1. Name and contact details of the data processor responsible, the data protection officer and the location of the server

The controller in accordance with Article 4(7) of the EU General Data Protection Regulation (GDPR) is

BERNINA International AG
Seestraße 161
8266 Steckborn
Switzerland

E-Mail: [email protected]
Telefon: +41 (0)52 762 11 11 Tel.: +41 (0)52 762 11 11 (see our legal notice)
 
You can contact our data protection officer Mr. Denkinger via email at [email protected] or at the aforementioned postal address, addressing any correspondence to "the data protection officer“.
 
Furthermore, you can also contact the appropriate market organization if you wish to discuss the processing of your data: [email protected]

At BERNINA, the personal data is saved at on servers in the EU.

2. Collection and storage of personal data; type and purpose of its use

When visiting the website and using the app

When you access our website, information is automatically transferred to us via the browser on your device. When using the app, via which you can access the content of our websites bernina.com, inspiration.bernina.com and blog.bernina.com, we collect the following personal data described below in order to enable the convenient use of the functions. When you visit our website or use our app, the following data – without any action on your part – will be collected and temporarily stored in a log file:

• IP address
• Date and time of the request
• Time zone difference to Greenwich Mean Time (GMT)
• Contents of the request (specific page)
• Access status/HTTP status code
• the amount of data transferred
• the website from which the request was received
• Browser used
• Language and version of the browser software
• Operating system and its interface
• App version

The specified data will be processed by us for the following purposes:
 

• To ensure the smooth establishment of a connection to the website or App
• To ensure convenient operation of our website or App
• To evaluate the system security and stability
• For determining the correct country site
• Other administrative purposes 

The legal basis for data processing is Article 6(1b and 1f) GDPR. Our legitimate interest arises from the aforementioned purposes for data collection.
 
When you visit our website and use our app, we also use analytical services, social media bookmarks/plug-ins and website cookies. Further information on cookies and analytical services can be found under sections 4 and 5 of this privacy policy and information about social media bookmarks/plug-ins can be found under section 6. Sections 7 and 8 provide information about the integration of YouTube Videos and Google Maps.

Please note: BERNINA's websites are aimed at users all over the world. If you display content via the browser or app which is not aimed at European customers, this content is not subject to the provisions of the General Data Protection Regulation. This applies in particular to the content on www.bernina.com, www.bernette.com and the WeAllSew blog of our US branch.

When using the Accessories Organizer in the BERNINA app

You must register in order to use the Accessories Organizer in the BERNINA app. The login for the app is identical to the login for the BERNINA customer portal (Single Sign-On process). See also paragraph 2,  Using our customer portal and product registration at www.bernina.com.
 
If you want to register products on the Accessories Organizer lists in the app, we will save the information you provide and use it for the purposes of customer data administration and for personalized direct advertising..
 
Information that you provide in the Accessories Organizer in the BERNINA app may be linked to other information we have saved about you in a customer profile. In doing so, we comply with the principle of purpose limitation and only link data that has been collected for the same purposes (e.g. for personalized advertising). BERNINA can provide dealers, suppliers, or service providers with information from your customer profile if you have given your consent, which is revocable at any time, to this submission or if the transmission of this information is necessary in order to process your request. BERNINA will only transmit your data to third parties to the extent required. These third parties are obligated to adequately protect your data and to use it in conformity with the law.

Further data processing activities when using the app

When you download the app, the required information is transferred to the app store, in particular username, email address and customer number of your account, time of the download, payment information and the unique ID number of your device. We have no influence over this data collection and are not responsible for it. We process the data only to the extent that this is necessary for the mobile app to be downloaded to your mobile device.  

We also need your device ID, the unique number of the device (IMEI = International Mobile Equipment Identity), the unique number of the network subscriber (IMSI = International Mobile Subscriber Identity), the mobile phone number (MSISDN), the MAC address for WLAN use, the name of your mobile device, your email address.

When you log in to the customer portal via the app, we process the following information that is required from you in order to clearly identify you: Customer name and password. The processing of your personal data is carried out for the purpose of access management based on our legitimate interests in accordance with Article 6(1f) GDPR. The legitimate interest is in enabling you to log in to the customer portal via the app. After being assigned a password, there is an option to log in via touch ID/face ID (iOS) or fingerprint/face recognition (Android). These data are only stored locally on the device and are not passed on for processing. 

For the app to be used, access to the network functions (WLAN or mobile Internet/ mobile data) of your device is required. You can configure this yourself using the settings on your device (look for "settings/data protection"). This network access is necessary because the app can only be used when the device is in online mode. The legal basis for this processing is Art. 6 para. 1 lit. b GDPR.

We use the push service of the operating system vendors Apple Inc. and Google LLC to send you messages (hereinafter referred to as messages, push notifications or push notices). After installing the app, you will be asked by Apple Inc., as the provider, if you consent to the sending of messages. You are free to decide whether or not you want to receive push notifications. If you give your consent, a device token will be assigned by Apple Inc. The only purpose of processing the device token is to provide the push service. The device token is an encrypted device ID. Google LLC considers push notifications as a "normal" authorization. When the app is started for the first time, the Android Push Notification feature permission.notifications_enabled will be set to the value TRUE. You can revoke this authorization on the page with the app settings by setting the value to FALSE. 
Your data are deleted as soon as they are no longer required to achieve the purpose for which they were collected. Your data are therefore stored for as long as the consent to receive push notifications is active.
We evaluate push messages statistically and can therefore identify whether and when push notifications have been displayed and clicked on. This enables us to determine which push notifications interest the recipients so that we can tailor future notifications to the presumable interests of all or individual recipients and thereby increase interest in our services.
You can deactivate push notifications at any time via the settings on your device. Instructions are available from the following links:

• https://support.google.com/messages/answer/6080337?hl=en
• https://support.apple.com/en-gb/HT201925

The legal basis for data processing in connection with push notifications is Art. 6 para. 1 lit. b GDPR. 

The app contains a geolocation facility (location data – GPS data). This enables the location of the user to be indicated. These data are not sent anywhere by the software but remain on the user's device. The location data are discarded after 18 months.
The legal basis for using the user's location data is Article 6(1a) GDPR.
If the application is not to process location data, access can be denied either to the geolocation function of the mobile device altogether or – provided the relevant operating system supports this – only in respect of this application. Further information on this is available here:

• Apple iOS operating system: https://support.apple.com/en-us/HT207092 
• Android operating system: https://support.google.com/accounts/answer/6179507?hl=en

When using a contact form or contacting us via email
Applies to all sites mentioned

By making contact with us through a contact form or email, the data communicated by you (your email address, name, phone number, address, and any other information you provide on the contact form) are stored by us in order to answer your questions. Insofar as is necessary based on your request, the data can also be transferred to companies affiliated with BERNINA or to independent associated companies (sales organizations) and processed by them. We delete any data arising in this context if it is no longer necessary to store it in order to answer your request.
 
The processing of data for the purpose of contacting us is made according to Article 6 para. 1 clause 1 lit. a GDPR on the basis of your voluntarily provided consent. If you contact us via email, data processing will take place based on our legitimate interests according to Article 6(1f) GDPR.

When downloading free downloads from www.bernina.com

On our website and app, we provide you with the option of free downloads (e.g. for test versions of embroidery software or upgrades of already purchased software). Before you can start downloading, you are required to complete a form, including providing your name, your email address, your post/zip code and your location. With your consent, we store and share this data with the respective sales organization or dealer in your area. The purpose of the processing is to create a statistical record of the downloads carried out as well as promotions and advertising on the part of BERNIINA, the respective sales organization or a dealer in your area. The legal basis for this is Article 6(1a) GDPR.
 
In addition, if you have consented to the use of your data for the purposes of sending newsletters, we will process the data for direct marketing purposes and combine it in a customer profile with other information that BERNINA has saved about you. The legal basis for this is Art. 6 para. 1 clause 1 lit. a of the GDPR.

When ordering fee-based software downloads (BERNINA Toolbox) via www.bernina.com

For fee-based software, we use the online sales solution, MyCommerce, from Digital River GmbH, Scheidtweilerstr. 4, 50933 Cologne. Digital River GmbH sells our digital software product on our behalf. If you trigger the purchase of fee-based software via our website or app, you will be redirected to the Digital River GmbH website. Digital River GmbH is the seller of the products and your contractual partner. We assume the role of a “partner” in accordance with the Digital River GmbH data protection policy. The personal data collected by Digital River GmbH during the processing of the order and how this data is processed can be found in the Digital River GmbH data protection policy, which can be viewed at the following link: https://www.mycommerce.com/privacy-policy/. BERNINA has access to the information entered during the ordering process except for the payment details. 

When using our blog blog.bernina.com 

If you sign up for the BERNINA-Blog the mandatory information specified by you when signing up (name, email address, country) as well as any additional data you voluntarily provide to supplement your profile, are saved for the purpose of the blog and for direct marketing purposes and, where appropriate, is linked to other data that BERNINA has saved about you. In the blog, you can publicly post topics, posts, links, comments, photos, sketches, instructions, etc. If you carry out such an action, we will save this internally, publish your action in the BERNINA blog and use these activities, where appropriate, to provide personalized content. Based on your uploaded projects (number of articles written, categories, participation in cooperative actions, tags used to describe articles, first/last entry) we will try to draw conclusions about your interests and use this information for direct marketing purposes.
 
You can also sign up for our special blog newsletter. The instructions under "When registering for our newsletter" below shall apply for the blog newsletter.
 
Mandatory information is required to use the blog, since we need your email address for authentication, your name in order to be identified as the author of projects/comments, as well as for a personal response from us, and your country in order to be associated with a sales organization. You are neither legally nor contractually obligated to provide information. Use of our blog, however, is only possible if the required information specified above has been provided.
 
If you want to leave a comment in the blog, a spam check is carried out in order to prevent misuse of our blogs. As part of this, your email address and your IP address will be saved and compared to a local blacklist. In addition, we use the Anti Spam Bee plug-in to help detect spam. The plug-in allows invisible input fields to be added to the comment form. Since spambots often complete all possible fields, it is possible to determine whether a comment is classified as spam. The plug-in also matches new comments with the metadata from previous spam comments and checks the comments for content that is commonly used by spammers (links, etc.). All of the checks noted above are carried out locally on our servers. No personal data is transferred to third parties. Once the above tests have taken place, your comment, along with your first name and last name, will be published. In addition, the author of the post you commented on receives an alert about your comment which also includes your first and last name.
 
The photos you upload to the blog must first be compressed. We use the Optimus image optimizer from the external service provider proinity GmbH, Rümikerstrasse 60, 8409 Winterthur, Switzerland, to perform this image compression. proinity GmbH compresses the photos and then, after the transfer process has been completed, immediately erases all cached data. No personal data remains on the service provider's servers. Your data is processed by proinity GmbH exclusively on behalf of and in accordance with the instructions of BERNINA subject to these data protection regulations.
 
For sending emails generated by the blog (e.g. code for the creation of a user account, information about a new comment, etc.), we use Mailjet. Mailjet is operated by Mailgun Technologies, Inc., 112 E Pecan St #1135, San Antonio, TX 78205, USA, with which we have concluded an appropriate data processing agreement. Mailjet's datacenters are located in the EU exclusively. Mailjet processes your email address for the delivery of emails to you. Mailjet collects personal data for the fulfillment of its contractual obligations and stores these data only for the period necessary for provision of the services. Through its certification in accordance with ISO 27001 (https://www.mailjet.com/gdpr/mailjet-first-esp-iso-27001-and-gdpr-certified) Mailjet, as a GDPR-compliant email service provider, guarantees compliance with the data protection regulations of the EU. Mailjet provides further information regarding data protection at https://www.mailjet.com/security-privacy/ . 

The legal basis for the processing of your data in the BERNINA blog is Art. 6(1a) GDPR.
 
The data collected in the context of our blog will be stored until the consent is revokedt.

Please refer to the special terms and conditions of use of the BERNINA-Blog.

When using our web shop inspiration.bernina.com

If you wish to order something from our web shop, in order to conclude the contract, you are required to provide the personal data necessary to process your order (mandatory information). The mandatory information required to process the order is marked separately; all other information is voluntary. We process the data you provide for the purpose of processing your order.
 
You can also voluntarily create a customer account, enabling us to save your data for further purchases. When you create a customer account, the optional data you have provided and your previous purchases will be stored unless consent is revoked. One of the advantages of this is that you can download digital content you have purchased (e.g. a digital edition of our customer magazine) from your customer account at any time.
 
If you order print media, we will pass on your details to Medienwerkstatt AG, Steinackerstrasse 8, 8583 Sulgen, Switzerland. Medienwerkstatt AG is responsible for shipping single issues ordered and issues covered by a subscription. If you pay by credit card or PayPal, we will pass on your payment details to the payment service provider SIX Payment Services AG, Hardturmstrasse 201, 8021 Zürich, Switzerland. Credit card information is stored and processed exclusively by SIX Payment Services AG. BERNINA does not save or process your credit card information. If you choose to pay by invoice, the invoice will be issued by Medienwerkstatt AG.
 
Due to commercial and tax regulations, we are obliged to save your address, payment and order data for a period of ten years. Your data will be deleted when the purpose for which the data was collected no longer applies and there is no legal basis for its continued storage. In your customer account, you can edit or delete all optional data yourself under "Addresses" or "Profile data". Your entire customer account can be deleted on request (which you can send to [email protected] for example). More information about your information and consent revocation rights is available in Section 10 of this privacy policy.
 
If you open a customer account, we will link the data you provided when you opened the account and the purchases made with other information that we have stored about you in a customer profile. In doing so, we comply with the principle of purpose limitation and only link data that has been collected for the same purposes (e.g. for personalized advertising).
 
For sending emails generated by the web shop (e.g. order confirmations, invoices, code for the creation of a user account, etc.) we use Mailjet. Mailjet is operated by Mailgun Technologies, Inc., 112 E Pecan St #1135, San Antonio, TX 78205, USA, with which we have concluded an appropriate data processing agreement. Mailjet's data centers are located in the EU exclusively. Mailjet collects and processes the following data: Your email address for the delivery of every email. In addition, your title, first name, last name, billing and (if different) delivery address (street and house number, postal code, town, country, state) as well as any company name given by you, if you have provided all of these data, are processed and stored by Mailjet in the context of an order for the purpose of delivering an order confirmation and invoice. Mailjet collects personal data for the fulfillment of its contractual obligations and stores these data only for the period necessary for provision of the services. Through its certification in accordance with ISO 27001 (https://www.mailjet.com/resources/learn/gdpr/mailjet-first-esp-iso-27001-and-gdpr-certified/) Mailjet, as a GDPR-compliant email service provider, guarantees compliance with the data protection regulations of the EU. In addition, Mailjet provides further information regarding data protection at https://www.mailjet.com/security-privacy/.

The legal basis for processing the data required to enter into a contract is Article 6(1b) GDPR and, with regard to all other data, Article 6(1a) GDPR (if and insofar as you give your consent). Furthermore, we process data in accordance with Article 6(1f) GDPR if this is required in order to protect our legitimate interests or those of third parties, provided the interests or basic rights and basic freedoms of the person requiring the protection of their personal data do not prevail.

When using our customer portal and product registration on www.bernina.com

If you wish to use our customer portal, you must first register by providing your email address and a password of your choosing. Username (=email address) and the encrypted password are stored using the Azure cloud service of the Microsoft Corporation, One Microsoft Way Redmond, WA 98052-6399, USA, on servers in the EU. For this registration, we use for the double opt-in process, which means your registration is not complete until you confirm the registration using a code sent to you by email. You must provide the aforementioned data to use the customer portal. You can voluntarily provide more information by using our portal.
 
Alternatively, you can log in using a federated login via your Google or Facebook account. By registering with Google or Facebook, data is exchanged with these providers. For the registration, we receive only the information absolutely necessary for this purpose from the service providers. You can find further information at the end of this paragraph.

In our customer portal, you can view, change, and add to the personal information that we have on record for you at any time. We use this information for customer data management and, if necessary, to process any warranty claims as well as to personalize advertising. Additionally, you can register your BERNINA products, sign up for the BERNINA newsletter, and identify topics that you are particularly interested in.
 
If you want to register a product, we will save the information you provide (serial number, date of purchase, dealer, product, and other information in the questionnaire) and use it for the purpose of customer data administration and, if necessary, to grant any benefits you may be awarded as a result of registering the product, and to provide personalized advertising.
 
You can find more information about data protection when using the newsletter service below under "When registering for our newsletter"in this Privacy Statement.
 
Information that you provide in the customer portal may be linked to other information we have saved about you in a customer profile. In doing so, we comply with the principle of purpose limitation and only link data that has been collected for the same purposes (e.g. for personalized advertising). BERNINA can provide dealers, suppliers, or service providers with information from your customer profile if you have given your consent, which is revocable at any time, to this submission or if the transmission of this information is necessary in order to process your request. BERNINA will only transmit your data to third parties to the extent required. These third parties are obligated to adequately protect your data and to use it in conformity with the law.
 
The processing of your data when using the customer portal is subject to art. 6 para. 1 sent. 1 lit. a) (if and to the extent you give your consent), lit. b) (product registration), and lit. f) (other cases; in these cases, the legitimate interests of BERNINA are those of direct marketing) of the EU General Data Protection Regulation (GDPR). You are neither legally or contractually obligated to provide information. Use of the customer portal, however, is only possible if the required information specified above has been provided. Any benefits arising from product registration can only be provided if the product has been registered.
 
You can delete individual data stored in the customer portal at any time. All of your stored data may be deleted upon request. More information about your information and consent revocation rights is available in Section 10 of this privacy policy. In all other respects, your data will be deleted when the purpose for which the data was collected no longer exists.

Detailed information on using the federated login via your Google or Facebook account:

The following data is transmitted from Facebook to BERNINA: 

"Public Profile" category
The Public Profile authorization makes it possible to read standard public profile fields. The permissible use of this authorization is to authenticate app users and provide you with a personalized experience in the app. This authorization is automatically granted by Facebook and is not used by BERNINA. 
 
"Email" category
The Email authorization enables your app to read the primary email address of an individual. The permissible use of this authorization is to enable users to log into the customer portal and the BERNINA app using the email address linked to their Facebook profile. This authorization is automatically granted by Facebook. 
 
The following data is transmitted from Google to BERNINA:
Google sends an ID token to BERNINA. Access to the token is reduced to the required minimum. BERNINA only uses the "email" and "sub" information for the authentication:  

• Email: The user's email address. This value may not be unique for this user and cannot be used as a primary key.
• Sub: An identifier for the user that is unique in all Google accounts and is never reused. A Google account can have multiple email addresses at various points in time. However, the sub value remains unchanged.

No personal data is transferred from BERNINA to Google and/or Facebook.

When signing up for our newsletter
Applies to www.bernina.com, blog.bernina.com, inspiration.bernina.com, kurse.bernina.com

You can sign up for our newsletter to receive information about the latest trends in sewing, quilting, and embroidery as well as attractive offers from BERNINA.

When registering for our newsletter, we use the double opt-in procedure. This means that we send an email to the specified email address in which we ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration, your information will be automatically deleted. In addition, we will save your IP addresses as well as the date and time of registration and confirmation. The purpose of the procedure is to verify your registration and, if necessary, to investigate any possible misuse of your personal data.

In addition to your email address, on some forms, your name and/or your zip code are mandatory information for sending the newsletter. We want to send our users high-quality newsletters that are customized to their needs. In order to address you personally in the newsletter, and to tailor the newsletter to your needs, we also require your name, and in some cases your zip code, when you subscribe to the newsletter. You are neither legally nor contractually obligated to provide information. However, the use of our newsletter service is only possible if the aforementioned mandatory information is provided.

If you sign up for the BERNINA newsletter, the data you enter when registering (name, email address, interests, zip code, and additional information where appropriate) is stored for the purpose of direct marketing (including the delivery of personalized content within the newsletters but also on the BERNINA website) and may be linked to other data that BERNINA has saved about you.

Please note that we use our newsletter to evaluate your user behavior. This may be done using an algorithm or manually. If you click on a link in a newsletter, you will be directed to one of our websites via a Salesforce Marketing Cloud server. Salesforce Marketing Cloud evaluates various parameters, e.g. when you click which links in the newsletter and which of our pages you visit. To evaluate user behavior, we link the data generated in this way with other user data, in particular data collected via a Salesforce Marketing Cloud cookie (for more information, see Section 5 "Salesforce.com, Inc." of this privacy policy below). We use the aforementioned data to create a user profile in order to tailor our digital offers such as the newsletter or websites to your individual interests.

For sending newsletters and the subsequent evaluation of your user behavior, we use solutions from the external service provider Salesforce.com, Inc., Salesforce Tower, 415 Mission Street, 3rd Floor, San Francisco, CA 94105, USA. This may result in Salesforce.com, Inc. having access to your personal data. The collected data is stored on Salesforce.com, Inc. servers.

In addition to the aforementioned user analysis by Salesforce Marketing Cloud services, some of the services offered by Email on Acid, 5500 Greenwood Plaza Blvd, Suite 220, Greenwood Village, CO 80111, USA are also used, whereby the above statements on data collection/processing and user analysis by Salesforce Marketing Cloud apply accordingly to Email on Acid's analysis and tracking services.

In addition, we use the services of Email on Acid to test the presentation of newsletters on different email platforms and on different mobile devices. In isolated cases, this can result in the transmission of personal data to Email on Acid.

Email on Acid processes this data exclusively on behalf of and in accordance with the instructions of BERNINA.

For sending newsletters and the subsequent evaluation of your user behavior, we use solutions from the external service provider MailChimp, The Rocket Science Group, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA. This may result in MailChimp having access to your personal data.

The legal basis for the aforementioned data processing is Art. 6 para. 1 clause 1 a) of the GDPR or, insofar as consent has not been granted in individual cases, Art. 6 para. 1 clause 1 f) of the GDPR.

You can revoke your consent to receiving the newsletter and unsubscribe from the newsletter at any time. You can declare that you revoke your consent by clicking on the link provided in each newsletter email, by sending an email to [email protected] or by sending a message to the contact details given in the imprint. This applies equally to an objection against commercial use in the event that you have not given consent to the sending of newsletters.

The data collected in relation to this will be stored until the consent is revoked.

3. Use of service providers, communication of data

BERNINA uses selected external service providers to deliver support and administrative functions for our website and app. These service providers may occasionally have access to your personal information. The service provider processes your data solely on behalf of and in accordance with the instructions of BERNINA and in compliance with this privacy policy and the applicable laws.

We currently use the following service providers:
 

A transfer of your personal data to other third parties takes place only insofar as the transmis-sion is explicitly stated in this privacy policy or that it happens for one of the following reasons:

• You have given your explicit consent in accordance with Art. 6 para. 1 clause 1 lit. a of the GDPR.
• In accordance with Art. 6 para. 1 clause 1 lit. f of the GDPR, the disclosure is required in relation to the assertion, exercise or defense of legal claims, or for the delivery of our website or app and there is no reason to believe that you have an overriding legitimate interest in the non-disclosure of your information
• In the event that the disclosure is a legal obligation in accordance with Art. 6 para. 1 clause 1 lit. c of the GDPR
• The disclosure is permitted by law and is required to conclude a contractual relationship with you in accordance with article 6 para. 1 clause 1 lit. b of the GDPR.

4. Cookies

BERNINA uses cookies on this website or app. Cookies are small pieces of text information, which are stored by your browser (e.g. Internet Explorer or Mozilla Firefox) on your computer's hard drive or by your app in the device memory of your mobile device and which allow the flow of specific information to us. This does not mean, however, that we can immediately determine your identity.
 
On the one hand, the use of cookies serves to make using our website and app more convenient for you. This is why we use so-called session cookies, to recognize that you have already visited individual pages of our website or app. These are automatically deleted after leaving our site or app.
 
In addition, we also use temporary cookies to enhance the user experience; these are stored for a specific length of time on your device. Should you revisit our site or app to make use of our services, it will automatically detect that you previously visited, what you entered, and which settings you selected so that you do not have to enter them again.
 
We also make use of cookies to capture statistical data on the use of our site or app and to evaluate it in order to optimize our website and app tto you (see sections 5 and 6 of this privacy policy). When visiting again, these cookies allow our website or app to automatically detect that you have previously visited us. These cookies are automatically deleted after each defined period of time.
 
The data processed by the cookies is necessary to protect our legitimate interests for the aforementioned purposes as well as those of third parties in accordance with Article 6(1f) GDPR.
You can configure your browser settings or the settings of your mobile operating system and the app according to your wishes and refuse, for example, to accept third-party cookies or all cookies. If you opt out of the use of cookies, your ability to use every function on this website or app to its fullest extent could be limited.
 
The legal basis for the use of cookies is Article 6(1a) GDPR based on your consent. Strictly necessary cookies shall be set based on Article 6(1f) GDPR.

Overview of cookies used

You can find more information about the cookies we use on the respective websites and the option to change your cookie settings in our cookie lists:
 

• www.bernina.com
• blog.bernina.com blog.bernina.com blog.bernina.com blog.bernina.com
• inspiration.bernina.com inspiration.bernina.com inspiration.bernina.com inspiration.bernina.com inspiration.bernina.com inspiration.bernina.com
• www.bernette.com

5. Web and app analysis

Google Analytics
Applies to all websites mentioned

This website uses Google Analytics, a web analytics service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). By using Google Analytics, we want to ensure a needs-based design and the continuous optimization of our website as well as statistically capturing the use of our website in order to optimize our offer for you. The legal basis for this is Art. 6 para. 1 clause 1 lit. f of the GDPR. 

Google Analytics uses "cookies", text files that are stored on your computer and enable your use of the website to be analyzed. Google Analytics cookies, however, are only used if you have consented to the storage of "performance cookies". You can check this on our cookie lists at any time or change your active settings.

The information generated by the cookie about your use of the website is usually transmitted to and stored on a Google server in the USA. This website uses Google Analytics with the "_anonymizeIp()“ function. This means that IP addresses are processed in a shortened form so that it is not possible to relate them to a person. Insofar as a personal reference is included in the data collected about you, it is therefore immediately excluded and the personal data thus promptly deleted. Google operates data centers worldwide (inside and outside the EU and USA). We do not know whether your data may also be transmitted by Google to servers outside the EU and USA.
 
Google will use this information on behalf of BERNINA to analyze your use of the website for BERNINA, to compile reports regarding website activity and to provide other services related to website and Internet usage (in particular functions for display advertising, such as remarketing, reports on Google Display Network impressions, DoubleClick Campaign manager integration and Google Analytics demographic and interest reports).
 
Under certain circumstances, Google may analyze your usage behavior over several end devices (PC, smartphone, tablet, etc.) and evaluate it for BERNINA using cross-device functions. For this, Google may link information generated by the respective end devices for the purpose of personalized advertising with other such data and with data from your Google Account, if you have a Google Account and your preferences are set to allow Google to link the browsing history to the Google Account and use information from the Google Account to personalize the advertising you receive.
 
Information about the third-party provider: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, Terms of Use: https://marketingplatform.google.com/about/analytics/terms/us/, overview of data protection: https://support.google.com/analytics/answer/6004245?hl=en, and the privacy policy: https://policies.google.com/privacy.

DoubleClick by Google
Applies to all websites mentioned

This website makes further use of the Online Marketing Tool DoubleClick by Google, part of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ("Google"). DoubleClick uses cookies to place ads that are relevant to users, to improve campaign performance reports, or to prevent a user from seeing the same ads multiple times. DoubleClick cookies, however, are only used if you have consented to the storage of "performance cookies". You can check this on our cookie lists at any time or change your active settings.

Google uses a cookie ID to determine which ads are running in which browser and can therefore prevent them from being displayed multiple times. In addition, DoubleClick uses cookie IDs to capture so-called conversions, which are related to ad requests. This is the case if a user sees a DoubleClick ad and later visits the advertiser's website using the same browser, and then purchases something. According to Google, DoubleClick cookies contain no personal information.
 
Due to the marketing tools used, your browser automatically establishes a direct connection with the Google servers. We have no control over the extent and continued use of the data collected through the use of this tool by Google and therefore inform you to the best of our knowledge: By integrating DoubleClick, Google receives information that you have accessed the respective part of our website or have clicked on an ad from us. If you are signed in to a Google service, Google can link the visit to your account. Even if you are not registered with Google or have not logged in, there is a chance that the provider will detect and store your IP address. Google operates data centers worldwide (inside and outside the EU, USA). We do not know whether your data may also be transmitted by Google to servers outside the EU and USA.
 
The legal basis for the processing of your data is Article 1(1f) GDPR. You can find further information about DoubleClick by Google at https://support.google.com/campaignmanager/answer/9015629?hl=en und https://marketingplatform.google.com/about/enterprise/, and on data protection at Google in general: https://https://policies.google.com/privacy. Alternatively, you can visit the website of the Network Advertising Initiative (NAI) at https://www.networkadvertising.org .

Google Tag Manager
Applies to all websites mentioned

BERNINA uses Google Tag Manager, a service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Using this service, website tags (tags are small code elements on the website that among other things, are used to measure traffic and visitor behaviors) can be managed via one interface. Google Tag Manager itself captures aggregated data for monitoring the stability and performance of the system. However, this data does not include IP addresses or other user-specific identifiers that could be assigned to a specific individual (see https://support.google.com/tagmanager/answer/9323295?hl=en). Its sole purpose is to trigger other tags, which in turn may capture data. Google Tag Manager does not, however, have access to this data. If disabled at the domain or cookie level, it will remain in effect for all tracking tags implemented with Google Tag Manager. 
 
The information under Item 5. "Google Analytics" with respect to Google as a third-party provider shall apply mutatis mutandis.

Salesforce.com, Inc.
Applies to www.bernina.com

BERNINA uses Salesforce Marketing Cloud of Salesforce.com, Inc., Salesforce Tower, 415 Mission Street, 3rd Floor, San Francisco, CA 94105, USA. Salesforce Marketing Cloud uses cookies to analyze user behavior on our websites and our app. By using Salesforce Marketing Cloud, we want to analyze which of our websites/app are visited by users and what products users are interested in, in order to be able to present our users tailored, needs-based content, as well as for direct marketing purposes. The data from the analysis of user behavior is recorded anonymously or, if possible, in user profiles. User behavior may be evaluated using an algorithm or manually.

For the evaluation of the user behavior, the information about the use of the web page or app is linked to an individually generated customer ID and possibly to other data, e.g. with information that we generate about the use of our newsletter (for more information, see Section 2 d) of this privacy policy below), with information about actions taken by the user on our website or app, with the data listed under Section 2 a), and with other data that may already be stored in a customer profile about the respective user. User behavior is recorded in a user profile and evaluated if consent to the receipt of newsletters has been provided. If such consent has not been provided, the cookie only records anonymous data of the user.
 
The use of Salesforce.com, Inc. services may result in Salesforce.com, Inc. having access to your personal data. Salesforce.com, Inc. processes your data exclusively on behalf of and in accordance with the instructions of BERNINA. Further information on Salesforce Marketing Cloud can be found at https://www.salesforce.com/uk/products/marketing-cloud/overview/. The collected data is stored on Salesforce.com, Inc. servers.
 
The cookies used by Salesforce are classified as "cookies for marketing purposes". You can disable "cookies for marketing purposes" at any time via our cookie lists.

The legal basis for this is Art. 6 para. 1 clause 1 a) of the GDPR, insofar and to the extent that consent is given, otherwise Art. 6 para. 1, clause 1 f) of the GDPR.

Bryj Technologies, Inc.
Applies to the BERNINA App

Our app and website use a web analysis service provided by Bryj Technologies, Inc., 5 Third Street, Suite 520, San Francisco, CA 94103, USA („Bryj“). By using Bryj we want to ensure a needs-based design and the continuous optimization of our website and to analytically record the use of our website in order to optimize our service for you. The legal basis for this is Article 6(1a) GDPR, insofar and to the extent that consent is given. Where technically necessary and/or this is required in order to protect our legitimate interests: Article 6(1f) GDPR. When downloading the app from the Google and Apple app stores, anonymous data from the relevant app store is transferred to Bryj.  

Bryj collects personal data for the fulfillment of its contractual obligations and saves this data only for the period in which it is required for the provision of services. We have concluded an order processing agreement with Bryj.

You can specify the extent of the data collection and storage when you give consent to the enabling of "performance cookies". You can disable this setting at any time via our cookie lists . 

If you have consented to the enabling of "performance cookies", the data collected by Bryj includes the following:

• Device ID
• Application ID
• Push Token
• Notification Authorization Status
• SDK Platform
• Public Key
• Authentication Secret
• Device Type
• Application Version and Build Number
• Country Code
• Device Model
• Language
• Mobile Network Code
• Mobile Country Code
• Time Zone
• Time Zone Name
• Operating System Version
• Is Device Jailbroken
• Interface Ideom
• SDK Version
• Session Timeout
• … 

If you objected to the storage of "performance cookies", Bryj still collects the following data (minimal data collection):

• Device ID
• Application ID
• Push Token
• Notification Authorization Status
• SDK Platform
• Public Key
• Authentication Secret

Bryj will use this information on our behalf to evaluate your use of the app/website, to compile reports about app/website activities and to provide other services associated with use of the app/website.

Third-party information: Bryj, 5 Third Street, Suite 520, San Francisco, CA 94103, USA, Privacy Policy: https://bryj.ai/privacy.

6. Use of social media links and plug-ins

Social media links on www.bernina.com, blog.bernina.com and inspiration.bernina.com

On our website and app, we use links to our social media profiles on Facebook, Instagram, Twitter, Google+, Flickr as well as YouTube in order to raise the awareness of the profiles of BERNINA.
 
These services are only included as links to the relevant social networks. No data can be transferred to the providers of the social networks if you do not click on the respective links. After clicking on the embedded links, you will be redirected to the page of the respective provider. Only then will user information be transmitted to the respective provider.
 
Addresses of the relevant providers and URLs with their privacy policies:
 
a) Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA; https://www.facebook.com/policy.php; for further information on data collection on websites, use the "Like" button: https://www.facebook.com/help/186325668085084.

b) Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA, for further information on data collection: https://help.instagram.com/155833707900388.

c) Google LLC., 1600 Amphitheater Parkway, Mountainview, California 94043, USA; https://policies.google.com/technologies/partner-sites?hl=en. 

d) Flickr: Oath, Inc., Oath, Inc. 770 Broadway Fl 4 New York, NY 10003-9558, USA, for further information on data collection: https://legal.yahoo.com/ie/en/yahoo/privacy/index.html&ZWSpace;.

e) YouTube LLC., 901 Cherry Ave., San Bruno, CA 94066, USA; https://policies.google.com/privacy?hl=en. 

Social media plug-ins on www.bernina.com and blog.bernina.com
 
On the basis of Article 6(1f) GDPR, we use a social media plug-in from the Pinterest social network on the article pages on our blog to raise the awareness of BERNINA and to allow our users to share content with friends and acquaintances. The underlying purpose of advertising is considered a legitimate interest within the meaning of the GDPR.
 
If you access a page that contains a social media plug-in from Pinterest, no personal data will be initially passed on to Pinterest. Only when you click on the social button of the Pinterest plug-in provider will you establish a connection to the Pinterest server. By creating a connection to the Pinterest server, log data will be transferred to Pinterest. This log data may include your IP address, the address of sites you have visited that also contain Pinterest features, the type of browser and its settings, the date and time of the request, how you use Pinterest and cookies. Personal data may therefore be transmitted to Pinterest and stored (possibly in the USA).
 
We have no control over the data collected and the data processing operations, nor are we aware of the full scope of the data collected by Pinterest, the purposes of the processing, and the retention periods. We also have no information with respect to deleting the data collected by Pinterest. Responsibility for operations that comply with data protection is to be guaranteed by Pinterest.
 
Pinterest stores the data collected about you as a user profile and uses it for the purposes of advertising, market research and/or tailor-made website design. Such an assessment is carried out in particular (also for users who are not logged-in) for the presentation of demand-oriented advertising and to inform other Pinterest users about your activities on our website or app. You have the right to object to the creation of this user profile and you must contact Pinterest to exercise this.
 
The data transfer takes place irrespective of whether you have an account with Pinterest and are logged in. If you are logged in to Pinterest, your data that is collected from us will be associated directly with your Pinterest account. If you press the button and, for example, link to the page, Pinterest also saves this information in your user account and communicates this to your contacts publicly.
 
For more information on the purpose and scope of the data collection and its processing by Pinterest, please read the privacy policy of Pinterest which is linked below. You will also find further information about your rights and settings options pertaining to the protection of your privacy:
 
Pinterest Europe Ltd. Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland, https://policy.pinterest.com/en/privacy-policy.

7. Integration of YouTube videos

Applies to www.bernina.com, blog.bernina.com and www.bernette.com

We have integrated YouTube videos from YouTube LLC, 901 Cherry Ave, San Bruno, CA 94066, USA ("YouTube"), in our online website and app, which are stored on https://www.youtube.com and can be displayed directly from our webiste or app. The YouTube videos are integrated for the purpose of ensuring a comfortable user experience of the website or app. The legal basis for this is Art. 6 para. 1 clause 1 lit. f of the GDPR.

The YouTube videos on our website and app are all embedded in "enhanced privacy mode", which means that no data about you as a user is transferred to YouTube if you are not playing videos. Only when you play a video, will the following data will be transmitted to YouTube. There is nothing we can do about this data transfer.
 
By playing a video, YouTube receives information showing that you have accessed the corresponding subpage of our website or app. In addition, log data in accordance with section 2. a) of this policy is transferred. This happens regardless of whether YouTube provides a user account that you are logged in to, or if there is no user account. If you are logged in to Google, your data will be associated directly to your account. If you do not want this to be associated with your profile on YouTube, you must log out before visiting our website or app. YouTube stores your data as a user profile and uses it for the purposes of advertising, market research and/or tailor-made website design. Such an assessment is carried out in particular (also for users who are not logged in) for the delivery of demand-oriented advertising and to inform users of other social networks about your activities on our website or app. You have the right to object to the creation of this user profile and you must contact YouTube to exercise this.
 
YouTube is an affiliated company of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. For more information on the purpose and scope of the data collection and its processing by YouTube, please look at the Google Privacy Policy. You will also find further information about your rights and settings options pertaining to the protection of your privacy:  https://policies.google.com/privacy?hl=en Google operates data centres worldwide (inside and outside the EU, USA). We do not know whether your data may also be transmitted by Google to servers outside the EU and USA.

8. Google Maps

Applies to www.bernina.com, blog.bernina.com and www.bernette.com

On this website or app we use a service from Google Maps by Google LLC., 1600 Amphitheater Parkway, Mountainview, California 94043, USA ("Google"). This allows us to show you interactive maps directly on the website or app and allows you to conveniently use the map feature. The legal basis for this is Art. 6 para. 1 clause 1 lit. f of the GDPR.

By visiting the website or app, Google receives the information that you have accessed the corresponding sub-page of our website or app. In addition, the data specified under Section 2. a) of this declaration is transmitted to Google. This happens regardless of whether Google provides a user account that you are logged in to, or if there is no user account. If you are logged in to Google, your data will be associated directly to your account. If you do not want this to be associated with your Google profile, you must log out before visiting our website or app. Google stores your data as a user profile and uses it for the purposes of advertising, market research and/or tailor-made website design. Such an assessment is carried out in particular (also for users who are not logged in) for the delivery of demand-oriented advertising. You have the right to object to the creation of this user profile and you must contact Google to exercise this.
 
To best protect your data, we have signed a contract processing agreement with Google.

More information on the purpose and scope of the data collection and its processing by Google can be found in the Google data protection policy. You will also find further information about your rights and settings options pertaining to the protection of your privacy: https://policies.google.com/privacy?hl=en. Google operates data centers worldwide (inside and outside the EU and USA). We do not know whether your data may also be transmitted by Google to servers outside the EU and USA.

9. Data security

When you visit the website, we use the widely used TLS (Transport Layer Security) protocol in conjunction with the highest encryption level supported by your browser. We also take appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments. However, BERNINA cannot guarantee the security of the data transmitted by you as a user. Any transmission of data is undertaken at your own risk.

10. Your rights

You have the right:

• In accordance with Article 15 GDPR, to request information about your personal data processed by us. In particular, you can request information on the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed, the planned storage period, the right to modifications, deletion, limitation of processing or contradiction, the existence of the right to appeal, the origin of the data insofar as it was not collected from us, and the existence of automated decision-making, including profiling and, where appropriate, descriptive information about the details thereof
• in accordance with Art. 16 of the GDPR to immediately request the correction of inaccurate or the completion of personal data stored by us
• in accordance with Art. 17 of the GDPR to request the deletion of your personal data stored by us, insofar as the processing is not required for the exercise of the right to freedom of expression and information, to comply with a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal rights
• in accordance with Art. 18 of the GDPR to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you reject its deletion and we no longer need the data, yet you need this to assert, exercise or defend legal claims or you have lodged an objection to the processing in accordance with Art. 21 of the GDPR
• in accordance with Art. 20 of the GDPR, to receive your personal data, which you have provided to us, in a structured, common and machine-readable format or to request its transmission to another responsible person
• in accordance with Art. 7 para. 3 of the GDPR, to revoke the consent granted to us at any time. The consequence is that we are no longer allowed to continue data processing, based on this consent, in the future.

To exercise the aforementioned rights, please send an email to [email protected] or send us a message to the contact details given in the Legal notice.

Right to object:
If we process your personal data to protect legitimate interests within the meaning of Article 6(1f) GDPR, then in accordance with Article 21(1) GDPR, you have the right to object to this processing for reasons that arise from your particular situation. You can object to the processing of your data for direct marketing purposes at any time and without reason, in accordance with Art. 21 (2) GDPR. In order to exercise your right to object, it is sufficient to send us an informal notification, e.g. via email to [email protected].
 
Right to lodge a complaint:
If you believe that the processing of personal data concerning you violates the General Data Protection Regulation, then in accordance with Article 77 GDPR, you have the right to lodge a complaint with a supervisory authority for data protection.

11. Currency of and amendments to this privacy policy

This privacy policy is currently valid and was last updated on April 3rd, 2023.
 
As a result of the further development of our website or app and offers, or due to amended statutory or regulatory requirements, it may be necessary to change this privacy policy. The respective current privacy policy can be consulted at any time on our website at https://www.bernina.com/privacy or in our app and can be printed out.