Bontique for your company. The all-in-one platform for appreciation management.
Privacy Policy

With this data privacy declaration, we inform you which personal data we process in connection with our activities and operations, including our www.bontique.ch-website. In particular, we provide information on what for, how and where we process personal data. We also provide information about the rights of persons whose data we process.

For individual or additional activities and operations, further data protection declarations and other legal documents such as general terms and conditions (GTC), terms of use or conditions of participation may apply.

We are subject to Swiss data protection law and any applicable foreign data protection law, such as in particular that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognises that Swiss data protection law ensures adequate data protection.

1. Contact addresses

Responsibility for the processing of personal data:

Gubemo AG
Buckhauserstrasse 1
8048 Zurich

info@bontique.ch

We point out if there are other persons responsible for the processing of personal data in individual cases.

Data protection representation in the European Economic Area (EEA)

We have the following data protection representation pursuant to Art. 27 of the GDPR. The data protection representation serves as an additional point of contact for supervisory authorities and data subjects in the European Union (EU) and the rest of the European Economic Area (EEA) for enquiries in connection with the General Data Protection Regulation (GDPR):

VGS Datenschutzpartner UG
Am Kaiserkai 69
20457 Hamburg
Germany

info@datenschutzpartner.eu

2. Terms and legal basis

2.1 Terms

Personal data is any information relating to an identified or identifiable person. A data subject is a person about whom personal data is processed.

Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, acquisition, collection, deletion, storage, modification, destruction and use of personal data.

The European Economic Area (EEA) comprises the member states of the European Union (EU) as well as the Principality of Liechtenstein, Iceland and Norway. The General Data Protection Regulation (GDPR) refers to the processing of personal data as the processing of personal data.

2.2 Legal basis

We process personal data in accordance with Swiss data protection law, such as in particular the Federal Data Protection Act (FADP) and the Ordinance to the Federal Data Protection Act (FDPA).

We process personal data – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – in accordance with at least one of the following legal bases:

  • Art. 6 para. 1 lit. b GDPR for the necessary processing of personal data for the fulfilment of a contract with the data subject as well as for the implementation of pre-contractual measures.
  • Art. 6 para. 1 lit. f GDPR for the necessary processing of personal data in order to protect the legitimate interests of us or of third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests are, in particular, our interest in being able to carry out our activities and operations permanently, in a user-friendly, secure and reliable manner and to communicate about them, the guarantee of information security, protection against misuse, the enforcement of our own legal claims and compliance with Swiss law.
  • Art. 6 para. 1 lit. c GDPR for the necessary processing of personal data to comply with a legal obligation to which we are subject under any applicable law of Member States in the European Economic Area (EEA).
  • Art. 6 para. 1 lit. e GDPR for the necessary processing of personal data for the performance of a task which is in the public interest.
  • Art. 6 para. 1 lit. a GDPR for the processing of personal data with the consent of the data subject.
  • – Article 6(1)(d) of the GDPR for the necessary processing of personal data to protect the vital interests of the data subject or another natural person.

3. Nature, scope and purpose

We process the personal data that is required in order to be able to carry out our activities and operations in a permanent, user-friendly, secure and reliable manner. In particular, such personal data may fall into the categories of inventory and contact data, browser and device data, content data, meta or marginal data and usage data, location data, sales data and contract and payment data.

We process personal data for the period of time necessary for the relevant purpose(s) or as required by law. Personal data whose processing is no longer required is anonymised or deleted.

We may have personal data processed by third parties. We may process personal data jointly with third parties or transmit it to third parties. Such third parties are, in particular, specialised providers whose services we use. We also guarantee data protection for such third parties.

As a matter of principle, we only process personal data with the consent of the data subject, unless the processing is permitted for other legal reasons, for example to fulfil a contract with the data subject and for corresponding pre-contractual measures, to protect our overriding legitimate interests, because the processing is evident from the circumstances or after prior information.

In this context, we process in particular information that a data subject voluntarily and self-submits to us when contacting us – for example, by letter, email, instant messaging, contact form, social media or telephone – or when registering for a user account. We may store such information, for example, in an address book, in a customer relationship management system (CRM system) or with comparable tools. If you transmit data about other persons to us, you are obliged to ensure data protection vis-à-vis such persons and to ensure the accuracy of such personal data.

We also process personal data that we receive from third parties, obtain from publicly accessible sources or collect in the course of our activities and operations, if and to the extent that such processing is permitted for legal reasons.

4. Applications

We process personal data about applicants to the extent that it is necessary for assessing their suitability for an employment relationship or for the subsequent implementation of an employment contract. The necessary personal data results in particular from the information requested, for example in the context of a job advertisement. We also process personal data that applicants provide voluntarily, in particular as part of cover letters, CVs and other application documents.

5. Personal data abroad

We basically process personal data in Switzerland and in the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular in order to process it or have it processed there.

We may export personal data to all states and territories on earth as well as elsewhere in the universe, provided that the law there ensures adequate data protection according to the assessment of the Federal Data Protection and Information Commissioner (FDPIC) or according to the decision of the Swiss Federal Council and – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – according to the decision of the European Commission.

We may transfer personal data to countries whose law does not guarantee adequate data protection, provided that data protection is guaranteed for other reasons, in particular on the basis of standard data protection clauses or with other appropriate guarantees. Exceptionally, we may export personal data to countries without adequate or appropriate data protection if the special data protection requirements are met, for example the express consent of the data subjects or a direct connection with the conclusion or performance of a contract. We will be happy to provide data subjects with information about any guarantees or a copy of any guarantees on request.

6. Rights of data subjects

Data subjects whose personal data we process have the rights under Swiss data protection law. These include the right to information as well as the right to correction, deletion or blocking of the personal data processed.

Data subjects whose personal data we process may – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – request confirmation free of charge as to whether we are processing their personal data and, if so, request information about the processing of their personal data, have the processing of their personal data restricted, exercise their right to data portability and have their personal data corrected, deleted (“right to be forgotten”), blocked or completed.

Data subjects whose personal data we process may – if and insofar as the GDPR applies – revoke consent they have given at any time with effect for the future and object to the processing of their personal data at any time.

Data subjects whose personal data we process have a right of appeal to a competent supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

7. Data security

We take suitable technical and organisational measures to ensure data security appropriate to the respective risk. Unfortunately, however, we cannot guarantee absolute data security.

Our website is accessed using transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers indicate transport encryption with a padlock in the address bar.

Our digital communication – like all digital communication in principle – is subject to mass surveillance without any reason or suspicion, as well as other surveillance by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We cannot directly influence the corresponding processing of personal data by secret services, police agencies and other security authorities.

8. Use of the website

8.1 Cookies

We may use cookies. Cookies – both our own cookies (first-party cookies) and cookies from third parties whose services we use (third-party cookies) – are data stored in your browser. Such stored data need not be limited to traditional cookies in text form. Cookies cannot run programs or transmit malware such as Trojans and viruses.

Cookies can be stored in your browser temporarily as “session cookies” when you visit us or for a certain period of time as so-called permanent cookies. “Session cookies” are automatically deleted when you close your browser. Permanent cookies have a specific storage period. Cookies make it possible in particular to recognise your browser the next time you visit our website and thus, for example, to measure the reach of our website. Permanent cookies can also be used for online marketing, for example.

You can deactivate or delete cookies in full or in part in your browser settings at any time. Without cookies, our website may no longer be fully available. We actively request your express consent for the use of cookies – if and to the extent necessary.

In the case of cookies used for performance and reach measurement or for advertising, a general objection (“opt-out”) is possible for numerous services via AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

8.2 Server logfiles

We may collect the following information for each access to our website, provided that this information is transmitted by your browser to our server infrastructure or can be determined by our web server: Date and time including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including amount of data transferred, website last accessed in the same browser window (referer or referrer).

We store such information, which may also constitute personal data, in server log files. The information is necessary to provide our website in a permanent, user-friendly and reliable manner and to ensure data security and thus in particular the protection of personal data – also by third parties or with the help of third parties.

8.3 Tracking pixel

We may use tracking pixels on our website. Tracking pixels are also known as web beacons. Tracking pixels – including those from third parties whose services we use – are small, usually invisible images that are automatically retrieved when you visit our website. Pixel counters can be used to collect the same information as server log files.

9. Notifications and messages

We send notifications and communications by email and through other communication channels such as instant messaging or SMS.

9.1 Success and reach measurement

Notifications and messages may contain web links or tracking pixels that record whether an individual message has been opened and which web links have been clicked on. Such web links and tracking pixels may also track usage of notifications and communications on a personal basis. We need this statistical recording of usage for performance and reach measurement in order to be able to send notifications and messages effectively and in a user-friendly manner based on the needs and reading habits of the recipients, as well as permanently, securely and reliably.

9.2 Consent and objection

As a matter of principle, you must expressly consent to the use of your e-mail address and other contact addresses, unless such use is permitted for other legal reasons. For any consent, we use the “double opt-in” procedure where possible, i.e. you will receive an e-mail with a web link that you must click to confirm so that no misuse by unauthorised third parties can take place. We may log such consents including Internet Protocol (IP) address, date and time for evidence and security reasons.

In principle, you can object to receiving notifications and communications such as newsletters at any time. With such an objection, you can at the same time object to the statistical recording of use for performance and reach measurement. This is without prejudice to necessary notifications and communications in connection with our activities and operations.

9.3 Service provider for notifications and messages

We send notifications and messages with the help of specialised service providers.

10. Social Media

We are present on social media platforms and other online platforms in order to communicate with interested persons and to provide information about our activities and operations. In connection with such platforms, personal data may also be processed outside of Switzerland and the European Economic Area (EEA).

The General Terms and Conditions (GTC) and Terms of Use as well as data protection declarations and other provisions of the individual operators of such platforms also apply in each case. These provisions inform in particular about the rights of data subjects directly vis-à-vis the respective platform, which includes, for example, the right to information.

11. Services from third parties

We use third party services to enable us to carry out our activities and operations in a durable, user-friendly, secure and reliable manner. Such services may also be used to embed content on our website. Such services require your Internet Protocol (IP) address, otherwise the corresponding content cannot be transmitted.

For their own security, statistical and technical purposes, third parties whose services we use may process data related to our activities and operations in an aggregated, anonymised or pseudonymised manner. This is, for example, performance or usage data. We use in particular:

11.1 Digital infrastructure

We use third party services to provide us with the digital infrastructure we need in connection with our activities and operations. These include, for example, hosting and storage services from specialised providers.

In particular, we use:

11.2 Contact possibilities

We use third party services to better communicate with you and others such as customers.In particular, we use:

11.3 Audio and video conferences

We use audio and video conferencing services to communicate online. For example, we can use them to hold virtual meetings or online lessons and webinars. In addition to this privacy policy, any terms and conditions of the services used, such as terms of use or privacy policies, may also apply.

Depending on the life situation in which you participate in an audio or video conference, we recommend that you mute the microphone by default and blur the background or have a virtual background superimposed.

We use in particular:

11.4 Online collaboration

We use the services of third parties to enable online collaboration. In addition to this data protection declaration, any directly visible conditions of the services used, such as terms of use or data protection declarations, also apply.

We use in particular:

11.5 Social media functions and social media content

We use third party services and plugins to embed features and content from social media platforms and to enable sharing of content on social media platforms and in other ways. In particular, we use:

11.6 Audiovisual media

We use third party services to enable the direct playback of audiovisual media such as music or videos on our website.

In particular, we use:

11.7 Fonts

We use third party services to embed selected fonts as well as icons, logos and symbols on our website.

In particular, we use:

11.8 Advertising

We use the possibility of displaying targeted advertising for our activities and operations on third parties such as social media platforms and search engines.

With such advertising, we would like to reach in particular people who are already interested in our activities and operations or who might be interested in them (remarketing and targeting). For this purpose, we may transmit corresponding – possibly also personal – information to third parties that enable such advertising. We can also determine whether our advertising is successful, i.e. in particular whether it leads to visits to our website (conversion tracking).

Third parties with whom we advertise and where you are registered as a user may be able to assign the use of our online offer to your profile there.

We use in particular:

12. Extensions for the website

We use extensions to our website to provide additional functionality. In particular, we use:

13. Success and reach measurement

We use services and programs to determine how our online offering is used. For example, we may measure the success and reach of our activities and operations and the impact of third party links to our website. But we can also, for example, test and compare how different versions of our online offer or parts of our online offer are used (“A/B test” method). Based on the results of the performance and reach measurement, we can in particular correct errors, strengthen particularly popular content or make improvements to our online offer.

When using services and programs for performance and reach measurement, the Internet Protocol (IP) addresses of individual users must be stored. IP addresses are always shortened in order to comply with the principle of data economy through the corresponding pseudonymisation and to improve the data protection of visitors to our website (“IP masking”).

When using services and programs for performance and reach measurement, cookies may be used and user profiles may be created. User profiles include, for example, the pages visited or content viewed on our website, information on the size of the screen or browser window and the – at least approximate – location. As a matter of principle, user profiles are only created pseudonymously. We do not use user profiles to identify individual visitors to our website. Individual services with which you are registered as a user may be able to assign the use of our online offer to your profile with the respective service.

In particular, we use:

14. Final provisions

We have created this data protection declaration with the data protection generator of Datenschutzpartner.

We can adapt and supplement this data protection declaration at any time. We will inform about such adaptations and additions in an appropriate form, in particular by publishing the respective current data protection declaration on our website.

Terms and Conditions

1. SUBJECT MATTER OF THE AGREEMENT

These GTCs (hereinafter referred to as the Agreement) govern the terms and conditions of the sale of Bontique Checks offered by Gubemo to Customer and the processing of individual Bontique Checks orders.

Gubemo shall, in accordance with the terms of this Agreement, (i) sell Bontique Checks to Customerin its own name, (ii) accept payments from Customer for the Bontique Checks, and (iii) deliver the Bontique Checks to Customer.

2. DELIVERY

Postal (physical) deliveries of the Bontique Cheques will only be made within Switzerland to the address specified in the individual order. The delivery time is up to 10 working days.

Customer is obliged to accept the Bontique Checks and to check immediately whether the amount of the Bontique Check corresponds to the order and must notify Gubemo immediately in writing of any discrepancies.

3. PURCHASE PRICE AND INVOICING

The purchase price for the Bontique Checks corresponds to the respective value amount of the Bontique Check. Additional services on the part of Gubemo, such as printing costs or full-service work, will be charged to Customer.

Each individual order can be invoiced separately or as a collective invoice on a monthly basis.

Invoices from Gubemo must be paid by the Customer within 30 days of the date of the invoice.

4. PERFORMANCE OBLIGATIONS
4.1 Gubemo
The services to be provided by Gubemo are limited to the processing of the sale of Bontique Checks to Customer at the conditions stipulated in this Agreement and/or in the individual order.

The Bontique Checks entitle the end customers to purchase goods or services from the cooperation partners up to a maximum of the respective Bontique Checks amount during a certain period of time(24 months / extendable to 36 months), whereby a single Bontique Check can also be redeemed in partial amounts and at different cooperation partners.

4.2 Customer
Customer undertakes to pay the invoice amount for the Bontique Checks on time.Customer shall keep the Bontique Checks carefully and, when passing them on, shall expressly draw the end customers’ attention to the fact that the loss of a Bontique Check will not be replaced.

4.3 Refund
Refunds of payments made for unredeemed Bontique Checks are excluded.

5. WARRANTY

Gubemo guarantees the careful selection of its cooperation partners and excludes any further warranty obligations to the extent permitted by law. In particular, Gubemo shall not be liable for any deficiencies in the performance of the cooperation partners, insofar as these deficiencies in performance were not foreseeable at the time of the due diligence.

Furthermore, Customer acknowledges that Gubemo does not itself manufacture or offer the goods or services of the cooperation partners. Gubemo expressly excludes any warranty or liability for quality and content of the goods or services of the cooperation partners.

6. PROPERTY AND INTELLECTUAL PROPERTY RIGHTS

Gubemo retains all copyrights and other rights to its platform (accessible under www.bontique.ch) as well as to the content, information, images and videos published via its platform (hereinafter referred to as Protected Property). Any modification, reproduction, publication, disclosure to third parties and/or other exploitation of the Protected Property without the prior written consent of Gubemo is expressly prohibited.

7. FINAL PROVISIONS
7.1 Cancellation, amendments and supplements to this Agreement

The cancellation, amendments and/or additions to this Agreement (including this clause) as well as individual obligations hereunder must be in writing in order to be binding.

7.2 Severability Clause

If any provision of this Agreement is or becomes invalid or void, the validity of the remaining provisions shall not be affected thereby. In the event of the invalidity or nullity of a provision of this Agreement, such provision shall be replaced by a valid provision which comes as close as possible to the economic purpose of the invalid or void provision. The same procedure shall be applied in case of a contractual gap.

7.3 Waiver of individual rights

The failure to exercise, or the delay in exercising, any right(s) or remedy(s) under this Agreement shall not be deemed a waiver of such right(s) or remedy(s) nor a waiver of any other right(s) or remedy(s) under this Agreement.

7.4 Final Agreement

This Agreement, together with the respective individual orders, conclusively governs the transaction entered into between the parties and supersedes all prior oral and written agreements between the parties in this matter.

7.5 Notices

All notices required under this Agreement shall be in writing and shall be sent to the addresses specified in the individual order.

7.6 Assignment / Transfer

The rights and obligations under this Agreement may not be assigned or otherwise transferred in whole or in part to any third party without the written consent of the other party.

7.7 Applicable Law and Venue

This Agreement, including the question of its formation and validity, shall be governed exclusively by the substantive laws of Switzerland, excluding its conflict of laws rules and international conventions.

Any dispute arising out of or in connection with this Agreement, including the question of its formation and validity, shall be subject to the exclusive jurisdiction of the ordinary courts of Zurich City (venue being Zurich 1), Canton of Zurich, Switzerland.