Privacy Policy

This Privacy Policy applies to the processing of personal data carried out by PHOENIX SARL in connection with the sales platform online at URL Hyper-Phoenix.com.

By accessing and using the Site, you, as a user of the Site, expressly agree that Phoenix treats your personal data in accordance with this Privacy Policy, which is an integral part of the general terms and conditions of use of the Site. Any capitalized terms used in this Privacy Policy that are not defined herein have the same meaning as in the Terms and Conditions.

Phoenix reserves the right to modify the Privacy Policy at any time and at its sole discretion, including to adapt it to any new business practice, technology or legislative change, in which case you will be informed by any appropriate means, including by e-mail and/or via the Site. If you do not accept the changes made, you may be refused access to the Site or to certain features of the Site.

Introduction 

Phoenix recognizes the importance of your privacy and transparency in its processing of your personal data.

a) This Privacy Policy explains (i) what personal data is collected when you access and use the Site, (ii) how and for what purposes personal data is processed by Phoenix (iii) and the measures undertaken by Phoenix to protect this personal data.

Phoenix only processes personal data whose processing is based on a legal basis.

b) We will only process your personal data if one of the following conditions is realized :
  • We have obtained your unambiguous prior consent; 
  • The processing is necessary for the execution of our contractual obligations towards you or for the execution of pre-contractual steps at your request; 
  • The processing is necessary to comply with our legal or regulatory obligations; or 
  • The processing is necessary for our legitimate interests, unless your interests or fundamental rights and freedoms outweigh them. Relevant "legitimate interests" include : (i) benefiting from cost-effective services; (ii) protecting the security of our computer systems, structure and networks; and (iii) meeting our corporate and social responsibility objectives.

How, where and what data do we collect

Phoenix collects the personal data you provide.

(a) Phoenix collects, directly or indirectly via its subcontractors, the personal data that you provide us during your use of the Site, for example your name, address or email address when you fill in the registration form or order form for an item, or in the context of your correspondence with Phoenix when you communicate with us, for example in the context of after-sales service.

b) This information includes your name, e-mail address, telephone number, postal address, and any other data that may be used to identify you, or yours contact when ordering and purchasing items sold by Phoenix. This also includes the data necessary for the execution of our services, such as data relating to the size of the garments you order but also your payment data (credit card, stripe account, etc.) or more generally any other information that Phoenix and/or subcontractors, may ask you.

Some personal data is also collected automatically.

(c) Phoenix may also collect personal data in an automated manner, including through the use of tools and other active elements, for example in e-mails from Phoenix and/or subcontractors, such as IP addresses or other user identification data from the electronic devices you use, the geolocation of your electronic devices, data contained in the electronic devices, your preferences, web browsing data, or the links you click on when interacting with the Site.

d) In particular, we may include on our site computer applications from third parties, which allow you to share content from our site with others or to make your consultation or opinion about content on our site known to these other persons. This is notably the case of "Share" and "Like" buttons from social networks such as Instagram, Facebook, Twitter, etc.

(e) The social network providing such an application button may identify you by this button, even if you did not use this button when you visited our site. Indeed, this type of application button may allow the relevant social network to track your browsing on our site, simply because your account with the relevant social network was activated on your device (open session) during your browsing on our site.

f) We do not control the process used by social networks to collect information relating to your browsing on our site and associated with the data they have, but we invite you to consult the privacy protection policies of these social networks to find out the purposes of use, including advertising, of the browsing information they may collect through these application buttons.

g) In the context of our advertising network activity, the advertising content (graphics, animations, videos, etc.) broadcast in our advertising spaces may contain Cookies issued by third parties: either the advertiser at the origin of the advertising content in question, or a company that is a third party to the advertiser (communication consulting agency, audience measurement company, targeted advertising service provider, etc.), which has associated a Cookie with the advertising content of an advertiser.

h) Where applicable, cookies issued by such third parties may enable them, during the period of validity of such cookies, to (i) display advertising in all spaces reserved for third party advertising, (ii) count the number of displays of advertising content delivered via our advertising spaces, identify the advertisements so displayed and the number of users who clicked on each advertisement, (iii) to recognize your device when you subsequently navigate to any other site or service on which these advertisers or third parties also issue cookies and, if necessary, to adapt these third party sites and services or the advertisements they broadcast to the navigation of your device of which they may be aware.

It is possible to define certain authorizations and parameters in connection with the automated collection of personal data. 

a) You can define certain authorizations in connection with the collection of personal data, in particular in relation to the geolocation and access rights of your device. electronics to the data contained in your device, depending on the features available. You can also set certain parameters for the automated collection of your personal data on your web browser or via the Site. You can also configure certain Cookies, see the chapter on Cookies accessible here.

Methods of treatment 

Phoenix may process the personal data communicated to it in an automated way, but takes appropriate security measures to this effect.

a) Phoenix processes your personal data communicated to it in accordance with applicable law, in particular Swiss data protection law, and adopts appropriate security measures to prevent unauthorized access, disclosure, alteration, modification or destruction of such data.

b) The processing of personal data is carried out using computers or computer tools and in accordance with the purposes indicated in this Privacy Policy. Phoenix does not make individualized decisions based on automated data processing or use profiling systems on the Site.

Purposes for which Phoenix processes personal data

Phoenix processes your personal data to operate the Site and to provide you with any related services.

a) Your personal data is collected and processed with a view to operating the Site and/or providing related services, for example to interact with you, provide you with the information requested or carry out your orders, or in the manner expressly indicated when the personal data concerned is collected.

Phoenix may process your personal data for advertising purposes. 

b) We may use your personal data, in particular your contact details and other information and data collected in accordance with this Privacy Policy, for advertising purposes, for example to send you information and offers relating to our Products and services and/or our partners, such as brochures, newsletters and other advertising messages, whether targeted or not. And addressed by us or through our partners. However, your consent will be expressly requested before such use is made and you may withdraw your consent at any time by sending us an email at info@hyper-phoenix.com or by mail addressed to Phoenix, Chemin des Sports 4, 1296 Coppet, Switzerland.

Phoenix may process your personal data for internal analysis and statistical purposes, as well as to improve our services or for other legitimate purposes. 

c) Phoenix may process your personal data, in particular your Site usage data, as well as any other information collected in accordance with this Privacy Policy, for internal analysis and statistical purposes, to improve the ergonomics and functionality of the Site, as well as its products and services in general, but also to adapt certain services, such as the display of the correct payment currency. 

Shelf life 

Your personal data is not kept longer than necessary.

a) Phoenix erases or makes anonymous the personal data that are no longer necessary for the fulfilment of the purposes set out in this Privacy Policy. This varies according to the type of data involved and the applicable legal requirements.

b) If you delete your User Account, we will delete your personal data within 30 days of that event, unless the data is retained for a valid reason.  

Accessibility of personal data to third parties 

Phoenix makes your personal data accessible to third parties to the extent necessary for the operation of the Site.  

a) We may disclose your personal data to third parties in connection with the operation of the Site, as well as to subcontractors such as computer system providers, cloud services providers, database providers, automated marketing solution providers and consultants, etc. We may also disclose your personal data to third parties in connection with the operation of the Site, as well as to subcontractors such as computer system providers, cloud services providers, database providers, automated marketing solution providers and consultants.

b) In particular, our Site is hosted by Shopify Inc, and as such, the data we collect is hosted by Shopify, by the hosting service they provide, and therefore accessible by Shopify as well as its subcontractors. In particular, if you make your payment through a direct payment gateway, Shopify will store your payment details and credit card information. The processing of your data by Shopify is governed by their privacy policy, which is accessible here.

c) We also transmit relevant personal data to our suppliers to enable them to carry out the service of delivering the products ordered or returning any repaired products. These suppliers may only use this data for the purpose of carrying out these services and only retain your data to the extent necessary to comply with their contractual or legal obligations.

d) We may also allow you to use third party services directly from the Site, in particular through social plug-ins from Google Maps and Google Analytics, but also from Facebook, Instagram or Twitter, in which case you acknowledge that the third party operators of these services may access some of your personal data in connection with the Site.

e) In the above contexts, the Site may contain links to other websites. Please note that this Privacy Policy does not apply to the practices of any company or person that we do not control, or to any other website that may be linked to the Site. It is your responsibility to carefully review the privacy policies of any other websites you visit from the Site to learn more about their information and privacy practices. In such contexts, the collection and use of your personal data will be governed by the privacy policies of those other parties or websites. We will not be responsible for their privacy practices. 

Phoenix can also disclose your personal data to third parties where we have a legitimate interest in doing so.

f) We may also disclose your personal data where we have a legitimate interest to do so, for example to (i) any third party to whom we assign or transfer our rights or obligations; (ii) to competent courts or regulatory or supervisory bodies, where we are required to disclose your personal data in accordance with any applicable law, regulation or ordinance. 

Transfer of personal data abroad 

Your personal data may be transferred to countries or destinations that do not provide a level of protection equivalent to Switzerland or the European Union. 

(a) The personal data we collect from you may be stored and processed in your region, or transferred, stored or otherwise processed outside your country of residence, including, with respect to residents of a country of the European Economic Area ("EEA"), the "EEA", "EEA") or Switzerland, in a country outside the EEA or Switzerland, in particular the United States and Canada or any other country that does not necessarily offer an adequate level of data protection recognized by the European Commission or Switzerland. Your personal data may also be processed by staff operating within or outside your country of residence, including staff located outside the EEA or Switzerland who work for us or our service providers.

(b) Where we transfer your personal data outside the EEA or Switzerland, we will ensure that appropriate safeguards are in place to ensure that our third party service providers provide an adequate level of protection for your personal data, for example by relying on the Privacy Shield Framework between the EU and the USA as well as between the EU and Switzerland or on the standard contractual clauses adopted by the European Commission. You may request additional information in this regard and obtain a copy of the relevant guarantees upon request by sending a request to info@hyper-phoenix.com.

c) By sending information and data to Phoenix, you expressly agree to such transfers.

Security  

Phoenix maintains physical, technical and procedural safeguards to ensure the security of your personal data. 

a) We are committed to ensuring the security of your personal data and, with the help of our subcontractors, we have implemented physical, administrative and technical safeguards to protect your personal data and prevent unauthorized access to it. We limit access to your personal data to those who need to know it for the purposes described in this Privacy Policy. 

b) Although we take appropriate steps to protect your personal data, no website is completely secure. As a result, we cannot guarantee that the data you provide us with is secure and protected against unauthorized access by third parties and against theft. We accept no liability in this respect. 

c) The Internet is a global environment. Therefore, by sending information to be used electronically, this data can be transferred internationally over the Internet, depending on your location. The Internet is not a secure environment and this Privacy Policy applies to your use and at the disclosure of your personal data once they are under our control only. Given the inherent nature of the Internet, all transmissions over the Internet are at your own risk.

d) If we have reasonable grounds to believe that your personal data has been acquired by an unauthorized person and applicable law requires notification, we will promptly notify you of the breach by email (if we have it) and/or by any other means of communication (including by posting a notice on the Site).

Cookies or other analytical tools 

Phoenix uses Cookies and other similar analytical tools and technologies in connection with the Site.

a) A cookie is a small data file that we transfer and store on your electronic device. For example, we use cookies or other analytical tools to measure traffic and use of the Site and its distinctive features, as well as other miscellaneous uses.

b) All the information relating to our use of cookies is detailed in the cookie policy available here.

Your Rights  

You have the right to know which personal data concerning you is processed by Phoenix and to request, under certain conditions, its deletion, correction or updating. 

a) Subject to mandatory law to the contrary, you have the right at all times to know whether Phoenix is processing personal data about you. You may contact us to find out the content of such personal data, to verify its accuracy, and to the extent permitted by law, to request that it be completed, updated, corrected or deleted. 

b) You may also ask Phoenix to cease any specific processing of personal data, which have been obtained or processed in violation of applicable law, and to object to any processing of personal data if there is a legitimate reason.

c) By accessing your Account (if applicable), you can view, update, correct or delete personal data available in your Account. If you wish us to delete your personal data from our system, please make a request to us using the contact details below and your request will be dealt with, unless we have a legal obligation to keep the record. Please note that any information we have copied may remain in backup storage for a period of time after your request for deletion.

d) When we rely on your consent to process your personal data, we will ask for your free and specific consent by providing you with informed and unambiguous indications regarding your personal data. You may revoke this consent at any time.

e) You also have the right to request portability of your personal data, i.e. that the personal data you have provided to us be returned to you or transferred to the person of your choice, in a structured, commonly used and machine-readable format, without hindrance to us and subject to our confidentiality obligations. 

You have the right to file a complaint 

f) If you are not satisfied with the way in which we process your personal data, you may lodge a complaint with the competent supervisory authority, in addition to your rights described above.

a) If you believe that your personal data has been used in a way that is not in accordance with this Privacy Policy or in the event that you have any questions or requests regarding our processing of your personal data, please contact us at info@hyper-phoenix.com.

Date of last update: 22 November 2020

 

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