Privacy Policy

This Privacy Policy describes how Loonawell GmbH, Postfach 3169, 8034 Zurich, Switzerland via www.loonawell.com (the “Site“ or “we“ or “us“) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Device information

  • Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
  • Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
  • Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
  • Disclosure for a business purpose: shared with our processor Shopify and to which our partners Bold, Klavyio, SwissPost, TFTW, Stripe, and RebelOnline may also have access.

Order information

  • Examples of Personal Information collected: name, billing address, shipping address, payment information (including but not limited to credit card numbers) email address, and phone number.
  • Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
  • Source of collection: collected from you.
  • Disclosure for a business purpose: shared with our processor Shopify and to which our partners Bold, Klavyio, SwissPost, TFTW, Stripe, and RebelOnline may also have access.

Customer support information

  • Examples of Personal Information collected: name, billing address, shipping address, payment information (including but not limited to credit card numbers), email address, and phone number.
  • Purpose of collection: to provide customer support.
  • Source of collection: collected from you.
  • Disclosure for a business purpose: our partners Bold, Klavyio, SwissPost, TFTW, Stripe, and RebelOnline may also have access.

Minors

We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

  • We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
  • We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

As described in this Privacy Policy, your Personal Information may be stored outside of Switzerland, the European Union or the EEA like e.g. in the US. If we store or process Personal Information outside Switzerland, the European Union or the EEA, we will take all reasonable steps and appropriate safeguards as required by applicable data protection law to ensure that your Personal Information is treated safely and securely.

With respect to Shopify (see above): Your Personal Information will be initially processed in Ireland and then will be transferred outside of the European Union for storage an further processing, including to Canada and the US. For more information on how data transfers comply with the General Data Protection Regulation ("GDPR"), see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

Behavioural Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

  • We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
  • We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Using Personal Information

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

Lawful basis

By accepting this Privacy Policy you hereby consent to the processing of your Personal Information for the above purposes (except for marketing purposes, see below) which shall constitute the legal basis for the processing. By using the Site, namely by submitting your Personal Information to us via the internet/Site, face-to-face, by phone, email or otherwise, you confirm that you have taken note of this Privacy Policy and agree to your Personal Information being processed by us in accordance with this Privacy Policy.

For the processing of Personal Information for advertisements or marketing communications purposes, the legal basis shall be the legitimate interest of direct marketing pursued by us (which does not override your fundamental rights and freedoms).

However, you hereby acknowledge that the legal basis for the processing might – depending on circumstances and applicable data protection law – also lie in the processing of Personal Information being a statutory, legal or regulatory obligation which we are subject to or a requirement to perform the contract between you and us or a requirement necessary to enter into a contract.

You can revoke/withdraw your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent given until the revocation/withdrawal.

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

Automatic decision-making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We DO NOT engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

  • Temporary deny list of IP addresses associated with repeated failed transactions. This deny list persists for a small number of hours.
  • Temporary deny list of credit cards associated with deny listed IP addresses. This deny list persists for a small number of days.

Your rights

Depending on the circumstances and applicable data protection law, you are in particular entitled to the following:

Right to information (disclosure and access)

This is the right to obtain, at any time, access to Personal Information concerning you in order to know and verify the lawfulness of the processing.

Right to rectification

If you have provided us with Personal Information, you have the right to have this data corrected if it is incorrect or incomplete. We will correct the data after having been informed accordingly and after having been provided with adequate proof.

Right to deletion (Right to be forgotten)

This is the right to have the Personal Information held about you deleted if it is no longer necessary for the purpose of processing (see above), if it has been processed unlawfully or if you no longer consent to the processing or object to it (see below: right to object).

In the case of data that is subject to a minimum legal retention period or if it is needed to fulfil a legal obligation or to exercise or defend legal claims, we may refuse the requested deletion of Personal Information.

Right of restricted processing

This is the right to limit or block the processing of your Personal Information if you contest the accuracy of the data until we have verified the accuracy of such data. This also applies if the processing of your Personal Information is unlawful and you request the restriction of its use instead of its deletion.

Right to data portability

This is the right to collect and re-use your Personal Information for your own purposes or for other services. This applies to the Personal Information communicated to us. We will provide you with this information in a structured, commonly used and computer-readable format.

If and to the extent technically feasible, you also have the right to request that your Personal Information be transferred directly from us to another controller.

Right to object

Subject to compulsory reasons for protection and subject to the protection of legal claims or interests of us, you can object to the processing of your Personal Information (including automatic decision-making described above) at any time. Upon receipt of such a request, the processing of Personal Information will end.

Right of complaint

This is the right to complain to the competent supervisory authority about the processing of your Personal Information. You can contact your local data protection authority, or our supervisory authority here: https://www.zh.ch/de/politik-staat/datenschutz.html

Possibility of rejection

This is the right to unsubscribe from receiving newsletters and advertising at any time (advertisement or marketing communications purposes described above).

The above-mentioned rights do not affect Personal Information that we must or may retain for legal reasons. Legal provisions which are contrary to these rights remain reserved.

For exercising such rights or if you have any questions and suggestions or comments in this regard please contact us using the contact information given in the last section of this Privacy Policy.

Cookies

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

Cookies Necessary for the Functioning of the Store

Name

Function

_ab

Used in connection with access to admin.

_secure_session_id

Used in connection with navigation through a storefront.

cart

Used in connection with shopping cart.

cart_sig

Used in connection with checkout.

cart_ts

Used in connection with checkout.

checkout_token

Used in connection with checkout.

secret

Used in connection with checkout.

secure_customer_sig

Used in connection with customer login.

storefront_digest

Used in connection with customer login.

_shopify_u

Used to facilitate updating customer account information.

Reporting and Analytics

Name

Function

_tracking_consent

Tracking preferences.

_landing_page

Track landing pages

_orig_referrer

Track landing pages

_s

Shopify analytics.

_shopify_fs

Shopify analytics.

_shopify_s

Shopify analytics.

_shopify_sa_p

Shopify analytics relating to marketing & referrals.

_shopify_sa_t

Shopify analytics relating to marketing & referrals.

_shopify_y

Shopify analytics.

_y

Shopify analytics.

 

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

Security and Liability

We protect Personal Information against loss, misuse, unauthorized access, disclosure, modification or destruction by taking appropriate measures. For this purpose, we use appropriate technical and organizational security measures, which are continuously improved in line with technological developments. However, we cannot guarantee the absolute security of the data.

We hereby expressly exclude, to the extent permitted by applicable law, any liability for loss or damage which you may suffer or have suffered, indirectly or directly, in connection with any breach of this Privacy Policy, processing of Personal Information by us or any of our affiliates or processors or joint controllers, your use of the Site or information on the Site. This disclaimer includes all of our affiliates, processors and joint controllers as well as their and our partners, directors, officers, employees and agents.

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Changes

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Third Party Consent

If you are acting as an intermediary or otherwise on behalf of a third party or supply us with information regarding a third party or a third party data subject, you hereby undertake that you are an authorised representative or agent of such third party and that you have obtained all necessary consents (as required by applicable law) from such third party to the collection, processing, use and disclosure to us and/or by us of their Personal Information.

Final Provisions

If any one or more sections or part of a section of this Privacy Policy shall be found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The invalid, illegal or unenforceable provision(s) shall be replaced by the respective mandatory statutory or legal provisions to which this Privacy Policy is in conflict.

Subject to potential mandatory applicable data protection law, this Privacy Policy shall be governed by, and construed and enforced in accordance with, the laws of Switzerland, excluding its conflicts of laws principles. Subject to potential (additional) foreign places of jurisdiction which apply by mandatory foreign law, the exclusive place of jurisdiction shall be Zurich 1, Switzerland.

Contact

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at hello@loonawell.com or by mail using the details provided below:

Loonawell GmbH, Postfach 3169, 8034 Zurich, Switzerland

Last updated:November 5th 2020