Privacy Policy

Contact forms

We offer you the opportunity to contact us directly contact[at]bymaria.ch and, for example, to submit questions and suggestions about our online offer or to take part in sweepstakes. The personal data collected (eg name, first name, address, e-mail) are used exclusively for the purpose indicated.

If you have any questions regarding the processing of your personal data, please use the contact details on the acknowledgment of receipt of your message or contact us on: privacy[at]bymaria.ch.

Data that you submit to us, we delete as soon as storage is no longer required.

Cookies

What are cookies?

Cookies are small text files that are sent when you visit a website and stored in the browser of the user. If the corresponding Internet page is called up again, the browser of the user sends back the content of the cookies and thus allows the user to be recognized.

How long are cookies stored in the browser?

Certain cookies are automatically deleted after the end of the browser session (so-called session cookies), others are stored for a predetermined time or permanently in the user’s browser and then delete themselves (so-called temporary or permanent cookies).

Prevent the use of cookies or delete cookies

Via the following link you can see the status of the activation regarding cookies of different providers and contradict the collection or evaluation of your data by their cookies:
www.youronlinechoices.com/de/praferenzmanagement

A central contradiction possibility for different cookies in particular US-American offerers is also attainable under the following link:
optout.networkadvertising.org

Alternatively, most browsers can use the keyboard shortcut Ctrl + Shift + Delete (Ctrl + Shift + Delete) to open a corresponding settings window.

Which cookies do we use and for what purpose?

We use cookies to make our website more user-friendly and to measure and evaluate the use of our offer. Some elements of our website require that the calling browser be identified even after a page break. In addition, we use cookies on our website that allow an analysis of the surfing behavior of users.

Essential cookies

Certain cookies are required in order for us to securely deliver our online offer. Cookies fall into this category, for example:

  • which serve to identify or authenticate our users
  • temporarily store certain user entries (eg content online forms)
  • the specific user preferences (eg save search or language settings)
  • save the data to ensure trouble-free playback of video or audio content.

Analysis cookies

We use analysis cookies in order to be able to statistically evaluate the user behavior (eg visited subpages, requested search queries) of our users.

Tracking cookies in connection with social plugins

The integration of social plugins regularly leads to the providers of the plugins storing cookies.

Logfiles

Each time you use the Internet, your Internet browser automatically transmits certain data and stores it in so-called log files.

  1. Information about the browser type and version use
  2. The operating system of the user
  3. The internet service provider of the user
  4. The IP address of the user
  5. Date and time of access
  6. Websites from which the system of the user reaches our website
  7. Websites that are accessed by the user’s system through our website
  8. Name of the retrieved file
  9. Transferred amount of data
  10. Message if polling succeeds

The log files are stored by us for the purpose of detection of malfunctions and for security reasons. They are stored for up to 10 days and then deleted. Log files whose further storage is required for evidential purposes are excluded from the deletion until the final clarification of the respective incident and can in individual cases be forwarded to the investigating authorities.

Newsletter / Push messages

We offer you the opportunity to subscribe to newsletters and push messages. You agree to receive newsletters and push messages.

If you no longer wish to receive newsletters and push messages, you can revoke your consent at any time. Please use the respective opt-out option or contact us on: privacy[at]bymaria.ch.

In connection with newsletter / push messages, By Maria uses third-party solutions. These include, for example:
The Rocket Science Group (MailChimp).

Privacy Policy Customer Platform

This document describes how we collect, use, disclose and safeguard your personal information on our platform. If you have any questions relating to this policy, please do not hesitate to contact us on privacy[at]bymaria.ch.

How We Collect Personal Information

We strive to only collect personal information necessary to conduct business as a premier retailer of tailor-made women’s shoes.

The type of personal information we collect includes:

  • Your full name and contact details (such as phone and email).
  • The name, address and contact details of the person who will take delivery of the product.
  • Your billing information.
  • Sizing measurements.
  • Any personal information you disclose to us when you complete an online form on our website www.bymaria.ch, or send us via email.

Using And Disclosing Your Personal Information

Any personal information which is collected will be used and disclosed only to provide you with the products and services you’ve requested, or otherwise to carry out our business including communicating information about our products and services to you. We may need to share personal information with our service providers, some of whom provide us with marketing assistance. However, these service providers are only permitted to use the personal information as directed by us. If we share information with any other trusted parties for their own use, we will do so only if we believe they offer products or services that may be of interest to you and will share the information only in de-identified form.

We will not under any circumstances disclose personal information about you to a third party unrelated to our business, unless such a disclosure is authorized or required by law, or you have expressly consented to such a disclosure.

If you are subscribed to receive promotional material from us, we may send you such material periodically. You may unsubscribe from receiving this material at any time.

We may periodically send all members surveys or company announcements. These messages are separate to our newsletters, but you may also unsubscribe at any time by following the included instructions.

Third Party Advertising

Third party vendors, including Google, show our ads on sites on the internet.

Third party vendors, including Google, use cookies to serve ads to you based on your prior visits to our Website.

You may opt out of Google’s use of cookies by visiting the Google advertising opt-out page.

Accessing And Editing Your Personal Information

We will take all reasonable steps to ensure any personal data we collect, use or disclose is up to date and accurate.

Your personal information is accessible and editable by logging in to your By Maria account. You may log in and edit this information at any time.

You may ask us to provide you with details of the personal information we hold about you, and copies of that information. We will respond to your request and attempt to provide you with the data within 30 days of receipt of your request.

If we provide you with copies of the information you have requested, we may charge you a reasonable fee to cover the administrative costs of providing you with that information.

Please direct all request for access and correction to privacy[at]bymaria.ch.

Securing And Storing Your Personal Information

We are committed to maintaining the confidentiality of the information you have provided to us and we take all reasonable precautions to protect your personal information from unauthorized use or alteration.

Your personal information may be stored by us both electronically and in hard copy form. We take all necessary measures to ensure the security of your information in both these forms.

Overseas Disclosure

We may, in the course of providing products and services, disclose personal information to overseas entities.

Those overseas entities are likely to be located in the following countries: United States and Colombia.

More Information

If you would like more information about the way we manage your personal information please contact us privacy[at]bymaria.ch.

Changes To Our Privacy Policy

From time to time it may be necessary for us to revise our privacy policy. Any changes will be made in accordance with the Swiss Federal Data Protection Act (DPA) and the Data Protection Ordinance (DPO). We may notify you about changes to this privacy policy by posting an updated version on our Website.

Further information about the Swiss Federal Data Protection Act (DPA) and the Data Protection Ordinance (DPO) is available on the Federal Council website at: https://www.admin.ch.

Mailing List Terms And Conditions

As a condition of joining our mailing list, you consent to us sending you Promotional Emails. In this document, ‘Promotional Emails’ includes product information, new offers and information about By Maria. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button at the bottom of our emails.

Please note that, to the extent that they are applicable, our general Terms and Conditions and privacy policy also apply to members of our mailing list.

If you do not agree with any part of our privacy policy or any of our Terms and Conditions, you must leave this Website immediately.

Social Plugins (Plugins)

What are plugins?

Plugins enable the integration of social media into By Maria’s online offer for the benefit of our users. The various providers of plugins are summarized below under the term “plugin providers”.

By default, the functions of the plugins are disabled to prevent the automatic transfer of user data to the providers. Only by clicking the plug-in (Shariff plug-in) by the user or the user is activated and data is transmitted. Log files (including the IP address) are transmitted from your Internet browser directly to a server of the respective plug-in provider and possibly stored there. This server can be located outside the EU or the EEA (eg in the USA).

Prevent activation of plugins?

If you do not want to share data between yourself and social media, you should opt out of social media before using By Maria’s online offerings. In addition, you should enable private mode in the privacy settings of your browser.

In addition, disabling or restricting cookies in your browser settings also helps prevent third parties from understanding your usage behavior. Basically, you can completely prevent the plugins from being loaded with add-ons for your browser, so-called script blockers.

Does By Maria have any influence on the extent of data processing by the plugins?

The plug-ins represent independent extensions of the plug-in providers. By Maria therefore has no influence on the extent of the data collected and stored by the plug-in providers via the plug-ins. If one of the mentioned plugin providers has set cookies for you, it can log your surfing behavior and create detailed user profiles using tracking data.

Further information on the purpose and extent of the survey as well as the further processing and use of your data by plug-in providers as well as your rights and options for the protection of your data can be found in the privacy policy of the respective provider. As part of our online offer, we use social plugins (“plugins”) from the following providers:

  • Facebook social networking plug-ins: Facebook will be available at www.facebook.com from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA, and at www.facebook.com from Facebook Ireland Limited, Hanover Reach, 5 7 Hanover Quay, Dublin 2, Ireland operated (“Facebook”). An overview of the plugins of Facebook and their appearance can be found here: http://developers.facebook.com/docs/plugins; Information on data protection on Facebook can be found here: https://www.facebook.com/privacy/explanation
  • Twitter plug-ins: Twitter is operated by Twitter Inc., 1355 Market St., Suite 900, San Francisco, CA 94103, USA (“Twitter”). An overview of Twitter’s plug-ins and their looks can be found here: https://twitter.com/about/resources/buttons; Information about privacy on Twitter can be found here: https://twitter.com/en/privacy
  • Google+ social plug-ins and YouTube: Google+ is operated by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). For an overview of Google+ plugins and their looks, see: https://developers.google.com/+/plugins; Information about privacy on Google+ can be found here: https://developers.google.com/+/web/buttons-policy
  • Pinterest Plugins: Pinterest is operated by Pinterest Inc, 808 Brennan St, San Francisco, CA 94103, USA (“Pinterest”). For an overview of Pinterest’s plugins and their look, see: https://developers.pinterest.com/tools/widget-builder/; Information on data protection at Pinterest can be found here: https://policy.pinterest.com/en/privacy-policy
  • Instagram plugins: Instagram is operated by Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA (“Instagram”). An overview of Instagram’s plugins and their looks can be found here: http://blog.instagram.com/post/36222022872/introducing-instagram-badges; Information about privacy on Instagram can be found here: https://help.instagram.com/155833707900388/

User Generated Content

We integrate functionalities in the online offer of By Maria that allow our users to produce and publish their own contributions. This integration is important for By Maria in order to actively involve users in media design. The functionalities require that the users register and consent to the processing.

The contributions of the users (user generated content) are personal data. They are stored in a log file and serve exclusively their original purpose, eg as a forum, commentary, chat or blog post. Once storage is no longer required, they will be deleted.

All content on the website is hosted by By Maria servers.

Web analytics tools

We need statistical information about how to use our online offering to make it more user-friendly and market research.

For this purpose, we use the following web analytics tools. The usage profiles created by the tools using analytic cookies or by evaluating the log files are not merged with personal data. The tools either do not use IP addresses of users or shorten them immediately after the survey. The providers of the web analysis tools process data only as an order processor according to our instructions and not for their own purposes.

You will find information about the respective provider for each web analysis tool and how you can object to the collection and processing of data by the tool. For tools that work with opt-out cookies, it should be noted that the opt-out function is device or browser-related and in principle applies only to the currently used terminal or the browser used. In addition, you can prevent the creation of usage profiles altogether by generally deactivating the use of cookies.

  • Google Analytics: Google Analytics is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). We use Google Analytics with the additional feature offered by Google for the anonymization of IP addresses: Google’s IP address is usually already shortened within the EU and only in exceptional cases in the US and in any case only in abbreviated form, You can object to the collection or analysis of your data by this tool by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en

Client Privacy Notice

Controller

The controller is By Maria, Windenweg 5, 6345 Neuheim, Switzerland.

General

By Maria considers it important that its website users are informed as to when, for what purposes and which personal data are processed.

By Maria reserves the right to amend this Privacy Notice from time to time. You should therefore read this Privacy Notice regularly. The date of the then-current version (valid from) may be found at the beginning of the Privacy Notice.

What are personal data?

Personal data means any information relating to an identified or identifiable natural person (e.g., name, address, telephone number, date of birth or email address).

In general, you can use our website without providing any personal data. The use of certain website services may require personal data to be provided, for instance in order to sign up for a newsletter, to leave a comment in our forum or to purchase shoes within our customer platform.

Personal data are therefore not processed as a matter of course, but rather only under certain circumstances and for specific purposes.

When are personal data processed in connection with BY MARIA’s website?

In order to provide the By Maria’s online services, By Maria or third parties process personal data in connection with:

  • Websites: Personal data are processed using log files, cookies, analysis tools, and plugins of social media and other providers.
  • Customer platform: Personal data are processed to enable users to access our customer platform and purchase shoes within our web shop customer platform.
  • User generated content: Personal data are collected through our customer platform and processed in the form of user generated content.
  • Contact form: Personal data are processed via contact forms in order to deal with requests of website users, including requests from our customers.
  • Newsletter: Distribution of newsletters newsletter

For what purposes are personal data processed?

  • Optimising the website (e.g., market research and internet audience measurement)
  • Personalising the website for users
  • Enabling users to access our customer platform and purchase shoes within our web shop
  • Distribution of newsletters
  • Dealing with requests, complaints and enquiries of users and customers
  • Ensuring data security for the users of our website

On what legal basis does By Maria process personal data?

Insofar as we obtain your consent to process personal data, your consent serves as the legal basis. This is the case for example in connection with our newsletter or if you use our designer platform.

We also process your personal data on the basis of our legitimate interest. This includes processing for purposes of:

  • optimising and personalising our website
  • dealing with your requests, complaints and enquiries
  • granting access to our customer platform to enable users to produce and publish their own contributions
  • ensuring data security for the users of our website

When you order shoes within our customer platform, we need to process your personal data for the performance of the contract we concluded with you. This includes processing which is necessary prior to entering into a contract.

To the extent personal data is processed based on a legal obligation, this serves as the legal basis. This may be the case for example relating to the disclosure of personal data to third parties or storage or retention periods.

The disclosure of personal data to third parties

Is personal data disclosed to third parties?

In general, we only disclose your personal data to third parties insofar as it is necessary for the performance of the contract, we have a legitimate interest in doing so or you have provided your consent.

Furthermore, your data may be disclosed to third parties insofar as we may be obliged to do so pursuant to legal provisions or an enforceable administrative or court order.

Are third parties used for processing data?

We use third party service providers for data processing. Service providers are generally involved as so-called “processors”, who may only process the personal data of the users of our website in accordance with our instructions. For example, your email address may be passed along to a service provider in order for it to send you a newsletter you requested.

Is personal data sent to recipients in a third country (outside Switzerland, the EU or the EEA)?

We also provide personal data to third parties that are not based in the EU/EEA or Switzerland. In this case, we ensure prior to disclosure either that the recipient provides an adequate level of data protection (e.g., on the basis of an adequacy decision for the relevant country, self-certification by the recipient for the EU-U.S. Privacy Shield, the application of standard contractual clauses of the European Union). In order to perform the contract we have concluded with you (based on your initiative), we need to disclose your personal data to our partner (walking with sense foundation) in Colombia.

We can provide you with an overview of the third country recipients along with a copy of the terms specifically agreed to in order to ensure an adequate level of data protection. Please use the details provided in the Contact section to do so.

Duration of storage and retention periods

For how long does By Maria retain the personal data?

We store your data for as long as is necessary in order to provide our website services and the related services or for as long as we have a legitimate interest in continuing storage. In all other cases, we delete your personal data, with the exception of any data that we are required to retain in order to comply with legal obligations (e.g., retention obligations).

Rights of users

What are your rights as a data subject?

  1. Right of access: Users have the right to request confirmation from the controller as to which personal data concerning them is being processed and whether these data are being transmitted to a third country.
  2. Right to rectification: Users have the right to request the controller to correct any incorrect or incomplete personal data relating to them.
  3. Right to erasure: Users have the right to request the controller to erase promptly any personal data relating to them if these data are no longer necessary for the purposes for which they were collected or processed. The same applies if the data subject withdraws consent or objects to the processing in absence of an overriding legitimate interest of the controller or if these data are being unlawfully processed. The data subject may additionally execute this right in case where the controller is subject to a legal obligation to delete these personal data or when the personal data have been collected in the context of information society services.
  4. Right to restriction of processing/: Users have the right to request the controller to restrict processing.
  5. Right to withdraw consent: Users have the right at any time to withdraw their consent to the processing of any personal data relating to them for any specific purpose or purposes if that processing is based on their express consent. The withdrawal of consent will not affect the lawfulness for the processing on the basis of that consent carried out prior to the withdrawal of consent.
  6. Right to object: Users have the right at any time to object to the processing of any personal data relating to them if the processing occurs on the basis of the legitimate interest of the controller or of a third party. Where personal data are processed for direct marketing purposes, users have an absolute right to object to such processing at any time.

Right to lodge a complaint with the supervisory authority

You have the right to lodge a complaint with a data protection authority. In order to do so, you may contact the data protection authority competent for your place of residence or your federal state, or the data protection authority competent for us. This is:

Eidgenössischer Datenschutz- und Öffentlichkeitsbeauftragter
Feldeggweg 1
CH-3003 Bern
Telefon: +41 (0)58 462 43 95

How can you exercise your rights?

In order to exercise your rights, please contact: privacy[at]bymaria.ch. Further information may be found under Contact Forms.

Data protection contact

Please do not hesitate to contact us by email via privacy[at]bymaria.ch for any information or with any suggestions regarding data protection.

If you wish to contact us, you may reach us as follows:

By Maria
Windenweg 5
6345 Neuheim (CH)Street
Tel: +41799565333
Email: privacy[at]bymaria.ch

Designer Privacy Notice

Controller

The controller is By Maria, Windenweg 5, 6345 Neuheim, Switzerland.

General

By Maria considers it important that its website users are informed as to when, for what purposes and which personal data are processed.

By Maria reserves the right to amend this Privacy Notice from time to time. You should therefore read this Privacy Notice regularly. The date of the then-current version (valid from) may be found at the beginning of the Privacy Notice.

What are personal data?

Personal data means any information relating to an identified or identifiable natural person (e.g., name, address, telephone number, date of birth or email address).

In general, you can use our website without providing any personal data. The use of certain website services may require personal data to be provided, for instance in order to sign up for a newsletter, to leave a comment in our forum or to design shoes in our designer platform.

Personal data are therefore not processed as a matter of course, but rather only under certain circumstances and for specific purposes.

When are personal data processed in connection with BY MARIA’s website?

In order to provide the By Maria’s online services, By Maria or third parties process personal data in connection with:

  • Websites: Personal data are processed using log files, cookies, analysis tools, and plugins of social media and other providers.
  • User generated content: Personal data are collected through our designer platform and processed in the form of user generated content.
  • Designer platform: Personal data are processed to enable designers to use our designer platform.
  • Contact form: Personal data are processed via contact forms in order to deal with requests of website users, including requests from our designers.
  • Newsletter: Distribution of newsletters newsletter

For what purposes are personal data processed?

  • Optimising the website (e.g., market research and internet audience measurement)
  • Personalising the website for designers
  • Enabling designers to use our designer platform so they can present their shoe designs and profile
  • Distribution of newsletters
  • Dealing with requests, complaints and enquiries of users and designers
  • Ensuring data security for the users of our website

On what legal basis does By Maria process personal data?

Insofar as we obtain your consent to process personal data, your consent serves as the legal basis. This is the case for example in connection with our newsletter or if you use our designer platform.

We also process your personal data on the basis of our legitimate interest. This includes processing for purposes of:

  • optimising and personalising our website
  • dealing with your requests, complaints and enquiries
  • granting access to our designer platform to enable designer to produce and publish their own contributions and desings
  • ensuring data security for the users of our website

When you design shoes within our designer platform, we need to process your personal data for the performance of the contract we concluded with you. This includes processing which is necessary prior to entering into a contract.

To the extent personal data is processed based on a legal obligation, this serves as the legal basis. This may be the case for example relating to the disclosure of personal data to third parties or storage or retention periods.

The disclosure of personal data to third parties

Is personal data disclosed to third parties?

In general, we only disclose your personal data to third parties insofar as it is necessary for the performance of the contract, we have a legitimate interest in doing so or you have provided your consent.

Furthermore, your data may be disclosed to third parties insofar as we may be obliged to do so pursuant to legal provisions or an enforceable administrative or court order.

Are third parties used for processing data?

We use third party service providers for data processing. Service providers are generally involved as so-called “processors”, who may only process the personal data of the users of our website in accordance with our instructions. For example, your email address may be passed along to a service provider in order for it to send you a newsletter you requested.

Is personal data sent to recipients in a third country (outside Switzerland, the EU or the EEA)?

We also provide personal data to third parties that are not based in the EU/EEA or Switzerland. In this case, we ensure prior to disclosure either that the recipient provides an adequate level of data protection (e.g., on the basis of an adequacy decision for the relevant country, self-certification by the recipient for the EU-U.S. Privacy Shield, the application of standard contractual clauses of the European Union). In order to perform the contract we have concluded with you (based on your initiative), we need to disclose your personal data to our partner (walking with sense foundation) in Colombia.

We can provide you with an overview of the third country recipients along with a copy of the terms specifically agreed to in order to ensure an adequate level of data protection. Please use the details provided in the Contact section to do so.

Duration of storage and retention periods

For how long does By Maria retain the personal data?

We store your data for as long as is necessary in order to provide our website services and the related services or for as long as we have a legitimate interest in continuing storage. In all other cases, we delete your personal data, with the exception of any data that we are required to retain in order to comply with legal obligations (e.g., retention obligations).

Rights of users

What are your rights as a data subject?

  1. Right of access: Users have the right to request confirmation from the controller as to which personal data concerning them is being processed and whether these data are being transmitted to a third country.
  2. Right to rectification: Users have the right to request the controller to correct any incorrect or incomplete personal data relating to them.
  3. Right to erasure: Users have the right to request the controller to erase promptly any personal data relating to them if these data are no longer necessary for the purposes for which they were collected or processed. The same applies if the data subject withdraws consent or objects to the processing in absence of an overriding legitimate interest of the controller or if these data are being unlawfully processed. The data subject may additionally execute this right in case where the controller is subject to a legal obligation to delete these personal data or when the personal data have been collected in the context of information society services.
  4. Right to restriction of processing: Users have the right to request the controller to restrict processing.
  5. Right to withdraw consent: Users have the right at any time to withdraw their consent to the processing of any personal data relating to them for any specific purpose or purposes if that processing is based on their express consent. The withdrawal of consent will not affect the lawfulness for the processing on the basis of that consent carried out prior to the withdrawal of consent.
  6. Right to object: Users have the right at any time to object to the processing of any personal data relating to them if the processing occurs on the basis of the legitimate interest of the controller or of a third party. Where personal data are processed for direct marketing purposes, users have an absolute right to object to such processing at any time.

Right to lodge a complaint with the supervisory authority

You have the right to lodge a complaint with a data protection authority. In order to do so, you may contact the data protection authority competent for your place of residence or your federal state, or the data protection authority competent for us. This is:

Eidgenössischer Datenschutz- und Öffentlichkeitsbeauftragter
Feldeggweg 1
CH-3003 Bern
Telefon: +41 (0)58 462 43 95

How can you exercise your rights?

In order to exercise your rights, please contact: privacy[at]bymaria.ch. Further information may be found under Contact Forms.

Data protection contact

Please do not hesitate to contact us by email via privacy[at]bymaria.ch for any information or with any suggestions regarding data protection.

If you wish to contact us, you may reach us as follows:

By Maria
Windenweg 5
6345 Neuheim (CH)Street
Tel: +41799565333
Email: privacy[at]bymaria.ch

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