Privacy policy

Privacy Policy

In this Privacy Policy, we, KAZAAR LLC ("Kazaar"), inform you about how and for what purposes we collect and process your personal data. This statement is not exhaustive. If necessary, we will inform you about additional data processing, for example, in General Terms and Conditions, forms, or other notices.

This Privacy Policy is designed to meet the requirements of the Swiss Data Protection Act ("DSG") and the EU-General Data Protection Regulation ("GDPR"). The extent to which these laws apply to the processing of your personal data depends on the individual case.

1. Identity and Contact Information of the Controller / Representative in the EU

Responsible for the processing of your personal data, as described in this Privacy Policy, is KAZAAR LLC, 254 Chapman Rd, Ste 208 #15427, Newark, Delaware 19702, USA.

You can address all data protection-related questions and concerns to the following email address: info@kazaarfragrances.com.

1. Collection and Processing of Personal Data

2.1 Definition of Personal Data

The term "personal data" refers to all information relating to an identified or identifiable natural person ("data subject").

2.2 Direct Collection from Data Subjects

We primarily process personal data obtained during the initiation, examination, or execution of the business relationship with you (e.g., ordering from our online shop, subscribing to the newsletter, or creating a user profile on our website), or with your employer or other individuals representing you. We also collect data from you as a visitor to our website and, if applicable, apps and other applications (Section 2.3 and Section 4). This includes information necessary for pursuing the purposes outlined in Section 3 (e.g., name, contact address, phone number, date of birth, gender, payment information, details of your inquiries, orders, and purchases, information about your interests and preferences, feedback, reviews, or complaints, login data, etc.).

The provision of personal data is generally voluntary, meaning you are not obligated to disclose it. However, we must collect and process the data necessary for the examination and execution of a contractual relationship and for fulfilling associated obligations or those required by law (such as information about your identity, address, payment method, and order). Otherwise, we may be unable to provide our services.

If you provide us with personal data of other individuals (e.g., family members, colleagues, etc.), please ensure that these individuals are aware of this privacy policy, and only share their data with us if you are authorized to do so and the information is accurate.

2.3 Indirect Collection from Third Parties

To the extent permitted, we obtain certain personal data from publicly accessible sources (e.g., debt collection registers, commercial registers, press, internet) or receive such information from authorities or other third parties (e.g., credit reporting agencies).

In addition to the personal data you directly provide to us (see Section 2.2), the categories of personal data we receive from third parties about you include, in particular, information:

- From public registers (e.g., information from commercial or debt collection registers to clarify your authorization to represent or your creditworthiness);

- From credit reporting agencies (e.g., information to assess your creditworthiness);

- From the Swiss Post and address vendors (e.g., to correct your address);

- Related to your professional role and activities (e.g., to conclude and fulfill contracts with your employer);

- From correspondence and conversations with third parties when we examine, conclude, or execute a business relationship with you personally;

- Provided by associated individuals (e.g., family members, advisors, representatives, etc.) for the purpose of examining, concluding, or executing contracts with you (e.g., references, powers of attorney);

- From information sources to comply with legal requirements (e.g., compliance with fraud, anti-money laundering, and counter-terrorism and export restriction regulations);

- From banks, insurance companies, and distribution and other contractual partners of ours for the use or provision of services by you (e.g., payments, purchases, etc.);

- From media and the internet about your person (to the extent indicated in the specific case, e.g., in the context of an application, marketing/sales, press review, etc.);

- From providers of internet analysis services (e.g., in the context of using Google Analytics and other marketing agencies and tools, to understand your interests and preferences);

- From authorities, parties, and other third parties (e.g., in connection with any administrative or judicial proceedings).

We inform you that our web server automatically logs each access to our website in a temporary log file. User-specific data (e.g., information about your browser and your IP address) as well as technical data (e.g., name and URL of the referring website) are logged for establishing the connection and optimizing the website visit, which may involve the use of "cookies" (see Section 5).

1. Data Processing

3.1 Purposes of Data Processing

We primarily process your personal data for the conclusion and fulfillment of contracts with our customers and business partners, especially in connection with the operation of our webshop as well as the acquisition of products and services from our suppliers and other business partners (e.g., influencers and other advertising partners). The processing of your personal data is then carried out to fulfill legal and regulatory obligations at home and abroad.

Moreover, we process personal data from you and other individuals, to the extent permitted and deemed appropriate by us, for the following purposes, where we (and sometimes third parties) have a legitimate interest corresponding to the purpose:

The provided text outlines various purposes for processing personal data.

Communication (e.g., responding to your inquiries, managing customer service and support, handling product recalls, providing order status information, communication related to your user account, and other purposes such as contract processing and marketing).

Offering, improving, and developing our products, services, websites, apps, and other platforms where we are present (e.g., based on the analysis of your orders and/or product reviews and other feedback).

Reviewing and optimizing customer contact procedures, as well as acquiring personal data from publicly accessible sources for customer acquisition.

Marketing, unless you have objected to the use of your data for this purpose. If you are part of our customer base and receive our advertising, you can object at any time via email to the address specified in paragraph 1.

Generating statistics, conducting market and opinion research.

Asserting legal claims and defense in connection with legal disputes and regulatory proceedings.

Prevention and investigation of crimes and other misconduct (e.g., conducting internal investigations, data analysis for fraud prevention).

Ensuring the functionality and security of our operations, especially IT, websites, any apps, and other platforms.

Video surveillance for property rights and other security measures for IT, building, and facility security, as well as the protection of our employees, customers, and other individuals, as well as our owned or entrusted assets (e.g., visitor lists, access controls, network and mail scanners, phone recordings).

Purchase and sale of business units, companies, or parts of companies, and other corporate transactions, including the transfer of personal data and measures for business management by Kazaar.

3.2 Legal Bases for Data Processing

Depending on the purpose of data processing, our processing of personal data is based on different legal grounds. We may process your personal data, especially when the processing is:

• Necessary for the fulfillment of a contract (e.g., a purchase contract) or for pre-contractual measures (e.g., assessing an application to conclude a contract) (Article 6(1)(b) GDPR).
• Necessary for the protection of our legitimate interests, for example, when data processing is a central part of our business activities (Article 6(1)(f) GDPR).
• Based on your consent (Article 6(1)(a) GDPR). If we rely on your consent for data processing, you can freely withdraw it at any time by contacting us at info@kazaarfragrances.com.
• Necessary for compliance with domestic or foreign legal regulations (Article 6(1)(c) GDPR).

A legitimate interest exists for us (and sometimes third parties), particularly in the processing for the purposes described in section 3.1 and in the disclosure of data according to section 5. These legitimate interests include, for example, the interest:

• Delivering products and services to third parties (e.g., to a gift recipient).
• Customer care, relationship maintenance, and communication with customers outside of an existing contractual relationship.
• Advertising and marketing activities (e.g., sending personalized newsletters and other direct marketing measures).
• Getting to know our customers and other individuals better.
• Improving and developing our products and services.
• Combating fraud and preventing and investigating crimes (especially related to our online shop).
• Protecting data, secrets, and assets that belong to us or have been entrusted to us.
• Ensuring IT security, especially concerning the use of our websites, apps, and other uses.
• Ensuring and organizing our business operations, including the operation and development of our websites, apps, and other applications.
• Leading and developing our company.
• Selling or purchasing (parts of) companies and other assets.
• Enforcing or defending legal claims in proceedings before domestic and foreign courts and authorities.
• Complying with Swiss and foreign law as well as internal rules.

1. Cookies in relation to the use of our website and social media.

4.1 Online tracking and online advertising techniques.

On our website, we employ various techniques that allow us and third parties we collaborate with to recognize you during your usage and, in some cases, track you across multiple visits. In this section, we provide you with information about these techniques.

At its core, the objective is to differentiate your accesses (via your system) from those of other users, enabling us to ensure the functionality of the website and perform analyses and personalizations. We do not intend to reveal your identity, even though we can do so, as long as we or third parties we collaborate with can identify you by combining the data with registration information. Even without registration data, the employed techniques are designed in a way that recognizes you as an individual visitor with each page visit. This is achieved, for instance, by our server (or the servers of third parties) assigning a specific identification number to you or your browser (known as a “cookie”).

Necessary Cookies: Some cookies are necessary for the functioning of the website itself or specific features (e.g., shopping cart in the online shop). They ensure, for instance, that you can navigate between pages without losing information entered in a form (e.g., for orders). They also ensure that you stay logged in the login area. These cookies exist only temporarily (“session cookies”). If you block them, the website or parts of it may not function correctly. Other cookies are necessary for the server to store decisions or inputs made by you beyond a session (i.e., a visit to the website), in case you use this function (e.g., language settings, consents, automatic login, etc.). These cookies have an expiration date of up to 36 months.

Performance Cookies: To optimize our website and corresponding offerings and tailor them better to user needs, we use cookies to record and analyze the use of our website, possibly extending beyond a session (i.e., a visit to the website). We achieve this through the use of third-party analytics services, which are listed below. Performance cookies also have an expiration date of up to 36 months. Details can be found on the websites of the third-party providers.

Marketing Cookies: We and our advertising contract partners have an interest in precisely directing advertising, i.e., displaying it ideally only to those we want to target. Our advertising contract partners are listed below. For this purpose, we and our advertising contract partners, if you consent, also use cookies that allow the recorded content accessed or contracts closed to be tracked. This enables us and our advertising contract partners to display advertising that we believe is of interest to you, not only on our website but also on other websites that show advertising from us or our advertising contract partners. Depending on the situation, these cookies have an expiration period ranging from a few days to 36. If you consent to the use of these cookies, you will see relevant advertising. If you do not consent to these cookies, you will not see less advertising but simply different advertising.

In addition to marketing cookies, we use other techniques to control online advertising on other websites and thereby reduce scatter losses. For example, we may transmit the email addresses of our users, customers, and other individuals to operators of advertising platforms (e.g., social media). If these individuals are registered there with the same email address (which the advertising platforms determine through a comparison), the operators display the advertising we have placed specifically to these individuals. The operators do not receive personally identifiable email addresses of individuals who are not already known. However, with known email addresses, they become aware that these individuals are connected with us and what content they have accessed.

We may also integrate additional offers from third parties on our website, especially from social media providers. These offers are deactivated by default. Once you activate them (e.g., by clicking a switch), the respective providers can determine that you are on our website. If you have an account with the social media provider, they can associate this information with you and track your usage of online offerings. These social media providers process this data independently.

Currently, we use services from the following service providers and advertising contract partners (to the extent that they use data from you or cookies set on your device for advertising control):

Google Analytics: Google Ireland (based in Ireland) provides the 'Google Analytics' service and acts as our data processor. Google Ireland relies on Google LLC (based in the USA) as its subprocessor (both referred to as “Google”). Using performance cookies (see above), Google tracks the behavior of visitors on our website (duration, frequency of pages visited, geographical origin of access, etc.) and generates reports on the use of our website based on this information. We have configured the service to shorten the IP addresses of visitors in Europe before forwarding them to the USA, making them untraceable. We have turned off the “Data Sharing” and “Signals” settings. While we believe that the information we share with Google is not personal data for Google, it is possible that Google could draw conclusions about the identity of visitors, create personal profiles, and link this data with the Google accounts of these individuals for its own purposes. If you agree to the use of Google Analytics, you explicitly consent to such processing, including the transfer of personal data (especially usage data for the website and app, device information, and individual IDs) to the USA and other countries. Information on the privacy of Google Analytics can be found here https://support.google.com/analytics/answer/6004245, and if you have a Google account, you can find additional information on processing by Google https://policies.google.com/technologies/partner-sites?hl=de.

4.2 What data do we process on our pages in social networks?

We may operate pages and other online presences on social networks and other platforms operated by third parties (“fan pages,” “channels,” “profiles,” etc.) and collect the data described in section 3 and below about you. We receive this data from you and the platforms when you interact with us through our online presence (e.g., when you communicate with us, comment on our content, or visit our website and other platforms). At the same time, the platforms analyze your use of our online presences and link this data with other data known to the platforms about you (e.g., your behavior and preferences). They process this data for their own purposes independently, particularly for marketing and market research purposes (e.g., to personalize advertising) and to control their platforms (e.g., which content they display to you).

Facebook: Here we operate the page facebook.com/kazaarperfumes/. The responsible entity for the operation of the platform for users from Europe is Facebook Ireland Ltd., Dublin, Ireland. Their privacy policy is available at www.facebook.com/policy. Some of your data is transmitted to the USA. You can object to advertising here: www.facebook.com/settings?tab=ads. Regarding the data collected and processed when visiting our page to create “Page Insights”', we share joint responsibility with Facebook Ireland Ltd., Dublin, Ireland. Page Insights generates statistics about what visitors do on our page (comment on posts, share content, etc.). This is described at www.facebook.com/legal/terms/information_about_page_insights_data. It helps us understand how our page is used and how we can improve it. We only receive anonymous, aggregated data. Our responsibilities regarding data protection are regulated according to the information at www.facebook.com/legal/terms/page_controller_addendum.

Instagram: Here we operate the page instagram.com/kazaarfragrances/. The provider is Meta Platforms Ireland Ltd., which is part of the Meta group (Facebook). Their privacy policy is available at https://privacycenter.instagram.com/policy. Some of your data is transmitted to the USA. You can object to advertising here: https://www.facebook.com/help/contact/1994830130782319. In connection with the operation of our Instagram profile, we use the Instagram Insights feature to obtain statistical evaluations of users engaging with our posts. Information about Instagram Insights can be found in the privacy policy and at https://help.latest.instagram.com/788388387972460.

Youtube: On YouTube, we run the channel Kazaar Fragrances. The provider is Google Ireland Limited, Dublin, Ireland. Their privacy policy is available here: https://policies.google.com/privacy. There, you can also see what choices you have regarding the data collected by Google and its use. Some of your data is transferred to the USA. You can object to advertising here: adssettings.google.com.

LinkedIn: We also operate a profile on LinkedIn under Kazaar Fragrances. The provider is LinkedIn Ireland Unlimited Company, Dublin, Ireland. Their privacy policy is available here: https://www.linkedin.com/legal/privacy-policy. Please note that some of your data is transferred to the USA. You can object to the processing by LinkedIn here: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out. Further settings can be adjusted using the objection form: https://www.linkedin.com/help/linkedin/answer/93516/widerspruch-gegen-die-datenverarbeitung-einschrankung-der-datenverarbeitung?lang=de.In connection with the operation of our LinkedIn profile, we use LinkedIn Page Analytics to obtain information about the usage of our content. Our responsibilities regarding data protection are regulated according to the information at https://legal.linkedin.com/pages-joint-controller-addendum

Use of Phone Numbers: Pursuant to Art. 6(1)(a) GDPR, with your consent, personal data (name and surname, phone number, messenger ID, IP address, profile picture, and message history) is stored, processed, and used within the respective WhatsApp, SMS, or messenger service to transmit messages to you. An active account with the respective provider is required for using the messenger service. The provision of this service is carried out by the WhatsApp Marketing Tool chatarmin.com GmbH, A-3400 Klosterneuburg, as a technical service provider and data processor. Your consent to the processing of personal data is always freely revocable; a corresponding notification to our support or Chatarmin is sufficient. Further information is available in our respective privacy policies and/or the messenger services of chatarmin.com GmbH.

1. Recipients of Personal Data

We may disclose your personal data to third parties, especially when we use their services. Typically, these service providers process your data on our behalf as so-called 'data processors.' Our data processors are obligated to process the data exclusively according to our instructions and to take appropriate measures to ensure data security. Certain service providers are also jointly responsible with us (e.g., Facebook) or independently responsible (e.g., collection agencies). We ensure data protection within the scope of data processing through careful selection of our service providers and appropriate contractual agreements. We engage services in the following areas:

• Logistics and shipping companies (e.g., for the delivery of ordered goods);
• Advertising and marketing agencies (e.g., for sending newsletters);
• Administration (e.g., accounting);
• Payment service providers;
• Credit agencies (e.g., for purchase on account);
• Debt collection service providers;
• Insurance companies;
• Service providers for fraud prevention, carried out by payment service providers in their own responsibility, such as 'PayPal Fraud Protection.' Such procedures are only applied if you are already a customer of the respective payment service provider; Further information can be found in their privacy policy;
• IT services (e.g., website hosting agencies, cloud providers, etc.);
• Auditing firms;
• Consultants, lawyers.

We may also disclose personal data to other third parties for their own purposes, for example, if you have given us your consent or if we are legally obligated or authorized to do so. In these cases, the recipient of the data is legally responsible for data protection. Examples of such cases include:

Transfer of claims to other companies, such as debt collection service providers;

Examination, preparation, or implementation of corporate transactions, such as company acquisitions, sales, and mergers;

Disclosure of personal data to courts and authorities in Switzerland and abroad (e.g., to law enforcement agencies in case of suspected crimes);

Processing of personal data to comply with a court order or official directive, or to assert or defend legal claims, or if we deem it necessary for other legal reasons.

Please also note the information on the use of cookies (Section 4.1) for the independent data collection by third parties whose tools are integrated into our websites and apps.

1. Disclosure Abroad

The recipients of your personal data in accordance with Section 5 are generally located in Switzerland and the European Economic Area (EEA), but exceptionally also abroad, generally in any country worldwide where our internet analysis service providers may be located. The countries in question may not have laws that protect your personal data to the same extent as in Switzerland or the EEA. If we transmit your data to such a country, we ensure the protection of your personal data in an appropriate manner.

If we disclose your personal data to a recipient in a country without adequate legal data protection, we ensure the protection of your personal data through appropriate contracts (standard contractual clauses approved, issued, or recognized by the European Commission and the Swiss Federal Data Protection and Information Commissioner; see here https://commission.europa.eu/publications/standard-contractual-clauses-international-transfers_de). Note that this contractual measure can partially compensate for weaker or absent legal data protection but cannot eliminate all risks (e.g., government access abroad). Exceptionally, we may base the disclosure to a country without adequate data protection on your consent or another exception, for example, if the data disclosure is necessary within the context of legal proceedings abroad or for the execution of a contract.

Personal Data Retention Policy

We process your personal data for as long as necessary to fulfill our contractual or legal obligations or for the purposes pursued with the processing (Section 3), i.e., for example, for the duration of the entire contractual relationship (i.e., from initiation, processing to termination of the contract) and beyond in accordance with any statutory retention and documentation obligations. Personal data may be retained for the time during which claims can be asserted against us and to the extent we are otherwise legally obligated or our legitimate business interests require it (e.g., for evidentiary or documentation purposes). Once the purposes and/or laws no longer require it, your data will be deleted or anonymized.

Data Security

We implement appropriate technical and organizational measures to protect your data from loss, unauthorized access, and misuse. This includes, among other things, employee training, IT and network security solutions, access controls and restrictions, pseudonymization of personal data (e.g., in the context of data transfer to service providers), and regular checks.

Profiling

The term "profiling" refers to the automated processing of personal data to analyze personal aspects or make predictions (e.g., analyzing interests, preferences, and habits or predicting behavior). We use profiling to:

• Improve and tailor our offerings to individual needs.
• Present information and offers to you in a needs-based manner.
• Display only advertising and offers that are of interest to you.
• Provide more targeted support in customer service.
• Decide on available payment methods through credit checks.

We conduct profiling, particularly in connection with our online shop, by analyzing your shopping behavior and assigning specific interests to you based on that analysis. This allows us to deliver relevant product suggestions to you via newsletters. Profiling also occurs when using your account with us, such as evaluating your usage and shopping behavior on our online shop, website, and any apps to customize your user experience and present offers tailored to your interests.

For your right to object to profiling in certain cases, see section 11.

Automated individual decisions

We generally refrain from implementing automated individual decisions, meaning decisions based solely on automated processing (without human involvement) that have legal consequences or significantly affect you (e.g., rejection of a contract). If, exceptionally, we make such decisions, you will be informed on a case-by-case basis.

Notice regarding Consent and Your Rights

You have the right to object to data processing, especially when we process your personal data based on legitimate interests and the other requirements are met. You can also object to data processing related to direct marketing (e.g., promotional emails) at any time. This also applies to profiling, insofar as it is associated with such direct marketing.

As far as the applicable conditions are met and no legal exceptions apply, you also have the right:

• To request information about the processing of your personal data
• To request correction of incorrect or incomplete personal data
• To request the deletion or anonymization of your personal data
• To request the restriction of the processing of your personal data
• To receive certain personal data in a structured, commonly used, and machine-readable format
• To revoke consent for the future, to the extent that processing is based on consent.

Please note that these rights may be restricted or excluded in individual cases, for example, if there are doubts about your identity or if it is necessary to protect other individuals, safeguard legitimate interests, or comply with legal obligations.

You can revoke any consent for the processing of your personal data at any time with future effect by contacting us in writing at the address provided in Section 1.

1. Changes

We reserve the right to modify this privacy policy at any time without prior notice. The most current version, published on our website, shall apply.

Version effective from September 1, 2023.