Privacy Policy
- GENERAL
This Privacy Policy describes how your personal information is collected, used and shared when you visit powup.ch (the “Site”) or make a purchase there. This policy is established in accordance with the Federal Data Protection Act (FADP), which aims to protect the privacy of individuals by ensuring the security and confidentiality of personal data.
- PERSONAL DATA
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to our Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
In accordance with Article 4 of the Federal Data Protection Act, this information is treated as personal data. The processing of this data is carried out in strict compliance with the standards established by Article 13 of the LPD, ensuring that the processing is carried out in a lawful, fair and transparent manner. In addition, pursuant to Article 7, we implement all necessary technical and organizational measures to ensure the security and confidentiality of your personal data, thus avoiding any risk of unauthorized access or unlawful processing. This data collection and management practice aims to improve your experience on our Site, by personalizing your interaction and adapting our content to the trends observed among our users. We are committed to protecting your privacy and complying with all relevant legal provisions in force.
- COLLECTION AND PROCESSING OF YOUR PERSONAL DATA
3.1 Data Collection
We obtain your data in two ways: directly from you (for example, when you fill out a contact form) and automatically via our IT systems when you browse our site. The data collected automatically includes technical information such as the type of internet browser used, the operating system, and the time of your visit. This information is systematically collected as soon as you access our website.
3.2 Purposes of Processing
The processing of your personal data is intended to ensure optimal operation of our site and the execution of contracts, including the processing of payment transactions and the management of shipments. Your data is used exclusively for these purposes, in accordance with the requirements of the Federal Data Protection Act (FADP), Article 4 and Article 13.
3.3 Data Processed
The following information is collected and processed for the proper functioning of our website:
- Browser type
- Website from which you are visiting us
- Pages visited on our site
- Time spent on the pages of our site
- Date and time of access
- IP address
3.4 Data Relating to the Conclusion and Execution of Contracts
For the initiation and execution of contracts, we also process the following data:
- Date of birth*
- Mailing address*
- E-mail address*
- First and last name*
- Phone number
- Payment information*, detailed later in section 4 of this policy.
Personal data followed by an asterisk are mandatory for registration on the site. Users who do not wish to provide the information required to use the registration form will not be able to register directly from the site.
3.5 Registration and Use of Services
When you register on our site to access additional features, we process the data provided only to enable you to use the corresponding services. Any information required during registration must be completed in full, otherwise we will not be able to proceed with the registration. In the event of significant changes to the services or technical necessities, we will communicate with you via the email provided during registration.
3.6 Comment Function
For our comment function, we store, in addition to your comment, the date the comment was created and your email address. If you do not post anonymously, your username will also be saved.
3.7 Storage and Security
We use SSL or TLS encryption to secure the transmission of sensitive data on our site, such as your orders or requests, in accordance with current data protection legislation. You can identify a secure connection by the change in the address line of the browser from "http://" to "https://" and by the padlock symbol that appears in your browser.
3.8 Data Retention
Personal data provided to our company when using the website are retained only for the period necessary to achieve the purposes for which they were collected or until you withdraw your consent, unless there is a legal provision requiring a longer retention period. In accordance with the laws in force in Switzerland, in particular the provisions of commercial and tax law, the retention period for certain data may be up to 7 years.
3.9 Deletion of Data
Your personal data will be deleted as soon as their retention is no longer necessary for the purposes for which they were collected, unless we are required to retain them for longer periods by virtue of statutory retention periods in tax or commercial law. In such cases, the data will be retained until the expiry of these statutory periods. You have the right to revoke your consent to the processing of your data at any time, which will result in the deletion of the data, unless a legal obligation dictates their retention.
3.10 Transmission to Third Parties
Personal data may be transmitted to third parties only if this is necessary for the fulfillment of the purposes set out in this policy, to external service providers or other parties involved in the provision of the services offered on our site. Any transmission will be done in compliance with legal obligations and ensuring that third parties similarly respect the confidentiality and integrity of the data in accordance with Swiss data protection legislation.
3.11 Purpose of the Collection of Personal Data
The data collected during navigation, via the contact form or contact email, and during registration, are subject to automated processing for the purpose of:
- Confirm user identity
- Strengthen and improve the safety of the services offered
- Develop, administer, improve and maintain the website
- Personalize and enrich the user experience
- Communicating information and contacting users, including by email
- Customize Ads
- Apply the terms of use of the site
3.12 Legal Basis for Processing
The legal basis for the processing of your personal data is detailed in Section X of this Policy. This basis includes, among others, consent (pursuant to Art. 6, para. 1, lit. a, DPA) and the necessity for the performance of contracts (pursuant to Art. 6, para. 1, lit. b, DPA).
- PAYMENT DATA MANAGEMENT
4.1 Transaction Security
All payment transactions made by common means such as Visa/MasterCard or direct debit are secured by SSL or TLS encryption. You can identify a secure connection by the change in the address line of your browser from "http://" to "https://" and by the appearance of a padlock symbol. These measures ensure that your payment information, once transmitted, remains inaccessible to third parties.
4.2 Processing of Payment Transactions
If you provide us with your payment data, such as your account number for direct debits, following the conclusion of a paid contract, this information is essential for processing payments. This data processing is carried out in accordance with the principles of the Federal Data Protection Act (FADP), in particular those relating to the lawfulness of processing (Article 4) and data security measures (Article 7).
4.3 Payment Service Providers
We process and use personal data necessary for the performance of contracts or related to the management of your use of our services, in accordance with Article 13 LPD. This data includes data necessary to establish, adjust, or terminate a contractual relationship. The information collected is deleted once the order is completed or the business relationship is terminated, subject to legal retention obligations.
4.4 Transfer of Data for the Conclusion of Contracts
We only share your personal data with third parties in the context of the performance of contracts, for example with banks responsible for processing payments or logistics service providers for delivery. This sharing is limited to the necessary information and is done in strict compliance with Article 13 DPA, which stipulates that personal data may only be processed for the performance of a contract or pre-contractual measures.
- LEGAL BASIS FOR PROCESSING PERSONAL DATA
5.1 Consent
Your consent is required in accordance with Article 4 of the LPD for any processing of your personal data. You have the possibility to withdraw this consent at any time.
5.2 Execution of the Contract and Pre-contractual Measures
The processing of your personal data is necessary for the initiation, negotiation, and execution of a contract, which is covered by Article 5 paragraph 1 of the DPA. This includes the processing of information you provide via contact forms, which is stored to process the request and for any follow-up questions. We store this data until the reason for its storage expires, unless statutory retention obligations dictate otherwise.
5.3 Processing of Requests
Where the processing of your personal data is related to the performance of a contract or is necessary for pre-contractual measures, it is justified by Article 5 paragraph 1 of the DPA. Where the processing is based on legitimate interests, such as the efficient processing of requests, this is based on Article 13 of the DPA.
5.4 Compliance with Legal Obligations
The processing of your personal data may be necessary to comply with legal obligations, such as those dictated by tax law or Swiss commercial codes, requiring the retention of documents for a period of up to 10 years.
5.5 Data Retention
Personal data is retained only for the period necessary to achieve the purposes for which it was collected, or for as long as required by retention laws.
5.6 Legitimate Interests
The processing of personal data is also permitted if we have a legitimate interest in doing so, for example, to answer your requests or technically optimize our website. This processing is permitted under Article 13 of the DPA.
5.7 Disclosure of Personal Data to Third Parties
Your personal data will only be passed on to third parties if you have given your explicit consent, if this is necessary for the performance of a contract, or due to legal obligations, in accordance with Article 12 of the DPA.
5.8 Transfer of Data Outside Switzerland
Our Services may include components hosted in jurisdictions outside of Switzerland, such as the United States. We take appropriate measures in accordance with legal requirements to ensure the protection of your personal data in accordance with Swiss standards.
5.9 Consent for the Processing of Associated Data
We process your associated data (name, IP address, email) based on your explicit consent, in accordance with Article 4 of the DPA.
- COOKIES
When you first connect to our site, an information banner is displayed on your screen to inform you that data relating to your browsing may be recorded in the form of "cookies". Our cookie usage policy explains in detail the measures we have put in place for browsing our site. It specifically informs you about all the cookies used on our site, their purpose, and tells you how to configure them.
6.1 Use of Cookies and Tracers
We may install a cookie on the hard drive of your device (computer, tablet, mobile, etc.) to ensure smooth and optimal navigation on our website. Cookies are small text files limited in size that allow us to recognize your device in order to personalize the services we offer you. To give you a better understanding of the information collected by cookies, you will find below a table listing the different types of cookies used on our site, their name, their purpose, and their retention period.
6.2 Purpose of Cookies
Thanks to the information collected by cookies, we can analyze the traffic and use of the site and, potentially, facilitate and improve your navigation, produce commercial statistics, or offer you targeted advertising.
6.3 Managing Your Cookie Preferences
When you first connect to our site, a banner briefly informs you about the use of cookies and similar technologies and invites you to indicate your preferences. You give your consent to the use of cookies by clicking on "I accept", and you can refuse by clicking on "I refuse". Without any indication on your part, you will be considered as having refused cookies. Your choice is saved for a period of X months and can be modified at any time via your browser settings.
6.4 Cookies not Requiring Prior Consent
According to Swiss law, certain cookies essential to the operation of the site or facilitating electronic communication are authorized without prior consent. These include session cookies, authentication cookies, and those necessary for the security of the site.
6.5 Cookies Requiring Your Prior Consent
Cookies issued by third parties, such as audience measurement cookies, advertising cookies, and social media cookies require your prior consent. These cookies remain on your device until they are deleted or expire and their use is subject to their own privacy policies.
6.6 Duration of Storage of Cookies
Cookies are stored on your device for a maximum period of 12 months, after which the data is secured in accordance with current standards and in compliance with current legal provisions.
6.7 How to Refuse Cookies
You have the ability to set your browser to accept or decline cookies at any time. Browser settings can also be adjusted to prompt you to accept or decline cookies before a cookie is placed on your device. You can view our site without cookies, although some functionality may be reduced. For more information on managing cookies, you can consult your browser's help menu.
- ANALYSIS AND ADVERTISING TOOLS
7.1 Data Processing Agreement with Google
We have entered into a data processing agreement with Google and fully comply with the strict requirements of the Federal Data Protection Act (FADP) when using Google Analytics.
7.2 Google Analytics
Our website uses Google Analytics from Google Ireland Limited. This tool allows us to analyse user behaviour on our website, providing data such as pages viewed, length of visit, systems used, and origin of users. This data is compiled by Google into a user-related profile. Google Analytics uses technologies that enable user recognition to analyse user behaviour (e.g. cookies). The data collected by Google about your use of the website is generally transferred to and stored on a Google server in the United States. The use of this analysis tool is based on Article 13 of the DPA, motivated by our legitimate interest in analysing user behaviour to optimise our website and marketing. If consent has been given for the storage of cookies, this processing is also based on Article 4 of the DPA; this consent can be revoked at any time.
7.3 Google Ads
We use Google Ads to display ads in the Google search engine or on third-party sites, based on specific search terms or user data (e.g. location data and interests). This use is motivated by our legitimate interest in effectively promoting our services, in accordance with Article 13 of the Swiss DPA.
- INTELLECTUAL PROPERTY
8.1 Legal protection of the contents of the site
The contents of the site may be protected by copyright and database rights. Any reproduction, representation, translation, adaptation or transformation, partial or complete, carried out without the consent of the publisher or its beneficiaries constitutes an infringement of the legal provisions on intellectual property, and may result in legal action for violation of copyright. Infringements will be dealt with in accordance with the Federal Act on Copyright and Related Rights in Switzerland.
8.2 Contractual protection of the contents of the site
The user contractually undertakes not to use, reproduce or represent the contents of the site, whether or not protected by intellectual property rights, for purposes other than their consultation via a robot or a browser. This restriction does not apply to indexing robots used exclusively to scan and index the content of the site.
- FINAL CLAUSES
9.1 Modifications
This Privacy Policy may be modified at any time by the Publisher. The conditions applicable to the User are those in effect when connecting to the Site. In the event of a substantial modification to this policy, the User will be informed when connecting for the first time following these changes. The new privacy policy must be accepted by the User before continuing to use the site.
9.2 Integrity
If any provision of this Privacy Policy is held to be invalid or unenforceable, such invalidity shall not affect the validity or enforceability of any other provision. The parties shall endeavor to replace any invalid provision with a valid provision that most closely matches the original intent.
9.3 Non-waiver
The Publisher's failure to exercise any of its rights under this Policy shall not be deemed a waiver of such rights.
9.4 Language
This Privacy Policy is written in French. In the event of translation into another language, only the French version shall be authentic.
9.5 Non-abusive clauses
The provisions of this Policy are established in accordance with the mandatory provisions of Swiss legislation, in particular those relating to the protection of consumers against unfair clauses in contracts concluded between professionals and consumers.