Data protection is a priority at MagicTomato

Data protection is a matter of trust, and your trust is important to us. Trust begins with transparency, so within the framework of this data protection declaration, we will inform you how and for what purposes we collect, process, and use your personal data. This data protection declaration is based on the European General Data Protection Regulation (hereinafter GDPR).

We respect your privacy and your personal rights. MagicTomato SA (“MagicTomato” or “we”) is committed to ensuring responsible and legally compliant processing of personal data. This online data protection declaration (“declaration”) describes how we process personal data when you visit our website or use services as a customer on our website and in the online Customer Area (“Customer Area”) or contact MagicTomato via chat (together, the “MagicTomato Online Services”). This statement applies equally to all areas of our business and regardless of the channel through which you contact us, e.g., by telephone, on social media, at an event, etc. For certain offers and services (e.g., competitions), additional data protection provisions may also apply in addition to this data protection statement.

This statement does not apply if another company is responsible for the processing of certain data. For example, another company may be responsible, alone or together with us, for the processing of certain data when you visit our social media services (e.g., our Facebook page) or when you interact with social plugins integrated into our websites (e.g., the Facebook “Like” button), when you visit a third-party website to which we have linked, or when we transmit personal data to third parties such as authorities. In these cases, please refer to the privacy statement of the entity concerned.

1. Processing of Personal Data

Personal data refers to any information relating to an identified or identifiable person. This includes contact information such as name, telephone number, address, or email address, as well as other information you provide to us, for example, when registering, placing an order, or participating in contests, surveys, or similar activities. In some cases, your IP address is also included. This information is stored when you visit our website and combined with other information such as the pages visited and your responses to offers displayed on our websites.

By using MagicTomato’s online services, you agree to the online privacy policy and our processing of personal data in accordance with applicable Swiss data protection legislation and the provisions mentioned in sections 1 to 11 of this privacy policy.

2. What are the special features for our customers?

Our customers can use their login in the Customer Area to manage products and services as well as personal data, view and check invoices and statements, or use other MagicTomato online services.

After registering and logging in with your access data, we may link your online usage data, such as how you use our websites and services in the Customer Area or the data you transmit to us via the websites and Customer Area, with other customer data we collect and process in connection with your use of our products and services. We may also process this data to provide the services and functions in the Customer Area for marketing purposes and to evaluate, improve, and develop services and functions.

The following points provide information on how we process other customer data in connection with your use of our products and services and your rights under Swiss law.

3. Cookies

Cookies are used on MagicTomato’s websites. These are small files stored on your computer or mobile device when you visit or use our websites. Cookies store certain settings via your browser and certain data during exchanges with the website via your browser. When a cookie is activated, it is assigned an identification number (cookie ID), which allows us to identify your browser and use the data contained in that cookie.

Most of the cookies we use are temporary session cookies that are automatically deleted from your computer or mobile device at the end of your browser session. We also use permanent cookies. These cookies remain stored on your computer or mobile device after your browser session ends. These permanent cookies, depending on their type, remain stored on your computer or mobile device for between one month and ten years and are automatically deactivated after the programmed duration expires.

3.1 Why do we use cookies?

The cookies we use enable certain functions of our websites. For example, cookies allow us to save your regional and language settings, as well as your shopping cart, for different pages during an internet session.

The use of cookies also allows us to record and analyze the usage behavior of visitors to our websites. This allows us to improve the user-friendliness and effectiveness of our websites and make your visit as pleasant as possible. This also allows us to provide you with information specific to your interests on the website.

We also use cookies to optimize our advertising. They allow us to present you with advertising and/or specific products and services that may be of interest to you based on your use of our websites. Our goal is to present our website to you in the most attractive way possible and to show you advertising that may match your interests.

3.2 What data is collected?

Cookies collect usage information, such as the date and time you access our website, the name of the website visited, the IP address of your device, and the operating system used. Cookies also provide information about the website you are visiting on our website and the website from which you arrived at our website. Cookies also help us understand the topics you are searching for on our websites.

3.3 Third-Party Cookies

Cookies or corresponding technologies stored on your computer or mobile device may also come from other companies within the MagicTomato group or from independent third parties such as advertising partners or internet providers.

These cookies allow our partner companies to offer you personalized advertising and measure its impact. Cookies from partner companies also remain stored on your computer or mobile device for between one month and ten years and are automatically deactivated after the programmed period has expired.

Our advertising partners only receive access to data based on an identification number (cookie ID). This information includes online usage information such as the web pages you have visited and the content you have used.

For registered MagicTomato customers, online usage information, including the use of MagicTomato products and services, as well as demographic data such as age group, location, and gender, may be aggregated and made available to advertising partners. Our customers have the option to object to the use of this data by advertising partners at any time by contacting us directly.

4. Which web analysis tools do we use?

We use web analysis tools to draw conclusions about the use of our websites and improve our online offerings. These tools are most often provided by a third-party provider such as Google Analytics. Typically, the information about website usage collected for this purpose through the use of cookies is transmitted to the third-party server. Depending on the third-party provider, these servers may be located abroad.

Data transmission is carried out by abbreviating IP addresses, which prevents device identification. The IP address transmitted by your browser when using third-party tools is not linked to other data held by that third-party provider. This information may only be transmitted by third-party providers in accordance with legal regulations or within the scope of a data processing agreement.

We use so-called retargeting technologies on our websites. This allows us to address users of our websites with advertising on third-party websites as well. The display of advertisements on websites is based on cookies stored in your browser, a cookie ID, and an analysis of previous usage.

If you wish to prevent the use of these tools, you can proceed as described in the following paragraph.

5. How can I prevent the use of cookies and web analysis tools?

Most web browsers automatically accept cookies. However, you can configure your browser to refuse cookies or to ask for your permission before accepting a cookie from a website you visit. You can also delete cookies from your computer or device using the appropriate function in your browser.

If you decide not to accept our cookies or the cookies and tools of our partner companies, you will not be able to view certain information on our websites or use certain features designed to enhance your visit.

We also use social plugins on our websites. The plugins are recognizable by the logo of the corresponding social network.

All plugins used are configured using the two-click procedure. The corresponding plugins will therefore only be activated when you click on the provider’s icon.

When you visit a page of our website containing an activated plugin, your browser establishes a direct connection with the provider’s servers. The plugin content is transmitted directly by the provider to your browser and integrated into the page. By integrating the plugin, certain information will be transmitted to the third-party provider and stored by them.

If you are not a member of the social networks concerned, it is still possible that they may obtain and store your IP address via the social plugin. If you are logged in to one of the social networks, the third-party providers can assign your visit to our website to your personal profile on the social network. When you interact with the plugins, for example by clicking the “Facebook” or “Instagram” button, the information will also be transmitted directly to a server of the third-party provider and stored there. The information will also be published on the social network, on your Twitter or Instagram account, and displayed to your contacts. Please refer to the third-party providers’ privacy policy for the purpose and scope of data collection, processing, and use by these third-party providers, as well as their rights in this regard and setting options to protect your privacy.

If you wish to prevent Google, Facebook, or Instagram from assigning the data collected via our website to your personal profile on the corresponding social network, you must log out of the social network before visiting our website. You can also completely prevent the plugins from loading by using specialized browser add-ons such as “NoScript” (http://noscript.net/).

7. Chat with MagicTomato

If you use our chat solutions to contact MagicTomato, we process the data transmitted during the chat, the time and duration of the communication, as well as technical information about your device, such as your abbreviated IP address, operating system, and browser type, to process your request and provide our service. The data may also be used for quality assurance and training purposes. A corresponding log is kept in our customer systems. Other processing (e.g., statistical evaluations, development, and improvement of automated response systems) takes place only in anonymized form. MagicTomato works with third parties in Switzerland and abroad to process the data.

For the chat solution on the website, MagicTomato uses the service of our provider Intercom. When you use the chat, your data is transferred from your browser to Intercom via a secure protocol. The data is stored encrypted on Intercom’s infrastructure. Further information on Intercom’s data processing is available here.

8. Data Processing, Retention Period, Data Deletion, and Security

Your personal information will only be shared with other companies to the extent described below. We will under no circumstances sell your personal data to third parties. We do not market personal data.

We may share personal data with MagicTomato SA’s partner artisans.

We may also share your personal data with companies when we wish to use their services. By selecting data controllers and entering into appropriate contractual agreements, we ensure that data protection is guaranteed throughout the processing of your personal data, including by the data controller. Our data controllers are required to process personal data exclusively on our behalf and according to our instructions, and to take appropriate technical and organizational measures related to data security. This particularly applies to the provision of services in the area of creditworthiness assessment, e.g. If you wish to make a purchase against invoice, and IT services, e.g., services in the areas of data storage (hosting), cloud services, sending email newsletters, data analysis and exploitation, etc.

In some cases, we may also share personal data with external recipients for their own purposes, for example, if we consider this legally necessary or necessary to protect our interests. The recipient of this data is then responsible for its protection under data protection law. This applies in particular to the following cases:

We may share your personal data with third parties (e.g., courts and authorities in Switzerland and abroad) if we are legally obliged to do so or if requested by the authorities. We also reserve the right to process your personal data if we need to comply with court orders, assert legal rights or defend against claims, or if we deem this necessary for other legal reasons. In this context, we may also disclose personal data to other parties to the proceedings;
When we transfer claims against you to other companies, such as debt collection agencies;
When we consider or execute transactions such as business combinations or acquisitions or partial sales of businesses or their assets, we may be required to disclose personal data to other companies in certain cases and in this context, or when we ourselves are the subject of a transaction.

We retain and process your personal data for as long as necessary to fulfill the purpose for which it was collected or as otherwise required or permitted by law. Your personal data is then deleted from our systems or anonymized so that it is impossible to identify you.

We take appropriate security measures of a technical nature (e.g. encryption, pseudonymization, archiving, access restriction, data security, etc.) and organizational nature (e.g. instructions to our employees, confidentiality clauses, monitoring, etc.) to guarantee the security of your personal data, to protect it against unjustified or illegitimate processing, against the risks of loss, modification or involuntary disclosure or unauthorized access. However, we cannot generally exclude all security risks; some residual risks are most of the time unavoidable.

9. What are your rights regarding your personal data?

You have the right to object to the processing of your data when we process your personal data on the basis of a legitimate interest. You can also object at any time to data processing related to direct marketing (e.g., advertising emails). This also applies to profiling, to the extent that it is related to such direct marketing. If the required conditions are met and no legal exceptions apply, you also have the following rights:

Right to information: You have the right to be informed in a transparent, clearly comprehensible, and comprehensive manner about how we process your personal data and the rights you have in this regard. This data protection declaration enables us to respect this right. Please do not hesitate to contact us for further information.

Right to information: You have the right to request information at any time, free of charge, about the data we store about you. This gives you the opportunity to check what personal data we process about you. In isolated cases, the right to information may be restricted or excluded, particularly if there are doubts about your identity or if it is necessary to protect other persons.

Right to rectification: You have the right to have inaccurate or incomplete personal data rectified or completed and to be informed of this rectification.

Right to erasure: You have the right to request the deletion of your personal data when it is no longer necessary for the purposes pursued, when you revoke your consent or have objected to the processing, or when it is unlawfully processed. In isolated cases, the right to erasure may be excluded, particularly when processing is necessary to exercise freedom of expression or to assert legal claims.

Right to restriction of processing: Under certain conditions, you have the right to request that the processing of your personal data be restricted. This may mean, for example, that personal data will no longer be processed (until further notice) or that published personal data will be removed from a website (until further notice).

Right to data portability: You have the right to receive from us the personal data you have provided to us in a structured, commonly used, and machine-readable format, provided that the specific data processing is based on your consent or is necessary for the performance of a contract, and that the processing is carried out via automated processes.

Right to revocation: To the extent that we process your personal data based on consent, you have the right to revoke your consent at any time. The revocation only applies for the future; processing activities based on your consent in the past will not become unlawful as a result of your revocation.

Furthermore, you may lodge a complaint with a supervisory authority responsible for the type and manner of processing of your personal data if you believe that the processing of data is contrary to applicable law. The competent supervisory authority in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC) - https://www.edoeb.admin.ch/edoeb/fr/home.html

10. How to contact us?

MagicTomato SA, Chemin Champs-des-Filles 36, 1228 Plan-les-Ouates, is generally responsible for data processing in accordance with this privacy statement. Please do not hesitate to contact us if you have any questions or concerns:

By phone: 0229404002

By mail: MagicTomato SA, Chemin Champ-des-Filles 36, 1228 Plan-les-Ouates

11. How can we change this statement?

We reserve the right to change this statement at any time. The current version is the one published on our website.

Last updated: February 2020