1. Your safety is our top priority
1.1 General information
The Terms and Conditions of Use of the website and the legal requirements on privacy and data protection are adapted, supplemented or amended from time to time. Each time you access or visit the website, the versions accessible at that time apply. Please visit this page every time you visit the site to view the latest Terms and Conditions of Use.
1.2 How does this policy apply to residents of countries other than the United States of America?
2. Collection of personal data
2.1 Collection of personal data for informational use
On visiting the BERNINA website, there is no automatic collection of personal information about the user, such as name, address telephone number or email address unless this information is provided voluntarily by the user by filling in a form on the website or making contact with us in another way via the site. Data collection and analysis also applies to information you provide to us when you subscribe to one of our services or if you require other services. In addition, we may keep records of correspondence if you make contact with us.
2.2 Collection of personal data for special uses
2.2.1 Customer portal
If you wish to use our customer portal, you must first register by providing your name, your email address, and a password of your choosing. This information will be stored in the Microsoft Azure Cloud on servers in the EU. For this registration, we use for the so-called 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.
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.
For more information on data privacy when using the newsletter service, please see section 2.2.2 Newsletter.
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 link only data that has been collected for the same purposes (e.g. for 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.
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. Additional information about your information and revocation rights is available in paragraph 9 of the data protection provisions. In all other respects, your data will be deleted when the purpose for which the data was collected no longer exists.
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.
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 cases where personal data is transferred to servers in the USA, Salesforce.com, Inc. is subject to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
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. This may result in the transmission of your personal data to Emails on Acid in the USA. In cases where personal data is transferred to servers in the USA, Email on Acid is subject to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
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.
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@example.com 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.
At no time is spy software installed or used to gain access to data and information stored on your computer.
Cookies make it easier for you to use the BERNINA website and contain no personal information about the user. Most browsers automatically accept cookies. However, you can configure your browser so that it does not accept or store cookies. Details of how to do this can be found in the operating instructions or help files of your browser.
4. Use of information
The anonymized data that are retained when accessing our website via cookies can be used for purposes of analysis and for optimizing the website in conjunction with third party services. As a result, these third parties can - to a limited extent - themselves collect personal data about BERNINA users, provided that they recognize them, for instance, by means of their own cookies or logins.
4.1 Google Analytics
The BERNINA website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and enable your use of the website to be analyzed. 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. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. BERNINA has also activated the "anonymizeIP" configuration for Google Analytics on this website. This ensures that IP addresses are processed in truncated form, to prevent specific users from being identified. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there.
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 so-called 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.
You can prevent Google Analytics cookies from being stored on your computer by selecting the relevant settings in your browser. However, please note that, if you do this, you may not be able to utilize the full functionality of this website. You can also prevent Google from collecting and processing the data generated by the cookie about your use of the website (including your IP address) by downloading and installing the browser plug-in available from the following link: http://tools.google.com/dlpage/gaoptout.
As an alternative to the browser plug-in or in browsers on mobile devices, you can click the following link to set an opt-out cookie that will prevent Google Analytics data collection from this website in the future (this opt-out cookie only works in this browser and for this domain; if you delete your cookies in this browser, you will have to click this link again): Click here to set your opt-out cookie.
4.2 Google AdWords conversion tracking
This website also uses Google AdWords conversion tracking, a web analysis service by Google, Inc., for improving the website and the advertising activities. The cookie for conversion tracking is set when a user clicks on an ad controlled by Google. These cookies become invalid after 30 days and are not used for personal identification. If you visit certain pages of our website within these 30 days, both we and Google in the USA can recognize that you clicked on the ad and were routed to this site. Every Google AdWords customer gets a different cookie. As a result, cookies cannot be tracked via the websites of AdWords customers. The information obtained by conversion cookies is used to generate conversion statistics for us. We learn the total number of users who clicked on our ad and were routed to our site. However, we do not receive any information by which you can be personally identified.
If you do not want to participate in the tracking, you can simply disable the Google conversion tracking cookie in your web browser's user settings. In that case you are not included in the conversion tracking statistics. Additional setting options can be found on the web page about disabling Google ads at http://www.google.com/policies/technologies/ads/.
4.3 Use of A/B testing by Visual Website Optimizer
More information about how Visual Website Optimizer processes your data can be found at https://vwo.com/privacy-policy/. You can disable Visual Website Optimizer tracking at any time by following the instructions at https://vwo.com/opt-out/.
4.4 Ignition One
BERNINA uses the Digital Marketing Suite (DMS), a service for web analysis by IgnitionOne Deutschland GmbH, Leonrodstr. 52, 80636 Munich, Germany. The DMS helps BERNINA to analyze user behavior while on bernina.com in order to improve and optimize the website and the provided content continuously.
Using a tag that runs in the background of bernina.com, IgnitionOne collects information about user behaviors, such as product interests on the website. Once a page is opened, the following data will be transmitted to IgnitionOne: The complete URLs you loaded to enter the page, the page you visited before you entered the currently opened page, the time you stayed on our pages, browser type, operating system and device type, cookie settings and the time you entered the page. Furthermore, we assign a user ID to you which is stored in a cookie on your browser, provided you accept cookies and you haven’t withheld your consent for analysing your behavior (appeal procedures are described below). With every click on a button or link an anonymous profile is updated based on the currently visited page and the page visited before. The profile information will be stored in the BERNINA user database on IgnitionOne servers within the European Union. Depending on the usage of the website, separate forms and offers may be displayed.
You can deactivate cookies at any time. However, this might lead to the website not being able to be used without restrictions. Alternatively, you can perform an opt-out at https://www.ignitionone.com/cookie-opt-out/. Once you’ve done this, IgnitionOne will delete all existing cookies and attempt to set a new one (no cookie tracking) in order to make sure that your deactivation of cookies is valid for future visits to the website. Furthermore, all data that has already been collected by the IgnitionOne data collection tag will be deleted. The no-track-cookie tells the IgnitionOne server that no further user analysis shall be created in the future. If your browser is configured in a way that cookies are not accepted in general, a no-track-cookie cannot be set. Furthermore, if you delete cookies or if you use a different browser or computer, you have to perform the opt-out procedure again.
Furthermore, the BERNINA website uses a service by Quantcast, 795 Folsom Street, 5th Floor, San Francisco, CA 94107, to create individual, anonymous data profiles of our users. This involves a cookie from Quantcast which is set when the user enters the website.
Quantcast only models anonymous records of Internet usage. Quantcast does not intentionally collect any personally identifiable information – that is, information that could be used to uniquely identify or locate an individual.
Information collected by Quantcast may be used by BERNINA to understand the characteristics and demographics of the people who visit bernina.com. Furthermore, this knowledge may be used to develop online advertising which is more efficient, pleasant, and relevant to the user’s interests.
More information about how Quantcast handles your data can be found at https://www.quantcast.com/privacy/. You can disable Quantcast tracking by disabling cookies within your browser.
4.6 Facebook Pixel
BERNINA of America uses a service by Facebook that involves a pixel installation on the website.
Any customer data that BERNINA of America passes through the Facebook pixel is hashed locally on the browser before it goes to the Facebook servers for matching. This hashing process turns data collected from the BERNINA of America pixel into short encrypted messages that cannot be tampered with.
Facebook uses these hashes to match pixel events with people on Facebook. Then Facebook deletes all matched and unmatched hashes immediately after the matching process ends. Facebook does not collect or store any personally identifiable information on their servers.
The Facebook pixel uses secure https connection, so that any data transmitted from the browser will make it to the Facebook servers safely.
Find more information about pixels data here.
4.7 Salesforce.com, Inc.
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/products/marketing-cloud/overview/. The collected data is stored on Salesforce.com, Inc. servers. In cases where personal data is transferred to servers in the USA, Salesforce.com, Inc. is subject to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
You can disable cookies at any time, but this may mean that you no longer have full use of the website. Alternatively, you can use the opt-out process, in which Salesforce.com, Inc. deletes all existing Salesforce.com cookies and attempts to set a new cookie (no-track cookie) so that the opt-out remains in place when the website is accessed in the future. The no-track cookie informs the Salesforce.com server that no more user analytics should be created for you in the future. A no-track cookie cannot be set if your browser is set up in such a way that cookies are not accepted in general. Also, if you delete your cookies, or use another computer or web browser, you will need to perform the opt-out process again.
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.
4.8 Data sent to BERNINA
Information that you provide to BERNINA yourself as a user of the website may be used by BERNINA and companies affiliated with BERNINA in order to improve the BERNINA website and to provide individual support to the user. This also includes sending the user items such as information, offers or notifications regarding BERNINA's product range and services.
4.9 Server location
The personal information collected is transmitted and stored in Austria (location of the server). The information will be treated in Switzerland and in accordance with the applicable Swiss data protection regulations. However, the information may be processed outside of Switzerland by personnel working for us or for our suppliers. By providing your personal information, you consent to the transmission, storage and processing of your information in accordance with these data protection regulations.
5. Social media content
BERNINA may use social media plugins, e.g. by Facebook, Google+ and Twitter, on this website. These platforms have their own privacy policies over which BERNINA has no control.
If the user does not want any of these plugins to be loaded, it is recommended to log out of the particular social media service. In addition, various browsers can be set or upgraded with add-ons (e.g. Facebook blocker) so that the social media plugins are not loaded.
6. Disclosure of information
BERNINA and its subsidiaries and affiliates within the Group use your personal information in accordance with these data protection regulations and will not disclose it to third parties.
Exceptions to this are if you have consented to the disclosure of information to companies not affiliated to BERNINA or if BERNINA is required by law, by a government authority or a court to do so. Another exception is if service providers are engaged to support BERNINA in data processing, administering the website or in another capacity or to provide you with products and services you have requested. These third parties are obliged to maintain the same degree of security and data protection as BERNINA.
Consistent with the Children’s Online Privacy Protection Act (COPPA), bernina.com does not knowingly collect any personal information from children under the age of 13 without prior parental consent. If you make a purchase on bernina.com, you are representing that you are an adult. If you under the age of 13, you must ask your parent or guardian to assist you in using bernina.com.
If BERNINA learns that a child under the age of 13 has submitted personal information online without consent of a parent or guardian, we will take all reasonable measures to delete the information as soon as possible and not to use such information for any purpose, except where necessary to protect the safety of the child or others as required or allowed by law.
8. Data security
The transmission of data over the Internet is unfortunately not absolutely secure. In order to protect your information, BERNINA only collaborates with service providers and Internet providers that take appropriate technical and organisational security measures. 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.
9. Your information and withdrawal rights
You have the option of informing BERNINA at any time - for example, by email - that your information should in future no longer be used to contact you. You can also cancel your participation in particular services of the BERNINA website, such as the newsletter service, at any time.
Depending on where you live, you may have certain rights with respect to your information. Under California laws, California resident have the right to:
- Request BERNINA to provide you access to certain information we hold about you
- Opt out of the "sale" of certain personal information we hold about you
- Request BERNINA to delete certain personal information we hold about you
- Request BERNINA to restrict the use of your information
BERNINA will take reasonable steps to verify your identity, including authenticating your identity through your email address. BERNINA may also require additional documentation, including (but not limited to) a state issued form of identification.
BERNINA will respond to your request within the time period prescribed by applicable law. Please note that many of the above rights are subject to exceptions and limitations. Some BERNINA services can only be provided if we are able to use your information. Therefore, deletion of your information may result in the inability to provide you with certain services that enhance your experience on our website.
California residents with rights under the California Consumer Privacy Act (CCPA) can click here for access or deletion requests.
Your rights and BERNINA’s responses to your requests will vary based on your state or country of residency. Please note that you may be located in a jurisdiction where we are not obligated or are unable to fulfill your request. Under these circumstances, your request may not be fulfilled. If you choose to exercise any of your rights under the CCPA, you have the right not to receive, and will not receive, any discriminatory treatment by BERNINA.
"Do Not Sell My Personal Information" (California Residents only)
California residents may opt out of the "sale" of their personal information. BERNINA does not sell (as "sell" is traditionally defined) any of your personal information for monetary considerations. In other words, we do not provide your name, phone number, address, email address or other personal information to third parties in exchange for money.
California law broadly defines "sale" in a way that may include sharing information with third parties in order to receive certain information such as cookies, IP address and/or browsing behavior to add a profile about your device, browser, and to improve your experience on bernina.com. This profile enables delivery of interest-based advertising on other sites that you visit. Advertising, including interest-based advertising, enables BERNINA to provide you with certain free content and provide relevant offers to you.
We may share the following categories of information for such advertising which may be considered a sale (as defined by California Law):
- Identification and demographics
- Device information and identifiers, such as IP address, and unique advertising identifiers and cookies
- Internet, such as browsing and search history
- Geolocation information, such as city
- And inference data
If you would like to opt out of bernina.com’s use of your information for such purposes (to the extent this is considered a sale), you may do so as outlined at:
Do Not Sell My Personal Information
10. Final provisions
The jurisdiction and applicable law are as stated in the Terms and Conditions of Use.
Last updated: January 30th, 2020