Data Policy

1. General
This privacy policy covers both historical and future personal data. It applies to data processing by Ender Sport Trend Fashion and to the following websites: “www.endersport.com/www.endersport.ch”. This Privacy Policy covers not only the personal data collected from you in the future in accordance with this Privacy Policy, but also your personal data already stored by us.

This privacy policy is aligned with the EU General Data Protection Regulation (GDPR). Although the DSGVO is a regulation of the European Union, it is relevant to us. Swiss data protection law (DPA) is heavily influenced by EU law, and companies outside the European Union or EEA must comply with the DPA under certain circumstances.

The EU General Data Protection Regulation and Swiss data protection law protect the fundamental rights and freedoms of natural persons and, in particular, their right to the protection of personal data. Personal data or personal data means any information relating to an identified or identifiable individual. When we talk about processing your personal data in this privacy policy, we mean any handling of your personal data. This includes, for example:

The collection
Storage
Administration
Use
Transmission
Disclosure
Deletion of your personal data

We collect personal data that is needed for the specific purchase and to provide better services to our customers. This data is used exclusively within Ender Sport Trend Fashion and is not passed on to third parties.

2. How do we protect your personal data?
We have technical and organizational security procedures in place to maintain the security of your personal data and to protect your session data and personal data against unauthorized or unlawful processing and/or accidental loss, alteration, disclosure or access. Our online store is encrypted using SSL (Secure Socket Layer), which means that all data of the offer as well as your payment and customer data are transmitted securely. However, you should always be aware that the transmission of information via the Internet and other electronic means involves certain security risks and that we cannot guarantee the security of information transmitted in this way.

3. How long do we keep data and where do we store it?
We process and store your personal data as long as it is necessary for the fulfillment of our contractual and legal obligations or otherwise for the purposes pursued with the processing, i.e., for example, for the duration of the entire business relationship (from the initiation, processing to the termination of a contract) and beyond that in accordance with the statutory retention and documentation obligations. In this context, it is possible that personal data will be retained for the time during which claims can be asserted against our company and insofar as we are otherwise legally obligated to do so or legitimate business interests require this (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted or anonymized as a matter of principle and to the extent possible. For operational data (e.g. system logs, logs), shorter retention periods of twelve months or less generally apply. Inactive customer accounts are systematically deleted after one year of inactivity and failure to respond to the 30-day reactivation period. The personal data we collect is stored exclusively on servers in Switzerland.

4. What rights do you have with regard to your data?
Within the scope of the data protection law applicable to you and insofar as provided therein (such as in the case of the GDPR), you have the right to information, correction, deletion, the right to restrict data processing and otherwise to object to our data processing as well as to the surrender of certain personal data for the purpose of transfer to another entity (so-called data portability). Please note, however, that we reserve the right to enforce the restrictions provided for by law, for example if we are obliged to retain or process certain data, if we have an overriding interest in doing so (insofar as we are entitled to rely on this) or if we require the data in order to assert claims. If costs are incurred for you, we will inform you in advance. You have the right to revoke your consent at any time. Please note that the exercise of these rights may conflict with contractual agreements and this may have consequences such as the premature termination of the contract or cost consequences. We will inform you in advance if this is not already contractually regulated.
Die Ausübung solcher Rechte setzt in der Regel voraus, dass Sie Ihre Identität eindeutig nachweisen (z.B. durch eine Ausweiskopie, wo Ihre Identität sonst nicht klar ist bzw. verifiziert werden kann). Zur Geltendmachung Ihrer Rechte können Sie uns unter der in Ziffer 16 angegebenen Adresse kontaktieren.

The exercise of such rights usually requires that you clearly prove your identity (e.g. by means of a copy of your identity card, where your identity is otherwise not clear or cannot be verified). To exercise your rights, you may contact us at the address provided in Section 16.
In addition, every data subject has the right to enforce his or her claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

5. How can you contact us?
If you wish to exercise your rights with respect to your personal data or have questions or concerns about the processing of personal data, you may contact us at info@endersport.com: Your message will be forwarded internally to the Data Protection Officer and we will endeavor to respond to your questions or concerns promptly upon receipt.

6. Who is the owner of the data collection?
We are required by law to notify you of the owner of the data collection containing your personal data.
The owner of the data collection and responsible for data processing is Ender Sport Trend Fashion, Via Maistra 26, CH-7500 St. Moritz.

7. When do we collect personal data?
We primarily process the personal data that we receive from our customers and other business partners in the course of our business relationship with them and other persons involved in it, or that we collect from their users when operating our websites, apps and other applications.

To the extent permitted, we also take certain data from publicly accessible sources (e.g., debt collection registers, land registers, commercial registers, the press, the Internet) or receive such data from authorities and other third parties (such as credit agencies, address dealers).
In addition to the data about you that you give us directly, the categories of personal data that we receive about you from third parties include in particular

Data from public registers
data that we learn in connection with official and judicial proceedings
information related to your professional functions and activities (e.g. so that we can conclude and process transactions with your employer with your help)
information about you in correspondence and meetings with third parties, credit reports (to the extent that we do business with you personally)
Information about you provided by people close to you (family, advisors, legal representatives, etc.) so that we can conclude or process contracts with you or involving you (e.g. references, your address for deliveries, powers of attorney)
Information on compliance with legal requirements such as anti-money laundering and export restrictions
Information from banks, insurance companies, sales and other contractual partners of ours regarding the use or provision of services by you (e.g. payments made, purchases made)
Information from the media and the Internet about you (if this is indicated in the specific case, e.g. in the context of an application, press review, marketing/sales, etc.)
Your addresses and, if applicable, interests and other socio-demographic data (for marketing)
Data related to the use of the website (e.g. IP address, MAC address of the smartphone or computer, details of your device and settings, cookies, date and time of visit, pages and content accessed, functions used, referring website, location details).

8. What personal data do we collect?
We need the collected personal data for the processing of the sales process. On the one hand, we collect personal data that you provide to us. On the other hand, we collect personal data that is automatically or manually collected during your contact with us, such as:

8.1 Personal data

Name and first name
delivery address
billing address
language preferences
Telephone number(s)
E-mail address(es)
Customer number
Information about subscribed newsletters or other advertising
Consent to receive advertising
Online customer account information (including opening date, user name)

8.2 Customer Activity Data

Contract data (including date of contract, type of contract, content of contract; contracting party; term of contract; value of contract; claims made under contract);
Purchase information (including purchase date, type, quantity and value of goods and services purchased; shopping cart; abandoned shopping cart; means of payment used; purchase history);
Customer service information (including returns of goods, complaints, warranty claims, delivery information);
Session data related to visits to our Internet sites.
Communications by telephone, facsimile, e-mail, voice messages, text messages (SMS), picture messages (MMS), video messages or instant messaging.

9. Why do we process personal data?
We process your personal data for different purposes. These purposes can be grouped into different categories. Specifically, we may process all or part of your Personal Data for one or more of the following purposes in which we have a legitimate interest that is relevant to the purpose:

9.1 Processing purposes in connection with our goods and services offerings

Provision and sale of our goods and services
Processing of orders and contracts, including dispatch of order and dispatch confirmations, delivery confirmations, delivery and invoicing
Organization and execution of customer service activities
Organization and implementation of customer card or loyalty card programs
Organization and implementation of market research and opinion surveys

9.2 Processing purposes in connection with customer communications
– Provision, administration and execution of customer communication by mail and via electronic means of communication
– business communications by mail and by telephone, facsimile, e-mail, voice messages, text messages (SMS), picture messages (MMS), video messages or instant messaging

9.3 Processing purposes in connection with direct marketing– Simplification of processes – such as purchases or bookings – and use of insights from the analysis of customer behavior for the continuous improvement of all goods and services offered
– Avoiding unnecessary advertising by using insights from the analysis of customer behavior for individualized and personalized direct marketing
– Sending individualized and personalized advertising by mail or via telephone, fax, e-mail, voice messages, text messages (SMS), picture messages (MMS), video messages, or instant messaging
– Individualized and personalized adaptation of offers as well as advertising on our Internet pages, apps for mobile devices or on our channels on Internet platforms, multimedia portals or social networks.
Insofar as you have given us consent to process your personal data for certain purposes (for example, when you register to receive newsletters), we process your persons within the scope of and based on this consent, insofar as we have no other legal basis and we require such a basis. Consent given can be revoked at any time, but this has no effect on data processing that has already taken place.

In the context of our business relationship, you must provide those personal data that are necessary for the establishment and implementation of a business relationship and the fulfillment of the associated contractual obligations (you do not usually have a legal obligation to provide us with data). Without this data, we will generally not be able to enter into or perform a contract with you (or the entity or person you represent). Also, the website cannot be used if certain information to secure the traffic (such as IP address) is not disclosed.

10. With whom do we share your personal data?
In the context of our business activities and the purposes set out in section 3, we also disclose personal data to third parties, where permitted and where we deem it appropriate, either because they process it for us or because they want to use it for their own purposes. This concerns in particular the following entities:

Service providers of us (within Ender Sport Trend Fashion as well as externally, such as banks, insurance companies), including order processors (such as IT providers)
Dealers, suppliers, subcontractors and other business partners
customers
domestic and foreign authorities, government agencies or courts of law
The media
The public, including visitors to websites and social media
Competitors, industry organizations, associations, organizations and other bodies
acquirers or parties interested in acquiring business units, branches or other parts of Ender Sport Trend Fashion;
other parties in potential or actual legal proceedings;

These recipients are partly domestic, but may be anywhere in the world. In particular, you must expect the transfer of your data to all countries where the service providers we use are located (such as Facebook).

11. How do we use cookies?
On our Internet pages, we also use so-called cookies. These are small files that are stored on your computer or mobile device when you use one of our Internet pages. We would also like to inform you comprehensively about our use of cookies.

11.1 Why do we use cookies?
The use of cookies serves on the one hand to log the frequency of use, number of users and behavior on our website, to increase the security of website use and to design our information offering in a user-friendly way.

11.2 Which cookies do we use?
Most of the cookies we use are automatically deleted from your computer or mobile device at the end of the browser session (so-called session cookies). For example, we use session cookies to store your country and language preferences and your shopping cart across different pages of an Internet session.

In addition, we also use temporary or permanent cookies. These remain stored on your computer or mobile device after the end of the browser session. During a further visit to one of our Internet pages, it is then automatically recognized which inputs and settings you prefer. Depending on the type of cookie, these temporary or permanent cookies remain stored on your computer or mobile device for between one month and ten years and are automatically deactivated after the programmed time has elapsed. They serve to make our Internet pages more user-friendly, effective and secure.

11.3 What data is stored in the cookies?
No personal data is stored in the cookies we use. The cookies we use cannot be assigned to a specific person. When a cookie is activated, it is assigned an identification number.

11.4 How can you prevent cookies from being stored?
Most Internet browsers accept cookies automatically. However, you can instruct your browser not to accept cookies or to prompt you each time before accepting a cookie from an Internet site you visit. You can also delete cookies on your computer or mobile device by using the appropriate function of your browser. If you choose not to accept our cookies or the cookies of our affiliates, you will not see certain information on our Internet sites and will not be able to use some features designed to enhance your visit.

12. how do we use log files?
Every time you access our Internet pages, your Internet browser transmits certain usage data to us for technical reasons and stores it in log files, the so-called log files. These are the following usage data:

IP address of the contacting device
Date and time
URL of the page called up
referrer URL
Browser and other device information

The analysis of the log files helps us to further improve our Internet services and make them more user-friendly, to find and correct errors more quickly and to control server capacities. Based on the log files, we can determine, for example, at what time the use of our Internet offers is particularly popular and provide appropriate data volume to ensure the best possible use for you.

13. How do we use web analysis tools?
In order to constantly improve and optimize our Internet offer, we use so-called tracking technologies. Web analysis tools provide us with statistics and graphics that give us information about the use of our Internet pages. In the process, data about the use of an Internet page is transmitted to the server used for this purpose. We use Google Analytics from Google Inc, USA as an analysis tool, with this tool this data is transmitted including shortened IP addresses, which prevents the identification of individual devices. Google Analytics uses cookies (see under cookies). Google observes the data protection provisions of the “Swiss-U.S. Privacy Shield” agreement and has registered with the U.S. Department of Commerce for the “Swiss-U.S. Privacy Shield” (for information on the Swiss-U.S. Privacy Shield, see “https://www.privacyshield.gov/Swiss-US-Privacy-Shield-FAQs”). The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. A transfer of this data by Google to third parties only takes place on the basis of legal regulations or within the framework of commissioned data processing.

You can prevent the collection of data generated by cookies and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available under the following link (“http://tools.google.com/dlpage/gaoptout”). You can find more information about Google Analytics and data protection at “http://tools.google.com/dlpage/gaoptout” or “http://www.google.com/intl/de/analytics/privacyoverview.html”.

14. How do we use social plugins?
Our internet pages use social plugins, e.g. from Facebook or Google+, to make our company better known. The underlying promotional purpose is to be regarded as a legitimate interest within the meaning of Art. 6 (1) lit. f DSGVO. The responsibility for data protection-compliant operation is to be ensured by their respective providers. Data processing in connection with these plugins is carried out with your consent when you use them. The plugins are marked with the logo of the provider and can be, for example, “Like” buttons or Google+ buttons.

When you call up our Internet pages that contain such a plugin, your browser establishes a direct connection with the provider’s computers. The content of the plugin is transmitted by the offering site directly to your browser and integrated by it into the Internet page. By integrating the plugins, the provider receives the information that you have accessed our Internet page. If you are logged in to the provider at the same time, the provider can assign the visit to your profile. If you interact with the plugins – for example, by clicking the “Like” button or posting a comment – the corresponding information is transmitted directly from your browser to the provider and stored there.

If you do not want the provider to collect data about you via our website, you must log out of the provider before visiting our website. Even when logged out, the providers collect data anonymously via the social plugins and set you a cookie. This data can be assigned to your profile if you log in to the provider at a later time.

If a login is offered via a social login service – e.g. Facebook Connect – data is exchanged between the provider and our website. In the case of Facebook Connect, this may be data from your public Facebook profile, for example. By using such login services, you consent to the data transfer.

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

– Facebook Ireland Ltd. or Facebook Inc.: http://de-de.facebook.com/policy.php
– Google Inc.: http://www.google.de/intl/de/privacy/plusone/

If you do not want the providers to collect data about you via these cookies, you can select the “Block third-party cookies” function in your browser settings. Then the browser will not send cookies to the server for embedded content from other providers. With this setting, other functions of our Internet site may also no longer work.
We process your personal data partly automatically with the aim of evaluating certain personal aspects (profiling). We use profiling in particular to be able to inform and advise you about products in a targeted manner. In doing so, we use evaluation tools that enable us to provide needs-based communication and advertising, including market and opinion research.

For the establishment and implementation of the business relationship and also otherwise, we generally do not use fully automated automatic decision-making (as regulated, for example, in Art. 22 DSGVO). Should we use such procedures in individual cases, we will inform you separately about this, insofar as this is required by law, and inform you about the associated rights.

15. Payment security
The data which is exchanged between you and us is encrypted by a 256-bit SSL certificate. This corresponds to the standard used by banks for their online transactions. You can recognize this by the URL address of Ender Sport Trend Fashion which starts with https://, where ‘s’ means secured. This is accompanied by an icon in the form of a closed padlock. E-Payment from Postfinance is the secure e-payment solution for processing online payments over the Internet. The certified payment platform guarantees simple and secure credit and debit card payments for both the store operator and the cardholder.

16. Contact address for questions
Person in charge:

Ender Sport Trend Fashion AG
Via Maistra 26
CH-7500 St. Moritz
Tel.: +41 81 8333536
Mail: info@endersport.com

Supervisory Authority Switzerland:

Federal Public Information and Data Protection Commissioner, FDPIC.
Feldeggweg 1
CH-3003 Bern
https://www.edoeb.admin.ch/edoeb/de/home.html

17. Up-to-dateness and modification of this privacy policy
We may change or adapt this privacy policy at any time. The current version published on our website shall apply. Insofar as the data protection declaration is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.

June 1, 2023