Privacy Policy

With this Privacy Policy, we provide information about the processing of personal data in connection with our activities and operations, including our website (velomarkt.ch and velomarkt.de including all subdomains). In particular, we provide information about why, how and where we process which personal data. We also provide information about the rights of persons whose data we process.

Additional privacy policies or other information relating to data protection may apply to individual or additional activities and operations.

We are subject to Swiss data protection law as well as any applicable foreign data protection law, in particular that of the European Union (EU) with the European General Data Protection Regulation (GDPR).

By decision of 26 July 2000, the European Commission recognised that Swiss data protection law provides an adequate level of data protection. In its report of 15 January 2024, the European Commission confirmed this adequacy decision.

1. Contact Addresses

Responsibility for the processing of personal data:

Velomarkt Europe AG
Staffelstrasse 12
8045 Zurich

[email protected]

In individual cases, third parties may be responsible for the processing of personal data, or there may be joint responsibility with third parties.

Data Protection Representative in the European Economic Area (EEA)

We have appointed the following data protection representative pursuant to Art. 27 GDPR:

VGS Datenschutzpartner GmbH
Am Kaiserkai 69
20457 Hamburg
Germany

[email protected]

The data protection representative serves as an additional point of contact for data subjects and authorities in the European Union (EU) and the rest of the European Economic Area (EEA) for enquiries relating to the GDPR.

2. Terms and Legal Bases

2.1 Terms

Data subject: A natural person about whom we process personal data.

Personal data: All information relating to an identified or identifiable natural person.

Particularly sensitive personal data: Data concerning trade union, political, religious or philosophical views and activities, data concerning health, privacy or affiliation with an ethnicity or race, genetic data, biometric data that uniquely identifies a natural person, data concerning criminal and administrative sanctions or proceedings, and data concerning social assistance measures.

Processing: Any handling of personal data, regardless of the means and procedures used, for example querying, comparing, adapting, archiving, retaining, reading, disclosing, obtaining, recording, collecting, deleting, revealing, arranging, organising, storing, modifying, distributing, linking, destroying and using personal data.

European Economic Area (EEA): Member States of the European Union (EU) as well as the Principality of Liechtenstein, Iceland and Norway.

Note: The European General Data Protection Regulation (GDPR) refers to the processing of personal data and to the processing of particularly sensitive personal data as the processing of special categories of personal data (Art. 9 GDPR).

2.2 Legal Bases

We process personal data in accordance with Swiss data protection law, in particular the Federal Act on Data Protection (Data Protection Act, FADP) and the Ordinance on Data Protection (Data Protection Ordinance, DPO).

Where and insofar as the General Data Protection Regulation (GDPR) applies, we process personal data on the basis of at least one of the following legal grounds:

  • Art. 6(1)(b) GDPR for the necessary processing of personal data for the performance of a contract with the data subject and for taking steps prior to entering into a contract.
  • Art. 6(1)(f) GDPR for the necessary processing of personal data in order to safeguard legitimate interests, including the legitimate interests of third parties, unless the fundamental freedoms and fundamental rights as well as the interests of the data subject prevail. Such interests include, in particular, the permanent, user-friendly, secure and reliable performance of our activities and operations, ensuring information security, protection against misuse, enforcement of our own legal claims and compliance with Swiss law.
  • Art. 6(1)(c) GDPR for the necessary processing of personal data in order to comply with a legal obligation to which we are subject under any applicable law of Member States of the European Economic Area (EEA).
  • Art. 6(1)(e) GDPR for the necessary processing of personal data for the performance of a task carried out in the public interest.
  • Art. 6(1)(a) GDPR for the processing of personal data with the consent of the data subject.
  • Art. 6(1)(d) GDPR for the necessary processing of personal data in order to protect the vital interests of the data subject or another natural person.
  • Art. 9(2) et seq. GDPR for the processing of special categories of personal data, in particular with the consent of the data subjects.

3. Nature, Scope and Purpose of the Processing of Personal Data

We process those personal data that are necessary in order to carry out our activities and operations permanently, in a user-friendly, secure and reliable manner. The personal data processed may include, in particular, categories such as browser and device data, content data, communication data, metadata, usage data, master data including inventory and contact data, location data, transaction data, contractual data and payment data.

We also process personal data that we receive from third parties, obtain from publicly accessible sources or collect in the course of carrying out our activities and operations, insofar as such processing is legally permissible.

Where required, we process personal data with the consent of the data subjects. In many cases, we may process personal data without consent, for example in order to fulfil legal obligations or safeguard overriding interests. We may also request consent from data subjects even where consent is not required.

We process personal data for the period required for the respective purpose. In particular, we anonymise or delete personal data depending on statutory retention and limitation periods.

4. Disclosure of Personal Data

We may disclose personal data to third parties, have them processed by third parties or process them jointly with third parties. Such third parties include, in particular, specialised providers whose services we use.

We may disclose personal data, for example, to banks and other financial service providers, authorities, educational and research institutions, consultants and lawyers, interest groups, IT service providers, cooperation partners, credit and business information agencies, logistics and shipping companies, marketing and advertising agencies, media organisations, organisations and associations, social institutions, telecommunications companies and insurance companies.

5. Communication

We process personal data in order to communicate with third parties. In this context, we process in particular data that a data subject provides when contacting us, for example via an online form, postal mail or email. We may store such data in an address book or using comparable tools.

Third parties who transmit data about other persons are obliged to ensure data protection with regard to those data subjects. Among other things, the accuracy of the personal data transmitted must be ensured.

We use selected services from suitable providers in order to communicate more effectively with third parties.

We use in particular:

6. Data Security

We take appropriate technical and organisational measures to ensure a level of data security appropriate to the respective risk. In particular, our measures ensure the confidentiality, availability, traceability and integrity of the personal data processed, although absolute data security cannot be guaranteed.

Access to our website and our other online presence is protected by transport encryption (SSL / TLS, in particular the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers warn users before visiting websites without transport encryption.

Our digital communications are subject – like virtually all digital communications – to mass surveillance without cause or suspicion by security authorities in Switzerland, elsewhere in Europe, in the United States of America (USA) and in other countries. We have no direct influence over the corresponding processing of personal data by intelligence services, police authorities and other security authorities. We also cannot rule out the possibility that an individual data subject may be specifically monitored.

7. Personal Data Abroad

We process personal data primarily in Switzerland and in the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular in order to process them there or have them processed there.

We may export personal data to all countries and territories of the world, provided that the law applicable there ensures an adequate level of data protection in accordance with a decision of the Swiss Federal Council and – where and insofar as the General Data Protection Regulation (GDPR) applies – also in accordance with a decision of the European Commission.

We may transfer personal data to countries whose laws do not ensure an adequate level of data protection if data protection is otherwise guaranteed, in particular on the basis of standard contractual clauses or other appropriate safeguards. In exceptional cases, we may export personal data to countries without adequate or appropriate data protection if the specific data protection requirements for doing so are fulfilled, for example with the explicit consent of the data subjects or where there is a direct connection with the conclusion or performance of a contract. Upon request, we will gladly provide data subjects with information about any safeguards or provide a copy of such safeguards.

8. Rights of Data Subjects

8.1 Data Protection Rights

We grant data subjects all rights available under applicable data protection law. Data subjects have, in particular, the following rights:

  • Information: Data subjects may request information as to whether we process personal data concerning them and, if so, what personal data are involved. Data subjects also receive the information required to exercise their data protection rights and ensure transparency. This includes the personal data processed as such, as well as, among other things, information on the purpose of processing, the duration of storage, any disclosure or export of data to other countries and the origin of the personal data.
  • Correction and restriction: Data subjects may have inaccurate personal data corrected, incomplete data completed and the processing of their data restricted.
  • Erasure and objection: Data subjects may have personal data deleted (“right to be forgotten”) and object to the processing of their data with effect for the future.
  • Data disclosure and data portability: Data subjects may request the disclosure of personal data or the transfer of their data to another controller.

We may postpone, restrict or refuse the exercise of data subjects' rights within the limits permitted by law. We may inform data subjects of any requirements that must be fulfilled in order to exercise their data protection rights. For example, we may refuse access in whole or in part by referring to business secrets or the protection of other persons. We may also refuse the deletion of personal data in whole or in part by referring to statutory retention obligations.

In exceptional cases, we may charge costs for the exercise of rights. We inform data subjects in advance of any such costs.

We are obliged to identify, by appropriate measures, data subjects who request information or exercise other rights. Data subjects are obliged to cooperate.

8.2 Legal Protection

Data subjects have the right to enforce their data protection rights through legal proceedings or to submit a report or complaint to a data protection supervisory authority.

The data protection supervisory authority for private controllers and federal bodies in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

European data protection supervisory authorities – where and insofar as the General Data Protection Regulation (GDPR) applies – are organised as members of the European Data Protection Board (EDPB). In some Member States of the European Economic Area (EEA), data protection supervisory authorities are organised federally, particularly in Germany.

9. Use of the Website

9.1 Cookies

We may use cookies. Cookies – both our own cookies (first-party cookies) and cookies from third parties whose services we use (third-party cookies) – are data stored in the browser. Such stored data are not necessarily limited to traditional cookies in text form.

Cookies may be stored temporarily in the browser as “session cookies” or for a specific period as so-called permanent cookies. “Session cookies” are automatically deleted when the browser is closed. Permanent cookies have a defined storage period. Cookies make it possible, in particular, to recognise a browser on a subsequent visit to our website and thereby, for example, measure the reach of our website. Permanent cookies may also be used for online marketing.

Cookies can be completely or partially disabled or deleted at any time in the browser settings. Without cookies, our website may no longer be fully available. We request – at least where and insofar as required – explicit consent to the use of cookies.

For cookies used for performance and reach measurement or advertising, a general objection (“opt-out”) is available for numerous services via AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

9.2 Logging

For each access to our website and our other online presence, we may log at least the following information, insofar as such information is transmitted to our digital infrastructure during such access: date and time including time zone, IP address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual subpage of our website accessed including the amount of data transferred, and the website most recently accessed in the same browser window (referer or referrer).

We record such information, which may also constitute personal data, in log files. The information is required in order to provide our online presence permanently, in a user-friendly and reliable manner. The information is also required to ensure data security – including through third parties or with the assistance of third parties.

9.3 Tracking Pixels

We may integrate tracking pixels into our online presence. Tracking pixels are also referred to as web beacons. Tracking pixels – including those from third parties whose services we use – are usually small, invisible images or scripts written in JavaScript that are automatically retrieved when our online presence is accessed. Tracking pixels can collect at least the same information as log files.

9.4 Advertisements

We enable you to publish advertisements on our website. In this context, we process in particular the information that a person publishing an advertisement provides to us, as well as the IP address used and the date and time. This information is required in order to enable the publication of advertisements and to ensure protection against misuse, which is in our overriding legitimate interest.

10. Notifications and Communications

We send notifications and communications by email and via other communication channels such as instant messaging or SMS.

10.1 Performance and Reach Measurement

Notifications and communications may contain web links or tracking pixels that record whether an individual message was opened and which web links were clicked. Such web links and tracking pixels may also record the use of notifications and communications on a personal basis. We require this statistical recording of usage for performance and reach measurement in order to send notifications and communications effectively and in a user-friendly manner based on the needs and reading habits of recipients, as well as permanently, securely and reliably.

10.2 Consent and Objection

You must generally consent to the use of your email address and other contact addresses unless their use is permitted on another legal basis. Where applicable, we may use the “double opt-in” procedure to obtain double-confirmed consent. In this case, you will receive a message with instructions for double confirmation. For evidentiary and security purposes, we may log consent obtained, including the IP address and timestamp.

You may generally object at any time to receiving notifications and communications such as newsletters. By making such an objection, you may simultaneously object to statistical recording of usage for performance and reach measurement. Required notifications and communications in connection with our activities and operations remain reserved.

10.3 Service Providers for Notifications and Communications

We send notifications and communications with the help of specialised service providers.

We use in particular:

11. Social Media

We maintain a presence on social media platforms and other online platforms in order to communicate with interested persons and provide information about our activities and operations. In connection with such platforms, personal data may also be processed outside Switzerland and the European Economic Area (EEA).

The general terms and conditions, terms of use, privacy policies and other provisions of the respective operators of such platforms also apply. In particular, these provisions provide information about the rights of data subjects directly vis-à-vis the respective platform, such as the right of access.

For our social media presence on Facebook, including so-called Page Insights, we are – where and insofar as the General Data Protection Regulation (GDPR) applies – jointly responsible with Meta Platforms Ireland Limited (Ireland). Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). Page Insights provide information about how visitors interact with our Facebook presence. We use Page Insights in order to provide our social media presence on Facebook effectively and in a user-friendly manner.

Further information about the nature, scope and purpose of data processing, information about the rights of data subjects and the contact details of Facebook and Facebook's data protection officer can be found in the Facebook Privacy Policy. We have concluded the so-called “Controller Addendum” with Facebook and have thereby agreed, in particular, that Facebook is responsible for ensuring the rights of data subjects. The corresponding information concerning Page Insights can be found on the “Information about Page Insights” page, including “Information about Page Insights Data”.

12. Third-Party Services

We use services from specialised third parties in order to carry out our activities and operations permanently, in a user-friendly, secure and reliable manner. Such services enable us, among other things, to embed functions and content in our website. For technical reasons, when such content is embedded, the services used collect at least temporarily the IP addresses of users.

For necessary security-related, statistical and technical purposes, third parties whose services we use may process data in connection with our activities and operations in aggregated, anonymised or pseudonymised form. This may include, for example, performance or usage data required to provide the respective service.

We use in particular:

12.1 Digital Infrastructure

We use services from specialised third parties in order to make use of the digital infrastructure required in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers.

We use in particular:

12.2 Social Media Functions and Social Media Content

We use third-party services and plugins in order to embed functions and content from social media platforms and to enable content to be shared on social media platforms and by other means.

We use in particular:

12.3 Fonts

We use third-party services in order to embed selected fonts as well as icons, logos and symbols in our website.

We use in particular:

12.4 Payments

We use specialised service providers in order to process payments from our customers securely and reliably. In addition, the legal terms of the individual service providers, such as general terms and conditions or privacy policies, apply to payment processing.

We use in particular:

  • Payrexx: Payment processing; provider: Payrexx AG (Switzerland); information on data protection: “Policies” including Privacy Policy.
  • Stripe: Payment processing; providers: Stripe Inc. (USA) / Stripe Payments Europe Limited (SPEL, Ireland) for users in the European Economic Area (EEA) and Switzerland and, in part, the United Kingdom / Stripe Payments UK Limited (United Kingdom) and Stripe Capital Europe Limited (Ireland) in part for users in the United Kingdom; information on data protection: “Stripe Privacy Center”, Privacy Policy, Cookie Policy.

12.5 Advertising

We use the option of displaying targeted advertising through third parties, such as social media platforms and search engines, for our activities and operations.

With such advertising, we aim in particular to reach people who are already interested in our activities and operations or who may be interested in them (remarketing and targeting). For this purpose, we may transmit relevant information – which may also include personal data – to third parties that enable such advertising. We may also determine whether our advertising is successful, in particular whether it leads to visits to our website (conversion tracking).

Third parties with whom we advertise and with whom you are registered as a user may, where applicable, associate your use of our website with your profile held by them.

We use the option of embedding third-party advertising – generally for remuneration – in our website or otherwise displaying it on our website. Third parties whose advertising is embedded in our website and with whom you are registered as a user may, where applicable, associate your use of our website with your profile held by them.

We use in particular:

13. Website Extensions

We use extensions for our website in order to make additional functions available. We may use selected services from suitable providers or operate such extensions on our own digital infrastructure.

14. Performance and Reach Measurement

We attempt to measure the success and reach of our activities and operations. In this context, we may also measure the effectiveness of references from third parties or examine how different parts or versions of our online offering are used (“A/B testing” method). Based on the results of performance and reach measurement, we may in particular correct errors, strengthen popular content or make improvements.

For performance and reach measurement, the IP addresses of individual users are collected in most cases. In such cases, IP addresses are generally shortened (“IP masking”) in order to follow the principle of data minimisation through appropriate pseudonymisation.

Cookies may be used and user profiles created for performance and reach measurement. Any user profiles created may include, for example, individual pages visited or content viewed on our website, information about the size of the screen or browser window and the – at least approximate – location. Generally, any user profiles are created exclusively in pseudonymised form and are not used to identify individual users. Individual third-party services with which users are logged in may, where applicable, associate the use of our online offering with the user's account or profile on the respective service.

We use in particular:

15. Chatbot

We enable you to submit questions and concerns via a chatbot on our website. Chatbots are tools that automatically receive and respond to enquiries. Our chatbot is based on artificial intelligence, in particular on a so-called large language model (“Large Language Model”). Communication does not take place with a human being.

In this context, we process in particular the information that you provide to us yourself, including the history of the conversation, as well as the IP address used and the date and time. This information is required in order to respond to and follow up on enquiries and to ensure protection against misuse, which is in our overriding legitimate interest. We may store such information in a table or using comparable tools.

You must not submit any particularly sensitive personal data or other confidential information via the chatbot. For such matters, our other contact options are available to you.

We use selected services from suitable providers in order to make the chatbot available.

We use in particular:

16. Final Provisions

We may amend and supplement this Privacy Policy at any time. We will provide information about such amendments and additions in an appropriate form, in particular by publishing the current version of the Privacy Policy on our website.