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Privacy Policy

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

Penguin Powderwear

Kalisti International GmbH

Klingenstrasse 9

CH-8005 Zürich

Switzerland

mail@penguin.swiss

General notice

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Swiss Confederation (Data Protection Act, DPA), every person has the right to protection of their privacy and protection against misuse of their personal data. The operators of these websites take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations as well as this privacy policy.

In cooperation with our hosting providers, we strive to protect the databases as effectively 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 email) may have security vulnerabilities. Complete protection of data against access by third parties is not possible.

By using this website, you agree to the collection, processing, and use of data in accordance with the following description. This website can generally be visited without registration. In the process, data such as accessed pages or the names of retrieved files, as well as the date and time, are stored on the server for statistical purposes without this data being directly linked to your person. Personal data, in particular name, address, or email address, are collected on a voluntary basis wherever possible. Your data will not be passed on to third parties without your consent.

Processing of personal data

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

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

  • Consent (Art. 6 para. 1 sentence 1 lit. a GDPR) – The data subject has given consent to the processing of their personal data for one or more specific purposes.
  • Performance of a contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b GDPR) – Processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract.
  • Legal obligation (Art. 6 para. 1 sentence 1 lit. c GDPR) – Processing is necessary for compliance with a legal obligation to which the controller is subject.
  • Protection of vital interests (Art. 6 para. 1 sentence 1 lit. d GDPR) – Processing is necessary in order to protect the vital interests of the data subject or of another natural person.
  • Legitimate interests (Art. 6 para. 1 sentence 1 lit. f GDPR) – Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.
  • Application procedure as a pre-contractual or contractual relationship (Art. 9 para. 2 lit. b GDPR) – Insofar as special categories of personal data within the meaning of Art. 9 para. 1 GDPR (e.g. health data, such as information regarding severe disability or ethnic origin) are requested from applicants during the application process so that the controller or the data subject can exercise their rights and fulfill their obligations arising from employment law and social security and social protection law, such data shall be processed in accordance with Art. 9 para. 2 lit. b GDPR; in the case of protecting the vital interests of applicants or other persons pursuant to Art. 9 para. 2 lit. c GDPR; or for purposes of preventive or occupational medicine, assessment of the employee’s working capacity, medical diagnosis, health or social care or treatment, or the management of health or social care systems and services pursuant to Art. 9 para. 2 lit. h GDPR. In the case of voluntary disclosure of special categories of data based on consent, such data shall be processed on the basis of Art. 9 para. 2 lit. a GDPR.

We process personal data for as long as is necessary for the respective purpose or purposes. In the case of longer retention obligations due to statutory or other obligations to which we are subject, we restrict the processing accordingly.

Relevant legal bases

In accordance with Art. 13 GDPR, we inform you of the legal bases for our data processing. Unless otherwise stated in this privacy policy, the following applies: the legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR; the legal basis for processing for the performance of our services and implementation of contractual measures as well as responding to inquiries is Art. 6 para. 1 lit. b GDPR; the legal basis for processing to comply with our legal obligations is Art. 6 para. 1 lit. c GDPR; and the legal basis for processing to safeguard our legitimate interests is Art. 6 para. 1 lit. f GDPR. In cases where vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

Security measures

We implement appropriate technical and organizational measures in accordance with statutory requirements, taking into account the state of the art, implementation costs, as well as the nature, scope, circumstances and purposes of the processing, and the varying likelihood and severity of risks to the rights and freedoms of natural persons, in order to ensure a level of security appropriate to the risk.

Such measures include in particular safeguarding the confidentiality, integrity and availability of data by controlling both physical and electronic access to the data, as well as access to, input, disclosure, availability safeguards, and separation of the data concerned. Furthermore, we have established procedures that ensure the exercise of data subject rights, the deletion of data, and responses to data breaches. In addition, we take the protection of personal data into account already in the development or selection of hardware, software, and procedures, in accordance with the principles of data protection through technology design and privacy-friendly default settings.

Transfer of personal data

In the course of our processing of personal data, it may occur that data is transferred to other entities, companies, legally independent organizational units, or individuals, or disclosed to them. Recipients of such data may include, for example, service providers commissioned with IT tasks or providers of services and content integrated into a website. In such cases, we comply with legal requirements and, in particular, conclude соответствing contracts or agreements with the recipients of your data to ensure the protection of your data.

Data processing in third countries

Insofar as we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)), or if processing takes place in the context of using third-party services or the disclosure or transfer of data to other persons, bodies, or companies, this will only be carried out in accordance with legal requirements.

Subject to express consent or contractually or legally required transfer, we process data in third countries only where an adequate level of data protection is recognised, based on contractual obligations through so-called standard contractual clauses of the EU Commission, where certifications are in place, or where binding internal data protection rules apply (Art. 44 to 49 GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).

Privacy policy for cookies

This website uses cookies. Cookies are text files that contain data from visited websites or domains and are stored by a browser on the user’s computer. A cookie is primarily used to store information about a user during or after their visit within an online service. The stored information may include, for example, language settings on a website, login status, a shopping cart, or the point at which a video was watched. The term cookies also includes other technologies that perform the same functions as cookies (e.g. when user information is stored using pseudonymous online identifiers, also referred to as ‘user IDs’).

The following types of cookies and functions are distinguished:

  • Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user leaves an online service and closes their browser.
  • Persistent cookies: Persistent cookies remain stored even after the browser is closed. For example, the login status can be saved or preferred content can be displayed directly when the user revisits a website. Likewise, user interests, which are used for reach measurement or marketing purposes, may be stored in such a cookie.
  • First-party cookies: First-party cookies are set by us.
  • Third-party cookies: Third-party cookies are mainly used by advertisers (so-called third parties) to process user information.
  • Necessary (also: essential or strictly required) cookies: Cookies may be strictly necessary for the operation of a website (e.g. to store logins or other user inputs or for security reasons).
  • Statistics, marketing and personalization cookies: Cookies are also generally used for reach measurement and when a user’s interests or behavior (e.g. viewing certain content, using functions, etc.) on individual websites are stored in a user profile. Such profiles are used, for example, to display content that corresponds to the user’s potential interests. This process is also referred to as ‘tracking’, i.e. the tracking of users’ potential interests. Where we use cookies or tracking technologies, we inform you separately in our privacy policy or as part of obtaining consent.

Information on legal bases: The legal basis on which we process your personal data using cookies depends on whether we request your consent. If this is the case and you consent to the use of cookies, the legal basis for processing your data is the consent you have given. Otherwise, the data processed by means of cookies is based on our legitimate interests (e.g. in the economically viable operation of our online service and its improvement) or, if the use of cookies is necessary to fulfil our contractual obligations, on this basis.

Storage duration: Unless we provide you with explicit information on the storage duration of persistent cookies (e.g. as part of a so-called cookie opt-in), please assume that the storage duration may be up to two years.

General information on withdrawal and objection (opt-out): Depending on whether the processing is based on consent or statutory permission, you have the option at any time to withdraw consent you have given or to object to the processing of your data through cookie technologies (collectively referred to as ‘opt-out’). You can initially declare your objection via your browser settings, e.g. by deactivating the use of cookies (although this may also limit the functionality of our online service). An objection to the use of cookies for online marketing purposes can also be made via a variety of services, in particular in the case of tracking, through the websites https://optout.aboutads.info and https://www.youronlinechoices.com/ Further explanations are available. In addition, you may receive further information on how to object within the details provided about the service providers and cookies used.

Processing of cookie data based on consent: We use a cookie consent management procedure in the context of which users’ consents to the use of cookies, or to the processing operations and providers mentioned within the cookie consent management procedure, are obtained and can be managed and revoked by users. In this process, the consent declaration is stored in order to avoid having to request it again and to be able to provide proof of consent in accordance with legal obligations. Storage may take place server-side and/or in a cookie (so-called opt-in cookie, or using comparable technologies) in order to assign the consent to a user or their device. Subject to individual information on the providers of cookie management services, the following applies: the storage period for the consent may be up to two years. A pseudonymous user identifier is created and stored together with the time of consent, details of the scope of the consent (e.g. which categories of cookies and/or service providers), as well as the browser, system, and device used.

  • Types of data processed: usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Data subjects: Users (e.g. website visitors, users of online services).
  • Legal bases: Consent (Art. 6 para. 1 sentence 1 lit. a GDPR), legitimate interests (Art. 6 para. 1 sentence 1 lit. f GDPR).

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 enquiries you send to us as the website 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 padlock symbol in your browser bar.

When SSL/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 email service without SSL encryption may be visible to anyone. An unencrypted connection can be recognized by the fact that the browser’s address bar shows ‘http://’ and no padlock symbol appears in the browser bar. Information transmitted over the Internet and content received online may, under certain circumstances, be routed through third-party networks. We cannot guarantee the confidentiality of communications or documents transmitted via such open networks or third-party networks.

If you disclose personal information via an open network or third-party networks, you should be aware that your data may be lost or that third parties may potentially access this information and consequently collect and use the data without your consent. Although in many cases individual data packets are transmitted in encrypted form, the names of the sender and recipient are not. Even if the sender and recipient are located in the same country, data transmission via such networks is often carried out without control and may also pass through third countries, i.e. countries that do not provide 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 any liability for direct or indirect losses. We ask you to use other means of communication if you consider this necessary or appropriate for security reasons.

Despite extensive technical and organizational security measures, data may potentially be lost or intercepted and/or manipulated by unauthorized persons. Where possible, we take appropriate technical and organizational security measures to prevent this within our system. However, your computer is located 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 the website operator, we accept no liability for any damages that may arise to you from data loss or data manipulation.

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

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
  • Hostname of the accessing computer
  • Time of the server request

These data cannot be assigned to specific persons. A combination of these data with other data sources is not carried out. We reserve the right to subsequently review these data if we become aware of concrete indications of unlawful use.

Third-party services

This website may use Google Maps to embed maps, Google Invisible reCAPTCHA to protect against bots and spam, and YouTube to embed videos. These services provided by the US company Google LLC use cookies among other things, and as a result, data is transmitted to Google in the USA. We assume that, in this context, no personal tracking takes place solely through the use of our website. Google has committed itself to ensuring an adequate level of data protection in accordance with the EU–US and Swiss–US Privacy Shield frameworks.

Further information can be found in the ​Privacy Policy of Google.

Privacy policy for contact form

If you send us inquiries via the contact form, the information you provide in the inquiry form, including the contact details you enter there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not pass on these data without your consent.

Privacy policy for Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the controller responsible for data processing on this website is located outside the European Economic Area or Switzerland, Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as “Google”.

Using the statistics obtained, we are able to improve our services and make them more interesting for you as a user. This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out using a user ID. If you have a Google user account, you can deactivate the cross-device analysis of your usage in the settings under “My Data” and “Personal Data”.

The legal basis for the use of Google Analytics is Art. 6 para. 1 sentence 1 lit. f GDPR. The IP address transmitted by your browser within the scope of Google Analytics is not combined with other Google data. Please note that on this website Google Analytics has been extended with the code “_anonymizeIp();” in order to ensure anonymized collection of IP addresses. As a result, IP addresses are processed in shortened form, which excludes any direct personal reference. Insofar as the data collected about you can be linked to a person, such a link is immediately excluded and the personal data is therefore deleted without delay.

Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide the website operator with further services related to website and Internet usage.

Google Analytics uses cookies. The information generated by the cookie about your use of this website is generally transmitted to a Google server in the USA and stored there. You can prevent the storage of cookies by adjusting your browser software settings accordingly; however, please note that in this case you may not be able to use all functions of this website to their full extent. You can also prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) by Google, as well as the processing of these data by Google, by downloading and installing the browser plugin available under the following link:​deactivate Google Analytics.

You can also prevent the use of Google Analytics by clicking on this link:deactivate Google Analytics. This stores a so-called opt-out cookie on your device, which prevents the processing of personal data by Google Analytics. Please note that if you delete all cookies on your device, these opt-out cookies will also be deleted, meaning that you will need to set the opt-out cookies again if you wish to continue preventing this form of data collection. The opt-out cookies are set per browser and computer/device and must therefore be activated separately for each browser, computer, or other device.

Privacy policy for the use of Google Web Fonts

This website uses so-called Web Fonts provided by Google for the uniform display 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 from your computer will be used.

Further information about Google Web Fonts can be found athttps://developers.google.com/fonts/faq and in Google’s privacy policy:https://www.google.com/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 any files, prior written consent from the copyright holder must be obtained.

Anyone who commits a copyright infringement without the consent of the respective rights holder may be liable to prosecution and, where applicable, may also be held liable for damages.

General disclaimer of liability

All information on our website has been carefully checked. We strive to provide our information in an up-to-date, factually correct, and complete manner. Nevertheless, the occurrence of errors cannot be completely excluded, which means we cannot guarantee the completeness, accuracy, or timeliness of information, including editorial content. Liability claims for material or immaterial damage caused by the use of the information provided are excluded, unless there is demonstrably intentional or grossly negligent fault.

The publisher may, at its own discretion and without notice, modify or delete texts and is not obliged to update the content 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 any damages, including direct, indirect, incidental, predetermined, or consequential damages, allegedly arising from the visit to this website, and therefore assume no liability.

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

Changes

We may amend this privacy policy at any time without prior notice. The currently valid version published on our website applies. Insofar as the privacy policy is part of an agreement with you, we will inform you of any changes by email or in another suitable manner in the event of an update.

Questions for the data protection officer

If you have any questions about data protection, please send us an email or contact directly the person responsible for data protection listed at the beginning of this privacy policy within our organization.​

Frequently asked questions (FAQ)

  • What are cookies? Cookies are small text files that are stored by your browser when you visit our website. They may contain an identifier to recognize you on subsequent visits.
  • Why does Penguin use cookies? Necessary cookies enable basic functions (e.g. shopping cart). Statistical and marketing cookies (with your consent) help us improve our services and display relevant advertising.
  • How do I change my settings? Click “Settings” in the cookie banner to allow or reject individual categories. You can also disable cookies in your browser; please note that this may result in limited functionality.
  • How can I withdraw my consent? You can withdraw your cookie consent at any time via “Settings” in the banner or by deleting cookies in your browser. After that, only necessary cookies will be activated on your next visit.