Privacy Policy
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Privacy Policy

Privacy Policy

PRIVACY POLICY

 

  1. Introduction and applicable law

In this document “Jardin des Monts Sàrl” (Jardin des Monts), which is the body responsible for processing your data (the data controller), sets out its policy on privacy and data processing.

We should first explain that you may write to the data controller at any time at the following address: Jardin des Monts, Chemin du Mont 7, 1658 Rossinière, Switzerland.

Jardin des Monts is a herbalist specialising in mountain plants. It offers products of very high quality to its many customers.

Jardin des Monts therefore processes its customers’ personal data in order to fulfil its commitments. Personal data collected by Jardin des Monts are not shared with other companies, except IT service providers, which store but do not process data.

In addition to this privacy policy, processing of the data of Swiss customers is subject to Swiss law, in particular the Federal Act on Data Protection (FADP, RS 235.1) and the Ordinance to the Federal Act on Data Protection (RS 235.11). With respect to the data of Jardin des Monts’ customers and visitors to its website established in the European Union, Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), also applies to processing of the data of customers established in the European Union.

In this privacy policy, the term “personal data” means any information in any format and on any medium relating to an identified or identifiable natural personal, in particular by reference to name, the number of an identity document, location data etc.

This privacy policy is part of the general terms and conditions which govern the relationship between Jardin des Monts and its customers. Therefore, as a customer, when you register with us (and we collect data relevant to customers) you acknowledge and accept that Jardin des Monts will process, collect, store, use and transfer your personal data in accordance with this privacy policy.

This privacy policy applies to the processing of personal data related to past, present and future customers of Jardin des Monts, obtained in particular through the sales relationship.

  1. Type of personal data collected by Jardin des Monts

Jardin des Monts processes the following types of personal data:

  1. Last name, first name, sex, personal or business address, email address and telephone number;
  2. Data on purchases made, in particular the date of the order and the delivery, the quantity of products ordered and the frequency of orders;
  3. Credit card and bank account details;
  4. Any information, comments or content that customers may provide on their marketing preferences, in response to questionnaires on customer satisfaction, as part of research, surveys, response to a promotional offer or on the website of Jardin des Monts or a third party;
  5. Data collected during log-in to the Jardin des Monts website, during an exchange of emails or when registering for a newsletter.

 

Jardin des Monts does not collect data defined under the law of some countries as sensitive in relation to protection of private life (such as personal data enabling an individual’s racial or ethnic origin, political opinions, religious or other similar beliefs, membership of a trade union or professional association, state of mental or physical health, medical history, genetic data, sexual preferences or criminal record to be identified or deduced).

By accepting this policy, you expressly consent to the processing of any personal data you supply to Jardin des Monts, provided that they are processed in accordance with the policy. Except where required by law, you are under no obligation to provide any type of personal data to Jardin des Monts, and if you choose not to do so this will not prevent you from purchasing products from Jardin des Monts.

  1. When does Jardin des Monts collect customers’ personal data? 

Most of the personal data processed by Jardin des Monts are from information voluntarily provided by customers or their representatives when:

  • Customers buy Jardin des Monts’ products, from either the website or third party establishments;
  • Customers interact with Jardin des Monts, in particular via the website, by telephone or letter, using social media, or in any other way;
  • Under certain circumstances, Jardin des Monts may process personal data that it has been able to deduce from other information provided or during interactions between Jardin des Monts and customers;
  • Jardin des Monts sometimes receives customers’ personal data from a third party.

This policy applies regardless of the way Jardin des Monts obtains customers’ personal data, including data received from a third party.

When you visit the Jardin des Monts website, it collects information on the way you use it. This information may, for example, include the IP address automatically assigned to your computer each time you browse the internet, the date and time of your visit, the pages you visit and the time you spend on each page, the type of web browser you use, your device’s operating system and the URL address of other websites you visit before and/or after the Jardin des Monts website.

This information is not linked to customers unless a user profile is created but Jardin des Monts keeps traces of the devices used.

Jardin des Monts does not currently use cookies on its website.

Jardin des Monts uses Google Analytics to analyse use of its website but takes no responsibility for any data processing undertaken by this service provider.

  1. How and why does Jardin des Monts use its customers’ personal data?

In compliance with applicable legislation, Jardin des Monts processes, collects, uses and discloses any relevant element of its customers’ personal data for the following purposes:

  1. To respond to orders and requests from customers;
  2. To manage orders;
  3. To respond to requests for information and services, including for services sought by customers and provided by a third party;
  4. To send out newsletters, marketing documents and promotional offers relating to Jardin des Monts’ products;
  5. To undertake market research, customer satisfaction surveys and quality assurance;
  6. To comply with legal and regulatory requirements, in particular in relation to archiving and consultation of data.

Jardin des Monts will not use data under any circumstances except insofar as required for the above purposes.

  1. Legal basis for the processing of personal data

Jardin des Monts processes customers’ personal data only in ways permitted by law. It generally uses personal data in the following circumstances:

  1. When necessary to meet an order or make a delivery or to meet any other contractual obligation under a contract agreed with customers;
  2. To fulfil Jardin des Monts’ legal obligations, in particular in relation to data archiving and storage;
  3. When customers have consented after being duly informed.
  4. For how long are data stored?

Jardin des Monts stores customers’ personal data only to the extent and for the period required:

  • To deliver the above-mentioned services requested by customers;
  • In order to use the previously-mentioned monitoring, marketing and analytical services established in the interest of Jardin des Monts;
  • To enable Jardin des Monts to fulfil its legal obligations.

Jardin des Monts stores data for a longer period when this is necessary in order to meet legal requirements for the archiving of data. Jardin des Monts’ archiving obligations, which include obligations on data storage, arise in particular from accounting and fiscal legislation.

Under these rules, commercial communications, agreed contracts and accounting documents should be kept for ten years.

Jardin des Monts in any event undertakes regular checks to ensure that data are not stored for longer than necessary.

 

  1. Links to third party websites

If, while visiting the Jardin des Monts’s website, you decide, for example, to make a reservation or buy a gift voucher, you may be redirected to other websites, managed by third parties with which Jardin des Monts has a contract for the delivery of services to its customers.

  1. Security

Jardin des Monts adopts appropriate technical and organisational security measures to protect customers’ personal data against manipulation, partial or total loss, destruction or unauthorised access by third parties. These security measures are continuously updated in line with technological developments.

You are advised always to respect the confidentiality of payment information and to close the browser window after completing your transaction with Jardin des Monts, particularly when you are using a shared computer. Jardin des Monts takes the need to protect data within the company very seriously.

Its staff and service providers are subject to an obligation of confidentiality and are also required to comply with data protection legislation.

Because the security of personal data is important, Jardin des Monts uses Secured Socket Layer (“SSL”) software to encrypt the personal data you supply. If your web browser is compatible with the SSL protocol, the personal data you send us online will be encrypted. You can confirm that the data sent are encrypted by checking that a locked padlock icon appears on the bar at the bottom of the browser window or by ensuring that the web page address starts with “https”. If neither the padlock nor “https” appears, you cannot be sure that personal data will be encrypted before being sent.

  1. Right of access, rectification, erasure and restriction of processing (right to data portability)

You always have the right to choose the personal data you supply to Jardin des Monts and even to object to processing of your personal data.

Jardin des Monts affords you the following rights provided by the GDPR, unless equivalent rights are already provided under the FADP:

  • Right of access in accordance with Article 15 of the GDPR,
  • Right to rectification in accordance with Article 16 of the GDPR,
  • Right to erasure in accordance with Article 17 of the GDPR,
  • Right to restriction of processing in accordance with Article 18 of the GDPR,
  • Right to data portability in accordance with Article 20 of the GDPR,
  • Right to object in accordance with Article 21 of the GDPR.

The above-mentioned rights are subject to any restrictions placed on them by the GDPR and by relevant national laws, whether or not such laws concern data protection.

In connection with the provision of the services offered by Jardin des Monts, you will be invited to consent to the collection, processing, transmission and use of your personal data by ticking the relevant box.

You may of course withdraw your consent at any time, but this will not affect the legality of processing based on the consent and undertaken before it was withdrawn.

Requests for withdrawal may be made in writing to Jardin des Monts, Chemin du Mont 7, 1658 Rossinière, Switzerland.

However, data may be affected if certain information is not sent.

Erasure or restriction of processing of all or some personal data may restrict Jardin des Monts’ ability to meet its customers’ expectations.

Customers have the right, on request and free of charge, to obtain any information on personal data processed by Jardin des Monts.

Customers have the right to have inaccurate data rectified and to have personal data erased, provided there is no legal requirement for archiving of the data or legal authorisation for the data to be processed.

You can unsubscribe from our marketing emails at any time and change the arrangements and extent of this service in line with your preferences. All marketing emails contain a link for this purpose.

Customers also have the right to receive the personal data they have provided in a structured, commonly used and machine-readable format (data portability).

Notwithstanding the above, Jardin des Monts reserves the right to store certain data where there is a legal requirement for archiving or legal authorisation to process the data.

  1. Right to complain to a data protection supervisory authority (GDPR)

Customers have the right to complain to a competent data protection supervisory authority if they consider that the processing of personal data is in violation of data protection law.

  1. General

Jardin des Monts reserves the right to adapt and change this privacy policy from time to time without informing its customers.

Customers are therefore advised to consult the Jardin des Monts website regularly, particularly when placing new orders.

If you have further questions about the processing of personal data, Jardin des Monts can be contacted at the following email address: info@jardindesmonts.ch; or the following postal address: Jardin des Monts, Chemin du Mont 7, 1658 Rossinière, Switzerland.