CONFIDENTIALITY POLICY

1. GENERAL REMARKS

The confidentiality policy (hereinafter the « CP ») of the website www.davidchocolatier.ch and the links it contains (hereinafter the « Site ») is established by the Swiss company David L'Instant Chocolat SA, registered in the commercial register of the Canton of Valais under the number CH-114.769.627, with registered office at Ecoparc de Daval C 30 (hereinafter « DAVID L’INSTANT CHOCOLAT »).

2. SCOPE

The CP applies to any individual or legal person using the Site (hereinafter referred to as the « User ») and placing an order (hereinafter referred to as the « Order ») for themselves or for any other person (hereinafter referred to as the « Customer ») under the conditions set out in article 2 of the general terms and conditions of sale of DAVID L’INSTANT CHOCOLAT (hereinafter the « TCS »).

DAVID L’INSTANT CHOCOLAT reserves the right to modify the CP at any time. The CP is available on the Site under the « Confidentiality Policy » tab. In case of modification, the CP applicable to Users and Customers is the one available at the time of the use of the Site. DAVID L’INSTANT CHOCOLAT recommends that Users and Customers regularly consult the latest updated version of the CP.

3. ACCEPTANCE OF THE CONDITIONS

By using the Site and/or placing an Order, Users and Customers accept, without limitation or qualification, the CP. In addition, Users and Customers accept the CP referred to in article 4 of the TCS, under the heading « Protection of Personal Data ».

4. THE PERSONAL DATA CONTROLLER

Any personal data provided or collected by L'INSTANT CHOCOLAT is controlled by L'INSTANT CHOCOLAT, acting as the controller of the data recorded in accordance with the applicable laws (hereinafter the « Controller »). DAVID L’INSTANT CHOCOLAT is responsible for the collection and processing of personal data on the Site and ensures that the personal data of Users and Customers is processed fairly, lawfully, in accordance with good practice and collected only for specific purposes known to and agreed by the Users and Customers.

DAVID L’INSTANT CHOCOLAT is committed to protecting the personal data of Users and Clients and complies with the legal requirements of the Swiss Federal Data Protection Act (DPA), the Ordinance on the Federal Data Protection Act (FDPA) and other data protection provisions that may be applicable, in particular the European Union's General Data Protection Regulation (GDPR).

5. SCOPE AND PURPOSE OF THE COLLECTION OF PERSONAL DATA COLLECTED BY DAVID L’INSTANT CHOCOLAT

DAVID L’INSTANT CHOCOLAT takes into consideration the concern of Users and Customers about how the personal information they have provided is used and shared. Thus, DAVID L’INSTANT CHOCOLAT explains the type of information it processes when Users and Customers use the Site, for what purpose, on what legal basis and for how long it is kept (hereinafter the « Personal Data »).

5.1. WHEN USERS AND CUSTOMERS VISIT THE SITE

When Users and Customers visit the Site, the access provider automatically collects and records information in log files created for the provision of the Site and transmitted to DAVID L’INSTANT CHOCOLAT by the User's and Customer's browser without any intervention from DAVID L’INSTANT CHOCOLAT. These log files contain the following Personal Data:

IP address of the Users and Clients computer
Type and version of the browser used
Operating system of the device used by the Users and Clients of the Site
Access providers of the Users and Clients
Host name of the computer accessing the Site
Date and time of the server request to access the Site
Country from which the Site is accessed
URL of the previously visited site
Transmission protocol used (e.g. HTTP/1.1)
Connection status

This Data is collected and processed in the log files to guarantee the proper functioning of the Site (connection establishment) and its optimization and to ensure the security and stability of the IT system of DAVID L’INSTANT CHOCOLAT. The legal basis for the processing of this Personal Data is the legitimate interest of DAVID L’INSTANT CHOCOLAT within the meaning of Article 6 para. 1 lit. f GDPR. This Data is kept until it is automatically deleted after one year at the latest.

The IP address may be used to clarify or defend against an attack on the computer network infrastructure of DAVID L’INSTANT CHOCOLAT or the Site or in the event of suspected unauthorized or abusive use of the Site or for identification purposes in criminal or civil proceedings against the User and the Customer. The legal basis for processing this Data is based on the legitimate interest of DAVID L’INSTANT CHOCOLAT within the meaning of Article 6 para. 1 lit. f RGPD.

5.2. WHEN USERS AND CUSTOMERS MAKE CONTACT BY TELEPHONE, EMAIL OR MESSAGE ON THE SITE

Users and Customers may contact DAVID L’INSTANT CHOCOLAT or one of its employees by telephone, email or send a message through the Site. When Users or Customers contact DAVID L’INSTANT CHOCOLAT, they are responsible for the Personal Data (name, surname, company name, email and telephone), communications and/or content they provide. Personal Data will only be collected if Users and Customers voluntarily provide them to DAVID L’INSTANT CHOCOLAT. DAVID L’INSTANT CHOCOLAT may ask them to provide additional information, such as their address, to be able to respond to questions from Users and Customers. DAVID L’INSTANT CHOCOLAT only collects the Personal Data necessary to answer the questions of the Users and Customers or to provide them with the services they have requested.

The processing of the Data provided during this contact is based on the legitimate interest of DAVID L’INSTANT CHOCOLAT within the meaning of Article 6 para. 1 lit. f GDPR. Users and Customers may object to this processing at any time (see article 11 « Contact »).

5.3. WHEN CUSTOMERS CREATE AN ACCOUNT ON THE SITE

Customers can create an account on the Site. When creating an account, DAVID L’INSTANT CHOCOLAT collects the following Personal Data:

Email address* and Password* in the « Profile » section;
Title*, Surname*, First Name*, Company Name, Postal Address* and Telephone Number in the « Personal Information » section.

Fields marked with an asterisk * are mandatory.

DAVID L’INSTANT CHOCOLAT needs the Personal Data of its Customers to give them an overview of their orders and sales contracts concluded with them. The legal basis for the processing of the Personal Data of its Customers lies in the pre-contractual actions and the execution of a sales contract within the meaning of article 6 para. 1 lit. b GDPR, as well as the legitimate interest of L'INSTANT CHOCOLAT within the meaning of article 6 para. 1 lit. f GDPR. The Customer may object to the processing of his/her Data at any time (see article 11 « Contact »).

5.4. WHEN CUSTOMERS PLACE AN ORDER ON THE SITE

When the Customer places an order on the Site, DAVID L’INSTANT CHOCOLAT collects the Personal Data it needs to process the Order and collects the following Personal Data:

First name*
Last name*
Company name (if applicable)
Delivery address*
Postcode*
Town* (city)
Township* (Canton)
Country*
Email address*,
Basket contents/Order specific note*, and
Acceptance of TCS* and CP*.

Fields marked with an asterisk * are mandatory.

DAVID L’INSTANT CHOCOLAT also collects other Data, such as the date and method of delivery, the means of payment used, the billing address, the browser, and, if applicable, the Customer's vouchers and mobile phone number. The Customer must have created a password-protected account to validate the Order. All Customer Data is processed by DAVID L’INSTANT CHOCOLAT confidentially, strictly for the purpose of fulfilling the sales contract in accordance with article 6 para. 1 lit. b RGPD, as well as the legitimate interest of DAVID L’INSTANT CHOCOLAT within the meaning of Article 6 para. 1 lit. f GDPR. This Data shall be transferred to third parties when required for the performance of the Sales Contract. Thus, DAVID L’INSTANT CHOCOLAT shall communicate the name and address of its Customers to the Swiss Post (hereinafter the « Post »), Planzer Transport AG (hereinafter « Planzer »), Dring Dring or Green Bell to deliver the Order to the Customer. Similarly, for the payment of the Order, DAVID L’INSTANT CHOCOLAT shall transmit the Customer's Payment Data to the relevant financial service provider. For this purpose, DAVID L’INSTANT CHOCOLAT uses the SSL encryption process, which protects the payment Data entered and transmitted by the Customer against any external access.

5.5. WHEN CUSTOMERS SUBSCRIBE TO THE SITE'S NEWSLETTERS

Customers may subscribe to the Site's Newsletters free of charge and at any time once they have filled in the « Profile » and « Personal Information » sections accessible when creating an account on the Site, as described in article 5.3. The Email address indicated by the Customers on the Site allows the sending of Newsletters. The « Personal Information » is used to personalize the mailing formula if necessary. The legal basis is constituted by the consent of the Customers and is based on the legitimate interest of DAVID L’INSTANT CHOCOLAT within the meaning of article 6 para. 1 lit. f GDPR.

Customers may object to the processing of their Data and unsubscribe from the Newsletter at any time (see article 11 « Contact »).

6. TRACKING TOOLS

6.1. GOOGLE ANALYTICS

The website uses Google Analytics, a web analysis service provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). Google uses cookies that are stored on the device of Users and Customers to analyze the use of the Website by means of cookies. These cookies generate Data on the use of the Website, such as:

IP address of the Users and Customers computer
Type and version of the browser used
Operating system of the device used by the Users and Customers of the Site
Host name of the computer accessing the Site
Date and time of the server request to access the Site (IP address)
Country from which the Site is accessed
Navigation path taken by Users and Customers on the Site
Duration of stay on the Site
Recurrent or new users
URL of the previously visited site

This Personal Data is transferred to a Google server in the United States, where it is stored. According to Google, the IP address transferred by the browser of the Users and Customers is never associated with other Data held by Google relating to the use of the Site by the Users and Customers. The IP address will be shortened by activating IP anonymization on the Site (« anonymized IP » Code) before being transferred to the Member States of the European Union (EU) or other States party to the Agreement on the European Economic Area (EEA), as well as to Switzerland. Only in exceptional cases may the full IP address be transferred to a Google server in the USA and shortened there.

Google may also transfer this Data to third parties if required by law, or if third parties are processing this Data upon request and on behalf of Google.

If DAVID L’INSTANT CHOCOLAT transfers Data to a country without adequate legal protection of Data, such as the United States, DAVID L’INSTANT CHOCOLAT will, as provided by law, use appropriate contracts (including on the basis of the European Commission's so-called standard contractual clauses) or rely on the legal exceptions of consent, performance of contract, establishment, exercise or enforcement of rights, overriding public interest, published Personal Data or because it is necessary to protect the integrity of Users and Customers.

This processing of Data is based on the legitimate interest of DAVID L’INSTANT CHOCOLAT within the meaning of article 6 para. 1 lit. f GDPR.

Users and Customers may prevent the storage of cookies by changing their browser settings. In some cases, by doing so, Users and Customers may not be able to use the full functionality of the Site. Users and Customers may also disable Google Analytics by installing a browser add-on on their device, which can be downloaded from the following address:

https://tools.google.com/dlpage/gaoptout?hl=fr

6.2. DOUBLECLICK BY GOOGLE

The Site uses DoubleClick by Google, a service of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. Google uses the « DoubleClick cookie », which recognizes the browser used by Users and Customers of the Site when they visit other websites. The Data generated by the cookie about the visit to these websites (including the IP address) is transferred to and stored on a Google server in the USA.

Google will use this Data to evaluate the use of the Site by Users and Customers in connection with the advertisements to be displayed, to compile reports on the Site activity and to provide other services connected with the use of the Site and the Internet. Google may also transfer this Data to third parties, if required by law, or if third parties are processing the Data upon request and on behalf of Google.

According to Google, the IP address transferred by the browser of the Users and Customers is never associated with other Data held by Google relating to the use of the Site by the Users and Customers. Due to the marketing tools used, the browser of Users and Customers automatically establishes a direct connection with the Google server. DAVID L’INSTANT CHOCOLAT has no influence on the scope and further use of the Data collected by Google via the « DoubleClick cookie ». By integrating DoubleClick, Google is informed by DAVID L’INSTANT CHOCOLAT that Users and Customers have accessed the relevant part of the Site or that Users and Customers have clicked on a page of the Site. If Users and Customers have a Google Account, Google may attribute the visit to their account. Even if Users and Customers do not have a Google Account or have not logged in with their Google Account, it is possible that the provider will communicate and record their IP address. For more information on DoubleClick by Google, DAVID L’INSTANT CHOCOLAT invites Users and Customers to visit https://www.google.fr/doubleclick and to read the Google privacy policy available on the Google website: https://www.google.fr/intl/de/policies/privacy. This processing of Data on the analysis of the use of the Site and the Internet by Users and Customers is based on the legitimate interest of DAVID L’INSTANT CHOCOLAT within the meaning of article 6 para. 1 lit. f GDPR.

7. GOOGLE MAPS

DAVID L’INSTANT CHOCOLAT uses the Google Maps application (Application Programming Interface, « Google Maps ») of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA, on the Site in the « Contact » section for the visual display of a geographical map showing the location of its registered office in Sierre. When using Google Maps, the Data relating to the use of the Site, including the IP address of the Users and Customers, will be transferred to a Google server in the USA and stored there. The legal basis for the processing of the Data is the legitimate interest of DAVID L’INSTANT CHOCOLAT Users and Customers may object to this processing of Data at any time (see article 11 « Contact »).

Users and customers can disable the Google Maps service and prevent Data transfers to Google if they disable JavaScript in their browser. If JavaScript is disabled, the map display mode may no longer function.

DAVID L’INSTANT CHOCOLAT encourages Users and Customers to review the Google Privacy Policy at https://policies.google.com/privacy, as well as the Additional Terms of Use for Google Maps or Google Earth at https://www.google.com/help/terms_maps/ for more information about Google's collection, processing and use of User and Customer Data and their rights.

8. SOCIAL PLUG-INS (EXPANSION MODULES FOR SOCIAL NETWORKS)

The Site uses plug-ins from Google's YouTube site in the form of embedded videos, managed by YouTube (LLC, 901 Cherry Avenue, San Bruno, CA 94066, USA). When Users and Customers visit a page on the Site with a YouTube plug-in, a connection is established with YouTube's servers. Data about the pages that Users and Customers have viewed on the Site are transmitted to the YouTube server. If Users and Customers of the Site have a YouTube account, YouTube can link their browsing habits to their personal YouTube profile.

DAVID L’INSTANT CHOCOLAT uses YouTube plug-ins to present its original chocolate creations or to showcase David Pasquiet, chocolatier. The legal basis is the legitimate interest of DAVID L’INSTANT CHOCOLAT to disseminate its original chocolate creations to a wide audience and to present the author of these creations in an attractive way. Users and Customers of the Site who do not wish YouTube to link their browsing habits to their personal profile should log out of their YouTube account. DAVID L’INSTANT CHOCOLAT encourages Users and Customers to review the YouTube Privacy Policy https://policies.google.com/privacy?hl=fr&gl=fr for more information on how YouTube uses their Data.

9. DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES

Personal Data of Users and Customers stored in the server of DAVID L’INSTANT CHOCOLAT may only be disclosed to third parties when DAVID L’INSTANT CHOCOLAT receives the express consent of Users and Customers or when it is ordered to do so by virtue of an official decision issued by an authority in accordance with the applicable laws, or when DAVID L’INSTANT CHOCOLAT asserts its rights in the context of a claim arising from contractual relations defined in Article 5 above.

10. SECURITY OF PERSONAL DATA

The Personal Data of the Users and Clients that are stored on the servers of DAVID L’INSTANT CHOCOLAT can only be accessed by the employees of DAVID L’INSTANT CHOCOLAT and by the affiliates of DAVID L’INSTANT CHOCOLAT, who have the required authorizations. All authorized persons, who have access to the Personal Data of Users and Customers, are required to comply with the terms of the CP and contractually to keep the Personal Data strictly confidential even after the termination of their contract with DAVID L’INSTANT CHOCOLAT.

DAVID L’INSTANT CHOCOLAT undertakes to take all possible technical and organizational measures to protect the Personal Data of Users and Customers against unlawful or accidental access, destruction, alteration, blocking, copying, distribution, unauthorized disclosure, or access to Personal Data transferred, stored, or otherwise processed, as well as against other unlawful actions by third parties. DAVID L’INSTANT CHOCOLAT endeavours to adopt best practice in the principles of handling Personal Data and communicating with Users and Customers by e-mail. This procedure has been put in place to ensure that Users' and Customers' Personal Data is, always:

Processed in accordance with their rights, in a fair and lawful manner.
Obtained only for specific and lawful purposes.
Suited finely to their purpose.
Saved in an accurate and up to date form.
Stored securely.
Kept only for the time necessary for its intended use; and
Used for marketing purposes on an opt-in basis.

DAVID L’INSTANT CHOCOLAT transfers Personal Data to third countries only if that third country has an adequate level of protection for Personal Data, and if such transfer is necessary to complete a sale in accordance with applicable laws.

11. RIGHTS OF USERS AND CUSTOMERS

Users and Customers have the rights listed below regarding the processing of their Personal Data.

11.1. ACCESS RIGHT

Users and Customers are entitled to obtain access to their Personal Data to know whether they are processed by DAVID L’INSTANT CHOCOLAT. If so, they may request precise information about the processing carried out.

11.2. RIGHT OF RECTIFICATION

If Users and Customers note that their Personal Data are incorrect or incomplete, they may have them corrected and/or completed.

11.3.RIGHT OF REMOVAL

Users and Customers have the right to request the removal of their Personal Data if the required conditions are met. The right to the removal of Data does not apply if their processing is necessary for the exercise of the right to freedom of expression, for the fulfilment of a legal obligation, for the performance of a public interest mission, and for the assertion or defense of legal claims.

11.4 RIGHT TO RESTRICT PROCESSING

Users and Customers have the right to request the restriction of the processing of their Personal Data, if they contest the accuracy of the Data, if the Data is no longer necessary, if the processing is unlawful or if Users and Customers object to the processing. Where processing has been restricted, the Data may only be stored. Data may only be processed with the consent of Users and Customers or to assert or defend legal claims, to protect the rights of another person or for important reasons of public interest. If the limitation on processing no longer applies, Users and Customers will be notified.

11.5. RIGHT OF OBJECTION

Users and Customers have the right to object to the processing of their Personal Data on grounds relating to their particular situation, where the processing is carried out in the performance of a public interest mission, or for the purposes of the legitimate interests pursued. Users and Customers also have the right to object to the processing of their Data for direct advertising purposes.

11.6. RIGHT TO DATA PORTABILITY

Users and Customers have the right to receive their Personal Data in a structured, commonly used, and machine-readable format and to request that their Data be transmitted directly to them, where technically possible. This right applies where the processing is based on consent or contract and is carried out using automated processes. This right shall not infringe on the freedoms of third parties.

11.7. RIGHT TO FILE A COMPLAINT WITH THE COMPETENT SUPERVISORY AUTHORITY

Users and Clients have the right to file a complaint with the competent data protection supervisory authority, if Users and Customers consider that DAVID L’INSTANT CHOCOLAT’s processing of their Personal Data violates applicable data protection laws.

11.8. RIGHT TO WITHDRAW CONSENT

Users and Customers have the right to withdraw their consent to DAVID L’INSTANT CHOCOLAT's processing of their Personal Data at any time. Withdrawal of consent does not affect the lawfulness of the processing carried out prior to such withdrawal.

12. DATA RETENTION

DAVID L’INSTANT CHOCOLAT keeps the Personal Data of Users and Customers exclusively for the time necessary for the intended use to:

Provide the services requested by the Users and Customers or for which they have given their consent.
Enable the above-mentioned advertising and analysis services of the Site within the legitimate interests of DAVID L’INSTANT CHOCOLAT.

Specific legal retention periods may apply to certain Data, such as commercial communications or contracts, for which the maximum retention period is ten (10) years. To comply with its legal obligations, DAVID L’INSTANT CHOCOLAT will retain such Data in its system until the end of the retention period.

13. CONTACT

For any questions or requests relating to Data protection, Users and Customers may contact DAVID L’INSTANT CHOCOLAT by e-mail at the following address: david@@@nullinstant-chocolat.ch. Users and Customers may also send a letter to the following address:

DAVID L’INSTANT CHOCOLAT SA
Ecoparc de Daval C30
3960 Sierre