Privacy policy

1) Introduction and contact details of the controller

1.1 We are pleased that you visit our website and thank you for your interest. Below we inform you about the handling of your personal data when using our website. Personal data means all data with which you can be personally identified.

1.2 The controller responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Freeart Trading GmbH, Grindel Business Center, Grindelstrasse 12, 8303 Bassersdorf, Switzerland, Tel.: 0041 44 518 8550, Email: mail@freeart-gmbh.ch. The person responsible for processing personal data is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data.

2) Data collection when visiting our website

2.1 When using our website for informational purposes only, i.e., if you do not register or otherwise provide us with information, we only collect data that your browser transmits to the page server (so-called "server log files"). When you access our website, we collect the following data, which is technically necessary for us to display the website to you:

  • Our visited website
  • Date and time at the time of access
  • Amount of data sent in bytes
  • Source/referral from which you accessed the site
  • Browser used
  • Operating system used
  • Used IP address (if applicable: in anonymized form)

The processing is carried out in accordance with Art. 6 para. 1 lit. f GDPR based on our legitimate interest in improving the stability and functionality of our website. No data is passed on or used otherwise. However, we reserve the right to review the server log files retrospectively if there are concrete indications of unlawful use.

2.2 For security reasons and to protect the transmission of personal data and other confidential content (e.g., orders or inquiries to the controller), this website uses SSL or TLS encryption. You can recognize an encrypted connection by the string "https://" and the lock symbol in your browser's address bar.

3) Hosting & Content Delivery Network

3.1 Shopify

For hosting our website and displaying the page content, we use the system of the following provider: Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify")

Data is also transferred to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada

All data collected on our website is processed on the provider's servers. We have concluded a data processing agreement with the provider that ensures the protection of our site visitors' data and prohibits unauthorized disclosure to third parties.

When data is transferred to Canada, an adequate level of data protection is ensured by an adequacy decision of the European Commission.

3.2 Cloudflare

We use a content delivery network from the following provider: Cloudflare Inc., 101 Townsend St. San Francisco, CA 94107, USA

This service allows us to deliver large media files such as graphics, page content, or scripts faster via a network of regionally distributed servers. The processing is carried out to protect our legitimate interest in improving the stability and functionality of our website according to Art. 6 para. 1 lit. f GDPR. We have concluded a data processing agreement with the provider that ensures the protection of our site visitors' data and prohibits unauthorized disclosure to third parties.

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European data protection level based on an adequacy decision by the European Commission.

4) Cookies

To make visiting our website attractive and to enable the use of certain functions, we use cookies, which are small text files stored on your device. Some of these cookies are automatically deleted after closing the browser (so-called "session cookies"), while others remain on your device longer and allow the storage of page settings (so-called "persistent cookies"). In the latter case, you can find the storage duration in the overview of your web browser's cookie settings.

If personal data is processed through individual cookies we use, the processing is carried out in accordance with Art. 6 para. 1 lit. b GDPR either for the performance of the contract, according to Art. 6 para. 1 lit. a GDPR in case of given consent, or according to Art. 6 para. 1 lit. f GDPR to protect our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the site visit.

You can set your browser to inform you about the setting of cookies and decide individually whether to accept them or to exclude the acceptance of cookies for certain cases or in general.

Please note that if you do not accept cookies, the functionality of our website may be limited.

5) Contact

As part of contacting us (e.g., via contact form or email), personal data is processed solely for the purpose of handling and responding to your request and only to the extent necessary for this purpose.

The legal basis for processing this data is our legitimate interest in responding to your request pursuant to Art. 6 para. 1 lit. f GDPR. If your contact concerns a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted when it can be concluded from the circumstances that the matter concerned has been conclusively resolved and provided no legal retention obligations oppose this.

6) Data processing when opening a customer account

In accordance with Art. 6 para. 1 lit. b GDPR, personal data will continue to be collected and processed to the extent necessary if you provide it to us when opening a customer account. Which data is required for account opening can be found in the input mask of the corresponding form on our website.

You can delete your customer account at any time by sending a message to the above-mentioned address of the controller. After deletion of your customer account, your data will be deleted provided that all contracts concluded through it have been fully processed, no legal retention periods apply, and we have no legitimate interest in further storage.

7) Data processing for order fulfillment

7.1 To the extent necessary for contract processing for delivery and payment purposes, the personal data we collect will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 para. 1 lit. b GDPR.

If, based on a corresponding contract, we owe you updates for goods with digital elements or for digital products, we process the contact details you provided during the order to personally inform you within the scope of our legal information obligations under Art. 6 para. 1 lit. c GDPR. Your contact details are used strictly for the purpose of notifications about updates we owe and are processed by us only to the extent necessary for the respective information.

To process your order, we also cooperate with the following service provider(s) who assist us wholly or partially in fulfilling concluded contracts. Certain personal data will be transmitted to these service providers in accordance with the following information.

7.2 Transfer of personal data to shipping service providers

- Post CH

As a transport service provider, we use the following provider: Post CH (Swiss Post AG, Switzerland, Wankdorfallee 4, 3030 Bern)

We share your email address and/or phone number with the provider before delivery to coordinate a delivery date or to announce the delivery, provided you have given your explicit consent during the ordering process. Otherwise, for delivery purposes, we only share the recipient’s name and delivery address with the provider. The sharing only occurs to the extent necessary for the delivery of goods. In this case, prior coordination of the delivery date with the provider or delivery announcement is not possible.
Consent can be revoked at any time with effect for the future by contacting the responsible party named above or the provider.

When data is transferred to the provider's location, an adequate level of data protection is ensured by an adequacy decision of the European Commission.

7.3 Use of payment service providers

- Apple Pay

If you choose the payment method Apple Pay from Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, the payment is processed via the Apple Pay function on your device running iOS, watchOS, or macOS by charging a payment card stored in Apple Pay. Apple Pay uses security features integrated into your device’s hardware and software to protect your transactions. To authorize a payment, you must enter a code you previously set and verify it using the Face ID or Touch ID function of your device.

For the purpose of payment processing, the information you provide during the ordering process, along with information about your order, is transmitted to Apple in encrypted form. Apple then re-encrypts this data with a developer-specific key before transmitting it to the payment service provider of the payment card stored in Apple Pay to complete the payment. The encryption ensures that only the website where the purchase was made can access the payment data. After the payment is made, Apple sends your device account number and a transaction-specific, dynamic security code to the originating website to confirm the payment success.

If personal data is processed during the described transmissions, the processing is carried out exclusively for the purpose of payment processing in accordance with Art. 6 para. 1 lit. b GDPR.

Apple stores anonymized transaction data, including the approximate purchase amount, approximate date and time, and whether the transaction was successfully completed. Anonymization completely excludes any personal reference. Apple uses the anonymized data to improve Apple Pay and other Apple products and services.

If you use Apple Pay on the iPhone or Apple Watch to complete a purchase you made via Safari on the Mac, the Mac and the authorization device communicate over an encrypted channel on Apple servers. Apple does not process or store any of this information in a format that can identify you personally. You can disable the option to use Apple Pay on your Mac in the settings of your iPhone. Go to "Wallet & Apple Pay" and disable "Allow Payments on Mac".

Further information on data protection for Apple Pay can be found at the following internet address: https://support.apple.com/de-de/HT203027
- Paypal

One or more online payment methods from the following provider are available on this website: PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg

When selecting a payment method of the provider for which you advance payment, your payment data provided during the ordering process (including name, address, bank and card information, currency, and transaction number) as well as information about the content of your order are passed on to the provider in accordance with Art. 6 para. 1 lit. b GDPR. The transfer of your data in this case is exclusively for the purpose of payment processing with the provider and only to the extent necessary for this purpose.

When selecting a payment method for which we advance payment, you will also be asked during the ordering process to provide certain personal data (first and last name, street, house number, postal code, city, date of birth, email address, telephone number, if applicable data on an alternative payment method).

In such cases, to protect our legitimate interest in determining your creditworthiness, these data are forwarded by us to the provider for the purpose of a credit check in accordance with Art. 6 para. 1 lit. f GDPR. The provider checks, based on the personal data you have provided as well as other data (such as shopping cart, invoice amount, order history, payment experiences), whether the payment method you selected can be granted with regard to payment and/or default risks.

The creditworthiness report may contain probability values (so-called score values). As far as score values are included in the result of the creditworthiness report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, among other things but not exclusively, address data.

You can object to this processing of your data at any time by sending us a message or directly to the provider. However, the provider may still be entitled to process your personal data if this is necessary for proper payment processing under the contract.
- Shopify Payments

One or more online payment methods from the following provider are available on this website: Shopify International Limited, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland

If you select a payment method from the provider where you pay in advance (such as credit card payment), your payment data provided during the ordering process (including name, address, bank and card information, currency, and transaction number) as well as information about the content of your order are forwarded to the provider in accordance with Art. 6 para. 1 lit. b GDPR. The transfer of your data in this case is solely for the purpose of payment processing with the provider and only to the extent necessary for this purpose.
- TWINT

One or more online payment methods from the following provider are available on this website: TWINT AG, Stauffacherstrasse 31, CH-8004 Zurich, Switzerland

If you select a payment method from the provider where you pay in advance (such as credit card payment), your payment data provided during the ordering process (including name, address, bank and card information, currency, and transaction number) as well as information about the content of your order are forwarded to the provider in accordance with Art. 6 para. 1 lit. b GDPR. The transfer of your data in this case is solely for the purpose of payment processing with the provider and only to the extent necessary for this purpose.

When data is transferred to the provider's location, an adequate level of data protection is ensured by an adequacy decision of the European Commission.

8) Web Analytics Services

Shopify Analytics

This website uses the web analytics service of the following provider: Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland

Data is also transferred to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada

Using cookies and/or similar technologies (tracking pixels, web beacons, algorithms for reading device and browser information), the service collects and stores pseudonymized visitor data, including information about the device used such as the IP address and browser information, to analyze usage behavior on our website for statistical purposes and to create pseudonymized usage profiles. This includes the evaluation of movement patterns (so-called heatmaps), which show the duration of page visits as well as interactions with page content (e.g., text entries, scrolling, clicks, and mouse-overs). The pseudonymization generally excludes direct personal identification. No merging with personal data collected by other means takes place.

All processing described above, especially reading or storing information on the device used, is only carried out if you have given us your explicit consent pursuant to Art. 6 para. 1 lit. a GDPR. You can revoke your given consent at any time with effect for the future by disabling this service in the "Cookie Consent Tool" provided on the website.

We have concluded a data processing agreement with the provider that protects the data of our site visitors and prohibits disclosure to third parties.

When data is transferred to Canada, an adequate level of data protection is ensured by an adequacy decision of the European Commission.

9) Data subject rights

9.1 Applicable data protection law grants you the following data subject rights (rights to information and intervention) against the controller regarding the processing of your personal data, with the respective legal basis referenced for the conditions of exercise:

  • Right of access pursuant to Art. 15 GDPR;
  • Right to rectification pursuant to Art. 16 GDPR;
  • Right to erasure pursuant to Art. 17 GDPR;
  • Right to restriction of processing pursuant to Art. 18 GDPR;
  • Right to information pursuant to Art. 19 GDPR;
  • Right to data portability pursuant to Art. 20 GDPR;
  • Right to withdraw given consents pursuant to Art. 7 para. 3 GDPR;
  • Right to lodge a complaint pursuant to Art. 77 GDPR.

9.2 RIGHT TO OBJECT

IF WE PROCESS YOUR PERSONAL DATA BASED ON OUR LEGITIMATE INTERESTS AFTER BALANCING INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, WITH EFFECT FOR THE FUTURE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE AFFECTED DATA. HOWEVER, FURTHER PROCESSING IS RESERVED IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS, AND FREEDOMS, OR IF THE PROCESSING SERVES THE ASSERTION, EXERCISE, OR DEFENSE OF LEGAL CLAIMS.

IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR SUCH MARKETING PURPOSES. YOU CAN EXERCISE THE OBJECTION AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE AFFECTED DATA FOR DIRECT MARKETING PURPOSES.

10) Duration of storage of personal data

The duration of storage of personal data is determined by the respective legal basis, the processing purpose, and—if applicable—additionally by the respective statutory retention period (e.g., commercial and tax law retention periods).

When processing personal data based on an explicit consent according to Art. 6 para. 1 lit. a GDPR, the affected data will be stored as long as you do not revoke your consent.

If there are statutory retention periods for data processed in the context of contractual or contract-like obligations based on Art. 6 para. 1 lit. b GDPR, this data will be routinely deleted after the retention periods expire, provided it is no longer necessary for contract fulfillment or initiation and/or we no longer have a legitimate interest in further storage.

When processing personal data based on Art. 6 para. 1 lit. f GDPR, this data will be stored until you exercise your right to object under Art. 21 para. 1 GDPR, unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing serves the assertion, exercise, or defense of legal claims.

When processing personal data for the purpose of direct advertising based on Art. 6 para. 1 lit. f GDPR, this data will be stored until you exercise your right to object under Art. 21 para. 2 GDPR.

Unless otherwise specified in the other information of this declaration regarding specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.