Privacy Policy

The controller responsible for data processing is:
APU KUNTUR GmbH
Hafenstrasse 48
8280 Kreuzlingen
Switzerland

We are pleased that you are interested in our online shop. Protecting your privacy is very important to us. Below we provide you with detailed information on how we handle your data.

1. Access data and hosting

You can visit our websites without providing any personal information. Each time a webpage is accessed, the web server automatically stores only a so-called server log file, which contains, for example, the name of the requested file, your IP address, date and time of access, volume of data transferred and the requesting provider (access data), and documents the access. These access data are evaluated exclusively for the purpose of ensuring the trouble-free operation of the site and improving our offer. This serves to safeguard our overriding legitimate interests in the correct presentation of our offer within the framework of a balancing of interests. All access data are deleted no later than fourteen days after the end of your visit to the site.

Hosting
The services for hosting and displaying the website are partly provided by our service providers within the framework of processing on our behalf. Unless otherwise explained in this privacy policy, all access data and all data collected in forms provided for this purpose on this website are processed on their servers. If you have questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.

Our service providers are located and/or use servers in the following countries for which the Federal Council has determined an adequate level of data protection by decision: USA, Canada, New Zealand, Japan, United Kingdom.

The adequacy decision for the USA applies as the basis for transfers to third countries insofar as the respective service provider is certified. Until certification by our service providers, data transfers continue to be based on this basis: Standard Contractual Clauses of the European Commission.

Our service providers are located and/or use servers in these countries: Australia, India, Singapore. For these countries, the Federal Council has not determined an adequate level of data protection. Our cooperation is based on: Standard Contractual Clauses of the European Commission.

2. Data processing for contract handling and for making contact

2.1 Data processing for contract handling

For the purpose of contract handling (including inquiries regarding and handling of any claims arising from warranty rights, performance disruption rights and the right of withdrawal, as well as any statutory update obligations), we collect personal data if you voluntarily provide it to us as part of your order. Mandatory fields are marked as such because in these cases we absolutely need the data for contract handling and cannot dispatch the order without them. Which data are collected can be seen from the respective input forms.

Further information on the processing of your data, in particular on the transfer to our service providers for the purpose of order, payment and shipping processing, can be found in the following sections of this privacy policy. After complete processing of the contract, your data will be restricted for further processing and deleted after expiry of the retention periods under tax and commercial law, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this which is permitted by law and about which we inform you in this statement.

Merchandise management system
We use merchandise management systems of external service providers for order and contract processing. Our service providers act for us within the framework of commissioned processing. If you have questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.

2.2 Customer account

If you have given your consent by deciding to open a customer account, we use your data for the purpose of opening the customer account and storing your data for future orders on our website. You may delete your customer account at any time either by sending a message to the contact option described in this privacy policy or via a function provided for this purpose in the customer account. After deletion of your customer account, your data will be deleted unless you have expressly consented to further use of your data or we reserve the right to use data beyond this which is permitted by law and about which we inform you in this statement.

2.3 Contact

Within the framework of customer communication, we collect personal data to process your inquiries if you voluntarily provide this to us when contacting us (e.g. via contact form, live chat tool or email). Mandatory fields are marked as such because in these cases we absolutely need the data to process your contact request. Which data are collected can be seen from the respective input forms. After your request has been fully processed, your data will be deleted unless you have expressly consented to further use of your data or we reserve the right to use data beyond this which is permitted by law and about which we inform you in this statement.

3. Data processing for the purpose of shipping handling

For the purpose of contract performance, we pass on your data to the shipping service provider commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods. If you have questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.

Data transfer to shipping service providers for the purpose of shipping notification
If you have given us your express consent during or after your order, we will, on the basis of this, pass on your email address to the selected shipping service provider so that they may contact you before delivery for the purpose of shipment notification or coordination.
Consent may be revoked at any time by sending a message to the contact option described in this privacy policy. After revocation, we will delete the data provided by you for this purpose unless you have expressly consented to further use of your data or we reserve the right to use data beyond this which is permitted by law and about which we inform you in this statement. If you have questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.

4. Data processing for payment handling

When processing payments in our online shop, we work together with these partners: technical service providers, credit institutions, payment service providers.

4.1 Data processing for transaction handling

Depending on the selected payment method, we pass on the data necessary for handling the payment transaction to our technical service providers or to the commissioned credit institutions or to the selected payment service provider, insofar as this is necessary for processing the payment. This serves contract performance pursuant to Art. 6 para. 1 sentence 1 lit. b GDPR. In some cases, the payment service providers themselves collect the data required for processing the payment, e.g. on their own website or via a technical integration in the ordering process. In this respect, the privacy policy of the respective payment service provider applies.

Depending on the selected payment method, data may be transferred to third countries outside the EU/EEA for which the European Commission has determined an adequate level of data protection by decision. Insofar as data transfers take place to third countries outside the EU/EEA for which the European Commission has not issued an adequacy decision, the cooperation is based on Standard Contractual Clauses of the European Commission.

If you have questions about our partners for payment handling or the basis of our cooperation with them, please use the contact option specified in this privacy policy.

4.2 Data processing for the purpose of fraud prevention and the optimisation of our payment processes

Where appropriate, we provide the above-mentioned service providers with additional data which they use together with the data necessary for processing the payment for the purpose of fraud prevention and the optimisation of our payment processes (e.g. invoicing, handling disputed payments, supporting accounting). Pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR, this serves to safeguard our overriding legitimate interests within the framework of a balancing of interests in protection against fraud and in efficient payment management.

4.3 Instalment payment option

If the instalment payment option is selected and the required data protection consent is granted, personal data (first name, last name, address, email, telephone number, date of birth, IP address, gender) together with data required for transaction processing (product, invoice amount, due dates, total amount, invoice number, taxes, currency, order date and order time) are transmitted for the purpose of processing this payment method to our partner MF Group AG (POWERPAY), Kornhausstrasse 25, 9000 St. Gallen, Switzerland.
To verify the identity or creditworthiness of the customer, our partner carries out queries and obtains information from publicly accessible databases and credit agencies. Please refer to the privacy policy of our partner MF Group AG (POWERPAY), which you can find here, for the providers from whom information and, if applicable, creditworthiness information are obtained based on mathematical-statistical procedures, and for further details on the processing of your data after transfer to our partner MF Group AG (POWERPAY): POWERPAY – Privacy Policy
Our partner MF Group AG (POWERPAY) uses the information received about the statistical probability of a payment default for a balanced decision on the establishment, implementation or termination of the contractual relationship. You have the option of contacting our partner MF Group AG (POWERPAY) to present your point of view and contest the decision. The consent to data transfer given during the ordering process may be revoked at any time, even without stating reasons, with effect for the future.

Our service providers are located and/or use servers in the following countries for which the Federal Council has determined an adequate level of data protection by decision: Switzerland

4.4 Use of debt collection service providers

We pass on your data to a commissioned debt collection service provider, MF Group AG (POWERPAY), Kornhausstrasse 25, 9001 St. Gallen, Switzerland, insofar as our payment claim has not been settled despite prior reminder. In this case, the claim will be collected directly by the debt collection service provider. This serves contract performance as well as the safeguarding of our overriding legitimate interests within the framework of a balancing of interests in the effective assertion or enforcement of our payment claim.

Our service providers are located and/or use servers in the following countries for which the Federal Council has determined an adequate level of data protection by decision: Switzerland

5. Advertising by email

Email newsletter with registration and newsletter tracking
If you register for our newsletter, we use the data required for this purpose or separately provided by you in order to send you our email newsletter regularly on the basis of your consent.

You may unsubscribe from the newsletter at any time either by sending a message to the contact option described below or via a link provided for this purpose in the newsletter. After unsubscribing, we delete your email address from the list of recipients unless you have expressly consented to further use of your data or we reserve the right to use data beyond this which is permitted by law and about which we inform you in this statement.

We would like to point out that when sending the newsletter, we evaluate your user behaviour. For this purpose, we also analyse your handling of our newsletter by measuring, storing and evaluating open rates and click rates for the purpose of designing future newsletter campaigns (“newsletter tracking”).

For this evaluation, the emails sent contain one-pixel technologies (e.g. so-called web beacons, tracking pixels), which are stored on our website. For the evaluations, we link in particular the following “newsletter data”:

the page from which the page was requested (so-called referrer URL),
the date and time of the request,
the description of the type of web browser used,
the IP address of the requesting computer,
the email address,
the date and time of registration and confirmation

and the one-pixel technologies with your email address or your IP address and, if applicable, an individual ID. Links contained in the newsletter may also contain this ID.

If you do not want newsletter tracking, it is possible at any time to unsubscribe from the newsletter as described above.

The information is stored for as long as you are subscribed to the newsletter.

The newsletter and the newsletter tracking described above may also be sent by our service providers within the framework of processing on our behalf. If you have questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.

6. Cookies and other technologies

6.1 General information

In order to make visiting our website attractive and to enable the use of certain functions, we use technologies including so-called cookies on various pages. Cookies are small text files that are automatically stored on your end device. Some of the cookies we use are deleted again at the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your end device and enable us to recognise your browser on your next visit (persistent cookies).

Protection of privacy on end devices
When using our online offer, we use strictly necessary technologies in order to provide the expressly requested digital service. The storage of information on your end device or access to information already stored on your end device does not require consent in this respect.

Any downstream data processing by cookies and other technologies
We use such technologies that are absolutely necessary for the use of certain functions of our website (e.g. shopping cart function). Through these technologies, IP address, time of visit, device and browser information and information about your use of our website (e.g. information on the contents of the shopping cart) are collected and processed. Within the framework of a balancing of interests, this serves overriding legitimate interests in an optimised presentation of our offer.

In addition, we use technologies to fulfil the legal obligations to which we are subject (e.g. to be able to prove consent to the processing of your personal data) as well as for web analysis and online marketing. Further information on this, including the respective legal basis for data processing, can be found in the following sections of this privacy policy.

Where applicable, we also use technologies that are not listed individually in this privacy policy. More detailed information on these technologies, including the respective legal basis for the data processing, can be found on the Usercentrics platform.

You can access this by clicking the fingerprint button in the right or left lower corner of the page.

Cookie settings
You can find the cookie settings for your browser under the following links: Microsoft Edge™ / Safari™ / Chrome™ / Firefox™ / Opera™

If you have consented to the use of the technologies, you may revoke your consent at any time by sending a message to the contact option described in the privacy policy.
Alternatively, you can click the fingerprint button in the right or left lower corner of the page. If cookies are not accepted, the functionality of our website may be limited.

Use of Usercentrics Consent Management Platform for managing consents
On our website, we use the Usercentrics Consent Management Platform (“Usercentrics”) to inform you about the cookies and the other technologies that we use on our website, and to obtain, manage and document any legally required consent to the processing of your personal data by these technologies. This is necessary in order to fulfil our legal obligation to be able to prove your consent to the processing of your personal data, to which we are subject. Usercentrics is an offer of Usercentrics GmbH, Sendlinger Strasse 7, 80331 Munich, Germany, which processes your data on our behalf. When you visit our website, the web server of Usercentrics stores a so-called server log file, which also contains your anonymised IP address, date and time of the visit, device and browser information and information about your consent behaviour. Your data are deleted after three years unless you have expressly consented to further use of your data or we reserve the right to use data beyond this which is permitted by law and about which we inform you in this statement.

Our service providers are located and/or use servers in the following countries for which the Federal Council has determined an adequate level of data protection by decision: USA.

The adequacy decision for the USA applies as the basis for transfers to third countries insofar as the respective service provider is certified. Certification exists.

6.2 Information on third-country transfer (data transfer to third countries)

We use technologies from service providers on our website whose registered office and/or server locations may be in third countries outside Switzerland, the EU or the EEA. If there is no adequacy decision of the Federal Council for this country, an adequate level of data protection must be ensured by means of other suitable safeguards.

Suitable safeguards in the form of contractually agreed Standard Contractual Clauses of the EU Commission or binding internal data protection rules (Binding Corporate Rules) are generally possible, but require prior review by the contracting parties as to whether an adequate level of protection can be ensured. According to the case law of the ECJ, it may be necessary to take additional protective measures for this purpose.

As a matter of principle, we have agreed with the technology providers we use who process personal data in a third country the Standard Contractual Clauses issued by the EU Commission. Where possible, we also agree on additional safeguards intended to ensure that sufficient data protection is guaranteed in third countries without an adequacy decision.

Notwithstanding this, it may happen that despite all contractual and technical measures, the level of data protection in the third country does not correspond to that of Switzerland. In these cases, we ask you, if necessary, within the framework of cookie consent, for your consent to the transfer of your personal data to a third country.
In particular, there is the risk that local authorities in the third country may obtain access rights to your personal data which may not be sufficiently limited from a European data protection perspective, that we as data exporter or you as data subject may not become aware of this, and/or that you may not have sufficient legal remedies available to prevent this and/or to take action against such access.

In particular, the following countries currently count as third countries without an adequacy decision (example list):

USA
China
Russia
Taiwan

You can find out to which third countries data are transferred by us in the privacy notices of the respective tool used and/or of the consent management service / Consent Manager Platform (CMP) used by us.

7. Use of cookies and other technologies

We use the following cookies and other technologies from third-party providers on our website. Unless otherwise stated for the individual technologies, this is done on the basis of your consent. Once the purpose ceases to apply and we stop using the respective technology, the data collected in this context will be deleted. You may revoke your consent at any time with effect for the future. Further information on your revocation options can be found in the section “Cookies and other technologies”. Further information including the basis of our cooperation with the individual providers can be found with the individual technologies. If you have questions about the providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.

Use of Google services
We use the technologies of Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”) described below. The information automatically collected by the Google technologies about your use of our website is generally transferred to and stored on a server of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Unless otherwise stated for the individual technologies, the data processing takes place on the basis of an agreement concluded for the respective technology between joint controllers. Further information on data processing by Google can be found in Google’s privacy notices.

Our service providers are located and/or use servers in countries outside Switzerland for which the Federal Council has determined an adequate level of data protection by decision.

Our service providers are located and/or use servers in countries outside Switzerland. There is no adequacy decision of the Federal Council for these countries. Our cooperation with them is based on Standard Contractual Clauses of the European Commission.

Google Analytics
For the purpose of website analysis, data (IP address, time of visit, device and browser information and information on your use of our website) are automatically collected and stored by Google Analytics, from which usage profiles are created using pseudonyms. Cookies may be used for this purpose. As a rule, your IP address is not merged with other Google data. Data processing takes place on the basis of a data processing agreement with Google.

Google Tag Manager
Using Google Tag Manager, we can manage various codes and services on our website. When implementing the individual tags, Google may, under certain circumstances, also process personal data (e.g. IP address, online identifiers including cookies). Data processing takes place on the basis of a data processing agreement with Google.

The use of Google Tag Manager enables the integration of various services/technologies.
If you do not wish individual tracking services to be used and have therefore deactivated them, the deactivation remains in place for all affected tracking tags integrated by Google Tag Manager.

8. Integration of the Trusted Shops Trustbadge / other widgets

If you have given your consent, Trusted Shops widgets are integrated on this website to display Trusted Shops services (e.g. trustmark, collected reviews) and to offer Trusted Shops products for buyers after an order.

The Trustbadge and the services advertised with it are an offer of Trusted Shops SE, Subbelrather Str. 15C, 50823 Cologne (“Trusted Shops”), with whom we are jointly responsible under data protection law. In the following, we inform you about the essential contractual contents within the framework of these privacy notices.

Within the framework of the joint responsibility existing between us and Trusted Shops SE, if you have any data protection questions or wish to assert your rights, please preferably contact Trusted Shops using the contact options specified in the privacy information. Independently of this, however, you can always contact the controller of your choice. If necessary, your request will then be forwarded to the other controller for reply.

8.1 Data processing when integrating the Trustbadge / other widgets

The Trustbadge is provided by a US CDN provider (Content Delivery Network). An adequate level of data protection is ensured in each case by an adequacy decision of the Federal Council (available here). Service providers used from the USA are generally certified under the Swiss-U.S. Data Privacy Framework (“DPF”). Further information can be found here. If service providers used are not certified under the DPF, Standard Contractual Clauses have been concluded as a suitable safeguard.

When the Trustbadge is accessed, the web server automatically stores a so-called server log file, which also contains your IP address, date and time of access, amount of data transferred and the requesting provider (access data), and documents the access. The IP address is anonymised immediately after collection so that the stored data cannot be assigned to your person. The anonymised data are used in particular for statistical purposes and for error analysis.

8.2 Data processing after completion of the order

If you have given your consent, the Trustbadge accesses order information stored in your end device after the order has been completed (order sum, order number, if applicable purchased product) as well as your email address, and your email address is hashed by means of a cryptological one-way function. The hash value is then transmitted to Trusted Shops together with the order information.
This serves to check whether you are already registered for Trusted Shops services.
If this is the case, further processing takes place in accordance with the contractual agreement concluded between you and Trusted Shops. If you are not yet registered for the services or do not give your consent to automatic recognition via the Trustbadge, you will subsequently be given the opportunity to register manually for the use of the services or to conclude protection within the framework of your possibly already existing user contract.

For this purpose, after completion of your order, the Trustbadge accesses the following information stored in the end device you use: order sum, order number and email address. This is necessary so that we can offer you buyer protection. Data are only transmitted to Trusted Shops if you actively decide to conclude buyer protection by clicking the correspondingly designated button in the so-called Trustcard. If you decide to use the services, further processing is governed by the contractual agreement with Trusted Shops in order to complete your registration for buyer protection and to secure the order and, where applicable, to be able to send you review invitations by email afterwards.

Trusted Shops uses service providers in the areas of hosting, monitoring and logging for the purpose of ensuring trouble-free operation. Processing may take place in third countries (USA, United Kingdom and Israel). An adequate level of data protection is ensured in each case by an adequacy decision of the Federal Council (further information can be found here). Service providers used from the USA are generally certified under the Swiss-U.S. Data Privacy Framework (“DPF”). Further information can be found here. If service providers used are not certified under the DPF, Standard Contractual Clauses have been concluded as a suitable safeguard. Further information can be found here.

9. Social Media

Our online presence on Facebook (by Meta), Instagram (by Meta), YouTube, Pinterest, LinkedIn
If you have given your consent to the respective social media operator, when visiting our online presences on the above-mentioned social media, your data are automatically collected and stored for market research and advertising purposes, from which user profiles are created using pseudonyms. These may be used, for example, to place advertisements within and outside the platforms that presumably correspond to your interests. Cookies are generally used for this purpose. For detailed information on the processing and use of the data by the respective social media operator as well as a contact option and your related rights and settings options for protecting your privacy, please refer to the privacy notices of the providers linked below. If you still need help in this regard, you may contact us.

Facebook (by Meta) is an offer of Meta Platforms Ireland Ltd., Block J, Serpentine Avenue, Dublin 4, Ireland (“Meta Platforms Ireland”). The information automatically collected by Meta Platforms Ireland about your use of our online presence on Facebook (by Meta) is generally transferred to and stored on a server of Meta Platforms, Inc., 1601 Willow Road, Menlo Park, California 94025, USA. Data processing within the framework of visiting a Facebook (by Meta) fan page takes place on the basis of an agreement between joint controllers. Further information (information on Insights data) can be found here.

Our service providers are located and/or use servers in the following countries for which the Federal Council has determined an adequate level of data protection by decision: Brazil, USA, Canada, Japan, South Korea, New Zealand, United Kingdom, Argentina.

The adequacy decision for the USA applies as the basis for transfers to third countries insofar as the respective service provider is certified. Certification exists.

Our service providers are located and/or use servers in these countries: Australia, Hong Kong, India, Indonesia, Malaysia, Singapore, Thailand, Taiwan, Mexico. For these countries, the Federal Council has not determined an adequate level of data protection. Our cooperation is based on: Standard Contractual Clauses of the European Commission.

Instagram (by Meta) is an offer of Meta Platforms Ireland Ltd., Block J, Serpentine Avenue, Dublin 4, Ireland (“Meta Platforms Ireland”). The information automatically collected by Meta Platforms Ireland about your use of our online presence on Instagram is generally transferred to and stored on a server of Meta Platforms, Inc., 1601 Willow Road, Menlo Park, CA 94025, USA, Menlo Park, California 94025, USA. Data processing within the framework of visiting an Instagram (by Meta) fan page takes place on the basis of an agreement between joint controllers. Further information (information on Insights data) can be found here.

The adequacy decision for the USA applies as the basis for transfers to third countries insofar as the respective service provider is certified. Certification exists.

YouTube is an offer of Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). The information automatically collected by Google about your use of our online presence on YouTube is generally transferred to and stored on a server of Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA.

Our service providers are located and/or use servers in countries outside Switzerland for which the Federal Council has determined an adequate level of data protection by decision.

Pinterest is an offer of Pinterest Europe Ltd., Waterloo Exchange, 3rd Floor, Waterloo Road, Dublin 4, Ireland (“Pinterest”). The information automatically collected by Pinterest about your use of our online presence on Pinterest is generally transferred to and stored on a server of Pinterest, Inc., 505 Brannan St., San Francisco, CA 94107, USA.

Our service providers are located and/or use servers in countries outside Switzerland for which the Federal Council has determined an adequate level of data protection by decision.

LinkedIn is an offer of LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland (“LinkedIn”). The information automatically collected by LinkedIn about your use of our online presence on Pinterest is generally transferred to and stored on a server of LinkedIn Corporation, 1000 W. Maude Avenue, Sunnyvale, CA 94085, USA.

Our service providers are located and/or use servers in countries outside Switzerland for which the Federal Council has determined an adequate level of data protection by decision.

10. Contact options and your rights

10.1 Your rights

As a data subject, you have the following rights:

The right to request information about your personal data processed by us to the extent specified therein;
The right to request without undue delay the rectification of inaccurate or completion of your personal data stored by us;
The right to request the erasure of your personal data stored by us, unless further processing is required
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation;
- for reasons of public interest; or
- for the establishment, exercise or defence of legal claims;
The right to request restriction of processing of your personal data insofar as
- the accuracy of the data is contested by you;
- the processing is unlawful, but you oppose its erasure;
- we no longer need the data, but you need it for the establishment, exercise or defence of legal claims; or
- you have objected to the processing;
The right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request transmission to another controller;
The right to lodge a complaint with a supervisory authority. As a rule, you may contact the supervisory authority of your habitual place of residence or workplace or of our company headquarters for this purpose.

Right to object
Insofar as we process personal data as explained above in order to safeguard our overriding legitimate interests within the framework of a balancing of interests, you may object to this processing with effect for the future. If the processing is carried out for direct marketing purposes, you may exercise this right at any time as described above. Insofar as the processing is carried out for other purposes, you only have a right to object if there are grounds relating to your particular situation.

After you exercise your right to object, we will no longer process your personal data for these purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves the establishment, exercise or defence of legal claims.

This does not apply if the processing is carried out for direct marketing purposes. In that case, we will no longer process your personal data for this purpose.

10.2 Contact options

If you have any questions regarding the collection, processing or use of your personal data, for information, rectification, restriction or deletion of data, as well as revocation of consent given or objection to a specific use of data, please contact us directly using the contact details in our legal notice.

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