Privacy Policy

PRIVACY POLICY

 

happy genie is very committed to your privacy. This privacy notice explains how we collect, use, disclose, retain, and protect your personal information.

 

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please feel free to reach out to our Data Privacy Officer at mail@happy-genie.com (Re: Data Privacy Officer).

 

WHAT IS PERSONAL INFORMATION?

Personal Information is information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

 

We do not consider personal information to include information that has been anonymized or aggregated so that it can no longer be used to identify a specific natural person, whether in combination with other information or otherwise.

 

We collect personal information from you when you use our website.

 

HOW WE USE YOUR PERSONAL INFORMATION

We use your personal information to provide and improve our services, provide you with a personalized experience on our sites, contact you about your account and our services, provide you customer service, provide you with personalized advertising and marketing, and to detect, prevent, mitigate and investigate fraudulent or illegal activities.

 

YOUR CHOICES ABOUT HOW WE USE YOUR PERSONAL INFORMATION

You have choices about how we use your personal information to communicate with you, to send you marketing information, how we provide you with customized and relevant advertising, and whether you want to stay signed into your account.

 

WAYS YOU CAN ACCESS, CONTROL, AND CORRECT YOUR PERSONAL INFORMATION

Ways you can access, control, and correct your personal information

 

  • You have the right to know what personal information we maintain about you
  • We will provide you with a copy of your personal information in a structured, commonly used and machine readable format on request
  • If your personal information is incorrect or incomplete, you have the right to ask us to update it
  • You have the right to object to our processing of your personal information
  • You can also ask us to delete or restrict how we use your personal information, but this right is determined by applicable law and may impact your access to or website or our Services

 

HOW WE MIGHT SHARE YOUR PERSONAL INFORMATION

We may disclose your personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our contract, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We attempt to minimize the amount of personal information we disclose to what is directly relevant and necessary to accomplish the specified purpose. We do not sell, rent or otherwise disclose your personal information to third parties for their marketing and advertising purposes without your consent.

 

HOW LONG WE KEEP YOUR PERSONAL INFORMATION

We retain your personal information for as long as necessary to provide the Services you have requested, or for other essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our policies.

 

COOKIES & SIMILAR TECHNOLOGIES

It is not necessary to accept cookies to visit our website. However, if you would like to place an order or add an item to your shopping basket, you will need to set your browser to accept cookies so you can use the shopping basket and checkout functions.

WHAT ARE COOKIES?

Cookies are small files that are saved on your computer which store specific information about your preferred settings and any other data that our system needs when interacting with your browser. There are two different kinds of cookies: session cookies, which are deleted the moment you quit your browser; and permanent cookies, which are stored on your data carrier for a longer period of time or, in some cases, permanently. Cookies help us to tailor our website to suit you and to reflect your tastes and your browsing habits. They also allow us to save any information you have entered so you don’t have to enter it all again the next time you visit.

 

WHAT KIND OF COOKIES DO WE USE?

Most of the cookies we use are session cookies which are deleted at the end of your browser session. We use these to allow you to use our shopping basket function across more than page of our site, for example. We do use some cookies that remain on your computer after you have quit your browser. This kind of cookie enables our system to recognise that you’ve visited our website before and to remember which settings and products you preferred. These permanent cookies have a certain lifespan after which they will be automatically deleted. These cookies allow us to collect and analyse data to come up with strategies to improve our website. This makes our website easier for our customers to use and helps us to provide you with personal recommendation of products you may like. Our aim is to offer you a fun, easy shopping experience on a website that is tailored to your tastes.

 

WHAT KIND OF INFORMATION IS STORED IN COOKIES?

The cookies used by happy genie are never used to store any personal information. Therefore our cookies cannot be traced back to an individual user. Once a cookie is activated, it is given an ID number, which is solely used for internal reference and cannot be used to identify the user or access any personal information, such as your name or IP address. The anonymised information we receive from the cookies allows us to assess which pages of our site are visited the most and see which products were most popular etc.

 

WHAT IS ON-SITE TARGETING?

The happy genie website gathers information that could be useful in tailoring our adverts and online offer to our customers. This information is not used to identify you as a user; it is solely used for the optimization of our website. Information collected by our cookies is not stored with our customer’s personal information or order information, it is only used to provide our users with adverts and/or notification of offers and services that are suited to their individual tastes, using click stream analysis (e.g. adverts for reduced trainers if a customer has been browsing our sports shoe selection). Our goal is to provide you with a shopping experience suited to your tastes and shopping preferences.

 

USE OF THIRD-PARTY-COOKIES

Cookies from specific business partners are allowed by happy genie  for the purpose of tailoring their adverts to your tastes and browsing habits, so cookies from some of our partners may be stored on your computer when you visit our site. These cookies are permanent cookies, which will be automatically deleted from your computer at the end of their lifespan. As with our own cookies, these third party cookies do not collect any personal information. The data stored is collected at certain times, allowing these companies to see which products have been viewed most frequently but this is done completely anonymously under randomly designated user ID numbers. Therefore, this data will never be pooled with any personal information you have given happy genie. Third party cookies have the sole purpose of allowing our partners to advertise products that may interest you.

 

RE-TARGETING

Our website may use retargeting, which allows us to make our online offer more interesting for you. Retargeting technology means we can advertise recently viewed and related products on our partners’ websites, meaning our adverts, even on other companies’ sites, are relevant to what you would like to see. We do this by analyzing user behavior from data collected by our cookies. This kind of information is anonymous, with no personal information being stored and no user profiles.

 

DECLARATION OF CONSENT

By using the happy genie Site and Shop you hereby give permission for your user information to be stored on cookie files. You also allow these files to remain on your computer after you have ended your browser session so they may be used upon your next visit to the website. You reserve the right to retract this permission by changing your browser settings to refuse cookies.

 

HOW CAN I PREVENT COOKIES FROM BEING STORED ON MY COMPUTER?

You can change the settings in your browser to ask for your permission every time a cookie tries to access your computer. If you would like to accept happy genie cookies but block our partners’ cookies, you can set your browser to block third party cookies.

Usually, your browser’s help section will provide information on how to change your cookie settings.

We recommend only changing the browser setting for your profile on shared computers.

When you visit or interact with our sites, services, applications, tools or messaging, we or our authorized service providers may use cookies and other similar technologies to help provide you with a better, faster and safer experience, and for advertising and marketing purposes. You can read our full User Cookie Notice for more information.

 

HOW DO WE PROTECT YOUR PERSONAL INFORMATION?

We protect your personal information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to the data centers we use, and information access authorization controls.

 

SCOPE

This privacy notice applies to any happy genie website, application, service or tools (collectively "Services") where this privacy notice is referenced, regardless of how you access or use them, including through mobile devices.

 

This privacy notice also applies to the provision of happy genie services through any happy genie partner's website, application, service or tool where it is referenced and where your listings and their content are published or advertised in accordance with the terms of this privacy notice.

 

We may amend this privacy notice at any time by posting the amended version on this site including the effective date of the amended version. We will announce any material changes to this privacy notice via email or any other suitable information channel.

 

PERSONAL INFORMATION WE COLLECT

We collect personal information from you and any devices (including mobile devices) you use when you: use our Services, register for an account with us, provide us information on a web form, update or add information to your account, or when you otherwise correspond with us. 

 

Some of this personal information, such as a way to identify you, is necessary to enter into a contract with us. The provision of all other personal information is voluntary, but may be necessary in order to use our Services or in order to order a product.

 

We may also collect personal information from other sources, as described below.

 

Personal information you give us when you use our Services or order a product:

  • Identifying information such as your name, addresses, telephone numbers or email addresses
  • Other content that you generate, or that is connected to your account or your usage of the Services
  • Financial information (such as credit card or bank account numbers) in connection with a transaction
  • Postage, billing and other information used to purchase an item
  • You may also provide us other information through a web form, chats, dispute resolution or when you otherwise communicate with us regarding our Services. 
  • Additional information we are required or authorized by applicable national laws to collect and process in order to authenticate or identify you or to verify the information we have collected.

 

Personal information we collect automatically when you use our Services or you purchase a product from us:

  • We collect information about your interaction with our Services, your advertising preferences and your communications with us. This is information we receive from devices (including mobile devices) you use when you access our Services. This information could include the following: Device ID or unique identifier, device type, ID for advertising and a unique device token.
  • Location information, including location information from your mobile device. Keep in mind that most mobile devices allow you to control or disable the use of location services by any application on your mobile device in the device's  settings menu.
  • Computer and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing history and your web log information.
  • Personal information we collect using cookies and similar technologies
  • We use cookies, web beacons, unique identifiers and similar technologies to collect information about the pages you view, the links you click and other actions you take when using our Services, within our advertising or email content.
  • For more information about our use of these technologies, and how to control them, see Cookies and Similar Technologies.

 

Personal information collected from other sources:

  • Social Media. We allow you to share information with social media sites. Those social media sites may give us automatic access to certain personal information retained by them about you (e.g., content viewed by you, content liked by you and information about the advertisements you have been shown or have clicked on, etc.). If you provide us with access to any site with video content, then you agree that we can share your video viewing with, or obtain information about your video viewing from, third-party social media sites for at least two years or until you withdraw authorization or connection to the social media site. You control the personal information you allow us to have access to through the privacy settings on the applicable social media site and the permissions you give us when you grant us access to the personal information retained by the respective social media site about you. We may also use plug-ins or other technologies from various social media sites. If you click on a link provided via a social media plug in, you are voluntarily establishing a connection with that respective social media site.
  • If you give us personal information about someone else, you must do so only with that person’s authorization. You should inform them how we collect, use, disclose, and retain their personal information according to our privacy notice.

 

How we use your personal information

We use the personal information we collect from you for a range of different business purposes and according to different legal bases of processing. The following is a summary of how and according to which legal bases we use your personal information.

 

We use your personal information to fulfil a contract with you and provide you with our Services, to comply with our legal obligation, protect your vital interest, or as may be required for the public good. This includes:

  • To provide payment processing, operate, measure and improve our Services, keep our Services safe, secure and operational, and customize site content that includes items and services that you may like in response to actions that you take.
  • To contact you regarding your order, to troubleshoot problems with your order, to resolve a dispute, to collect fees or monies owed or as otherwise necessary to provide you customer service (including warranty services).

 

When contacting you for such purposes as outlined above, we may contact you via email, telephone, SMS/text messages, or postal mail.

  • To provide other services requested by you as described when we collect the information.
  • We use general location information to provide you with location-based services (such as advertising, search results and other personalized content).
  • To prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities.
  • To enforce our Contract, this privacy notice, or other policies, and to monitor restrictions on offers to buy or sell outside of happy genie and member-to-member communications for violations of our policies or applicable laws.

We use your personal information to pursue our legitimate interests where your rights and freedoms do not outweigh these interests. We have implemented controls to balance our interests with your rights. This includes to:

  • Improve our Services, for example by reviewing information associated with stalled or crashed pages experienced by users allowing us to identify and fix problems and give you a better experience. 
  • Deliver targeted marketing, service updates and promotional offers based on your communication preferences.
  • Measure the performance of our email marketing campaigns (e.g. by analyzing open and click rates). 
  • Monitor and improve the information security of our site and mobile applications.

 

With your consent, we may use your personal information to:

  • Provide you with marketing via telephone calls, email, SMS/text.
  • Customise third party advertising you might see on third party websites.

 

You have the right to withdraw your consent at any time.

We may use technologies considered automated decision making or profiling. We will not make automated-decisions about you that would significantly affect you, unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are required by law to use such technology.

 

MARKETING

If you do not wish to receive marketing communications from us, you can unsubscribe via the link in an email you received, indicate your communication preferences using the method described within the direct communication from us or contact us as described in the Contact Us section below. Keep in mind, we do not sell, rent or otherwise disclose your personal information to third parties for their marketing purposes without your consent.

 

ADVERTISING

If you do not wish to participate in our advertising personalization programs, you can opt-out by following the directions provided within the applicable advertisement, or through the programs described in our User Cookie Notice. The effect of an opt-out will be to stop personalized advertising, but it will still allow the collection of personal information as otherwise described in this privacy notice. We do not allow third parties to track or collect your personal information on our sites for their own advertising purposes, without your consent.

 

WAYS YOU CAN ACCESS, CONTROL AND CORRECT YOUR PERSONAL INFORMATION

Access, correction and deletion of your personal information

We will honor any statutory right you might have to access, modify or erase your personal information. To request access please contact us following the instructions in the Contact Us section below. Where you have a statutory right to request access or request the modification or erasure of your personal information, we can still withhold that access or decline to modify or erase your personal information in some cases in accordance with applicable national laws.

 

If you request that we stop processing some or all of your personal information or you withdraw (where applicable) your consent for our use or disclosure of your personal information for purposes set out in this privacy notice, we might not be able to provide you all of the Services and customer support offered to our users and authorized under this privacy notice and our Contract.

 

Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable national laws.

 

HOW WE MIGHT SHARE YOUR PERSONAL INFORMATION

We may disclose your personal information to the following parties for the following purposes:

 

Service Providers and financial institutions partners as follows:

  • Third party service providers who help us to provide our Services, payment processing services, assist us in providing customized advertising, to assist us with the prevention, detection, mitigation, and investigation of potentially illegal acts, violations of our Contract, fraud and/or security breaches, bill collection and other business operations.
  • Third party financial institutions with whom we partner to offer financial products to you, for them to provide joint content and services (such as, registration, transactions and customer support). These third party financial institution partners will use your personal information to send you marketing communications only if you have requested their services.
  • Third party postage providers (e.g., Swiss Post, DHL, UPS, USPS, etc.) with whom we share delivery address, contact information and shipment tracking information for the purposes of facilitating the delivery of items purchased and other delivery related communications.
  • Third party providers of websites, applications, services and tools that we cooperate with so that they advertise our products on their websites or in their applications, services and tools. If we transfer personal information to third party providers, this will be solely on the basis of an agreement limiting use by the third party provider of such personal information to processing necessary to fulfil their contract with us and obligating the third party provider to take security measures with regard to such data. Third party providers are not permitted to sell, lease or in any other way transfer the personal information included in your listings to third parties.

 

Law enforcement, legal proceedings and as authorized by law:

  • To comply with our legal requirements, enforce our Contract, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property or safety.
  • To law enforcement or governmental agencies, or authorized third-parties, in response to a verified request or legal process relating to a criminal investigation or alleged or suspected illegal activity or any other activity that exposes us, you, or any other of our users to legal liability. We will only disclose information we deem relevant to the investigation or inquiry, such as name, city, state, postcode, telephone number, email address, User ID history, IP address, fraud complaints, bidding and listing history.
  • To third parties involved in a legal proceeding, if they provide us with a subpoena, court order or substantially similar legal basis, or we otherwise believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.
  • If a transaction fails, is put on hold, or is later invalidated, we may also provide the other user with details of the unsuccessful transaction.

How long we keep your personal information

How long we retain personal information can vary significantly based on context of the Services we provide and on our legal obligations. The following factors typically influence retention periods:

  • How long is the personal information needed to provide our Services? This includes such things as maintaining and improving the performance of our products, keeping our systems secure, and maintaining appropriate business and financial records. This is the general rule that establishes the baseline for most of our data retention periods.
  • Is the personal information sensitive? If so, a shortened retention time is generally appropriate.
  • Have you provided consent for a longer retention period? If so, we will retain data in accordance with your consent.
  • Are we subject to a legal, contractual, or similar obligation to retain your personal information? Examples can include mandatory data retention laws in the applicable jurisdiction, government orders to preserve data relevant to an investigation, or personal information retained for the purposes of litigation.

 

After it is no longer necessary for us to retain your personal information, we will dispose of it in a secure manner according to our data retention and deletion policies.

 

DATA CONTROLLERS AND DATA PROTECTION OFFICERS

You are contracting with happy genie Antanas AG, Seestrasse 112, 8806 Baech, Switzerland. 

 

The company you are contracting with is your data controller, and is responsible for the collection, use, disclosure, retention and protection of your personal information in accordance with our global privacy standards, this privacy notice, as well as any applicable national laws.

 

We may process and retain your personal information on servers in the U.S. and elsewhere in the world.

 

We have appointed a data protection officer who can be reached in case of questions or complaints in writing at: happy genie Antanas AG, Attn: DPO, Seestrasse 112 8806 Baech, Switzerland or you can also send an email to our DPO at mail@happy-genie.com (Re: Data Privacy Officer).

 

Your right to file complaints with a data protection supervisory authority remains unaffected.

 

UNWANTED OR THREATENING EMAIL

We do not tolerate abuse of our Services. You do not have permission to add other users to your mailing list (email or postal), call, or send him/her text messages for commercial purposes, even if this user purchased something from you, unless the user has given his/her explicit consent. Sending unwanted or threatening email and text messages is against our Contract. To report happy genie-related spam or spoof emails please forward the email to mail@happy-genie.com.

 

COMMUNICATION TOOLS

We may scan messages automatically and check for spam, viruses, phishing and other malicious activity, illegal or prohibited content or violations of this privacy notice or any other applicable policies.

 

CHILDREN'S PRIVACY

Our websites are general audience websites and not intended for children. We do not knowingly collect personal information from users deemed to be children under their respective national laws.

 

THIRD PARTY PRIVACY PRACTICES

This privacy notice addresses only our use and handling of personal information we collect from you in connection with providing you our Services. If you disclose your information to a third party, or visit a third party website via a link from our Services, their privacy notices and practices will apply to any personal information you provide to them or they collect from you.

 

We cannot guarantee the privacy or security of your personal information once you provide it to a third party and we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your personal information. This is true even where the third parties to whom you disclose personal information are bidders, buyers or sellers on our site.