not accept any cookies this can adversely affect the operationality of the website and it may mean that some of our features and services on offer are unavailable to you.
2.4.9. Where you use different devices to access our website (e.g. smartphone, tablet, computer etc.) you need to ensure that each browser on each device is adjusted in line with your cookie preferences.
2.5. Google Analytics
2.5.2. As our data processor, Google uses this data to make it easier for us to analyze the use of our Site, to create reports about Site activities, and for other statistical and analytical services in relation to the use of our Site. The IP address sent by your browser within Google Analytics is not linked to other data managed by Google. You can prevent the capture of data generated by the cookie on your use of this Site (including your IP address) and deactivate monitoring by Google Analytics on all web pages by downloading and installing here a browser plugin.
3. For what purpose do we use your information?
3.1. We use the information that we collect to operate and maintain our Site and services and to respond to your questions and concerns. The legal basis is section 6(1)(f) of the EU General Data Protection Regulation (GDPR).
3.2. If the processing of your Personal Data is necessary for the performance of a contract to which you are party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide you any other service, the processing of your Personal Data is based on Article 6(1) lit. b GDPR
3.3. If you have given your consent, we use the information that we collect to send you marketing communications within or outside of our newsletter. The legal basis is section 6(1)(a) GDPR.
4. How are your Personal Data stored and shared?
4.1. We will not rent or sell your personally identifiable information to others.
4.2. Your data will be stored on servers in Switzerland. We may commission providers of cloud services based outside Switzerland and the EU, including in the United States of America (USA), to host and process your Personal Data for storage, communication and marketing purposes. As the laws in these countries may potentially not envisage the same level of data protection as is regarded as appropriate in Switzerland or the EU, we have taken the necessary steps to ensure that your personal data is properly handled and protected and to ensure that it is processed solely on our behalf and in accordance with our instructions.
4.3. Furthermore, Nanolive works together with external providers of technical services who are authorized to carry out services on our behalf and in accordance with our instructions. These organizations may be given access to your Personal Data but solely to the extent this is necessary for the use by you of our Site, including the performance of our services and/or the processing of your inquiries or orders. These service providers are not permitted to pass your Personal Data on to unauthorized third parties or use this for purposes other than as indicated. Some of these service providers may be based in countries outside Switzerland and the EU which do not provide the same level of data protection as in your home country. However, Nanolive has entered into appropriate agreements with these service providers to ensure that all necessary steps are taken for the protection of your Personal Data in accordance with the applicable requirements.
4.4. Any personally identifiable information you elect to make publicly available on our Site will be available to others. If you remove information that you have made public on our Site, copies may remain viewable in cached and archived pages of our Site, or if other users have copied or saved that information.
4.5. We display personal testimonials of satisfied customers on our Site in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at email@example.com.
4.6. Nanolive will disclose your personal information where required to do so by law, if subject to subpoena or other legal proceeding or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our terms of service or to protect the security or integrity of our services; and/or (c) to exercise or protect the rights, property, or personal safety of Nanolive, our users or others.
5. How long are your Personal Data stored?
5.1. The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding Personal Data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
6. How are your Personal Data protected?
6.1. At Nanolive, we are concerned with protecting your privacy and Personal Data and we have implemented numerous appropriate industry standard technical, physical and organizational measures to ensure the most complete protection of Personal Data processed through the Site against unauthorized sharing, unauthorized access, corruption, misuse and against accidental or wrongful erasure. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, you are free to transfer Personal Data to us via alternative means, e.g. by telephone.
6.2. In the event that personal information is compromised as a breach of security, we will promptly notify you in compliance with applicable law.
7. What are your rights?
7.1. Data protection law gives you a range of rights in connection with the processing of your Personal Data. In this regard, you have the right to:
- request confirmation as to whether we are processing any of your Personal Data and, as the case may be, request information and/or a copy of such Personal Data, including the right to know whether your Personal Data are transferred abroad;
- request that we rectify or delete the Personal Data or restrict the processing of your Personal Data, if you think they are inaccurate or wish to be forgotten;
- object against the processing based on our legitimate interests as a legal basis. In such case, we are required to assess and act on your request;
- withdraw at any time with future effect all consents given by you in the past;
- data portability if it should become relevant; and
- lodge a complaint with your local supervisory authority. The contact information of the Swiss Data Protection Agency is :
7.2. If you would like to review, correct, update or delete inaccuracies to the information about you that Nanolive keeps on file, you can contact us directly at firstname.lastname@example.org. We will acknowledge your request within seventy-two (72) hours and handle it promptly .
8. What else should I know about my Personal Data?
- YouTube. This website also contains videos provided by YouTube LLC (“YouTube”). The use of YouTube services requires a connection to YouTube’s servers in the USA. Certain data is sent to YouTube during this process. The capture, storage and use of your data via YouTube is not controlled by Nanolive and Nanolive has no access to the captured data. Please read YouTube’s data protection policy carefully before using YouTube features. You can find further information on the capture and use of your data by YouTube and on your rights in this regard in the YouTube data protection policy at youtube.com.
- Vimeo. This website also contains videos provided by Vimeo Inc (“Vimeo”). The use of Vimeo services requires a connection to Vimeo’s servers in the USA. Certain data is sent to Vimeo during this process. The capture, storage and use of your data via Vimeo is not controlled by Nanolive and Nanolive has no access to the captured data. Please read Vimeo’s data protection policy carefully before using Vimeo features. You can find further information on the capture and use of your data by Vimeo and on your rights in this regard in the Vimeo data protection policy at vimeo.com.
- Surveys: We may occasionally carry out surveys via the Site. Unless indicated otherwise, the Personal Data sent by you for your participation in these surveys will only be captured, processed or used to the extent this is required in order to carry out the relevant survey or competition. Prior to your participation we will inform you which Personal Data we capture and how we wish to use the captured data.