Designer Privacy Notice
The controller is By Maria, Windenweg 5, 6345 Neuheim, Switzerland.
By Maria considers it important that its website users are informed as to when, for what purposes and which personal data are processed.
By Maria reserves the right to amend this Privacy Notice from time to time. You should therefore read this Privacy Notice regularly. The date of the then-current version (valid from) may be found at the beginning of the Privacy Notice.
What are personal data?
Personal data means any information relating to an identified or identifiable natural person (e.g., name, address, telephone number, date of birth or email address).
In general, you can use our website without providing any personal data. The use of certain website services may require personal data to be provided, for instance in order to sign up for a newsletter, to leave a comment in our forum or to design shoes in our designer platform.
Personal data are therefore not processed as a matter of course, but rather only under certain circumstances and for specific purposes.
When are personal data processed in connection with BY MARIA’s website?
In order to provide the By Maria’s online services, By Maria or third parties process personal data in
- Websites: Personal data are processed using [log files], [cookies], [analysis tools], and [plugins] of social media and other providers.
- B. User generated content: Personal data are collected through our designer platform and processed in the form of [user generated content].
- C. Designer platform: Personal data are processed to enable designers to use our designer platform [designer platform].
- D. Contact form: Personal data are processed via [contact forms] in order to deal with requests of website users, including requests from our designers.
- E. Newsletter: Distribution of newsletters [newsletter]
For what purposes are personal data processed?
- Optimising the website (e.g., market research and internet audience measurement)
- Personalising the website for designers
- Enabling designers to use our designer platform so they can present their shoe designs and profile
- Distribution of newsletters
- Dealing with requests, complaints and enquiries of users and designers
- Ensuring data security for the users of our website
On what legal basis does By Maria process personal data?
Insofar as we obtain your consent to process personal data, your consent serves as the legal basis. This is the case for example in connection with our newsletter or if you use our designer platform.
We also process your personal data on the basis of our legitimate interest. This includes processing for purposes of:
- optimising and personalising our website
- dealing with your requests, complaints and enquiries
- granting access to our customer platform to enable users to produce and publish their own contributions
- ensuring data security for the users of our website
When you order shoes within our customer platform, we need to process your personal data for the performance of the contract we concluded with you. This includes processing which is necessary prior to entering into a contract.
To the extent personal data is processed based on a legal obligation, this serves as the legal basis. This may be the case for example relating to the disclosure of personal data to third parties or storage or retention periods.
The disclosure of personal data to third parties
Is personal data disclosed to third parti
In general, we only disclose your personal data to third parties insofar as it is necessary for the performance of the contract, we have a legitimate interest in doing so or you have provided your consent.
Furthermore, your data may be disclosed to third parties insofar as we may be obliged to do so pursuant to legal provisions or an enforceable administrative or court order.
Are third parties used for processing data?
We use third party service providers for data processing. Service providers are generally involved as so-called “processors”, who may only process the personal data of the users of our website in accordance with our instructions. For example, your email address may be passed along to a service provider in order for it to send you a newsletter you requested.
Is personal data sent to recipients in a third country (outside Switzerland, the EU or the EEA)?
We also provide personal data to third parties that are not based in the EU/EEA or Switzerland. In this case, we ensure prior to disclosure either that the recipient provides an adequate level of data protection (e.g., on the basis of an adequacy decision for the relevant country, self-certification by the recipient for the EU-U.S. Privacy Shield, the application of standard contractual clauses of the European Union). In order to perform the contract we have concluded with you (based on your initiative), we need to disclose your personal data to our partner (walking with sense foundation) in Colombia.
We can provide you with an overview of the third country recipients along with a copy of the terms specifically agreed to in order to ensure an adequate level of data protection. Please use the details provided in the Contact section to do so.
Duration of storage and retention periods
For how long does By Maria retain the personal data?
We store your data for as long as is necessary in order to provide our website services and the related services or for as long as we have a legitimate interest in continuing storage. In all other cases, we delete your personal data, with the exception of any data that we are required to retain in order to comply with legal obligations (e.g., retention obligations).
Rights of users
What are your rights as a data subject?
- Right of access: Users have the right to request confirmation from the controller as to which
personal data concerning them is being processed and whether these data are being transmitted to a
- Right to rectification: Users have the right to request the controller to correct any incorrect or
incomplete personal data relating to them.
- Right to erasure: Users have the right to request the controller to erase promptly any personal data
relating to them if these data are no longer necessary for the purposes for which they were collected
or processed. The same applies if the data subject withdraws consent or objects to the processing in
absence of an overriding legitimate interest of the controller or if these data are being unlawfully
processed. The data subject may additionally execute this right in case where the controller is subject
to a legal obligation to delete these personal data or when the personal data have been collected in
the context of information society services.
- Right to restriction of processing: Users have the right to request the controller to restrict
- Right to withdraw consent: Users have the right at any time to withdraw their consent to the
processing of any personal data relating to them for any specific purpose or purposes if that
processing is based on their express consent. The withdrawal of consent will not affect the lawfulness
for the processing on the basis of that consent carried out prior to the withdrawal of consent.
- Right to object: Users have the right at any time to object to the processing of any personal data
relating to them if the processing occurs on the basis of the legitimate interest of the controller or of a
third party. Where personal data are processed for direct marketing purposes, users have an
absolute right to object to such processing at any time.
Right to lodge a complaint with the supervisory authority
You have the right to lodge a complaint with a data protection authority. In order to do so, you may contact
the data protection authority competent for your place of residence or your federal state, or the data
protection authority competent for us. This is:
Eidgenössischer Datenschutz- und Öffentlichkeitsbeauftragter
Telefon: +41 (0)58 462 43 95
How can you exercise your rights?
In order to exercise your rights, please contact: [email protected]. Further information may be found
Data protection contact
Please do not hesitate to contact us by email via [email protected] for any information or with any
suggestions regarding data protection.
If you wish to contact us, you may reach us as follows:
6345 Neuheim (CH)Street
Email: [email protected]