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Privacy Policy

This privacy policy describes how Dauphins Genève, (hereinafter "DAUPHINS GENÈVE") processes your personal data when you visit the website of DAUPHINS GENÈVE, or use the DAUPHINS GENÈVE Booking system.

1. Responsible persons

The responsible person within the meaning of the General Data Protection Regulation ("GDPR")[1] is:

Dauphins Genève

39 Chemin des Ailes

1216, Cointrin,

Suisse

Website: https://www.dauphins.ch

Téléphone: +41 79 953 25 16

email: info@dauphins.ch

2. Personal data and data processing

Personal data is information that relates to an identified or identifiable natural person (so-called "data subject"). Examples are name, address, e-mail address, telephone number, date of birth, age, gender or national insurance number. There are also special categories of personal data (so-called "sensitive data"). The GDPR understands this to mean, for example, health data, data in connection with criminal proceedings or biometric data.

2.1 Data processing due to visits to the website / online shop and fan pages: Cookies are processed in the context of using the website (for more information, see point 7. of this privacy policy). Details on data processing when visiting the DAUPHINS GENÈVE fan pages can be found in point 10. (Facebook) of this privacy policy.

2.2 Data processing for data entries in the online shop: If you place an order via the online shop or contact DAUPHINS GENÈVE otherwise, the data necessary to respond to your enquiry will be processed (legal basis: Art 6(1)a), b) and f) GDPR). This may include, in particular, the following personal data:

· First and last name

· E-mail address and, if necessary, telephone number

· Delivery and payment data

· Other personal data provided by you

2.3 Data processing when contacting DAUPHINS GENÈVE: If you contact DAUPHINS GENÈVE via e-mail, telephone, the website or otherwise, the data necessary to respond to your enquiry will be processed (legal basis: Art 6(1)a), b) and f) GDPR). This includes in particular:

· First and last name

· E-mail address and telephone number

· IP address

· Other personal data provided by you

If you do not wish to disclose personal data to DAUPHINS GENÈVE, DAUPHINS GENÈVE may not be able to establish a business relationship with you or respond to enquiries.

3. Automated decision making according to Art 22 GDPR

DAUPHINS GENÈVE does not use automated decision-making pursuant to Art 22 GDPR.

4. Legal bases for data processing

DAUPHINS GENÈVE only collects, processes, and uses your personal data if there is a legal basis within the meaning of Art 6(1) GDPR. Your data will be processed in particular on the basis of the following legal grounds:

4.1 Consent – Art 6(1)a) GDPR

Data processing is based on your consent, provided that you give your consent when contacting us. Sensitive data (as defined in Art 9 GDPR) and data for sending a newsletter, which you may disclose to DAUPHINS GENÈVE when using the website, are also processed on the basis of consent. The scope and purposes of the processing are determined by the underlying declaration of consent. You can revoke your consent at any time with effect for the future by informing DAUPHINS GENÈVE of your revocation by telephone under  +41 79 953 25 16, by e-mail to info@dauphins.ch or by letter to Dauphins Genève, 39 Chemin des Ailes, 1216, Cointrin, Suisse.

4.2 For the performance of a contract – Art 6(1)b) GDPR

All processing carried out by DAUPHINS GENÈVE in connection with the fulfilment of a contract is based on the legal basis of Art 6(1)b) GDPR. This also includes data that DAUPHINS GENÈVE processes on the basis of any pre-contractual relationships and the sending of e-mails by DAUPHINS GENÈVE regarding information on payments, invoices, changes to the contract and important information on the product (e.g. necessary data changes).

4.3 Legal obligations – Art 6(1)c) GDPR

If DAUPHINS GENÈVE is subject to a legal obligation that requires the processing of personal data, Art 6(1)c) GDPR serves as the legal basis for such data processing.

4.4 Legitimate interest – Art 6(1)f) GDPR

If the processing of personal data is necessary for the purpose of legitimate interests pursued by DAUPHINS GENÈVE or a third party, Art 6(1)f) GDPR serves as the legal basis. A legitimate interest of DAUPHINS GENÈVE is in particular :

i) to ensure the operation and administration of the website and to be able to operate fan pages;

ii) to be able to carry out direct marketing measures;

iii) to ensure network and data security, but only to the extent that the legitimate interest of DAUPHINS GENÈVE is consistent with applicable law and with the rights and freedoms of its users; and

iv) to be able to assert, exercise or defend legal claims.

5. Transfer of data to third parties

5.1 Due to the contemporary complexity of certain data processing procedures, it has become essential to provide certain services with the assistance of third parties. For this purpose, DAUPHINS GENÈVE uses external service providers, e.g. for web hosting and IT systems, to whom your data is made available. These service providers are processors within the meaning of Art 28 GDPR, who are contractually obliged to treat your data confidentially and to process your data only within the scope of the provision of their services.

5.2 The transfer of the data – in the respective individual case – takes place on the basis of the statutory provisions or the contractual agreement to the following bodies:

· Provider for the creation and operation of the DAUPHINS GENÈVE-website (in particular WIX.COM;

· Tax advisory, accounting and bookkeeping companies;

· marketing companies;

· Microsoft (Microsoft Ireland Operations Limited as well as Microsoft Corporation for the operation of the Microsoft Office programs and for cloud services);

· courts, if required;

· legal representatives;

· tax authority.

5.3 Under certain circumstances, DAUPHINS GENÈVE may be required by law to disclose your information to, for example, regulatory and law enforcement authorities. However, this is only to the extent necessary for the prevention and/or detection of fraud and other criminal offences or to ensure network and data security.

6. Newsletter

DAUPHINS GENÈVE only sends newsletters with your consent in order to inform you about news regarding the product range, offers and events concerning DAUPHINS GENÈVE and partners of DAUPHINS GENÈVE. The consent includes the processing of the personal data mentioned below, such as registration data and data based on the "web beacon". Registration is generally carried out by a double opt-in procedure. After registration, you will receive an e-mail in which you are asked to confirm your subscription. As a result, personal data will be processed, such as: name, e-mail, meta/communication data and usage data. The newsletters contain a so-called "web beacon", i.e. a pixel-sized file that is retrieved from the DAUPHINS GENÈVE server or the server of a processor when the newsletter is opened. Within the process of this retrieval, technical information such as information about the browser and your system, as well as your IP address and the time of the retrieval, are initially collected. This information is used for the technical improvement of DAUPHINS GENÈVE's newsletter on the basis of the technical data and your reading behaviour according to your access locations (which can be determined with the help of the IP address) or access times. This analysis also includes determining whether the newsletters are opened, when they are opened and which links are clicked. This information is assigned to the individual newsletter recipients. You can cancel the subscription to our newsletter at any time or revoke your consent and cancel a further subscription. For this purpose, you will find a cancellation link at the end of each newsletter or you can use one of the contact options given above, preferably e-mail, for this purpose.

7. Cookies

7.1 DAUPHINS GENÈVE uses cookies as part of the online shop operation. Almost every website uses cookie technology. A cookie is a small text file that stores internet settings. It is downloaded by your internet browser the first time you visit a website. The next time you visit this website with the same device, the cookie and the information stored in it is either sent back to the website that generated it ("First Party Cookie") or sent to another website to which it belongs ("Third Party Cookie"). This allows the website to recognise that it has been visited with this browser before and, in some cases, to vary the content displayed. Some cookies are extremely useful as they can improve the user experience when you return to a website you have visited several times before. Provided that you are using the same device and browser as before, cookies remember, for example, your preferences, tell how you use a page and adapt the offers displayed to your personal interests and needs.

7.2 Essentially, there are the following types of cookies:

· Strictly necessary cookies ensure functions without which you would not be able to use this website as intended. These cookies are used exclusively by DAUPHINS GENÈVE and are therefore First Party Cookies. They are only stored on your computer/device during the current browser session. Such cookies ensure, for example, the functionality of a change from http to https, if necessary, when changing pages and thus the compliance with increased security requirements for data transfer. In addition, such cookie also saves your decision regarding the use of cookies on the website.

· First party cookies requiring consent on this website: Cookies, which by purely legal definition are not absolutely necessary to be able to use the website, nevertheless fulfil important tasks. Without these cookies, functions that enable comfortable surfing on the website are no longer available and would therefore have to be retrieved again on every page. In addition to strictly necessary cookies, the website of DAUPHINS GENÈVE processes the following cookies: Cookie Consent (used to store consent to cookie usage), functional cookies (to ensure the performance of the website) and performance cookies (to improve the user experience). Details of the cookies relating to the DAUPHINS GENÈVE website can be found on the cookie banner that appears when (first) visiting the website.

7.3 When visiting the website of DAUPHINS GENÈVE, the cookies used are in particular those that are used by the operator of the website (WIX), available at: https://support.wix.com/de/article/cookies-und-deine-website-bei-wix and https://www.wix.com/about/de-cookie-table.

7.4 The first time you visit the website of DAUPHINS GENÈVE you can disable the use of all cookies ("Cookie Opt-out"). If you delete all your cookies at a later point in time, it will be necessary to carry out the Cookie Opt-out process again; the same applies if you visit this website from other computers or other internet-enabled devices (smartphones, tablets, etc). If your security settings are too high and cookies are generally blocked, DAUPHINS GENÈVE will not be able to fulfil your opt-out request. In this case, you will be notified and should repeat the Cookie Opt-out process with lower security settings.

7.5 The website of DAUPHINS GENÈVE uses the third-party provider Google Maps: If you gave your consent, DAUPHINS GENÈVE uses Google Maps API (a mapping service of Google Inc.: 1600 Amphi-theatre Parkway, Mountain View, CA 94043, USA, hereinafter "Google") on the website to display an interactive map. By using Google Maps, specifically by clicking on the interactive map, information about your use of the website (e.g. your IP address and, if applicable, location data) can be processed by Google. By enabling the Do-Not-Track feature in your browser, no external Google Maps content will be loaded without your consent. If you do not select Google Maps API in the cookie banner, you will also not have access to an interactive map showing DAUPHINS GENÈVE's location. Further information on who (as recipients) your personal data is transferred to can be found specifically in Google's data protection information (https://www.google.de/intl/de/policies/privacy/). For more information on the transfer of personal data to third countries, please refer to point 5. of this privacy policy.

8. Server log files

In order to optimise the website in terms of system performance, user-friendliness and provision of useful information about services, the website provider automatically collects and stores information in so-called server log files, which your browser automatically transfers to DAUPHINS GENÈVE. This includes your internet protocol address (IP address), browser and language settings, operating system, referrer URL, your internet service provider and date/time as well as the content accessed. This data is not merged with personal data sources. DAUPHINS GENÈVE preserves the right to check this data retrospectively if concrete indications of illegal use become known.

9. Facebook Buttons

The Facebook button is a small button which takes you to the fan pages set up by DAUPHINS GENÈVE on the mentioned social media platforms. By clicking on the button, a connection to the respective social media platform is established and your personal data is processed by the respective platform in accordance with points 10 of this privacy policy. Beyond this, no social media plug-ins are currently integrated on the website of DAUPHINS GENÈVE.

10. Facebook Fan Page

10.1 DAUPHINS GENÈVE has a fan page on Facebook. This fan page is the company's user account for contacting users on Facebook. As a fan page operator, DAUPHINS GENÈVE can use the "Facebook Insight" function. This function compiles anonymized statistical data about visitors of the fan page. Facebook collects this data by setting cookies. Personal data is therefore processed each time this fan page is visited. This data is also processed if you are not logged in/registered on Facebook. As the operator of the fan page, DAUPHINS GENÈVE is therefore jointly responsible with Facebook within the meaning of Art 26 GDPR.

10.2 Registered users: As part of the registration process on Facebook, you agree to the terms of use, data protection and cookie provisions of Facebook/Meta. DAUPHINS GENÈVE has no control over these terms and provisions. If you visit the DAUPHINS GENÈVE fan page as a registered user, your data will be collected and processed as specified in these terms and provisions.

10.3 Non-registered users: By visiting a sub-page of the fan page, you give your consent for processing your personal data by Facebook/Meta (Art 6(1)a) GDPR).

10.4 The personal data is stored by Facebook and shared anonymously with DAUPHINS GENÈVE in statistical form, making it impossible for DAUPHINS GENÈVE to share it with third parties in identifiable form. The information on who (as recipients) your personal data is transferred to can be found more specifically in Facebook's/Meta's privacy information (https://www.facebook.com/privacy/explanation) and cookie policy (https://www.facebook.com/policies/cookies/).

10.5 Categories of data that DAUPHINS GENÈVE receives in anonymous form from Facebook:

i) Information about users and their interactions

(a) users who "like" the fan page: gender, residence, language, age;

(b) reached users: Users for whom DAUPHINS GENÈVE posts have been displayed in the last 28 days;

(c ) interacting users: users who have interacted with the page in the last 28 days (e.g. by tagging, "liking" etc);

(d) device of the user: whether the fan page content is accessed/interacted with via PC or mobile device;

(e) fan page views via Facebook or external links leading to the fan page;

(f) clicks on buttons (e.g. website, "plan route" button);

(g) the frequency of accesses via the fan page preview (when the mouse is hovered over the name or profile picture of the page);

(h) online times of users who "like" the fan page;

(i) information on the performance (reach and interaction) of the posts;

(j) interactions in detailed form: Negative (hidden posts, spam messages, "unlikes") and positive ("likes", other reactions to posts, etc) interactions.

ii) Information on "likes"

(a) total number for the fan page; number of new likes;

(b) breakdown of disclosures by origin, age, gender, language;

(c) the number of subscriptions to the page.

iii) Information on the reach/coverage

(a) for posts: Number of people to whom posts by DAUPHINS GENÈVE were provided, broken down by paid and organic reach;

(b) total reach, which is the number of users to whom actions on the page of DAUPHINS GENÈVE have been displayed to;

(c ) information about video views, including further information on the length of the views.

10.6 If you have given your consent to the processing of your data, you have the right to revoke this consent at any time, but this does not affect the lawful data processing that has taken place up to that point. If you wish to exercise your rights as a data subject or revoke your consent, please refer to the data protection information on Facebook's/Meta's Page Insights data (https://de-de.facebook.com/legal/terms/information_about_page_insights_data) and the forms contained/linked therein. Alternatively, you are free to contact Meta Platforms Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland by post with your requests.

11. Data security and data retention

11.1 Your personal data is protected by appropriate organizational and technical precautions. These precautions particularly relate to the protection against unauthorized, illegal or even accidental access, processing, loss, use and manipulation of your personal data. Notwithstanding our efforts to maintain a reasonably high level of due diligence at all times, it cannot be ruled out that information which you disclose to DAUPHINS GENÈVE via the internet may be viewed/accessed and used by other persons. Please note that no liability whatsoever can therefore be accepted for the disclosure of information due to errors in data transmission not caused by DAUPHINS GENÈVE and/or unauthorized access by third parties (e.g. hacker attacks on e-mail accounts or telephone(s), interception of faxes).

12. Your rights as a data subject

12.1 As a data subject within the meaning of the GDPR, you have the following rights, among others:

· The right to information about your stored personal data, its origin and recipient and the purpose of the data processing.

· Furthermore, you have the right to rectify and transfer your data and, if applicable, to object to or restrict the processing of data or delete processed data.

12.2 Your request for information, deletion, correction, objection and/or data transfer can be sent to the following e-mail address: info@dauphins.ch

12.3 If you believe that the processing of your personal data by DAUPHINS GENÈVE violates the applicable data protection law or that your data protection rights have been violated in any other way, you have the possibility to complain and report to the competent supervisory authority.

13. Changes to the privacy policy

DAUPHINS GENÈVE has the right to adapt this privacy policy, if necessary, for example due to technical developments or legal changes, or to update it in connection with the offer of new services or products. The updated data protection information will be available on the website https://www.dauphins.ch. Please check this page regularly.

[1]  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data and Repeal of Directive 95/46/EC (General Data Protection Regulation or "GDPR").

[2]  Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council.

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