uWeed
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Privacy Policy

Our Privacy Policy

Version: December 21st, 2020

The “uWeed®” Site available at the URL: https://uweed.ch (the “Website“) allows Users to purchase cannabidiol-based products (“CBD“) and all CBD-derived products such as skin care products, oils, cosmetics, dyes and various accessories (the “Products“).

Digital Hive GmbH (CHE-275.777.970), headquartered at Haldenstrasse 65, 8045 Zurich, Switzerland (the “Company” or “we” or “us”), has developed and made the Website available to Users.

We are aware that the Processing of your Personal Data implies great trust on your part, especially in view of the nature of our Products. We take this trust very seriously and make it our priority to ensure the utmost confidentiality and security of your Personal Data.

We have designed the Website with the protection of your Personal Data in mind. Please review this Privacy Notice (the “Notice“), as well as the Terms and Conditions of Sale (the “Terms of Sale“) and the Terms and Conditions of Use of the Site (the “Terms of Use“), which fully apply to your use of the Site.

Words defined in the Terms of Sale are incorporated into this Privacy Notice by reference, and vice versa. When you use the Website, you agree to comply with the Terms of Sale and consent to our data protection practices discussed below:

  1. DEFINITIONS

Consent means the manifestation of intent, freely, specifically, informed and unequivocally by which a Data Subject gives his or her agrees for his or her Personal Data to be Processed.

Controller means the person who decides on the purpose and content of the Personal Data and the Document and who is responsible for the Processing, in this case Digital Hive GmbH (CHE-275.777.970), with registered office at Haldenstrasse 65, 8045 Zurich, Switzerland.

Cookie(s) refers to a set of data, usually small in size and identified by name, that may be transmitted to your browser through by a web site you connect to when browsing on a website.

Data File means any set of Personal Data whose structure allows the data to be searched by Data Subject.

Data Subject means the natural or legal person about whom data are Processed. In the context of this Notice, it refers in particular to the User.

Personal Data means any information that relates to an identified or identifiable individual. This includes, but is not limited to, Personal Data and/or Sensitive User Data provided when creating a User Account, when browsing the Website or when the User fills out a Questionnaire. 

Processing (or to “Process”) refers to any operation relating to Personal Data – regardless of the means and processes used – including the collection, conservation, use, modification, modification, backup, use, communication, archiving, storage or destruction of data. Please note that the verb “process” refers to any of the above operations and is used in this Notice in a generic manner.

Sensitive Data means Personal Data on:

  1. religious, philosophical, political or trade union opinions or activities,
  2. health, intimacy or race,
  3. social assistance measures,
  4. criminal and administrative proceedings or sanctions.

Transmission means the fact of making Personal Data accessible, for example by authorizing their consultation, by transmitting them or by diffusing them through the Website.

Third Party means any individual or legal entity that is not the Company or the User whose Personal Data is Processed in accordance with this Notice.

Express reference is made to the Terms of Use for definitions not contained in this Notice. Definitions contained in the Terms of Use are incorporated by reference into this Notice.

2. DATA CONTROLLER

Digital Hive GmbH (CHE-275.777.970), whose registered office is located at Haldenstrasse 65, 8045 Zurich, Switzerland is the Controller of Personal of the Users of the Website.

3. OBJECTIVE OF THE NOTICE

The purpose of the Notice is to specify the procedures applicable to the Processing of your Personal Data. The Notice will apply to any use of the Website, regardless of the manner or means used. It details the conditions under which, when you use the Website, the Controller may Process your Personal Data.

4. PRINCIPLES REGARDING PROCESSING

When Processing Personal Data, the Company undertakes to comply with the following general principles:

4.1. Fairness and lawfulness

When Processing Personal Data, the individual rights of the Data Subjects will be protected by the Company. Personal Data must be collected and Processed lawfully, in a fair manner, in good faith and must be proportionate to the objective.

4.2. Restriction to a specific purpose

Personal Data handled by the Company shall be Processed adequately and in a manner which is limited to the purpose for which they are Processed. This requires, in particular, ensuring that the types of Personal Data collected are not excessive to the purpose for which they are collected. Subsequent changes to the purpose are only possible to a limited extent and require substantiation.

4.3. Transparency

The Data Subject must be informed of how his/her Personal Data is being handled by the Company. When the Personal Data is collected, the Data Subject must be informed of:

  • the existence of the present Notice;
  • the identity of the Controller;
  • the purpose of Processing the Personal Data;
  • how, where and by whom the Personal Data is being Processed;
  • Third-parties to whom the Personal Data might be transmitted.

4.4. Consent of the Data Subject

Personal Data must be collected directly from the Data Subject concerned and the Consent of the Data Subject may be required before the Processing of Personal Data. The Consent must be obtained in writing or electronically for the purposes of documentation. The Consent is valid only if given voluntarily. If, for any reason, the Consent of the Data Subject is not given before the Processing of Personal Data, the Company should be informed in writing as soon as possible after the beginning of the Processing.

Personal Data will only be Processed without Consent if it is necessary to assert a legitimate interest of the Company, for the execution of the contract between the User and the Company or if a national or international law or regulation requests, requires or permits it.

4.5. Accuracy

Personal Data kept on file must be correct and if necessary, it must be kept up to date. Inaccurate or incomplete Personal Data should not be kept on file and deleted.

5. CONSENT

You expressly Consent that your Personal Data and Sensitive Data (relating to your state of health) will be collected and Processed by the Company in its capacity as Controller. 

By using the Website, you acknowledge that you have read and understood this Notice and agree that your Personal Data and Sensitive Data are collected and Processed by the Company in accordance with this Notice and to comply with all applicable laws and regulations. 

Your Consent for the Processing of your Personal Data is given on the grounds of this Notice.

6. MODIFICATION OF THE NOTICE

The Company reserves the right to make changes to this Notice at any time.

In the event of any modification, you will be notified by e-mail or by notification (pop-up message) and your Consent with the changes in question will be required. If you do not agree with these changes, you may no longer access the Website and/or request the Company to delete your Personal Data and/or Sensitive Data. In this case, we ensure the portability of your Personal Data.   

7. PERSONAL DATA COLLECTED THROUGH THE WEBSITE

7.1 Creation of a User Account 

As a User, you must create a User Account in order to use the Website’s features and purchase Products. The creation of a User Account requires the provision of the following Personal Data:

  • your identity (last name(s), first name(s)) ; 
  • your date of birth;
  • your address;
  • your e-mail address;
  • your password; and
  • your phone number. (the “Registration Data”).

By using the Website, you Consent to us Processing your Registration Data in order to create a User Account on the Website and allow you to benefit from its features and Products. Registration Data also allows the Company to contact you in connection with your use of the Website.

7.2. Request of a Questionnaire

As a User, the Company may submit a Questionnaire to you describing your use of CBD, your medical situation, if any, and/or your opinion on the Company’s Products in order to target those that best suit you (the “Questionnaire Data”).

By using the Website and completing the Questionnaire, you Consent that the Company’s Processing of the Questionnaire Data contained therein and thereby authorize the Company to use the Questionnaire Data to provide you with the Products requested by you.  

7.3. Subscription of the Newsletter

As a User, you can subscribe to our Newsletter by providing the following Personal Data:

  • your preferred language for sending the Newsletter; and
  • your email address.

(the “Newsletter Data”)

By ticking the box “I subscribe to the Newsletter“, you expressly agree that the Company may use your Newsletter Data to send you by e-mail its Newsletter, as well as any other information relating to the Website.

If you decide to no longer receive our Newsletter, you can unsubscribe at any time by sending an email to the following address: [email protected]  or by clicking on the unsubscribe link present on the emails sent to Users by the Company.

7.4. Personal Data Processed in connection with the use of the Website or by emails

When you access, visit or browse the Website, the server automatically records details of your access and actions. This includes:

the date and time of your visit;

the browser you are using;

your IP address;

the place and time of your connection;

the amount of data transmitted;

the links you might follow;

the web pages and content you visit; and

the duration of such a consultation.

as well as any other similar information and statistics related to your interactions (scrolling, clicks, mouse movements) or the way you leave the Website.

When you visit the Website via a computer or cell phone, the Company will Process information from your computer or mobile phone, such as your operating system, type of device, browser used, dates and times of connection

When you visit the Website via a mobile phone, we automatically Process Personal Data relating to the type of device used, the operating system used and the identifier of your device.

These Personal Data are collected automatically in particular by Cookies (Performance and Tracking Cookies, Functional Cookies, Technical Cookies, Browser Cookies, etc.) and web tags. They are also collected and analysed by third party applications and tools, such as Google Analytics.

In particular, the Cookies we use enable us to Process the following Personal Data (the “Cookie Data“):

  • IP address ; 
  • browser;
  • browser version;
  • OS;
  • operating system version ;
  • device ;
  • screen resolution ;
  • referrer ;
  • referent type ;
  • input ;
  • input page ;
  • date and time of connection to the Website ;
  • browsing duration ;
  • place of consultation of the Website ;
  • time spent on the Website ;
  • page(s) consulted;
  • the language of the transaction;
  • language settings and preferences;
  • data relating to the pages consulted;
  • links you click on the Website; and
  • the available features or Products that you consult on the Website.

The Company will also record any information that you enter as part of your use of the Website.

You Consent that this Personal Data may be Processed by the Company for the purposes of (i) optimizing your User experience when you use the Website, (ii) tracking and analysing for statistical purposes the use of the Website to improve its functionality and ergonomics, and (iii) ensuring the security of the Website.

7.5. Personal Data Processed Through Electronic Communications Protocols

In addition to the items detailed above, the Company may Process information relating to your use of the Website through electronic communications protocols. The Company will receive from you information related to your connection, such as network routing information (where you are connecting from), information about your equipment (the browser you are using), and the time and day of your connection.

7.6. Contact with Customer care

As a User, you may contact Customer Care – by telephone, WhatsApp, email or chat – to obtain information about certain Products offered by the Company or for any questions relating to the Website.

When you contact Customer Care, you will be asked to provide Customer Care with information related to the Website:

  • your landline or cell phone number;
  • your order number; 
  • your e-mail address; and
  • your registration data. (the “Customer Care Data”)

7.7. Payment Data 

Users’ payments by credit card are processed by the payment provider, SIX Payment Services Ltd, Hardturmstrasse 201, 8005 Zurich (hereinafter referred to as the “Payment Provider“), under its sole responsibility.

The Company does not have access to the information provided in connection with the online payment of the Products.

However, you transmit the Payment Data to the Payment Provider in an encrypted manner via the Website, including (without limitation) credit card information such as:

  • the type of credit card ;
  • the name of the credit card holder;
  • credit card number;
  • the expiration date;
  • CVM. (the “Payment Data”)

User payments by bank transfer are operated through Zürcher Kantonalbank, Bahnhofstrasse 9, 8001 Zürich, under its sole responsibility.

We do not have access to credit card numbers. For all credit card payments, the Payment Provider uses a secure payment system; it is a SSL secure payment. You accept that the SSL payment system may contain defects or backdoors for which the Controller or the Payment Provider cannot be held responsible. The payment data you provide is encrypted before being sent to the Payment Provider’s server. 

The Payment Provider is solely responsible for credit card payments.

The payment service provider Zürcher Kantonalbank, Bahnhofstrasse 9, 8001 Zürich is solely responsible for making payments by bank transfer.

With regard to this Payment Data, the general terms and conditions and the privacy policies of the payment providers SIX Payment Services Ltd and Zürcher Kantonalbank, Bahnhofstrasse 9, 8001 Zürich apply exclusively.

We do not act as a financial intermediary or as a payment service provider for transactions that take place via the Website, as such transactions are processed exclusively by the payment service providers SIX Payment Services Ltd and Zürcher Kantonalbank, Bahnhofstrasse 9, 8001 Zürich. You Consent to the Company processing payments through external payment providers and to the transmission of your Personal Data to such payment providers for the sole purpose of completing the transaction.

You expressly agree to send your Payment Data directly to the payment providers SIX Payment Services Ltd and/or Zürcher Kantonalbank, Bahnhofstrasse 9, 8001 Zürich and to send any information requested by them.

You expressly agree to abide by the general terms and conditions of the payment providers SIX Payment Services Ltd and/or Zürcher Kantonalbank, Bahnhofstrasse 9, 8001 Zürich, which are responsible for processing payments by credit card and bank transfer, to pay them the commission provided for this purpose and to grant them all bank authorizations required to make payment with your credit card or bank transfer.

The Company is not responsible for the content of the privacy policies and general terms and conditions of the payment providers SIX Payment Services Ltd and Zürcher Kantonalbank, Bahnhofstrasse 9, 8001 Zürich.

8. USE OF THE PERSONAL DATA

This article defines the different purposes for which we Process your Personal Data, as well as the different types of Personal Data that are used for each purpose. Please note that not all of the uses below will be relevant for every User

In general, we Process your Personal Data in accordance with:

  • Applicable Laws;
  • to enable you to use the Website;
  • to enable you to contact Customer Care;
  • to perform the contract between you and the Company for the purchase and delivery of the Products;
  • to manage our business and operations; and
  • to communicate with you.

We also use your Personal Data for security purposes and to ensure the peaceful use of the Site by all Users. When considering the scope of our business, we must also Process some of your Personal Data to meet legal requirements and to comply with all applicable laws and regulations.

8.1. General

In general, the Company Processes your Personal Data mainly in order to offer and improve the Website and to provide quality features to Users.

Your Personal Data will be used for:

  • offer all the functionalities of the Website to the Users;
  • allow the correct execution of all the functionalities of the Website;
  • allow you to order the Products;
  • allow us to deliver the Products to you;
  • interact with Users;
  • respond to Users’ questions and comments through Customer Care; and
  • enable the Company to sell and deliver the Products.

The Company will also Process your Personal Data for the purposes of /of:

  • evaluating your eligibility to create a User Account;
  • responding to your requests;
  • continually improve the Website and/or its functionality;
  • on the basis of anonymized data, conducting studies and accumulating statistical data on the habits of Users;
  • to carry out anonymous provisional reports for internal use and/or for external partners;
  • manage your User Account;
  • respond to your Product requests;
  • to put you in touch with Customer Care;
  • answer your questions and emails;
  • send you a Newsletter when you subscribe to it;
  • prevent any illicit or illegal activities;
  • ensure the security of the Website;
  • ensure the operation and/or maintenance of the Website;
  • enforce the Terms of Sale; and
  • any other purpose that will be expressly indicated to Users at the time of Processing.

8.2. Consent

With your Consent, the Company may contact you in order to target your expectations in relation to the Products offered on the Website.

   a) Creation of the User Account

The creation of a User Account requires that you provide us with a certain amount of Personal Data listed in Article 7.1 above. Your Personal Data listed in the aforementioned article will be used for: 

  • enable us to create your User Account on the Website; 
  • manage your User Account; 
  • to enforce the Terms of Sale;
  • ensure the portability of your Personal Data; and
  • delete your Personal Data when requested to do so at the end of the retention period.

b) Interaction and Communication through Customer Care

The Personal data which is provided to contact you i.e. name(s), first name(s), postal and e-mail addresses, fixed and/or cell phone number will be used for: 

  • answer your questions and emails; 
  • better answer your requests; 
  • send you our Newsletter (provided you have subscribed to it); 
  • communicate useful information to you in relation to your activity (provided you have given your Consent); 
  • any communication required in connection with the Website and its features, including any changes to the Terms of Sale and/or this Notice.

c) Internal research, analysis and security

You Consent that we Process your Personal Data as listed in article 7.1 for statistical purposes and to make anonymous reports for internal use.

d) Rendering of the System account and maintenance

For operational and maintenance purposes, the Company or a Third Party may collect files that record your activity on the Site (system logs) or use other Personal Data (such as IP or MAC addresses) for this purpose.

In summary, the following uses of Personal Data are based on your Consent:

  • Registration Data;
  • Questionnaire Data;
  • Cookie Data; 
  • Electronic communication protocols;
  • Newsletter Data; and
  • Customer Care Data.

We use all the Personal Data mentioned above in order to give you access to the Website and its features, as well as to respond to your Requests for services and information. This generally requires the use of certain personal contact information and information regarding the subject of your request (e.g., technical problem, question/complaint, general question, etc.). 

The Company does not make any use of your Registration Data, Questionnaire Data or Customer Service Data itself, nor does the Company keep copies of them or disclose them to third parties without your prior Consent (subject to a legal obligation). 

You may revoke your Consent at any time for any use of your Personal Data by the Company.

Please note that the withdrawal of your Consent will not affect the legality of the Processing of your Personal Data carried out on the basis of your Consent prior to its withdrawal.

The Company cannot guarantee that your use of the Website will be the same as before withdrawal of your Consent.

8.3. Legitimate Interest

By browsing the Website, you agree that the Company has a legitimate interest in Processing the following Personal Data for security reasons, in particular to ensure a legal and peaceful use of the Website in full compliance with applicable laws and regulations:

  • your location of consultation of the Website;
  • the type of operating system you use;
  • your IP address through which you access the Internet; and
  • the date and time you access the Website.

This Personal Data is Processed by the Company to prevent potentially prohibited or illegal activities.

This Personal Data is Processed in order to know who has interacted with the Website and to ensure that there is no cybersecurity threat and in order to have a first verification of the User of the Website. If a cyber security threat occurs at any time, such Personal Data would allow us to identify the location of the threat.

In particular, we Process your Geographic Location Data to ensure that the Products and/or the Website will not be used in a country/area where it is expressly prohibited to use the Website and/or the Products in order to ensure that no legal action can be taken against the Company.

This Personal Data is also used to enforce the Terms of Sale. You agree that the Company has a legitimate interest in your full compliance with the Terms of Sale.

8.4. Execution of the agreement

By entering into a contract through the Website, you understand that the Company must Process your Personal Data in order to deliver the Products required by you. The Company may thus communicate your Personal Data to Third Parties for the purpose of enabling it to provide you with the Products (in particular Third Parties in charge of hosting your Personal Data and/or maintaining the Website). 

Your Personal Data is absolutely essential to carry out the contractual relationship between you and the Company.

By providing us with your Personal Data, you understand and agree that without it, we are unable to provide you with the Products. 

The execution of the contract binding the Parties justifies the Processing by the Company of the following Personal Data:

  • Registration Data; 
  • Questionnaire Data. 

You also understand that this Personal Data enables us to provide you with personalized support and to offer you Products adapted to your needs and/or previous orders.

8.5. Other legal motifs

We may also disclose your Personal Data to Third Parties in the following cases: 

  • in the presence of a legal obligation;
  • within the framework of legal proceedings;
  • in response to a request from a judicial or administrative authority;
  • to protect our rights, data, safety or property or the public; and
  • to enforce the Terms of Sale and/or the Terms of Use.

Your Personal Data may also be shared to respond to requests from legitimate government authorities or when required by applicable law, court order or government regulation, as well as when deemed appropriate for audits or to investigate or respond to a security claim or threat, or otherwise to defend the interests of the Company.

9. GOOGLE ANALYTICS

The Website may use Google Analytics, a web analytics service provided by Google Inc. (“Google“). Google Analytics uses Cookies, which are text files placed on your computer to help analyze how Users make use of the Website. 

The information generated by the Cookies about your use of the Website (including your IP address) will be transmitted to and stored by Google on servers in the United States of America. Google will use this information to evaluate your use of the Website, to compile reports on the Website activities for its editor and to provide other services related to the Website activity and the use of the Internet. 

Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not cross-reference your IP address with other data held by Google.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. However, a deactivation of this type may prevent the use of certain functions of the Site. By using the Website, you specifically agree to the processing of your Personal Data by Google in the manner and for the purposes described above.

To learn more about how you can opt out of being tracked by Google Analytics on the sites you visit, visit tools.google.com/dlpage/gaoptout.

10. DATA SHARING AND TRANSMISSION

Your Personal Data may be made accessible to persons in charge of the operation of the Website (administration, commercial, marketing, legal, system administration, employees) or to Third Parties (such as technical service providers, hosting, computer maintenance, postal and/or transport companies) mandated by the Company to Process this Personal Data.  The subcontractors are listed in Appendix 1.

The updated list of these external parties may be requested at any time from the Controller. The Company undertakes that the Personal Data will be Processed in accordance with this Notice.

Although the Company is able to share your Personal Data with its service providers, such as the host, the developer of the Site or its employees, we require that the Processing of your Personal Data by the latter is limited and carried out within the framework defined by this Notice.

11. HOSTING OF PERSONAL DATA

The Company undertakes not to communicate your Personal Data to other companies located abroad without having obtained your prior Consent or sufficient contractual guarantees.

Your Personal Data is hosted in England and/or Belgium and/or the Netherlands on the secure servers of WPEngine Inc, 504 Lavaca Street Suite 1000 Austin, Texas 78701, United States of America.

You expressly Consent to the processing of your Personal Data in England and/or Belgium and/or the Netherlands on the secure servers of WPEngine Inc, 504 Lavaca Street Suite 1000 Austin, Texas 78701, United States of America.

12. SECURITY

The Company undertakes to treat your Personal Data in an adequate manner and to take all technical and organizational measures to prevent fraudulent access, disclosure, modification or unauthorized destruction of your Personal Data. The Company also undertakes to ensure that subcontractors process your Personal Data in compliance with such measures.

The Company uses technology and security measures that meet applicable standards, rules and other procedures to protect your Personal Data from unauthorized access, misuse, disclosure, loss or destruction. Industry standard firewalls and password protection measures are also used to protect your personally identifiable information.

However, you acknowledge that the use of applications and new technologies is inherently insecure and that it involves risks to your Personal Data. The Company makes every effort to protect your Personal Data, but cannot guarantee or ensure that the Data you provide are safe and protected from system failures, particularly in the SSL protocol, theft and unauthorized access by Third Parties, for which we disclaim all responsibility.

It is your responsibility to ensure that the device you are using is properly secured and protected against malicious software such as Trojan horses, computer viruses and worms. You are aware that without adequate security measures (including a secure web browser configuration and up-to-date anti-virus software), there is a risk that the identification data and passwords you use to protect access to your Personal Data may be usurped by unauthorized third parties. 

In the event that your Personal Data has been improperly accessed by an unauthorized person or by a person who has appropriated it or if there is reason to believe that it has been improperly accessed, the applicable law requires us to notify you and we undertake to inform you without delay of any infringement by email or notification and to inform you of the Personal Data concerned.

13. DATA SUBJECT RIGHTS

As a User, you may ask the Company if it is Processing Personal Data about you, receive a copy of the Personal Data being Processed (for this purpose, the Company will require a copy of an official form of identification) and subsequently instruct the Company to correct any erroneous Personal Data and/or delete any Personal Data and/or Sensitive Data.

You may, at any time, request access to your Company Processed Personal Data, modification of any erroneous information or deletion of all your Processed Personal Data.

Any User may also withdraw his or her Consent to the Processing of his or her Personal Data at any time. 

The Company guarantees the portability of your Personal Data and undertakes to transfer your Personal Data to any Third Party service in case of a written request from you. 

If you wish to make use of any of these rights, please contact the Company at the following e-mail address: [email protected] . You may be asked to attach a copy of an official identity document (identity card, driver’s license or passport).

The exercise of these rights is free of charge, unless your request is unfounded or excessive, in particular if you have already exercised this right on several occasions during the last twelve months or if your request generates a significant amount of work for the Company. In such cases, the Company reserves the right to charge you an administrative fee.

The Company may refuse, restrict or delay the disclosure of your Personal Data when it is entitled to do so, in particular if such disclosure would significantly affect the rights and freedoms of Third Parties. Please note that any information copied by us may still remain for some time after your request for deletion in our backup system.

14. PROTECTION OF YOUR PERSONAL DATA FROM THE DESIGN AND BY DEFAULT

The Company implements, both at the time of determining the means of Processing and at the time of the Processing itself, appropriate technical and organizational measures, such as anonymization or, when this is not possible, pseudonymization, which must allow the implementation of data protection principles, including minimization, in an efficient manner and integrate the necessary guarantees for the Processing of your Personal Data in order to protect your rights.

The Company implements the necessary technical and organizational measures to ensure that, by default, only the Personal Data necessary for the fulfilment of the envisaged Processing are Processed. This obligation applies to the volume of Personal Data that we Process, the scope of the Processing, the duration of storage and access. These measures ensure that, by default, your Personal Data are not made accessible without your intervention to an undetermined number of Third Parties.

15. TIME TAKEN TO CONSERVE THE PERSONAL DATA

The Company will retain your Personal Data for a period of 5 (five) years from your last use of the Website, subject to a different duration agreed upon by mutual agreement and/or a request for deletion on your part.

16. DELETION OF DATA AND BACK-UP STORAGE

In principle, any Personal Data that has been collected through the Website will be deleted upon termination of the User Account or closing the Website, unless there is a legal obligation to retain such Personal Data.

All data that has been collected through the Website may be retained and remain recorded even after termination of the User Account, or closure of the Website, at least temporarily, in particular (inter alia) in the case of backup systems. 

Anonymous information or anonymized data may be stored without any limit. The Company is of course not responsible for Personal Data that has been shared on or referenced by other websites and applications other than the Website.

17. LINKS

If certain features of the Website include links to websites, webapps or applications owned by Third Parties, such websites, webapps or applications may not have the same privacy notice as this Notice.

If you choose to visit any of these Third Party websites, webapps or applications, you will be redirected to those Third Party websites, webapps or applications. We have no control over Third Party websites, webapps or applications and therefore recommend that you refer to the privacy statements of such websites, webapps or applications for information on their procedures for collecting, using and transmitting Personal Data.

The Company assumes absolutely no responsibility for the conduct of Third Party websites, webapps and applications. It also assumes no responsibility for the content of any general conditions and privacy policies drafted by these Third Parties.

18. THIRD PARTY PRIVACY POLICY

You understand and agree that you may be potentially bound by the privacy policies of Third Parties. You expressly agree that Company assumes absolutely no liability in connection with Third Party privacy policies.

In the event of any dispute relating to the Third Party Privacy Policies, you agree to release the Company (including its subsidiaries, and each of its respective officers, directors, employees, agents, shareholders, business partners, licensors and suppliers) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

19. COMPLIANCE WITH LAWS AND ENFORCEMENT

Where required by law, the Company works with government and judicial officials to enforce and comply with the law. In such cases, we will disclose all of your Personal Data to government officials, law enforcement officials and private parties as we deem appropriate and necessary to comply with our legal obligations to respond to legal actions or lawsuits (including, without limitation, subpoenas and fines), to defend the property and rights of the Company, to protect public safety or security or any person, or to prevent or deter any activity that may be considered or threatened to be illegal or subject to criminal prosecution.

Regarding compliance, please contact: [email protected] .

If the German and/or English versions of this document differ from the French version, only the French version is binding.

20. CONTACT DETAILS

The Company endeavours to answer any questions or concerns you may have regarding the Processing of your Personal Data. You may contact the Company at:

  • by mail to: Digital Hive GmbH , Haldenstrasse 65, 8045 Zurich, Switzerland; or
  • by email at: [email protected] .

If you believe that your Personal Data has been unlawfully Processed or that the Company has not met your expectations in this regard, you may complain to the competent authority. We encourage you to contact the Company with respect to any complaints or concerns, but you are entitled to address your complaints directly to the relevant authority.

21. APPLICABLE LAW

The Notice and all matters arising out of or relating to the Notice (including any non-contractual disputes or claims and their interpretation) shall be governed by Swiss law, excluding its conflict of law rules.

All disputes, claims or controversies between a User and the Company regarding any matter relating to this Notice shall be submitted exclusively to the competent courts of Lausanne, Switzerland, subject to appeal to the Swiss Federal Court.

ANNEX 1 – LIST OF SUB-PROCESSORS

  • Shopify Inc., 150 Elgin Street 8th Floor Ottawa, ON K2P 1L4, Canada
  • Aut O’Mattic A8C Ireland Ltd., 25 Herbert Place, Dublin 2, D02AY86, Ireland
  • WooCommerce Ireland Ltd., Coachhouse, Blackhall House, Blackhall, Balbriggan, Co. Dublin, K32 F963, Ireland
  • WP Engine Inc. , Irongate House, 22-30 Duke’s Place, London, EC3A 7LP, United Kingdom
  • SIX Payment Services AG, Hardturmstrasse 201, CH-8005 Zürich, Switzerland
  • Zürcher Kantonalbank, Bahnhofstrasse 9, Postfach, 8010 Zürich, Switzerland
  • Xero, 19-23 Taranaki Street, Te Aro, Wellington 6011, New Zealand
  • Post CH Ltd, Contact Center Post, Wankdorfallee 4, 3030 Bern, Switzerland
  • G3 Worldwide Mail (Switzerland) AG, Rohrerstrasse 102, 5000 Aarau, Switzerland
  • DPD (Schweiz) AG, Mülibachstrasse 41, 8107 Buchs, Switzerland
  • Intercom, Legal Department 55 2nd St., 4th Fl. San Francisco, CA 94105, USA
  • What’s App, 1601 Willow Road Menlo Park, California 94025, USA
  • Klaviyo, 125 Summer Street, Boston, MA, 02111, USA
  • Stamped.io, 68 Circular Road, #02-01, Singapore (049422), Singapore
  • mame webdesign hüttig, Zollstrasse 57, 8005 Zürich, Switzerland
  • Zapier Inc., 243 BUENA VISTA AVENUE #508, SUNNYVALE CA 94086, USA
  • Google, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA 
  • Cloudtalk, 37 W. 93RD ST #6, NEW YORK NY 10025, USA
  • WP Overnight BV (PDF invoices), Keilestraat 5A, 3029BP Rotterdam, The Netherlands
  • Yoast BV, Don Emanuelstraat 3, 6602 GX Wijchen, The Netherlands
  • Delicious brain (WP Migrate DB), Suite 200-252, 14 Court Street, Truro B2N 3H7, NS, Canada 
  • ServMask Inc. (All-in-One WP Migration), 16192 Coastal Highway, Lewes, Delaware 19958, USA
  • Rock Lobster, LLC (Contact Form 7), 665 Ridgewood Rd, Duluth, MN, 55804-1856, USA
  • WP Syntex (Polylang), 28 Allée Jean-Sebastien Bach, 38090 Villefontaine, France