We process personal data (hereinafter generally referred to as “data”) only to the extent necessary and for the purpose of providing a functional and user-friendly website, including its content and the services offered there.
Pursuant to Article 4(1) of Regulation (EU) 2016/679, i.e., the General Data Protection Regulation (hereinafter referred to as the “GDPR”), “processing” means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
In the following Privacy Policy, we provide you with information—in particular—regarding the nature, scope, purpose, duration, and legal basis of the processing of personal data, to the extent that we determine the purposes and means of such processing either alone or jointly with others. In addition, we provide information below regarding the third-party components we use for optimization purposes and to enhance the user experience, to the extent that third parties process data in this context under their own responsibility.
Our Privacy Policy is organized as follows:
I. Information About Us as the Data Controller
II. Rights of Users and Data Subjects
III. Information on Data Processing
I. Information About Us as the Data Controller
The entity responsible for this website under data protection law is:
Ekay GmbH
Thunstrasse 8, 3005 Bern / Switzerland
Phone: +41 31 561 90 90
II. Rights of Users and Data Subjects
With regard to the data processing described in more detail below, users and data subjects have the right to
the right to confirmation as to whether data concerning them is being processed, the right to access the processed data, the right to further information about the data processing, and the right to receive copies of the data (see also Art. 15 of the GDPR);
the right to have inaccurate or incomplete data corrected or completed (see also Art. 16 of the GDPR);
to have the data concerning them erased without delay (see also Art. 17 of the GDPR), or, alternatively, to the extent that further processing is necessary pursuant to Art. 17(3) of the GDPR, to have the processing restricted in accordance with Art. 18 of the GDPR;
the right to receive the data concerning them that they have provided and to have that data transmitted to other providers/data controllers (see also Art. 20 of the GDPR);
to file a complaint with the supervisory authority if they believe that the provider is processing their personal data in violation of data protection regulations (see also Art. 77 of the GDPR).
In addition, the provider is obligated to inform all recipients to whom the provider has disclosed data of any rectification or erasure of data or restriction of processing carried out pursuant to Articles 16, 17(1), and 18 of the GDPR. However, this obligation does not apply if such notification is impossible or would involve a disproportionate effort. Notwithstanding the foregoing, the user has the right to obtain information about these recipients.
Furthermore, under Article 21 of the GDPR, users and data subjects have the right to object to the future processing of data concerning them, provided that the data is processed by the provider in accordance with Article 6(1)(f) of the GDPR. In particular, an objection to data processing for the purposes of direct marketing is permitted.
III. Information on Data Processing
The data processed when you use our website will be deleted or blocked as soon as the purpose for which it was stored no longer applies, provided that no legal retention requirements prevent the deletion of the data and no other information regarding specific processing procedures is provided below.
Server Data
For technical reasons—in particular to ensure a secure and stable website—data is transmitted by your web browser to us or to our web hosting provider. These so-called server log files record, among other things, the type and version of your web browser, the operating system, the website from which you navigated to our website (referrer URL), the page(s) on our website that you visit, the date and time of each visit, and the IP address of the Internet connection from which our website is accessed.
The data collected in this manner is stored temporarily, but not together with any other data you have provided.
This data is stored on the legal basis of Article 6(1)(f) of the GDPR. Our legitimate interest lies in improving the stability, functionality, and security of our website.
The data will be deleted no later than seven days after collection, unless further retention is necessary for evidentiary purposes. Otherwise, the data will be exempt from deletion, in whole or in part, until the incident has been fully resolved.
Newsletters and Marketing Information
By registering for our tutoring services, courses, or other educational services, customers consent, in accordance with Article 6(1)(a) of the GDPR, to receive information about our offerings, courses, and news via email (newsletters/marketing information). The personal data collected during the course registration process (in particular, name and email address) will be stored for this purpose and used to send newsletters and marketing information. This consent may be revoked at any time with future effect, e.g., by sending an informal email.
Cookies
a) Session Cookies
We use so-called cookies on our website. Cookies are small text files or other storage technologies that are placed and stored on your device by the web browser you are using. These cookies process certain information about you on an individual basis, such as your browser or location data, or your IP address.
This processing makes our website more user-friendly, effective, and secure, as it enables, for example, the display of our website in different languages or the provision of a shopping cart feature.
The legal basis for this processing is Article 6(1)(b) of the GDPR, provided that these cookies process data for the purpose of entering into or fulfilling a contract.
If the processing is not for the purpose of entering into or fulfilling a contract, our legitimate interest lies in improving the functionality of our website. The legal basis in such cases is Article 6(1)(f) of the GDPR.
These session cookies will be deleted when you close your web browser.
b) Third-party cookies
Where applicable, our website may also use cookies from partner companies with which we collaborate for the purposes of advertising, analysis, or to provide functionality on our website.
For details on this matter—in particular regarding the purposes and legal bases for processing such third-party cookies—please refer to the information below.
c) Disposal options
You can prevent or restrict the installation of cookies by adjusting your web browser settings. You can also delete cookies that have already been stored at any time. However, the steps and measures required to do so depend on the specific web browser you are using. If you have any questions, please use your web browser’s help function or documentation, or contact its manufacturer or support team. In the case of so-called Flash cookies, however, processing cannot be prevented via your browser settings. Instead, you must change the settings of your Flash Player. The steps and measures required for this also depend on the specific Flash Player you are using. If you have any questions, please consult the help function or documentation for your Flash Player, or contact the manufacturer or user support.
However, if you block or restrict the installation of cookies, this may prevent you from fully using all the features of our website.
Contract Processing
The data you provide in order to use our products and/or services will be processed by us for the purpose of contract fulfillment and is necessary for that purpose. It is not possible to enter into or fulfill a contract without you providing your data.
The legal basis for the processing is Article 6(1)(b) of the GDPR.
We delete the data once the contract has been fully processed, but we must comply with the retention periods required by tax and commercial law.
As part of the order fulfillment process, we share your data with the shipping company responsible for delivering the goods or with the financial service provider, to the extent that such sharing is necessary for the delivery of the goods or for payment purposes.
The legal basis for the transfer of the data is then Article 6(1)(b) of the GDPR.
Customer Account / Registration Feature
If you create a customer account with us through our website, we will use the data you provide during registration (such as your name, address, or email address) solely for pre-contractual services, for the fulfillment of the contract, or for customer service purposes (e.g., to provide you with an overview of your previous orders with us or to offer you the “wish list” feature). At the same time, we will store your IP address, as well as the date and time of your registration. Of course, this data will not be disclosed to third parties.
As part of the rest of the registration process, we will obtain your consent to this processing and refer you to this Privacy Policy. The data we collect during this process will be used exclusively to set up your customer account.
To the extent that you consent to this processing, Article 6(1)(a) of the GDPR serves as the legal basis for the processing.
If the opening of the customer account also serves the purpose of pre-contractual measures or the performance of the contract, the legal basis for this processing is also Article 6(1)(b) of the GDPR.
You may revoke the consent you have given us to open and maintain your customer account at any time, with future effect, in accordance with Article 7(3) of the GDPR. To do so, you simply need to notify us of your revocation.
The data collected for this purpose will be deleted as soon as processing is no longer necessary. However, we must comply with retention periods under tax and commercial law.
Contact Requests / How to Contact Us
If you contact us via the contact form or by email, the information you provide will be used to process your inquiry. Providing this information is necessary for us to process and respond to your inquiry—without it, we will be unable to respond to your inquiry, or our response may be limited.
The legal basis for this processing is Article 6(1)(b) of the GDPR.
Your data will be deleted once your inquiry has been fully resolved and provided that no legal retention requirements prevent its deletion, such as in the case of any subsequent contract fulfillment.
User posts, comments, and reviews
We invite you to post questions, answers, opinions, or reviews—hereinafter referred to simply as “contributions”—on our website. If you take advantage of this offer, we will process and publish your contribution, the date and time of submission, and any pseudonym you may have used.
The legal basis for this is Article 6(1)(a) of the GDPR. You may withdraw your consent at any time with future effect in accordance with Article 7(3) of the GDPR. To do so, you simply need to notify us of your withdrawal.
In addition, we also process your IP address and email address. We process your IP address because we have a legitimate interest in taking or supporting further action if your post infringes on the rights of third parties and/or is otherwise unlawful.
The legal basis in this case is Article 6(1)(f) of the GDPR. Our legitimate interest lies in the defense of our legal rights, should it become necessary.
Subscribe to Posts
If you publish posts on our website, we also offer you the option to subscribe to any follow-up posts by third parties. In order to notify you of these follow-up posts via email, we process your email address.
The legal basis for this is Article 6(1)(a) of the GDPR. You may revoke your consent to this subscription at any time with future effect, in accordance with Article 7(3) of the GDPR. To do so, simply notify us of your revocation or click the unsubscribe link included in the respective email.
Google Analytics
We use Google Analytics on our website. This is a web analytics service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, hereinafter referred to simply as “Google.”
Through certification under the EU-U.S. Privacy Shield
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Google guarantees that EU data protection requirements will be met even when data is processed in the United States.
Google Analytics is used to analyze user behavior on our website. The legal basis is Article 6(1)(f) of the GDPR. Our legitimate interest lies in the analysis, optimization, and efficient operation of our website.
Usage and user-related information, such as IP address, location, time, or frequency of visits to our website, is transmitted to a Google server in the United States and stored there. However, we use Google Analytics with the so-called anonymization feature. With this feature, Google truncates the IP address while it is still within the EU or the EEA.
The data collected in this way is then used by Google to provide us with an analysis of visits to our website and user activity on it. This data may also be used to provide additional services related to the use of our website and the Internet.
Google states that it does not associate your IP address with any other data. In addition, Google states under
https://www.google.com/intl/de/policies/privacy/partners
We have additional information on data protection available for you, including, for example, information on how to prevent the use of your data.
In addition, Google offers under
https://tools.google.com/dlpage/gaoptout?hl=de
a so-called opt-out add-on, along with further information on this topic. This add-on can be installed with all common web browsers and gives you greater control over the data that Google collects when you visit our website. The add-on instructs the Google Analytics JavaScript (ga.js) not to transmit information about your visit to our website to Google Analytics. However, this does not prevent information from being transmitted to us or to other web analytics services. You can, of course, also find out in this Privacy Policy whether we use any other web analytics services and, if so, which ones.
Google Maps
On our website, we use Google Maps to display our location and provide directions. This is a service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, hereinafter referred to simply as “Google.”
Through certification under the EU-U.S. Privacy Shield
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Google guarantees that EU data protection requirements will be met even when data is processed in the United States.
To enable the display of certain fonts on our website, a connection to the Google server in the United States is established when you visit our website.
When you access the Google Maps feature embedded on our website, Google stores a cookie on your device via your web browser. Your user settings and data are processed in order to display our location and generate directions. We cannot rule out the possibility that Google uses servers in the United States for this purpose.
The legal basis is Article 6(1)(f) of the GDPR. Our legitimate interest lies in optimizing the functionality of our website.
Through the connection to Google established in this way, Google can determine from which website your request was sent and to which IP address the directions should be sent.
If you do not consent to this processing, you can prevent cookies from being installed by adjusting the settings in your web browser. For more details, see the “Cookies” section above.
In addition, the use of Google Maps and the information obtained through Google Maps is governed by Google's Terms of Service (https://policies.google.com/terms?gl=DE&hl=de) and the Google Maps Terms of Service (https://www.google.com/intl/de_de/help/terms_maps.html).
In addition, Google offers under
https://adssettings.google.com/authenticated
https://policies.google.com/privacy
Further information.
"Facebook" Social Plugin
We use the Facebook social network plug-in on our website. Facebook is an online service provided by Facebook, Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. In the EU, this service is operated by Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland; both are hereinafter referred to as “Facebook.”
Through certification under the EU-U.S. Privacy Shield
https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active
Facebook guarantees that EU data protection requirements will be complied with even when data is processed in the United States.
The legal basis is Article 6(1)(f) of the GDPR. Our legitimate interest lies in improving the quality of our website.
Facebook provides further information about the available plug-ins and their respective functions at
https://developers.facebook.com/docs/plugins/
ready for you.
If the plug-in is embedded on one of the pages of our website that you visit, your web browser will download a version of the plug-in from Facebook’s servers in the United States. For technical reasons, this requires Facebook to process your IP address. In addition, the date and time of your visit to our website are also recorded.
If you are logged into Facebook while visiting one of our websites that uses the plugin, Facebook will recognize the information collected by the plugin regarding your specific visit. Facebook may associate the information collected in this way with your personal user account on Facebook. For example, if you use Facebook’s “Like” button, this information will be stored in your Facebook user account and may be published via the Facebook platform. If you wish to prevent this, you must either log out of Facebook before visiting our website or use a browser add-on to block the Facebook plugin from loading.
Facebook provides further information about the collection and use of data, as well as your rights and options for protection in this regard, at the links below:
https://www.facebook.com/policy.php
available in the privacy policy.
YouTube
We use YouTube on our website. YouTube is a video portal operated by YouTube LLC, 901 Cherry Ave., 94066 San Bruno, CA, USA, hereinafter referred to simply as “YouTube.”
YouTube is a subsidiary of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, hereinafter referred to simply as “Google.”
Through certification under the EU-U.S. Privacy Shield
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Google—and thus its subsidiary YouTube—guarantees that EU data protection requirements will be complied with even when data is processed in the United States.
We use YouTube in conjunction with the “Enhanced Privacy Mode” feature to display videos to you. The legal basis for this is Article 6(1)(f) of the GDPR. Our legitimate interest lies in improving the quality of our website. According to YouTube, the “Enhanced Privacy Mode” feature ensures that the data described in more detail below is only transmitted to YouTube’s server if you actually start playing a video.
Without this “Enhanced Privacy” setting, a connection to YouTube’s server in the United States is established as soon as you visit one of our web pages that has a YouTube video embedded on it.
This connection is necessary to display the video on our website through your web browser. In the process, YouTube will collect and process at least your IP address, the date and time, and the website you are visiting. In addition, a connection is established with Google’s “DoubleClick” advertising network.
If you are logged in to YouTube at the same time, YouTube will associate the connection information with your YouTube account. If you wish to prevent this, you must either log out of YouTube before visiting our website or adjust the relevant settings in your YouTube account.
For the purposes of functionality and to analyze user behavior, YouTube permanently stores cookies on your device via your web browser. If you do not consent to this processing, you can prevent cookies from being stored by adjusting the settings in your web browser. For more information, see the “Cookies” section above.
Google provides further information about the collection and use of data, as well as your rights and options for protection in this regard, at the links below:
https://policies.google.com/privacy
available in the privacy policy.
Google Remarketing or Google's "Similar Audiences" feature
We use the remarketing or “Similar Audiences” feature on our website. This is a service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, hereinafter referred to simply as “Google.”
Through certification under the EU-U.S. Privacy Shield
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Google guarantees that EU data protection requirements will be met even when data is processed in the United States.
We use this feature to display interest-based, personalized ads on third-party websites that are also part of Google's advertising network.
The legal basis is Article 6(1)(f) of the GDPR. Our legitimate interest lies in the analysis, optimization, and efficient operation of our website.
To enable this advertising service, Google stores a cookie containing a string of numbers on your device via your web browser while you are visiting our website. This cookie tracks both your visit and your use of our website in an anonymized form. However, no personal data is shared in this process. If you subsequently visit a third-party website that also uses Google’s advertising network, you may see ads related to our website or the offers available there.
To permanently disable this feature, Google provides tools for the most popular web browsers via
https://www.google.com/settings/ads/plugin
a browser plugin.
Similarly, the use of cookies from certain providers, for example via
http://www.youronlinechoices.com/uk/your-ad-choices
or
http://www.networkadvertising.org/choices/
can be disabled via opt-out.
Through what is known as cross-device marketing, Google may be able to track your usage behavior across multiple devices, which means you may see interest-based, personalized ads even when you switch devices. However, this requires that you have consented to linking your browsing history to your existing Google Account.
Google provides more information about Google Remarketing at
http://www.google.com/privacy/ads/
to.
Online Job Applications / Posting Job Listings
We offer you the opportunity to apply for a position with us through our website. When you submit a digital application, we collect and process your applicant information and application data electronically to manage the application process.
The legal basis for this processing is Section 26(1), sentence 1, of the BDSG in conjunction with Article 88(1) of the GDPR.
If an employment contract is concluded following the application process, we will store the data you provided during the application process in your personnel file for the purposes of standard organizational and administrative procedures—while, of course, complying with all applicable legal obligations.
The legal basis for this processing is also Section 26(1), sentence 1, of the BDSG in conjunction with Article 88(1) of the GDPR.
If an application is rejected, we automatically delete the data provided to us two months after notification of the rejection. However, the data will not be deleted if legal provisions—such as the obligation to provide evidence under the AGG—require it to be retained for a longer period of up to four months or until the conclusion of legal proceedings.
The legal basis in this case is Article 6(1)(f) of the GDPR and Section 24(1)(2) of the BDSG. Our legitimate interest lies in the defense or enforcement of our legal rights.
If you expressly consent to the longer-term storage of your data—for example, for inclusion in a database of job applicants or prospective candidates—the data will be further processed based on your consent. The legal basis in this case is Article 6(1)(a) of the GDPR. However, you may, of course, revoke your consent at any time in accordance with Article 7(3) of the GDPR by notifying us, with effect for the future.
