1.1 This Website is operated by Skin Match Technology Switzerland AG, a company duly incorporated in Zurich, Switzerland (referred to as "us", “we”, and “Skin Match Technology”) and we are committed to protecting and respecting your privacy and personal data when you are visiting any website maintained by us including the website at www.skin-match.com and getskinmatch.com and our social networking pages (together the “Website”) or communicating electronically or by telephone with us.
1.2 This policy, which forms an integral part of the Terms of Service explains what types of personal and non-personal information we collect when you use the Website and the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By disclosing your personal information to us by using the Website or speaking to us over the telephone you consent to the collection, storage and processing of your personal information as stated in this policy.
1.3 Skin Match Technology uses the personal information we collect from you to provide our service to you. We will not rent, sell or share your personal information with any other company for its own marketing purposes without your consent.
1.5 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the publication of your information. You can access the privacy controls within your profile.
1.6 We transmit personal information using Secure Sockets Layer (SSL) software which encrypts information you input. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
2.1 We may collect, store and process data about your use of our website and services ("usage data"). The usage data may include:
2.2 The source of the usage data is Google Analytics (Google LLC). This usage data may be processed for the purposes of analysing the use of the website and services, to improve your browsing experience by personalising the Website. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services or market our service by providing aggregated, anonymous information about the usage of our service.
2.3 We may process your account data ("account data"). The account data may include your name and email address. The source of the account data is you. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, to manage and administer your profile on the Website; to enable you to use the services on our website; to send you email confirmations when you perform certain actions on the Website; maintaining back-ups of our databases and communicating with you. The legal basis for this processing is your request for our services and consent by signing up.
2.4 We may process your information included in your personal profile on our website ("profile data"). The profile data may include:
2.5 The profile data may be processed for the purposes of enabling our services and supplying our clients with anonymous, aggregated data for research and analytical purposes. Recipients of such data may be retailers, agencies, press, research facilities or beauty brands.The legal basis for this processing is consent by entering such data.
2.6 We may process information details of beauty products purchased, reviewed or viewed or wish-listed by you or any kind of other interaction with products that show your interest in such a product with us and/or through websites that provide Skin Match Technology ("transaction data"). The transaction data may be processed for Statistical purposes, meaning any operation of collection and the processing of personal data necessary for statistical surveys or for the production of statistical results. Recipients of such data may be retailers, agencies, press, research facilities or beauty brands.
Those statistical results may further be used for different purposes, including a scientific research purpose. The statistical purpose implies that the result of processing for statistical purposes is not personal data, but aggregate data, and that this result or the personal data are not used in support of measures or decisions regarding any particular natural person.
2.7 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is your consent.
2.8 We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communication with users and clients.
2.9 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.10 In addition to the specific purposes for which we may process your personal data set out in this Section, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
2.11Within your account you have the possibility to enable 2-Factor Authentication to further protect your data.
2.12 Please do not supply any other person's personal data to us.
3.1 We may disclose profile data and/or transaction data and/or usage data to our clients or the public, insofar as reasonably necessary for to provide them with statistical anonymised and aggregated information about our users and to analyse and improve the services offered on the Website and service.
3.2 In addition to the specific disclosures of personal data set out in this Section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
3.3 The services offered by SMT under the Terms of Service available at https://getskinmatch.com/legal/terms include various services to help our clients such as Cosmetic Brands or Retailers sell goods and services to you as a customer (“Customer”). Any such services offered by SMT are referred to in the Data Protection Addendum as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Data Protection Addendum, if applicable. The Data Protection Addendum is part of our Terms of Service with our business clients and available under https://getskinmatch.com/legal/dpa. This Data Protection Addendum determines SMT‘s and the Cosmetic Brands or Retailers responsibilities for compliance with the obligations under the GDPR with regard to Processing and Controlling Customer Data. They apply to all activities in which the Parties, their employees or their Processors are involved in the Processing or Controlling of Personal Data. In the case of sharing data with Cosmetic Brands or Retailers you will be specifically asked to grant the sharing of your data with the specific Cosmetic Brand or Retailer. If you do not grant the sharing of your data with the specific Cosmetic Brand or Retailer, no account data will be shared.
In this Section, we provide information about thsde circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
4.1 The EU-U.S. and Swiss-U.S. Privacy Shield Frameworks were designed by the U.S. Department of Commerce and the European Commission and Swiss Administration to provide companies on both sides of the Atlantic with a mechanism to comply with data protection requirements when transferring personal data from the European Union and Switzerland to the United States in support of transatlantic commerce. Skin Match Technology Switzerland AG only transfers data to Companies who are active Member so either the EU-U.S. or/and Swiss-U.S. Privacy Shield Frameworks.
4.2"Account and Profile Data" Transfer to d/b/a AWS (Frankfurt, Germany)
AWS offers customers a number of compliance measures they can rely on to comply with European data protection laws. For example, customers are able to rely on the AWS GDPR Data Processing Addendum, which includes the Standard Contractual Clauses. The Data Processing Addendum is available to all AWS customers transferring data from the EU to any of AWS regions around the world, whether in the US or not. The Data Processing Addendum gives customers the assurance that AWS will give customers’ data the same high levels of security, privacy and data protection that it would receive in the EU. AWS customers have granular control over their data they store in the AWS cloud. AWS also enables a high level of security and maintains certification with robust security standards, such as ISO 27001, SOC 1/2/3 and PCI DSS Level 1. AWS can assist customers directly with teams of Solutions Architects, Account Managers, Consultants, Trainers and other staff in the EU who are expertly trained on cloud security and compliance to assist AWS customers in achieving high levels of security and compliance in the Cloud. AWS also helps customers meet many local security standards. For more information, visit AWS Compliance Programs.
4.3"Correspondence and Usage Data" Transfer to GOOGLE LLC (Ireland)
4.4"Correspondence and Usage Data" Transfer to HubSpot Inc.(Cambridge, Massachusetts)
EU-U.S. PRIVACY SHIELD FRAMEWORK: ACTIVE, WISS-U.S. PRIVACY SHIELD FRAMEWORK: ACTIVE.
HubSpot provides inbound marketing and sales software that helps companies attract visitors, convert leads, and close customers. HubSpot's customers decide what types of data will be processed. This data may include personal data, entity data, navigational data (including website usage information), email data, system usage data, application integration data, and other electronic data submitted, stored, sent, or received by end users via the HubSpot services. HubSpot also collects similar information for its own use for marketing, sales, and other business operations. HubSpot relies on certain third parties contracted to provide parts of the HubSpot services on HubSpot's behalf.
4.4"Account Data of Cosmetic Brand and Retail Clients for billing purposes" Transfer to Stripe (Dublin, Ireland)
At Stripe, privacy, data protection, and data security are at the very heart of everything we do. We’re continuously working to reset the bar for ourselves in the security and data privacy realm, and view the GDPR as an opportunity for the entire industry to come together on this and improve. Stripe started its efforts towards GDPR compliance back in 2016, and we are working to ensure that our services are GDPR-compliant on the effective date of May 25, 2018. GDPR compliance is comprised of many elements. Among others, we are updating our documentation and agreements to align with GDPR requirements. We are also revising our internal policies and procedures to ensure that they adhere to the GDPR standard. Available at https://stripe.com/en-ch/guides/general-data-protection-regulation#stripe-and-the-gdpr
4.4"Account Data of Cosmetic Brand and Retail Clients for billing purposes" Transfer to Bexio (Switzerland)
This Section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.1 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.2 We will retain your personal data as follows:
5.3 Notwithstanding the other provisions, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
6.1 In this, we have summarized the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
6.2 Your principal rights under data protection law are:
6.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee of CHF 25. You can access your account and profile data by visiting getskinmatch.com when logged into our website.
6.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
6.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: [the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: [for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims].
6.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
6.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
6.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
6.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation.
6.10 To the extent that the legal basis for our processing of your personal data is:
6.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
6.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
6.13 You may exercise any of your rights in relation to your personal data by written notice to us at email@example.com or Skin Match Technology Switzerland AG, General-Wille Strasse 18, 8002 Zürich (Data Protection Officer) using the following request form.
7.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
7.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
7.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
10.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies through support pages of the relevant browser you may use.
10.2 Blocking all cookies will have a negative impact upon the usability of many websites.
10.3 If you block cookies, you will not be able to use all the features on our website or services.
11.1Access Control and Authentication; We ensure that data is accessed only by authorized employees with the proper credentials and enabled 2-Factor Authentication. SMT will ensure that any person it authorizes to process the Customer Data has agreed to protect personal data in accordance with SMT's confidentiality obligations under this Policy.
11.2Data Loss Prevention; We automatically backup data on at least a daily basis to ensure data loss prevention.
11.3Encryption; Data is encrypted in transit and at rest.
11.4Antivirus, Firewalls and IP-Restrictions; Our environments are protected by Antivirus, Firewalls, IP-Restrictions for further security.
13.1 This website is owned and operated by Skin Match Technology Switzerland AG.
13.2 We are registered in Zurich under registration number CHE-330.323.981 and our registered office is at General-Wille Strasse 18, 8002 Zürich.
13.4The Spanish competent national supervisory authority is the Agencia Española de Protección de Datos (“AEPD”), which also represents Spain on the European Data Protection Board. As our company is not established in the EU, the AEPD as the EU Member State of our EU representative is the contact to address complaints against our Data Protection Policies.