Privacy Statement

Profity is a scheme run by the Swiss company adfocus GmbH based in Zug (hereinafter «adfocus»). Profity is a network of online shops and other e‑commerce companies (hereinafter the “Partner shops”) which use Profity to reward their customers (hereinafter the “Customers”) with thank-you gift vouchers and special offers that can be used to make purchases and obtain other benefits from other Partner shops and participating companies. This Privacy Statement provides information on data protection at Profity.

Profity is subject to Swiss data protection law and any applicable foreign data protection law such as that of the European Union (EU) and its General Data Protection Regulation (GDPR). The EU recognises that Swiss data protection law ensures adequate data protection.

Processing of personal data
1. Personal data is all information relating to an identified or identifiable natural person. A data subject is a natural person whose personal data is subject to processing. Processing means any operation performed on personal data, irrespective of the means or process employed, especially the recording, disclosure, collection, erasure, storage, alteration, destruction or use of personal data.
2. adfocus processes personal data for the duration that is required for each purpose or purposes. For longer-term legal storage obligations, processing is restricted accordingly.
3. adfocus may have personal data processed by third parties – also abroad – in accordance with applicable data protection law. These sub-contractors process personal data on behalf of adfocus. adfocus may have other personal data processed with the help of third parties – also abroad – in accordance with applicable data protection law.
4. adfocus processes the personal data required to offer the Profity scheme, safely and reliably, on an ongoing basis. In addition, adfocus processes personal data that customers of Partner shops and other persons themselves disclose when using Profity and, in doing so, consent to the respective purpose or purposes – for example, when requesting vouchers, ordering special offers or setting up a user account such as a Profity Wallet. Such personal data may include, amongst others, names, email addresses and details relating to subscribing to an email newsletter or to the sending of emails to friends. adfocus may process such personal data in a Customer Relationship Management System (CRM system), using online shopping software or other similar means.
5. Every time Profity is accessed, adfocus stores the following data, in particular, in databases and log files – to the extent transferred by the browser used: date and time including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system including version, browser including language, individual pageaccessed, amount of data transferred, apparent location and last accessed website (referrer) and other information on the origin, including the path from individual partner shops to Profity. adfocus needs this data to offer the Profity scheme on an ongoing basis in a safe and secure way, and in particular to ensure the data security of Profity and thus the protection of personal data.
6. In operating the Profity scheme, adfocus may exchange and process all necessary personal data with Partner shops and other participating companies, in particular in connection with subscriptions to email newsletters, requests for and redeeming of vouchers as well as for ordering and delivering special offers. When accessing Partner shop websites and those of other participating companies and placing orders with Partner shops and other participating companies, information such as the goods ordered including order number and the value of the order as well as the email address used and other contact addresses may be exchanged. Partner shops and other participating companies undertake to comply with the appropriate data protection legislation.
7. adfocus processes personal data in accordance with Swiss data protection law, in particular the Federal Act on Data Protection (FADP). If and insofar as the GDPR is applicable, adfocus processes personal data according to the following legal bases:
  - Article 6, Para. 1 (a) GDPR for the processing of personal data with the consent of the data subject.
  - Article 6, Para. 1 (b) GDPR for the processing of personal data necessary for the performance of a contract with the data subject or carrying out contractual provisions.
  - Article 6, Para. 1 (c) GDPR for the processing of personal data necessary for compliance with a legal obligation to which adfocus is subject under applicable EU law or the applicable law in a country where the GDPR is wholly or partly used.
  - Article 6, Para. 1 (d) GDPR for the processing of personal data necessary in order to protect the vital interests of the data subject or of another natural person.
  - Article 6, Para. 1 (f ) GDPR for the processing of personal data necessary to protect the legitimate interests pursued by adfocus or a third party, except where such interests are overridden by the fundamental freedoms, rights or interests of the data subject. Legitimate interests are the business interests of adfocus in providing the scheme and promoting it, information security, enforcement of their own legal claims and compliance with Swiss law.
Organisational and technical measures
1. adfocus takes appropriate organisational and technical measures to ensure data protection and data security. adfocus ensures that the processing of personal data abroad, as well as by third parties or with the help of third parties, ensures adequate data protection. However, despite organisational and technical measures, the processing of personal data on the Internet will always have security gaps. This means that absolute privacy and absolute data security cannot unfortunately be guaranteed.
2. Access to Profity is enabled using transmission encryption (SSL/TLS).
3. Access to Profity is subject – as in principle all Internet usage – to mass surveillance that is random and without initial suspicion, as well as to other surveillance by security authorities in Switzerland, in the EU, in the United States of America (USA) and in other states. adfocus has no influence over the processing of personal data by intelligence services, police forces and other security authorities.
Notifications, reminders and newsletters
1. adfocus may notify, remind, or otherwise inform Partner shop customers and other persons using Profity by email or via other communication channels. adfocus can offer and send notifications, reminders and newsletters by email or other communication channels – also on behalf of Partner shops and other participating companies. adfocus can also show ads to Profity users that are directly linked to their behaviour when visiting the website ("Getback").
2. People who would like to receive notifications or reminders or subscribe to a newsletter from adfocus or from a partner shop or other companies involved must confirm their consent to the use of their email addresses and other contact addresses and to the sending of the notifications, reminders or newsletter subscription. This excludes notifications, reminders and newsletters that are necessary to execute the contract with the person affected or to safeguard adfocus's overriding legitimate interests.
3. Notifications, reminders and newsletters may contain graphics or web links that record whether an individual notification, reminder or newsletter has been opened and which web links have been clicked. Such graphics and web links capture the use of notifications, reminders and newsletters, and the analysis of this enables such notifications, reminders and newsletters to be provided on an ongoing basis in a safe and secure way.
4. Recipients of such notifications, reminders and newsletters may unsubscribe at any time and, in this way, object to such analyses.
Cookies and web beacons
1. adfocus may use cookies and web beacons, including third-party cookies and third-party web beacons, for Profity. Cookies are small text files that are stored on the Profity end user’s device. Web beacons are small images that are displayed when using Profity. Cookies and web beacons, even when used by third parties, are used to track how the website is used so it can be offered on an ongoing basis in a safe and secure way.
2. Cookies can be totally or partially de-activated and erased at any time in the browser settings. Web beacons can be blocked in the browser settings or with the appropriate browser extensions. If cookies are deactivated, then not all Profity functions will be available. When Profity is used, adfocus will advise as and when necessary that cookies are in use as soon as this is the case or immediately seek permission for their use.
Third-party services
1. adfocus uses third-party services –also abroad, including the United States of America (USA) – so Profity can be offered on an ongoing basis in a safe and secure way. These services, including hosting and storage services, as well as electronic identity management services, require your Internet Protocol (IP) address: otherwise, the relevant content may not be delivered or provided. Such service providers may also process other data related to our services and combined with information from other sources, in particular for their own technical and statistical purposes, including but not limited to the use of cookies, log files and web beacons.
2. adfocus uses Facebook's login and "share" feature to allow existing Facebook users to sign up or register with their Facebook account instead of setting up a user account directly with Profity, as well as to enable such users to share content with their friends on Facebook. adfocus needs these services provided by the Irish Facebook Ireland Limited to offer its scheme on an ongoing basis in a safe and secure way. Cookies are also used in these third-party services. In this way, Facebook can track use of Profity. Facebook accounts, including their data protection settings, can be managed directly in Facebook.
  
  Facebook in Ireland is governed by both the GDPR and Irish data protection law, which ensures adequate data protection. In particular, Facebook has published the following information on the type, scope and purpose of its data processing: Data guidelines, Information on Facebook products, «Privacy check», Terms of use.
3. adfocus uses Google Analytics and Google Tag Manager for analysis of the use of Profity. adfocus uses Google Fonts for the integration of fonts. adfocus uses Google Login to enable existing Google users to log in or register with their Google account instead of setting up a user account directly with Profity. adfocus needs these services from the Irish corporation Google Ireland Limited in order to provide its own secure and reliable service on an ongoing basis. adfocus anonymises the IP addresses collected before they are analysed by Google Analytics. Cookies are also used for the services. Google can collect data on the use of Profity with Google Login. Google accounts, including privacy settings, can be managed directly at Google.
  
  Google in Ireland is subject to both the GDPR and Irish data protection law, which means appropriate data protection is ensured. You can opt out of the collection of your data by Google Analytics by using the “Google Analytics Opt-out Browser Add-on”. You can opt out of ad personalisation via Google ad settings and via the service from Your Online Choices. Google has published the following information in particular on the type, scope and purpose of its data processing: Google Analytics terms and conditions, Privacy and Google Fonts, Privacy Policy and Terms of Service.
Rights of data subjects
1. Data subjects whose personal data is processed by adfocus have rights under Swiss data protection law. They include the right to information and the right to correction, erasure or blocking of personal data processed.
2. Data subjects whose personal data is processed by adfocus, provided that and insofar as the GDPR is applicable, can obtain confirmation free-of-charge as to whether personal data is processed by adfocus and, if so, request information on the processing of their personal data, restrict the processing of their personal data, exercise their rights to data portability, have their personal data rectified, erased ("right to be forgotten") or blocked.
3. Data subjects whose personal data is processed by adfocus, provided that and insofar as the GDPR is applicable, can at any time revoke any previous consent given and, at any time, raise an objection to the processing of their personal data.
4. Data subjects whose personal data is processed by adfocus have a right to lodge a complaint with the appropriate data protection authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).
Contact addresses and responsibilities
1. Enquiries from supervisory authorities and data subjects are generally made by email but can also be made by post (Art. 4, Para. 7 GDPR) to:
  
  adfocus GmbH
  Blegistrasse 9
  6340 Baar
  Switzerland
  
  info@adfocus.ch
  
  CEO Philippe Müller is responsible for data protection at adfocus.
2. adfocus has a data protection representative in the EU as a point of contact for supervisory authorities and data subjects for any issues relating to EU data protection law (Art. 27 GDPR):
  
  VGS Datenschutzpartner UG
  Am Kaiserkai 69
  20457 Hamburg
  Germany
  
  info@datenschutzpartner.eu
Profity Opt-Out
1. You do not wish to accept Profity cookies? No problem. Click on the “opt-out” link below. Please note that you must opt out again if you delete your cookies or use another browser. Activate opt-out
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Final provisions
1. adfocus may alter this Privacy Statement at any time. adfocus will inform Profity users and data subjects of such alterations in a suitable manner on the website.

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