Privacy and data protection policy

By placing an order on mariellabgreen.com you are showing us your trust and for us your trust is fundamental.

That is why The Green Group Sàrl, owner of the MariellaBGreen brand, is committed to ensuring the confidentiality and security of your information.

In this privacy policy we communicate how and why we collect, process and use your personal data.

Our privacy policy is aligned with both the Swiss Data Protection Act and the European General Data Protection Regulation (GDPR). The GDPR has established itself as a global standard of high data protection. Whether and to what extent the GDPR is applicable, however, depends on the individual case.

The Green Group Sàrl Sàrl is responsible for data processing within the meaning of this privacy policy.

1. To whom and for what purpose is our privacy policy addressed?

This privacy policy applies to all persons whose data is processed (hereinafter referred to as “you”), regardless of the contact channel (online shop, website, social media, event). This privacy policy applies to the processing of personal data already collected and personal data collected in the future.

Our data processing may relate in particular to the following categories of persons, insofar as we process personal data in this context

• persons visiting our website;
• user account holders;
• customers in our online shops and physical stores
• merchants who offer products and services through our online shops;
• other persons who use our services or come into contact with our offers;
• people who use our online offers and apps;
• people who contact us by email or otherwise;
• persons who receive marketing communications;
• participants at customer and public events;
• participants in market research surveys, opinion polls and customer questionnaires;
• contact persons of our suppliers, buyers and other business partners as well as organisations and authorities; as well as
• candidates and applicants for jobs.

Please also refer to our terms and conditions and our cookie policy.

2. What data do we process?

We process different categories of personal data, defined as individual future indications of personal or objective situations of a natural person who is determined or can be determined.

We process in particular:

2.1. Basic (or ‘profile’) data

Basic” or “profile” data are the personal and demographic data about your person, such as your first name, last name, or date of birth, and your individual interests that you communicate to us when you register your customer account.

We collect basic data in particular when you create a user account with us, but also when, for example, you participate in a survey/event or subscribe to one of our newsletters. We also collect basic data on contact persons and representatives of contractual partners, organisations and authorities.

Examples of basic data include:

• name, first name, surname, gender, date of birth;
• postal address, e-mail address, telephone number and other contact data;
• payment information (e.g. saved payment method, bank details, billing address);
• user name and profile photo;
• information on the use of our online platforms (e.g. whether you are registered with our website);
• data on linked websites, social media profiles, etc.; and
• data about your preferences and interests, preferred languages, etc.; and
• data about your relationship with us (customer, visitor/visitor, supplier/supplier, etc.);
• data on related third parties (e.g. contact persons, service recipients or representatives);
• settings on receipt of advertising, newsletter subscription etc;
• data on your status with us (inactivity or blocking of a user account, prohibition of access to a shop, etc.);
• data on participation in competitions and sweepstakes;
• date and time of registrations.

Sometimes, for certain online offers you may register with the login of a third-party provider (e.g. Apple, Google or Facebook). In this case we obtain access to certain data stored at the provider concerned, e.g. your surname and e-mail address, the extent of which can usually be determined by you. Information on this can be found in the privacy policy of the respective provider.

2.2. Contractual data

Contractual data are those personal data resulting from the conclusion or execution of a contract, e.g. data relating to the conclusion of the contract, rights and claims acquired or information relating to customer satisfaction. We conclude contracts with customers, business partners and job applicants. If you use our offers on the basis of a contract, we also collect data on your behaviour and transactions.

Examples of contractual data:

• data on the initiation and conclusion of contracts;
• on the execution and management of contracts;
• in connection with customer service or as a business partner;
• about defects and complaints as well as changes to a contract;
• on customer satisfaction;
• on financial matters (e.g. for solvency studies);
• for the purpose of assessing an application to work with us,
• for security checks

2.3. Communication data

Communication data is data that is provided, precisely, in the event of communication between us, e.g. if you contact us or if we contact you, we may process the contents of the communication exchanged and data on when and how the communication took place and, if identification is required, we may ask you for proof of identity.

By way of example, some data on the communication are:

• your first name, surname, postal address, e-mail address and telephone number;
• the content of e-mails, letters, chats, messages, social media posts, comments on a website, telephone conversations, video conferences, etc.; and
• answers to surveys
• identity documents such as copies of official documents;

We may record telephone and/or video conversations, subject to us informing you of this at the start of the communication, but if you do not wish your conversations to be recorded, you may stop them at any time and communicate in another way (e.g. by email) with our customer service department. Your silence constitutes acceptance.

2.4. Behaviour and transaction data

The following data, if available with a personal reference, are part of the behaviour and transaction data, e.g:

• about your behaviour in online shops;
• your behaviour in The Green Group Sàrl and MariellaBGreen communities;
• your purchases in stores or corner stores;
• on your participation in our events (e.g. date, place and type of event);
• your behaviour on our website;
• your use of electronic communications;

2.5. Preference data

We process this data in order to be able to understand mainly the preference, and thus the presumed behaviour, of the customer towards one type of product or another, by analysing this data with and without reference to the person. We use this data to show you advertisements that may be of interest to you or to carry out market research and develop our products according to customer preferences: technically, this type of processing is called ‘profiling’.

2.6. Technical data

When you use our website, we collect certain technical data, such as your IP address or device ID and log data.

However, technical data alone generally do not allow the identity of the person to be traced, unless the person creates a user account or registers. If the customer creates a user account or registers, then it is possible to link the technical data with the basic data, showing the identity of the person.

Technical data includes, among other things:

• the IP address of your device, further device IDs, data from your provider;
• the customer numbers allocated to your device by cookies;
• the configuration data of your device, such as the chosen language;
• browser data;
• log data;
• information about your movement on our website;
• data about your Internet service provider;
• your approximate location and time of use;

2.7. Audio and video filming

Very often we make films and take photos for our marketing or security strategies: it may happen that you are present in our photos or films for example because you have attended a company event or a pop-up.

By accessing the website mariellabgreen.com the customer accepts this privacy policy and automatically gives consent to be filmed in audio and video content (including crowds of people), but if the customer wishes to deny consent he or she may always do so at a later date by sending us written notice to info@mariellabgreen.com.

3. Data provided, collected and received

3.1. Provided data

In most cases it is the customer himself who directly makes his basic, contractual and personal communication data available to us, e.g.

• when creating a user account
• when contacting our customer service;
• when registering to receive other offers, e.g. our newsletter.

Providing us with this data is the customer’s option, in the sense that the customer is not obligated to provide us with personal data, however, we must collect and process those personal data that are necessary or legally required for the execution of a contractual relationship as well as for the fulfilment of the corresponding obligations, e.g. mandatory basic and contractual data.

Otherwise we cannot conclude or continue the contract.

If you provide us with data on other persons (e.g. family members), we assume that you are authorised to do so and that this data is correct. Please also ensure that the other persons have been informed of this privacy policy.

3.2. Data collected

We may also collect personal data about you directly or automatically, e.g. when you buy from us, use our offers or make use of our services. This often includes behaviour and transaction data as well as technical data (e.g. the time you visit our website).

We collect personal data about the customer ourselves, for example

• when you order one of our products online or in one of our stores or corner stores, by showing your account;
• when you visit our website;
• when you click on a link in one of our newsletters or otherwise interact with one of our electronic advertising communications.

We may also derive personal data from personal data that already exists, e.g. by analysing behavioural and transaction data. This derived data is often preference data.

3.3. Data received

We may also obtain personal data from other partners (companies and/or persons) with whom we cooperate, from public sources or from third parties such as:

• cooperative partners
• your employer and your colleagues in case you apply to work with us
• people in your environment (family members, legal representatives, etc.); and
• credit reporting agencies (in case of a credit study);
• mail and address providers, e.g. for address updates;
• banks, insurance companies, distribution partners and other contractual partners for purchases or payments;
• online service providers for Internet analysis and IT security;
• information services for compliance with legal requirements such as anti-money laundering and export restrictions;
• authorities, parties and other third parties in connection with proceedings before courts and authorities;
• media monitoring companies in connection with articles and reports in which you appear;
• public registers, e.g. the debt collection register or trade register, and public services such as the Federal Statistical Office, the media or the Internet.

4. For what purpose do we process personal data?

4.1. In dealing with our customers, we personalise our communications on the basis of behavioural, transaction, preference and other data in order to

• respond to requests/questions
• provide customer service;
• provide training;
• informing;
• for advertising;
• recalling products;
• providing information on the order and its status;
• for quality control;
• for the performance of the contract;

4.2. In the execution of the contract, in order to be able to offer our customers a high level of service, we process personal data (mainly basic, contractual, communication, behaviour and transaction data as well as preference data) for the purpose of opening the order, its handling (including its delivery by us or our intermediaries) its execution, as well as to develop our community and participate in events, to manage accounts, to check whether we want to and can cooperate with a company as well as to monitor and evaluate its performance, to plan business acquisitions or disposals, to cancel contracts, to fulfil data retention obligations.

The purpose of contract enforcement generally includes everything that is necessary or appropriate to conclude, execute and possibly enforce a contract.

4.3. In order to offer attractive marketing, we process personal data (mainly basic data, contractual data, communication data, behaviour and transaction data as well as preference data, but also video/audio data) to send communications and offers (ours or those of partners), also personalised, such as newsletters, advertising e-mails, delivery of promotional codes, invitations to events.

You may refuse contact for marketing purposes at any time.

4.3.1 Newsletter

For sending the newsletter we use the so-called opt-in method: the newsletter is only sent by email after the customer has expressly confirmed the activation of the newsletter receipt service.

Should you no longer wish to receive our newsletter in the future, you can unsubscribe at any time by sending us an email to cs@mariellabgreen.com.

The newsletter can be reactivated at any time on our website or by requesting it by email to cs@mariellabgreen.com.

4.4. In order to study the market and develop our products, we process basic, behavioural, transaction, preference, communication and customer questionnaire data, also obtained from the internet and other public sources.

4.5. To ensure the customer’s safety and our own, as well as to prevent abuse and crime, we process all categories of personal data, including audio and video footage to

• recognise and prosecute crimes
• perform checks
• recognise suspicious behaviour patterns and fraudulent activities;
• prevent cyber-attacks and malware attacks, as well as defend against and investigate them;
• control access to electronic systems (e.g. logins for user accounts);
• document and create back-up copies

 We do not do biometric data analysis (e.g. facial recognition) or any automated evaluation of behavioural patterns or similar analysis in this context.

4.6. Compliance with legal obligations

All categories of personal data are processed for the purpose of complying with current legal provisions and also for the purpose of preventing and possibly detecting infringements. Compliance with legal obligations includes, for example, the receipt and processing of complaints, compliance with provisions of a court or authority, protection of minors, checks on business partners, and the legally regulated fight against money laundering and the financing of terrorism,  the disclosure of information and documents to authorities, if we have a concrete reason to do so (e.g. if we are an injured party or if we are legally obliged to do so), the fulfilment of information or reporting obligations (obligations under supervisory or tax law, obligations in the area of archiving and to prevent, detect and investigate crimes and other violations).

In all cases, these may be Swiss law, but also foreign provisions to which we are subject, as well as self-regulation rules, industry standards and other standards.

4.7. Safeguarding of rights

All categories of data are processed to safeguard rights, i.e. for the purpose of asserting them in court, before courts and extrajudicial authorities in Switzerland and abroad, or to defend ourselves against the claims of others. In this case, depending on the situation, we process various personal data, e.g. contact data and data on processes that have led to or may lead to litigation.

4.8. Administration

We also process basic, contractual, technical, behavioural, transaction and communication data for our internal administration.

5. What is the legal basis for our processing of personal data?

Our processing of personal data is based on various legal bases, including the Federal Data Protection Act, depending on the purpose of the data processing. We may process personal data in particular when the processing

• is necessary for the fulfilment of a contract with the data subject or for the execution of pre-contractual measures (e.g. checking a contract application);
• is necessary for the exercise of legitimate interests, e.g. when the processing of data is a central part of our business activities;
• is based on consent;
• is necessary to comply with domestic or foreign legal requirements.

We have a legitimate interest in particular in the processing in connection with the purposes described above in section 4 and the disclosure of data according to section 6 and related purposes. Legitimate interests include our own interests and those of third parties.

These legitimate interests include, by way of example, the interest

• to deliver products and services to third parties (e.g. to persons receiving a gift);
• to provide good customer service, to maintain contact and communication with customers outside a contract;
• to carry out advertising and marketing activities;
• to get to know our customers and other people better;
• to improve products and services and to develop new ones;
• to ensure internal Group administration and internal Group relations, which are necessary for a Group with cooperation based on the division of tasks;
• to combat fraud, e.g. in online shops, and to prevent and investigate crime;
• to protect customers and other persons as well as the data, secrets and assets of The Green Group Sàrl;
• to guarantee IT security, in particular in connection with the use of websites, apps and other IT infrastructures
• to ensure and organise operational activity, including the management and development of websites and other systems;
• to ensure business management and development;
• to sell or acquire businesses, parts of businesses or other assets;
• to enforce or defend legal claims;
• to comply with Swiss and foreign law and internal rules.

6. Who else sees your data?

6.1. Within our community

We may pass on your personal data, which we receive from you or from third parties, to other companies within The Green Group Sàrl for marketing activities, for the development and improvement of products and services, as well as for carrying out credit checks or initiatives to prevent theft, fraud and abuse.

6.2. Outside our community

We may pass on your personal data to companies outside The Green Group Sàrl when we use their services, for example, for the shipment of goods ordered, for advertising, marketing, company accounting, fraud prevention in connection with payments, data storage (hosting), cloud services, sending e-mail newsletters, consultancy, banking services.

It is also possible that personal data may be forwarded to other third parties for their own purposes, e.g. if you have provided us with consent or if we are legally obliged or authorised to forward personal data. In such cases, under data protection law, the recipient of the data is regarded as a data controller in its own right.

Examples include the following cases:

• information on product recalls by manufacturers, if you have purchased a product from the manufacturer;
• transfer of receivables to other companies such as collection agencies;
• verification or execution of corporate law transactions, e.g. company takeovers, transfers and mergers;
• disclosure of personal data to courts and authorities in Switzerland and abroad, e.g. to prosecution authorities in the event of suspected criminal offences;
• processing of personal data for the purpose of complying with a court decision or administrative order, enforcing legal claims or defending against legal claims of third parties, as well as in cases where we deem it necessary for other legal reasons. In these situations we may also disclose personal data to other parties.
• Please also note our information on cookies for the collection of individual data by third-party providers whose tools are integrated into our websites and apps.

In principle, we are not subject to any professional secrecy (such as banking or medical secrecy). Please let us know if you feel that in an individual case certain personal data should be subject to an obligation of confidentiality so that we can verify your request.

6.3. Abroad

The Green Group Sàrl mainly processes and stores personal data in Switzerland and the European Economic Area (EEA). In some cases, however, we may also disclose personal data to service providers and other recipients outside this area or process personal data outside this area, in principle in any country in the world.

The laws of the countries concerned may not protect personal data in the same way or to the same extent as in Switzerland or the EEA. If we transmit your personal data to one of these countries, we will ensure that your personal data is adequately protected.

One means of ensuring adequate data protection is, for example, by concluding contracts concerning the transmission of data with recipients of your personal data located in third countries that guarantee data protection. These include contracts that have been approved, drawn up or recognised by the European Commission and the Federal Data Protection and Information Commissioner, known as model contracts.

7. Particularly protected data

Under data protection law, data on health and biometric characteristics are defined as ‘worthy of special protection’.

Sometimes the categories of personal data listed under 2. may also include such personal data worthy of special protection. However, as a rule we only process data worthy of special protection if it is necessary to provide a service, if you provide us with this data on your own initiative or if you have given your consent to its processing. We may also process personal data that is worthy of special protection if it is necessary to protect rights or to comply with Swiss or foreign legal provisions, if the data concerned have been manifestly made public by the data subject or if processing is otherwise permitted by applicable law.

We may process personal data that is worthy of special protection in the following cases, for example:

• you wish to order a customised costume with a specific cut
• you apply for a job vacancy by entering data on your state of health, trade union membership or criminal record and measures.

8. Profiling

Article 4 of the new European Regulation defines profiling as ‘any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects of that person’s professional performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements’.

Profiling, through which data on preferences in particular can be derived and which sometimes also uses self-learning algorithms, is used for instance

• in purchases in our online shop and in store/corner store in order to be able to present our customers with tailor-made offers
• in navigating our website, to improve the presentation of our content by tailoring it to our customers’ needs;

in communications, in order to send, for example through our Newsletter, personalised product offers.In some cases you can object to profiling by informing us in writing at cs@mariellabgreen.com.

9. Automated decisions

Automated decision-making occurs when decisions are made using technological means without human involvement.

As a rule, we do not make individual automated decisions, but we will inform you explicitly if we decide to apply them in individual cases. You will then have the opportunity to have the decision verified by a person if you do not agree with it.

10. Protection of personal data

The Green Group Sàrl does its best to preserve the security of personal data, but, like all companies, cannot rule out data security breaches with absolute certainty.

11. Duration

Personal data is kept

• for as long as it is necessary for the purposes of the processing or for purposes compatible therewith, for contracts as a rule at least for the duration of the contractual relationship
• as long as we have a legitimate interest in the retention. In particular, this is the case when we need the personal data to assert our claims or to defend ourselves against the claims of others, for archiving purposes and to ensure IT security;
• as long as they are subject to a legal storage obligation. For some data, for example, there is a ten-year retention period. For other data, shorter retention periods apply, e.g. for footage from video surveillance equipment or recordings of certain processes on the Internet (log data).

12. Your rights in the processing of your personal data

You have the right to object to data processing, including profiling, if it is related to direct marketing, and you can, among other things

• request information on personal data stored with us
• have incorrect or incomplete data changed;
• delete or anonymise your personal data;
• revoke your consent at any time with effect for the future, if we process your personal data on the basis of consent ;
• The right to receive the data we have stored about you in a common, computer-readable format, or to request that it be transferred to another controller ;
• The right to lodge a complaint with a supervisory authority ;

Please note that these rights may be limited or excluded in individual cases, for example if there are doubts about your identity or if this is necessary to protect other persons, to safeguard interests worthy of protection or to comply with legal obligations.

You can exercise the main rights mentioned above via your user account or by contacting us by email. If you have a user account, you can correct your stored basic data at any time. You can also request deactivation of your user account or complete deletion of your personal data. You can also unsubscribe from the newsletter and other advertising e-mails by sending us an e-mail You can also contact us if you want to exercise any of your rights or if you have questions about the processing of your personal data.

13. Changes to this privacy policy

This privacy and data protection policy is subject to change, especially if new legal provisions come into force or if our policy changes.

We will inform those who have registered their contacts with us of any changes, provided this is possible without disproportionate effort.

14. Contacts

If you have any questions regarding this privacy policy or the processing of your personal data, please contact us as follows:

The Green Group Sàrl
Chemin de Charvel 4
1222 Vésenaz
Switzerland

E-Mail: info@mariellabgreen.com

15. Federal Data Protection and Information Commissioner

For any questions relating to data protection, please contact the Federal Data Protection and Information Commissioner FDPIC

Feldeggweg 1
3003 Bern
Switzerland
Telephone : +41 (0)58 462 43 95

Last revision 29.03.2023