PRIVACY POLICY

BB GmbH, Mettmenstetterstrasse 9, 8912 Obfelden, Switzerland, is the operator of the website www.happy-smoke.ch and the services offered on it and is therefore responsible for the collection, processing and use of your personal data and the compatibility of the data processing with the applicable data protection law.

Your trust is important to us, which is why we take the issue of data protection seriously and ensure appropriate security. It goes without saying that we comply with the legal provisions of the Federal Data Protection Act (FADP), the Ordinance to the Federal Data Protection Act (FADP), the Telecommunications Act (TCA) and any other applicable data protection provisions of Swiss or EU law, in particular the General Data Protection Regulation (GDPR).

In order for you to know what personal data we collect from you and for what purposes we use it, please take note of the information below.

1. calling up our website

When you visit our website, our servers temporarily store each access in a log file. The following technical data is collected without your intervention, as is generally the case with every connection to a web server, and is stored by us until it is automatically deleted after 12 months at the latest:

the IP address of the requesting computer,
the name of the owner of the IP address range (usually your Internet access provider),
the date and time of the access,
the website from which the access was made (referrer URL), if applicable with the search word used,
the name and URL of the file accessed,
the status code (e.g. error message),
the operating system of your computer
the browser you use (type, version and language),
the transmission protocol used (e.g. HTTP/1.1).

The collection and processing of this data is done for the purpose of enabling the use of our website (connection establishment), to ensure system security and stability on a permanent basis and to enable the optimization of our Internet offering, as well as for internal statistical purposes. This is our legitimate interest in data processing within the meaning of Art. 6 para. 1 lit. f DSGVO.

2. opening of a customer account

To place orders in the online store, you can order as a guest or open a customer account. When registering for a customer account, we collect the following data:

- Salutation

- First and last name

- postal address

- e-mail address

- Phone number

- Date of birth

- Password

The data is collected for the purpose of providing the customer with password-protected direct access to his basic data stored with us. In it, the customer can view his completed and open orders or manage or change his personal data.

The legal basis for processing the data for this purpose lies in the consent given by you in accordance with Art. 6 (1) lit. a EU-DSGVO.

3. purchase in the online shop

If you wish to place orders in our online store, we require the following data for the processing of the contract:

- First and last name

- Billing address (and if different, delivery address)

- Payment details (depending on the selected payment method)

- Login data, i.e. e-mail address and password (for registered customers)

Unless otherwise stated in this Privacy Policy or you have separately consented to it, we will use the aforementioned data only to process the contract, namely to process your orders, deliver the ordered products and ensure correct payment.

The legal basis of data processing for this purpose is the fulfillment of a contract according to Art. 6 para. 1 lit. b EU-DSGVO.

4. disclosure of data to third parties

We only pass on your personal data if you have expressly consented to this, if there is a legal obligation to do so or if this is necessary to enforce our rights, in particular to enforce claims arising from the contractual relationship.

In addition, we pass on your data to third parties if this is necessary in the context of the use of the website and the execution of the contract (also outside the website), namely the processing of your order. This includes the respective transport service provider entrusted with the shipment of ordered goods. The website is hosted on servers in Switzerland. The data is passed on for the purpose of providing and maintaining the functionalities of our website. This is our legitimate interest within the meaning of Art. 6 para. 1 lit. f EU-DSGVO.

Finally, when you pay by credit card on the website, we forward your credit card information to your credit card issuer and to the credit card acquirer via the payment service provider Datatrans AG, Kreuzbühlstrasse 26, 8008 Zurich. If you decide to pay by credit card, you will be asked to enter all mandatory information. The legal basis for the transfer of data is the fulfillment of a contract according to Art. 6 para. 1 lit. b EU-DSGVO. Regarding the processing of your credit card information by these third parties, we ask you to also read the terms and conditions as well as the privacy policy of your credit card issuer.

5. transfer of data abroad

We are entitled to transfer your personal data for the purpose of the data processing described in this Privacy Policy also to third companies (contracted service providers) abroad. These are obligated to data protection to the same extent as we ourselves. If the level of data protection in a country does not correspond to that in Switzerland or the EU, we will ensure by contract that the protection of your personal data corresponds to that in Switzerland or the EU at all times.

6. cookies

Cookies help in many aspects to make your visit to our website easier, more pleasant and more meaningful. Cookies are information files that your web browser automatically stores on your computer's hard drive when you visit our website.

We use cookies, for example, to offer you the shopping cart function across multiple pages and to temporarily store your entries when you fill out a form on the website so that you do not have to repeat the entry when you call up another sub-page. Cookies may also be used to identify you as a registered user after you have registered on the website, without requiring you to log in again when you access another sub-page.

Most Internet browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a message always appears when you receive a new cookie.

Deactivating cookies may mean that you cannot use all the functions of our website.

7. tracking

For the purpose of demand-oriented design and continuous optimization of our website, as well as the control of advertising measures on external platforms, we use so-called tracking links, e.g. for Google Analytics.

These tracking links are delivered via the Google Tag Manager. You have the option of deactivating the Google Tag Manager under this link and thus blocking all tracking links across the board. Please note that a cookie will be set for this purpose. The use of the online store is not affected by the blocking.

Tracking links are used by us for:

- Google Analytics

For the purpose of demand-oriented design and continuous optimization of our website, we use the web analytics service of Google Analytics. In this context, pseudonymized usage profiles are created and small text files stored on your computer ("cookies") are used. The information generated by the cookie about your use of this website is transmitted to the servers of the providers of these services, stored there and processed for us. In addition to the data listed in section 1, we may receive the following information as a result:

Navigation path taken by a visitor to the site,
length of stay on the website or sub-page,
the sub-page on which the website is left,
the country, region or city from which access is made,
terminal device (type, version, color depth, resolution, width and height of the browser window), and
returning or new visitor.

The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to website and internet use for the purposes of market research and demand-oriented design of this website. This information may also be transferred to third parties if this is required by law or if third parties process this data on our behalf.

The provider of Google Analytics is Google Inc, a company of the holding company Alphabet Inc, based in the USA. Before the data is transmitted to the provider, the IP address is truncated by activating IP anonymization ("anonymizeIP") on this website within the Member States of the European Union or in other contracting states to the Agreement on the European Economic Area. The anonymized IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. In these cases, we ensure through contractual guarantees that Google Inc. maintains a sufficient level of data protection. According to Google Inc., in no case will the IP address be associated with other data concerning the user.

For more information about the web analytics service used, please visit the Google Analytics website. Instructions on how to prevent the processing of your data by the web analysis service can be found at http://tools.google.com/dlpage/gaoptout?hl=de.

We would like to point out to users residing in a member state of the EU that the USA does not have a sufficient level of data protection from the perspective of the European Union - among other things due to the topics mentioned in this section. To the extent that we have explained in this Privacy Policy that recipients of data (such as Google) are located in the U.S., we will ensure, either through contractual arrangements with these companies or by ensuring that these companies are certified under the EU or Swiss-US Privacy Shield, respectively, that your data is protected at an appropriate level with our partners.

8. notice on data transfers to the USA

For the sake of completeness, we would like to point out for users resident or domiciled in Switzerland that there are surveillance measures in place in the USA by US authorities which generally allow the storage of all personal data of all persons whose data has been transferred from Switzerland to the USA. This is done without any differentiation, limitation or exception based on the objective pursued and without any objective criterion that would make it possible to limit the access of the U.S. authorities to the data and their subsequent use to very specific, strictly limited purposes that are capable of justifying the intrusion associated both with the access to these data and with their use. Furthermore, we would like to point out that in the U.S. there are no legal remedies available to data subjects from Switzerland that would allow them to gain access to the data concerning them and to obtain its correction or deletion, or that there is no effective judicial legal protection against general access rights of U.S. authorities. We explicitly draw the attention of the data subject to this legal and factual situation so that he or she can make an appropriately informed decision to consent to the use of his or her data.

We would like to point out to users residing in a member state of the EU that, from the perspective of the European Union, the USA does not have a sufficient level of data protection - among other things due to the issues mentioned in this section. Insofar as we have explained in this Privacy Policy that recipients of data (such as Google) are based in the USA, we will ensure either through contractual arrangements with these companies or by ensuring that these companies are certified under the EU or Swiss-US Privacy Shield that your data is protected with our partners with an appropriate level.

9 Right to information, correction, deletion and restriction of processing.

You have the right to obtain information about the personal data that we store about you upon request. In addition, you have the right to correct incorrect data and the right to delete your personal data, provided that this does not conflict with a legal obligation to retain the data or a permissible circumstance that allows us to process the data.

You can contact us for the aforementioned purposes via the e-mail address info@bbgmbh.ch. For the processing of your requests, we may, at our discretion, require proof of identity.

10. data security

We use appropriate technical and organizational security measures to protect your personal data stored by us against manipulation, partial or complete loss and against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

You should always treat your access data confidentially and close the browser window when you have finished communicating with us, especially if you share a computer with others.

We also take internal company data protection very seriously. Our employees and the service companies commissioned by us have been obligated by us to maintain confidentiality and to comply with the provisions of data protection law.

11. storage of data

We store personal data only as long as it is necessary to use the tracking and analysis services mentioned above as well as further processing within the scope of our legitimate interest. Contractual data is stored by us for a longer period of time, as this is required by legal retention obligations. Retention obligations that require us to retain data result from accounting regulations and tax regulations. According to these regulations, business communication, concluded contracts and accounting vouchers must be kept for up to 10 years. As far as we no longer need this data to perform services for you, the data will be blocked. This means that the data may then only be used for accounting and tax purposes.

12. right to complain to a data protection supervisory authority

You have the right to complain to a data protection supervisory authority at any time.

Status: April 3, 2021