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privacy policy max x promo by maxXsolutions ag

This privacy policy describes the collection and further processing of personal data by maxXsolutions ag, as far as they are not covered by other privacy policies or result from the circumstances or are provided for by applicable law. The term "personal data" includes all information about an identified or identifiable person.

This privacy policy describes in section A. the processing of personal data by maxXsolutions ag in general. Section B. contains special provisions for specific applications (e.g. online store, newsletter, and banner advertising).

If you provide maxXsolutions ag with personal data of other persons, e.g.. data about the recipient of a gift, please only provide maxXsolutions ag with the recipient's personal data if you are entitled to do so in accordance with the applicable data protection laws and if the other person agrees to you providing maxXsolutions ag with his or her personal data for the purposes of data collection and the processing of the recipient's personal data in accordance with this data protection declaration.

A. General

1. responsible body

For each website (including online stores and mini-sites for special offers), each presence in social media, multimedia portals, chatbots and each app of maxXsolutions ag (hereinafter "WEBSITE"), maxXsolutions ag shall be deemed to be the responsible party with regard to the collection of personal data in accordance with the Swiss Data Protection Act.

2. processing of personal data

maxXsolutions ag collects and processes personal data from:

  • Users of their WEBSITES who are registered with maxXsolutions ag,
  • Persons who purchase and use products and services from maxXsolutions ag,
  • potential or actual interested parties in products and services of maxXsolutions ag,
  • Receivers of newsletters from maxXsolutions ag,
  • Participants in research campaigns or opinion surveys conducted by maxXsolutions ag,
  • Participants in events (co-)organized by maxXsolutions ag or other events and
  • People who use customer loyalty programs from maxXsolutions ag

(hereinafter collectively "CUSTOMERS").

The personal data of the CUSTOMER is usually collected directly by maxXsolutions ag in the context of the use of the WEB SITE, at events of maxXsolutions ag or during direct communication via e-mail or telephone as well as in other ways. However, personal data may also be collected indirectly, such as when maxXsolutions ag requests third parties to act as processors, e.g. maxXsolutions ag PARTNERS (defined below, including wholesalers, distributors, retailers, suppliers, and other business partners such as Customer Service Vendors), even if the Customer making the purchase is different from the person benefiting from the purchase or if the purchase is sent to another person (e.g., as a gift), based on the recommendation of a third party (e.g., recommendation by family or friends of the CUSTOMER) or by further obtaining additional information from third party data sources (e.g., social media).

maxXsolutions ag processes in particular the following categories of personal data:

  • Personal and contact information such as first and last name, address, city, telephone number, email address, age, date of birth, gender.
  • Order and purchase information, including but not limited to payment information, credit card and other payment information, billing and shipping address, products and services ordered and purchased, information related to inquiries, complaints and disagreements regarding products and services or related contracts, such as warranty claims, customer service, repairs, customer support and services, returns, etc.;
  • Data related to product and service marketing including, but not limited to, information such as newsletter opt-ins and opt-outs, documents received, invitations and participation in events and special promotions, personal preferences and interests, customer segmentation information, etc.;
  • Data about the use of the WEBSITE, including but not limited to IP address and other identifiers (e.g. username of social media sites, MAC address of smartphones or computers, cookies), date and time of visits to the WEBSITE, pages and content visited, referring websites, etc.;
  • Data related to communication such as preferred means of communication, correspondence and communication with maxXsolutions ag (including records of communication) etc.;
  • Data collected from registered users, such as access codes (including passwords), preferred language, date and duration of the user account, payment information of the customer or a potential third party, information about the recipient of a gift, number of visits to the WEBSEITE, purchase history, purchased products, etc.. (all WEB SITE accounts, activities and events for which the CUSTOMER has to register with his personal data and thus conclude a contract with maxXsolutions ag are considered as an account in the sense of this policy)

(hereinafter collectively "CUSTOMER DATA").

In addition, maxXsolutions ag collects:

  • Data of users of the WEBSITE, which do not register with maxXsolutions ag (VISITOR), but which may constitute personal data e.g. on social media (VISITOR DATA) may represent; the provisions of the notice on data collected from a CUSTOMER in connection with the use of the WEBSITE apply accordingly, even if the identification of a VISITOR for maxXsolutions ag is usually not possible;
  • Information about employees and contacts of partners and distributors, retailers, suppliers and other business partners of maxXsolutions ag (hereinafter referred to as PARTNER, their data as PARTNER DATA) such as. Contact data, information about their function, information about previous contact with these persons, data about marketing activities (e.g. receipt of newsletters), information about business transactions, inquiries, offers, conditions and contracts, information about professional or other interests of the persons.

The CUSTOMER is obligated, within the scope of his business relationship, to provide the data necessary for the establishment and execution of the contractual relationship and the fulfillment of the associated contractual obligations or data required by law. Without this data, maxXsolutions ag is usually not able to conclude or execute the contract with the respective customer. This also applies analogously to business relationships with wholesalers, distributors, retailers, suppliers and business partners of maxXsolutions ag; these can generally not be concluded and processed without information about their employees and other contact persons. Since every access to the WEBSITE is logged, connection data (such as the IP address) is always logged; this happens automatically during use and cannot be deactivated for individual VISITORS or CUSTOMERS.

3. processing purpose and legal bases

3.1 Purpose of processing

maxXsolutions ag may, in accordance with applicable law, process CUSTOMER DATA in particular, but not exclusively, for the following purposes:

  • In connection with the services offered, conclusion of contracts (in particular sales contracts), participation in events, maintenance and expansion of customer relationships, communication, customer service and support, promotions, advertising and marketing (including newsletters and mailing of advertising material);
  • Administration of users of the WEBSITE and other activities in which CLIENTS participate, operation and further development of the WEBSITE (including the provision of functions requiring identifiers or other personal data) and other IT systems, identity checks;
  • Protection of CUSTOMERS, employees and other persons and protection of data, secrets and assets of maxXsolutions ag, security of systems and premises of maxXsolutions ag;
  • Compliance with legal and regulatory requirements and internal regulations of maxXsolutions ag, enforcement and exploitation of rights and claims, defense against legal claims, litigation, lawsuits, combating abusive behavior, initiation of investigations and proceedings, and responding to inquiries from public authorities;
  • Sale or acquisition of business units, companies or parts of companies and other corporate transactions
  • and for other purposes, insofar as a legal obligation requires processing and this was apparent from the circumstances or indicated at the time of collection

(hereinafter collectively the "PURPOSE OF DATA PROCESSING").

3.2 Legal basis of machining

maxXsolutions ag uses the CUSTOMER DATA for the PURPOSE OF DATA PROCESSING on the basis of the following legal principles:

  • fulfillment of contracts;
  • Compliance with the legal obligations of maxXsolutions ag;
  • Consent of the customer (only insofar as the processing is based on a specific request and can be revoked at any time, namely the receipt of newsletters for which the customer has registered);
  • legitimate interests of maxXsolutions ag, including but not limited to
    • Purchase and shipment of products and services, including in connection with persons who are not direct parties to the contract (such as persons receiving a gift);
    • Execution of advertising and marketing activities;
    • Efficient and effective customer service, liaison and other communication with CUSTOMERS outside of contract execution;
    • Understanding customer behavior, activities, concerns and needs, market studies;
    • Efficient and effective improvement of existing products and services and development of new products and services;
    • Efficient and effective protection of customers, employees and other persons as well as protection of data, secrets and assets of maxXsolutions ag, security of systems and premises of maxXsolutions ag;
    • Maintenance and safe, efficient and effective organization of business operations including safe, efficient and effective operation and successful further development of the WEB SITE and other IT systems;
    • Reasonable corporate governance and development;
    • successful sale and acquisition of business units, companies or parts of companies and other corporate transactions;
    • Compliance with legal and regulatory requirements and the internal rules of maxXsolutions ag;
    • Concerns regarding the prevention of fraud, criminal acts and crimes as well as investigations in connection with such criminal acts and other misconduct, the processing of claims and lawsuits against maxXsolutions ag, cooperation in legal proceedings and with authorities as well as the prosecution, exercise and defense of lawsuits

maxXsolutions ag may, in accordance with the applicable data protection laws, in particular process VISITOR DATA for the purpose of maintaining and further developing the WEBSITE (including the provision of functions that require identifiers or other personal data), for statistical evaluation of the use of the WEBSITE as well as for combating abusive behavior, for the purpose of judicial investigations or proceedings and for responding to inquiries from authorities. VISITOR DATA will be processed in accordance with the principles established for CUSTOMER DATA.

maxXsolutions ag may process PARTNER DATA namely for the purpose of concluding and processing contracts and other business relationships with PARTNERS, promotions, advertising and marketing, communication, invitation to events and participation in promotions for PARTNERS, organization of joint activities, compliance with legal and regulatory requirements and internal rules of maxXsolutions ag. maxXsolutions ag enforcement and the exploitation of rights and claims, defense of legal claims, litigation, complaints, anti-abuse processing.

4. Data transmission and sharing

maxXsolutions ag may, in accordance with applicable data protection laws, disclose CUSTOMER, VISITOR and PARTNER DATA to the following categories of THIRD PARTIES who process PERSONAL DATA on behalf of maxXsolutions ag or for their own purposes:

  • Service providers (both within maxXsolutions ag and externally), including data processors; for the purpose of contract fulfillment;
  • Wholesalers, distributors, retailers, suppliers and other business partners;
  • local, national and foreign authorities;
  • the public including visitors to websites and social media of maxXsolutions ag;
  • Industry organizations, associations, organizations and other bodies;
  • Acquirers or parties interested in acquiring business units, companies or other parts of maxXsolutions ag;
  • other parties in potential or actual legal proceedings;

(hereinafter collectively "THIRD").

maxXsolutions ag may disclose CUSTOMER, VISITOR and PARTNER DATA within maxXsolutions ag as well as to third parties and in any country worldwide, as well as in countries where service providers of maxXsolutions ag process their data. If data is disclosed to countries that do not ensure adequate protection, maxXsolutions ag will ensure adequate protection of the disclosed data.

5. Data retention

maxXsolutions ag basically does not store personal data longer than necessary for the PURPOSES for which they are processed. maxXsolutions ag is, however, entitled to process personal data for a longer period of time, provided that the following rules and obligations are observed: maxXsolutions ag stores personal data as long as maxXsolutions ag

  1. is obligated to do so (by contract, law or other provision) or
  2. has an interest in doing so (namely, an interest for evidentiary reasons in the event of claims, documentation of compliance with certain legal or other requirements, an interest in a non-personal analysis).

Different regulations apply in particular with regard to the anonymization or pseudonymization of personal data in accordance with applicable law.

maxXsolutions ag generally stores personal data for contract-related CUSTOMER and PARTNER DATA (including business documents and communications) as long as the contractual relationship exists and for ten years after termination of the contractual relationship, unless

  1. in individual cases, there is a shorter or longer legal obligation to retain data,
  2. the retention is required for evidentiary or other valid reason under applicable law; or
  3. the deletion of the data is required earlier (e.g. because the data is no longer needed or maxXsolutions ag must delete the corresponding data).

For operational data containing CUSTOMER, VISITOR or PARTNER DATA (e.g. logs), maxXsolutions ag usually stores personal data for a period of 3 - 12 months.

6. Cookies, Analytics Tools, Social Plug-Ins and Re-Targeting

6.1 Cookies

maxXsolutions ag uses tracking technologies ("cookies") for the WEBSITE.

maxXsolutions ag uses cookies to learn more about the ways in which a user interacts with the WEBSITE to enable us to improve the user's experience when visiting the WEBSITE.

On the one hand, maxXsolutions ag uses session cookies, which are automatically deleted when closing the WEBSITE and which enable the server to establish a stable connection to the user (so that e.g. the content of a shopping cart is not lost) as long as the user surfs the WEBSITE. On the other hand, permanent cookies are used, which are deleted only after a time specified per WEBSITE.

Permanent cookies are used to remember user preferences on the WEBSITE and remain on the user's desktop or internet-enabled device even after the browser is closed or the device is restarted. maxXsolutions ag uses these cookies to analyze user behavior and to determine visit patterns so that website functionality can be improved for all users.

Cookies do not cause any harm and do not contain viruses. If the user still does not want cookies to be set, the browser can be set so that cookies are created only with the consent of the user or generally rejected.

If cookies are refused on the WEBSITE, please note that some features on the WEBSITE may be limited or unavailable.

maxXsolutions ag is entitled to install a coding in newsletters and other marketing e- mails, which can be used to determine whether the recipient has opened an e-mail or downloaded images contained in the e-mail. However, the recipient may block this application in his e-mail program. In any case, he agrees to the use of this technology by receiving newsletters via other marketing emails.

Should maxXsolutions ag place advertising of third parties on the WEBSITE (e.g. banners) or intend to place its own advertisement on the website of a third party, it may

Cookies of - companies specialized in the use of this advertising - are used. maxXsolutions ag does not pass on any personal data to such companies, i.e. they only set a permanent cookie with the users of the WEB SITE in order to recognize users. This is done in the sole interest of maxXsolutions ag and enables maxXsolutions ag to place targeted advertisements for these persons on third-party websites (e.g. in connection with products for which these persons have shown interest in the online store). maxXsolutions ag also does not pass on personal data to the operators of external websites.

6.2 Analysis tools

6.2.1 Facebook Pixel

maxXsolutions ag uses Facebook Pixel of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA on the WEBSITE. When the WEBSITE is visited, a direct connection between the user's browser and the Facebook server is established via the Facebook pixel. Facebook thereby receives the information that the user has visited the website with his IP address. This allows Facebook to associate the visit to the website with the user's account. The information thus obtained can be used for the display of Facebook Ads or for tracking functionalities. It is pointed out that maxXsolutions ag does not obtain knowledge of the content of the transmitted data as well as its use by Facebook. Further information can be found in the privacy policy of Facebook at https://www.facebook.com/about/privacy.

6.2.2 Google Analytics

The WEBSITE uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on the user's terminal device and that provide a

Enable analysis of the use of the WEBSITE. The information generated by cookies about the use of the WEBSITE will be transmitted to and stored by Google on servers in the United States. In the event that IP anonymization is activated on this website, however, Google will truncate 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 the operator of the WEBSITE, Google will use this information for the purpose of evaluating your use of the WEBSITE, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by the user's browser as part of Google Analytics is not merged with other data from Google. The user may refuse the use of cookies by selecting the appropriate settings on his browser, however please note that if you do this you may not be able to use the full functionality of this website. The user can also prevent the collection of data generated by the cookie and related to the use of the website by the user (including IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link (http://tools.google.com/dlpage/gaoptout?hl=de).

More detailed information on terms of use and data protection can be found at http://www.google.com/analytics/terms/de.html or at http://www.google.com/intl/de/analytics/privacyoverview.html.

6.3 Social Plugins

The WEBSITE uses social plugins, e.g. from Facebook, Twitter or Google+. The plugins are marked with the logo of the provider and can be, for example, a "Like" button or a Twitter button or Google+ button.

When the CUSTOMER or VISITOR calls up a WEBSITE that contains such a plugin, his browser establishes a direct connection with the provider's computers. The content of the plugin is transmitted directly to the CUSTOMER's or VISITOR's browser by the offering site and integrated into the Internet page by the latter. By integrating the plugins, the provider receives the information that the CUSTOMER or VISITOR has called up the WEBSITE. If the CUSTOMER or VISITOR is logged in to the provider at the same time, the provider can assign the visit to the profile of the CUSTOMER or VISITOR. If the CUSTOMER or VISITOR interacts with the plugins - for example, by clicking the "Like" button or submitting a comment - the corresponding information is transmitted directly from their browser to the provider and stored there.

If the CUSTOMER or VISITOR does not want the provider to collect data about him via our website, he must log out from the provider before visiting the WEBSITE. Even when logged out, the providers collect anonymized data via the social plugins and set a cookie for the CUSTOMER or VISITOR. If the CUSTOMER or VISITOR logs in to the provider at a later time, this data can be assigned to the corresponding profile.

If a login is offered via a social login service - e.g. Facebook Connect - data is exchanged between the provider and the WEBSITE. In the case of Facebook Connect, this may be data from the public Facebook profile of the CUSTOMER or VISITOR, for example. By using such login services, the CUSTOMER or VISITOR consents to the data transfer.

The purpose and scope of data collection and further processing of the data by the provider, as well as the related rights and settings options for the protection of privacy can be found in the privacy notices of the providers.

  • Facebook Ireland Ltd. bzw. Facebook Inc.: http://de-de.facebook.com/policy.php
  • Google Inc: http://www.google.de/intl/de/privacy/plusone/
  • Twitter Inc: http://twitter.com/privacy

If the CUSTOMER or VISITOR does not want the providers to collect data via these cookies, the CUSTOMER or VISITOR can select the function "Block third-party cookies" in his browser settings. Then the browser does not send cookies to the server for embedded content from other providers. With this setting, other functions of the WEBSITE may no longer work.

7. Commissioned service providers and third parties

To be able to guarantee a convenient shopping experience, maxXsolutions ag cooperates with service providers (or commissioned third parties) for logistics, payment or customer service. In the course of these services, maxXsolutions ag transfers data to the following companies with the purpose shown:

  • Post AG Switzerland; for the purpose of verifying correct address data
  • Wallee AG.; for the purpose of payment and credit assessment (https://wallee.com/gdpr.html)

8. Information, correction and deletion of data and contact person for data protection

Affected persons are entitled to request information from maxXsolutions ag at any time about the data stored about them, about the recipients or the categories of recipients to whom their data is disclosed, as well as about the purpose of the storage, and can contact the following offices for this purpose:

maxXsolutions ag
Reinacherstrasse 129
4053 Basel
info@maxXsolutions.ch

In addition, data subjects may contact maxXsolutions ag at any time using the aforementioned contact details in order to update, correct, complete or delete the data stored about them. In addition, you have the right to lodge a complaint with the competent data protection supervisory authority. Data subjects have a right to free information about the data stored about them at maxXsolutions ag and, if applicable, a right to correction, restriction of processing, data portability or deletion of this data. For questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data as well as revocation of given consents or objection to a certain use of data, data subjects please contact maxXsolutions ag directly via the contact details in the WEBSITE imprint. In addition, data subjects have the right to lodge a complaint with the responsible data protection supervisory authority.

9. Changes to the privacy policy

maxXsolutions ag is entitled to change this privacy policy at any time and without prior notice. The latest version according to the current WEBSITE shall apply.

Should the privacy policy be part of an agreement with CUSTOMERS and PARTNERS, maxXsolutions ag may inform them about an update or change by e-mail or by other suitable means. The changes are considered accepted if no objection is raised within 30 days after notification. In case of an objection, maxXsolutions ag is free to terminate the contract exceptionally and with immediate effect.

B. Special Provisions

The following provisions supplement the provisions of the general part for certain activities of maxXsolutions ag. In the event of a contradiction, the following provisions take precedence over the provisions of the general part.

1. online shops

If the CUSTOMER decides to pay with PayPal or credit card, maxXsolutions ag forwards personal data of the CUSTOMER via a secure interface connection to the payment acquiring and requests a creditworthiness and identity check via this. In this process, no direct personal data such as credit scores or addresses are exchanged at any time, but only the existence of relevant information and its validity are verified. maxXsolutions ag thus does not find out, for example, how high a credit score is, but only whether a creditworthiness is given and a means of payment can be accepted securely

2. partners and distributors

CUSTOMER DATA, PARTNER DATA and VISITOR DATA can be collected not only directly by maxXsolutions ag but also indirectly by partners. In these cases, the PARTNERS of maxXsolutions ag process personal data on behalf of maxXsolutions ag and are bound by special processing agreements that regulate their obligations in such a way that the protection of the rights of CUSTOMERS, PARTNERS and VISITORS as well as the processing and security of their personal data is guaranteed in accordance with the applicable data protection laws.

3. newsletter and banner advertising

If the CUSTOMER consents to this, maxXsolutions ag can send newsletters or other commercial communications in connection with products and services. Based on the data provided, maxXsolutions ag can individualize the information sent to the CUSTOMER in such a way that the CUSTOMER, if possible, only receives such information that maxXsolutions ag classifies as interesting and relevant for the CUSTOMER. For this purpose, maxXsolutions ag analyzes the data and takes into account, in particular, the stored information about age, gender, interests and preferences as well as further information that can be derived from the linking of further data provided or collected by the CUSTOMER. CUSTOMERS may at any time object to further sending of newsletters or other commercial communications via their account on the respective WEBSITE or via the link provided in each mailing.

It is possible that personalized advertising is displayed during the visit to the WEBSITE. Each banner advertisement displayed to the CUSTOMER contains products offered on the WEBSITE, which have been previously viewed by the CUSTOMER. The advertising is generated by maxXsolutions ag by means of cookies (see above section A. 6.1).

4. Sweepstakes, contests and other promotional activities

For the collection of data in connection with sweepstakes, contests and other promotional activities, the associated conditions and the following principles apply:

The data is collected for:

  • Performance of the contest or sweepstakes;
  • Contacting the winners;
  • Publication of the contact details of the winners;
  • Promotion of winners in social media;
  • Advertising and marketing activities.

Basel, January 2021

maxXsolutions ag

info@maxxsolutions.ch