Privacy policy

General Information for international customers

Due to legal aspects, the privacy policy is only available in German. Please make sure that you fully understand the following content!

Privacy policy

Responsible body within the meaning of the data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:

Black Diamond Motorcycles Ltd.
Balmfluhstrasse 7
4532 Feldbrunnen

E-mail: info@blackdiamond-motorcycles.ch
Website: https://blackdiamond-motorcycles.ch/

General Notice

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Confederation (Data Protection Act, FADP), every person has the right to protection of his or her privacy and to protection against misuse of his or her personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

In cooperation with our hosting providers, we strive to protect the databases as much as possible against unauthorized access, loss, misuse or falsification.

We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) may have security gaps. A complete protection of the data against access by third parties is not possible.

By using this website, you agree to the collection, processing and use of data as described below. This website can be visited without registration. Data such as pages accessed or names of the retrieved file, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or e-mail address, are collected as far as possible on a voluntary basis. The data will not be passed on to third parties without your consent.

Processing of personal data

Personal data is all information relating to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, deletion, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. In addition, we process – insofar as and insofar as the EU GDPR is applicable – personal data in accordance with the following legal bases in connection with Art. 6 para. 1 GDPR:

  • Lit. a) Processing of personal data with the consent of the data subject.
  • Lit. b) Processing of personal data for the performance of a contract with the data subject and for the implementation of corresponding pre-contractual measures.
  • Lit. c) Processing of personal data to fulfil a legal obligation to which we are subject in accordance with any applicable law of the EU or in accordance with any applicable law of a country in which the GDPR is applicable in whole or in part.
  • Lit. d) Processing of personal data to protect the vital interests of the data subject or another natural person.
  • Lit. f) Processing of personal data in order to safeguard the legitimate interests of us or of third parties, unless the fundamental freedoms and fundamental rights as well as interests of the data subject prevail. Legitimate interests are, in particular, our business interest in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.

We process personal data for the duration required for the respective purpose or purposes. In the case of longer retention obligations due to legal and other obligations to which we are subject, we restrict the processing accordingly.

Privacy Policy for Cookies

This website uses cookies. These are small text files that make it possible to store specific user-related information on the user’s terminal device while using the website. Cookies make it possible, in particular, to determine the frequency of use and number of users of the pages, to analyze site usage behavior, but also to make our offer more customer-friendly. Cookies remain stored at the end of a browser session and can be called up again when you visit the site again. If you do not want this, you should set your Internet browser so that it refuses to accept cookies.

A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/ . Furthermore, the storage of cookies can be achieved by deactivating them in the settings of the browser. Please note that not all functions of this online offer may then be used.

Privacy Policy for SSL/TLS encryption

This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Data transmission security (without SSL)

Please note that data transmitted via an open network such as the Internet or an e-mail service without SSL encryption can be viewed by everyone. You can recognize an unencrypted connection by the fact that the address bar of the browser shows “http://” and no lock symbol is displayed in your browser line. Information transmitted over the Internet and content received online may be transmitted via third-party networks. We cannot guarantee the confidentiality of any communications or documents transmitted over such open or third-party networks.

If you disclose personal information through an open network or networks of third parties, you should be aware of the fact that your data will be lost or third parties may potentially access this information and consequently collect and use the data without your consent. In many cases, the individual data packets are transmitted encrypted, but not the names of the sender and the recipient. Even if the sender and the recipient live in the same country, data is often transmitted via such networks without controls via third countries, i.e. also via countries that do not offer the same level of data protection as your country of domicile. We assume no responsibility for the security of your data during transmission over the Internet and disclaim all liability for direct or indirect losses. We ask you to use other means of communication if you deem it necessary or reasonable for security reasons.

Despite extensive technical and organizational security precautions, data may be lost or intercepted and/or manipulated by unauthorized persons. As far as possible, we take appropriate technical and organizational security measures to prevent this within our system. However, your computer is outside the security area we control. It is your responsibility as a user to inform yourself about the necessary security precautions and to take appropriate measures in this regard. As a website operator, we are under no circumstances liable for damages that you may incur as a result of data loss or manipulation.

Data that you provide in online forms may be passed on to commissioned third parties for the purpose of order processing and viewed by them and, if necessary, processed.

Privacy Policy for Server Log Files

The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

  • Browser type and browser version
  • Operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Time of the server request

This data cannot be assigned to specific persons. This data is not merged with other data sources. We reserve the right to check this data retrospectively if we become aware of concrete indications of illegal use.

Third Party Services

This website may use Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam, and YouTube for embedding videos.

These services of the American Google LLC use, among other things, cookies and as a result, data is transmitted to Google in the USA, whereby we assume that no personal tracking takes place solely through the use of our website.

Google is committed to ensuring adequate data protection in accordance with the American-European and American-Swiss Privacy Shields.

Further information can be found in Google’s privacy policy.

Privacy Policy for Contact Form

If you send us enquiries via the contact form, your details from the enquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the enquiry and in case of follow-up questions. We will not pass on this data without your consent.

Privacy Policy for Newsletter Data

If you would like to receive the newsletter offered on this website, we need an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. Further data will not be collected. We use this data exclusively for sending the requested information and do not pass it on to third parties.

You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time, for example via the “unsubscribe” link in the newsletter.

Privacy Policy for the comment function on this website

For the comment function on this website, in addition to your comment, information on the time of creation of the comment, your e-mail address and, if you do not post anonymously, the user name you have chosen are stored.

Storage of the IP address

Our comment function stores the IP addresses of the users who write comments. Since we do not check comments on our site before they are activated, we need this data in order to be able to take action against the author in the event of legal infringements such as insults or propaganda.

Subscribing to comments

As a user of the site, you can subscribe to comments after registering. You will receive a confirmation email to verify that you are the owner of the email address provided. You can unsubscribe from this function at any time via a link in the info mails.

Privacy Policy for Right to Information, Deletion, Blocking

You have the right at any time to free information about your stored personal data, their origin and recipients and the purpose of data processing as well as a right to correction, blocking or deletion of this data. You can contact us at any time at the address given in the imprint if you have any further questions on the subject of personal data.

Privacy Policy for Objection to Advertising E-mails

The use of contact data published in the context of the imprint obligation for sending unsolicited advertising and information materials is hereby prohibited. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.

Fee-based services

In order to provide fee-based services, we request additional data, such as payment details, in order to place your order or order. to be able to carry out your order. We store this data in our systems until the statutory retention periods have expired.

Use of Google Maps

This website uses Google Maps API to visually display geographic information. When using Google Maps, Google also collects, processes and uses data about the use of the map functions by visitors. For more information about Google’s data processing, please refer to the Google Privacy Policy . There you can also change your personal privacy settings in the privacy center.

Detailed instructions on how to manage your own data in connection with Google products can be found here.

Privacy Policy for Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. To deactivate Google Analytics, Google provides a browser plug-in under https://tools.google.com/dlpage/gaoptout?hl=de . Google Analytics uses cookies. These are small text files that make it possible to store specific user-related information on the user’s device. These enable an analysis of the use of our website offer by Google. The information collected by the cookie about the use of our pages (including your IP address) is usually transmitted to a Google server in the USA and stored there. We would like to point out that on this website Google Analytics has been extended by the code “gat._anonymizeIp();” to ensure anonymous collection of IP addresses (so-called IP masking). If anonymization is active, Google shortens IP addresses within member states of the European Union or in other contracting states of the Agreement on the European Economic Area, which is why no conclusions can be drawn about your identity. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. Google complies with the data protection provisions of the “Privacy Shield” agreement and is registered with the “Privacy Shield” program of the US Department of Commerce and uses the information collected to evaluate the use of our websites, to compile reports for us in this regard and to provide us with other related services. For more information, see https://support.google.com/analytics/answer/6004245?hl=de.

Privacy Policy for the use of Google Web Fonts

This website uses so-called web fonts provided by Google for the uniform representation of fonts. When you access a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly. If your browser does not support web fonts, a standard font will be used by your computer.

Further information about Google Web Fonts can be found under https://developers.google.com/fonts/faq and in Google’s privacy policy: https://www.google.com/policies/privacy/

Privacy Policy for Instagram

Functions of the Instagram service are integrated into our pages. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the contents of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to assign the visit to our pages to your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Instagram.

Further information can be found in Instagram’s privacy policy: http://instagram.com/about/legal/privacy/

Use of Adobe Font

We use Adobe Font for the visual design of our website. Adobe Font is a service of Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA (Adobe), which grants us access to a font library. To integrate the fonts we use, your browser must connect to an Adobe server in the USA and download the font required for our website. Adobe receives the information that our website was accessed from your IP address. Further information about Adobe Font can be found in Adobe’s privacy policy, which you can access here: Adobe Font

Privacy Policy for YouTube

This website uses plugins from YouTube, which is operated by Google. The operator of the pages is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. When you visit one of our pages equipped with a YouTube plugin, a connection to the YouTube servers is established. The YouTube server is informed which of our pages you have visited.

If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.

Further information on the handling of user data can be found in YouTube’s privacy policy at: https://www.google.de/intl/de/policies/privacy

Copyright

The copyright and all other rights to content, images, photos or other files on the website belong exclusively to the operator of this website or the specifically named rights holders. For the reproduction of all files, the written consent of the copyright holder must be obtained in advance.

Anyone who commits a copyright infringement without the consent of the respective copyright holder may be liable to prosecution and, if necessary, liable for damages.

General Disclaimer

All information on our website has been carefully checked. We endeavor to provide our information up-to-date, correct and complete information. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, correctness and timeliness of information, including journalistic and editorial information. Liability claims for material or immaterial damage caused by the use of the information provided are excluded, unless there is evidence of intentional or grossly negligent fault.

The publisher may, at its own discretion and without notice, change or delete texts and is not obliged to update the contents of this website. The use of or access to this website is at the visitor’s own risk. The publisher, its clients or partners are not responsible for damages, such as direct, indirect, incidental, predetermined or consequential damages, allegedly caused by visiting this website and therefore assume no liability for them.

The publisher also assumes no responsibility and liability for the content and availability of third-party websites accessible via external links on this website. The operators of the linked pages are solely responsible for their content. The publisher hereby expressly distances himself from all third-party content that may be relevant under criminal or liability law or that violates common decency.

Changes

We may amend this Privacy Policy at any time without notice. The current version published on our website applies. To the extent that the Privacy Policy forms part of an agreement with you, we will notify you of the change by email or other appropriate means in the event of an update.

Questions to the Data Protection Officer

If you have any questions about data protection, please send us an e-mail or contact directly the person responsible for data protection in our organization listed at the beginning of the privacy policy.

Feldbrunnen, 29 April 2020
Source: SwissAnwalt