Disclaimer & Privacy Policy

Protecting your privacy is very important to us.

 

With the following statement, Flourish GmbH complies with our statutory duty to inform you about the storage of data, the type of data, the purpose and our identity. Based on Article 13 of the Swiss Federal Constitution and the data protection regulations of the New Federal Act on Data Protection (nFADP), put into effect on September 01, 2023, the EU Data Protection Basic Regulation DSGVO, and in accordance with General Data Protection Regulation GDPR (put into effect on May 25, 2018), every person is entitled to protection of their privacy and to protection against misuse of their personal data. We comply with these regulations and will treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

 

The protection of your personal data during the collection, processing and use during your visit to our website is taken very seriously by us and the use of our website is usually possible without providing personal data. Personal data will be kept on a strictly confidential basis and will not be sold or passed on to third parties. Submitting personal data (e.g., your name, address, telephone number or email address) takes place, as far as possible, always on opt-in basis. If you have given us consent to process your personal data for particular purposes (for example when you subscribe to newsletters), we will process your personal data on the basis of this consent. You can revoke your consent at any time.

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We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect
immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

 

For external links to third-party content, we accept no liability despite careful content control, since we have not initiated the transmission of this information, have not selected or changed the addressee of the transmitted information or the transmitted information itself.

 

Herewith, we detail what information we collect during your visit to our website and how it is used:

 

1. COLLECTION AND STORAGE OF PERSONAL DATA, AND THE NATURE AND PURPOSE OF DATA USE

 

a) Visiting the website: every time a visitor accesses our website, the internet browser used on the visitor’s device (computer, laptop, tablet, smartphone, etc.) automatically sends information to our website’s server. This information is temporarily stored in a so-called logfile (log file) on the server side (web hosting provider).

 

The following data will be collected without your intervention and stored until automated deletion:

• if necessary, the IP address of the requesting computer, as well as the device ID or individual device identifier and device type,

• name of the retrieved file and the amount of data transferred, as well as the date and time of retrieval,

• requesting domain (i.e., the origin of your request, from which you came to our website),

• the search words you used to find this website

• the date

• the time of day

• description of the type of internet browser used and, if applicable, the operating system of your terminal and the name of your access provider,

• location information, including location data from your mobile device. Please note: on most mobile devices, you can control or disable the use of location services in the mobile device's settings menu.

 

Our legitimate interest is in accordance with Art. 6, Para. 1, Sentence 1 lit. f DSGVO as the collection of data is based on the following purposes:

• ensuring a smooth connection setup and comfortable use of the website,

• evaluation of system security and stability,

• for further administrative purposes.

 

In no case do we use the collected data for the purpose of drawing conclusions about you.

 

b) When entering into a contractual relationship of any kind, we ask you for the following personal data:

• data that personally identifies you, such as your name, email address and telephone number,

• other personal data which we are legally obliged or authorised to collect and process and which we need for your authentication, identification or verification of the data we collect.

 

The mentioned data will be used to process the contractual relationship. The processing of data is based on Art. 6, Para. 1 DSGVO. The retention period is limited to the purpose of the contract and, if available, statutory and contractual retention requirements. In entering into a contractual relationship with us, you are invited to provide the personal data that is required to enter into and conduct a business relationship and fulfil the associated contractual obligations. Generally speaking, you are not legally required to provide data to us. However, without this data, we will usually be unable to conclude or process a contract with you (or the organisation or person you are representing). The website cannot be used either if certain details designed to secure data traffic (such as your IP address) are not disclosed. We point out that data transmission over the Internet (e.g., communication via email) can have security gaps. It is not possible to completely protect data from access by third parties.

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About Wix.com Ltd

Wix.com Ltd. is a software company that provides cloud-based web development services. It allows users to create HTML5 websites and mobile sites through the use of online drag and drop tools. This website (www.flourish.gmbh) and its associated newsletters have been created using Wix. 

 

Wix Data Centre Locations

Wix services are hosted on AWS and Google Cloud Platform cloud-based data centers, for which Equinix provides all physical colocation services. Wix infrastructure providers maintain industry-standard security certifications, including ISO 27001, ISO 27017, ISO 27018, SOC 1, SOC 2, SOC 3 and PCI DSS Level 1. Wix data centre locations are detailed in their privacy policy.

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Wix Privacy Policy

Please see here: Wix Privacy Policy

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Wix Security Measures Overview

Please see here: Wix Security Measures Overview

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Wix Terms of Use

Please see here: Wix Terms of Use

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Wix Data Location

1. Wix.com Ltd. is based in Israel, which is considered by the European Commission to have an adequate level of protection for the personal information of EU individuals. Wix.com Ltd. is publicly listed in the USA.

2. Wix also has many group companies and third-party processors worldwide so they may process personal information in other countries if necessary. They store personal information in their data centres which are in the United States of America, Ireland, Japan and Israel.

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Swiss Data Privacy

Wix and its affiliates, including DeviantArt Inc., participates in, and has certified its compliance with, the E.U.-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. 

US Department of Commerce Data Privacy Framework here: https://www.dataprivacyframework.gov/s/ 

Downloadable information here: https://www.privacyshield.gov/ps/servlet/servlet.FileDownload?file=015t0000000QJdg

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Deletion/Data Purge Process

Any Wix user and/or visitor can:

1. Submit a data access request

or

2. Permanently delete their data

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2. TRANSFER OF PERSONAL DATA

 

A transfer of your data to third parties for purposes other than those listed below does not take place. We only pass on your data to third parties if:

• you have given your express consent to this (Art. 6 (1) (1) (a) GDPR),

• this is necessary for the settlement of contractual relationships with you (Art. 6 (1) (b) GDPR),

• there is a legal obligation to pass it on (Art. 6 (1) (c) GDPR),

• disclosure is required for asserting, exercising, or defending legal claims and there is no reason to assume that you have a predominantly legitimate interest in not disclosing your data (Article 6 (1) (1) (f) GDPR).

 

In these cases, however, the amount of data transmitted is limited to the minimum required.

 

3. AFFECTED RIGHTS

 

On request, we can inform you whether and which clearly personal data about you are stored (Article 15 GDPR), in particular: the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed or will, the planned storage period, the right of rectification, deletion, limitation of processing or opposition, the existence of a right of appeal, the origin of data, if data was not collected from us, as well as the existence of automated decision-making including profiling.

 

You also have the right to correct any incorrectly collected personal data or to complete incomplete data collected (Art. 16 GDPR). Furthermore, you have the right to demand that we restrict the processing of your data, provided that the legal conditions for doing so are met (Art. 18 GDPR). You have the right to receive the personal data relating to you in a structured, common and machine-readable format or to request the transfer to another person responsible (Art. 20 GDPR). In addition, you are entitled to the so-called "right to be forgotten". You can request the deletion of your personal data from us, provided that the legal prerequisites exist (Art. 17 GDPR). Regardless of this, your personal data will be automatically deleted by us if the purpose of the data collection has been omitted or the data processing has been unlawful.

 

In accordance with Art. 7 (3) GDPR, you have the right to revoke your data at any time. As a result, we are no longer allowed to continue the data processing based on this consent for the future. You also have the right to object to the processing of your personal data at any time, provided that a right of objection is provided for by law. In the case of an effective revocation, your personal data will also be automatically deleted by us (Article 21 GDPR). If you would like to exercise your right of revocation or objection, it is sufficient to send an email to the email address listed at the end of this privacy policy as well as a copy of an official identification document (ID card, passport) as this is necessary to prevent any unauthorised persons gaining access to your data.

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Every data subject is entitled to assert their claims in court or file a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner: www.edoeb.admin.ch/edoeb/en/home.html.

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4. DURATION OF DATA STORAGE and COOKIES

 

The data collected will be stored by us as long as necessary for the performance of the contracts we have entered into, or if you have not exercised your right to cancellation, or your right to transfer data to another company.

 

For example, we use cookies to statistically record your visit, evaluate the use of our website and continuously improve our offer for you. Cookies are small text files that are stored on your computer permanently or temporarily when you visit this website. These cookies allow us to automatically recognise when you visit our website again that you have already been with us. These cookies are automatically deleted after a defined time. The data processed by cookies are for the purposes mentioned, in order to safeguard our legitimate interests as well as third parties (according to Art. 6 para. 1 sentence 1 DSGVO).

 

Most browsers accept cookies automatically; however, you can partially or entirely disable cookies in your browser settings at any time. If you do not want us to recognise information about your computer, please set your internet browser to delete cookies from your computer hard drive, block all cookies, or warn you before a cookie is stored. You can find out how to delete or block cookies in the Help & Support section of your internet browser. There you will find instructions for searching the file or directory where cookies are stored. Please note: in the case of complete deactivation of all cookies, it may mean that you cannot use all our website functionality.

 

5. EXTERNAL APPLICATIONS, PLUG-INS and LINKS AS INTEGRATIONS ON OUR WEBSITE

 

We use services from other providers on our website and mobile applications. For example, clicking an element from one of these third-party providers (e.g., the “Like” plug-in from LinkedIn), may automatically connect you to this third-party provider’s servers. Data relating to your visit to the website may then be transferred to the third-party provider and possibly be associated with the user account you have created with them. You can find out how these platforms collect and use data in their respective privacy policies, where you will also be given the option to adjust the settings to restrict the use of your personal data. We have no influence on the extent of data collected by the social networks via these links (buttons).

 

Liability for links

We may place links on our website to external services or organisations that we think may be of interest to you. We only provide links to pages that did not appear to contain any misleading or illegal content when the link was created. We have no control over the way these pages will be set up in future, however. We therefore cannot be held responsible for recommended pages that have been changed after the link was created. Liability for illegal, incorrect or incomplete content and, in particular, for any damage or loss suffered as a result of using this information lies solely with the provider of the page in question.

 

CRM and Eventbrite
These two tools are used in compliance with the existing data protection statement for invitations to events and for dissemination of further information. Eventbrite, Inc. is a Delaware corporation with its principal place of business at 535 Mission Street, 8th Floor, San Francisco, CA 94105, USA and is an event management and ticketing website. For further information, please visit:

www.eventbrite.com/support/articles/en_US/Troubleshooting/eventbrite-privacy-policy?lg=en_US

 

External Payment Providers

We use external payment service providers through whose platforms users can make effective and secure payment transactions, based on our legitimate interests in accordance with the Swiss Data Protection Ordinance and, if necessary, Art. 6 Para. 1 DSGVO. Providers may include:

• American Express (www.swisscard.ch/en/legal-conditions-and-information#data-protection)

• Bexio AG (www.bexio.com/de-CH/datenschutz)

• Mastercard (www.mastercard.ch/de-ch/datenschutz.html)

• PayPal (www.paypal.com/de/webapps/mpp/ua/privacy-full)

• Visa (www.visaeurope.ch/de_CH/legal/privacy-policy.html)

 

Google Analytics (Web Statistics Collection Tool)

Our website uses Google Analytics, a service provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). Google Analytics uses cookies to remember a website visitor’s behaviour and it shares these insights with us. This process is detailed on Google Analytics reference platform here: https://support.google.com/analytics/answer/6004245. In simple terms, Google Analytics mainly uses first-party cookies to generate reports on who visits our website and what visitors do once they get here. This allows us to measure and evaluate the use of the website (in such a way that it is not personally identifiable). You may refuse the use of cookies by selecting the appropriate settings on your browser. Please see section 4 in this Privacy Policy for further information on cookies.

 

Google Maps
Our website sometimes uses the Google Maps product of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). By using our website, you consent to the collection, processing and use of the automated data collected by Google Inc., its agents and third parties. Please visit https://www.google.com/intl/en_en/help/terms_maps/ for the terms of use of Google Maps.

 

Instagram
Some of our social networking sites such as Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) are integrated on our website. The Instagram plugin can be recognised by the "Instagram button" on our website. If you click on the Instagram button while logged in to the Instagram account, you can link the contents of our websites to your Instagram profile. This allows Instagram to associate the visit to our pages with your user account. We point out that as a provider of our website we do not receive any knowledge of the content of the transmitted data and their use by Instagram. For more information on the Instagram privacy policy, please visit www.instagram.com/about/legal/privacy.

 

LinkedIn

Some of our social networking sites such as LinkedIn (LinkedIn Corporation,1000 W. Maude Avenue, Sunnyvale, CA 94085, USA) are integrated on our website. The LinkedIn plugin can be recognised by the "LinkedIn button" on our website. If you click on the LinkedIn button while logged in to your LinkedIn account, you can link the contents of our website to your LinkedIn profile. This allows LinkedIn to associate the visit to our pages with your user account. We point out that as a provider of our website we do not receive any knowledge of the content of the transmitted data and their use by LinkedIn. For more information on the LinkedIn privacy policy, please visit www.linkedin.com/legal/privacy-policy.

 

Newsletter
When subscribing to our possibly offered newsletter, if, according to Art. 6 para. 1 p. 1 lit. a DSGVO you have explicitly consented, we will use your email address to send you, possibly, and indefinitely, our newsletter. You only need to provide your name, email address and consent to subscribe to our newsletter via the www.flourish.gmbh website. We will treat your newsletter data as strictly confidential and will not sell it to third parties. We may also use this information to tailor any follow up sales and marketing communications with you. Please do not forward your newsletter as this may provide a means of accessing your personal information. Deregistration is possible at any time, for example via a link at the end of a newsletter. Alternatively, you can send your unsubscribe request at any time by email to info@flourish.gmbh (preferably with the subject: "unsubscribe newsletter"). 

 

Newsletters are sent using the Wix Newsletter service (wix.com) as part of the platform's "email marketing" services, and is offered as an add-on within the website of Flourish GmbH (www.flourish.gmbh). The official company address for Wix (Wix.com Ltd.) is 40 Namal Tel Aviv Street, Tel Aviv, 6350671, Israel. However, Wix also has office locations in the United States, including Los Angeles, Miami Beach, and New York. The Wix.com Privacy Policy can be found here. Wix and its affiliates, including DeviantArt Inc., participates in, and has certified its compliance with, the E.U.-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List, here (https://www.dataprivacyframework.gov/s/).

 

Wix may collect, store and process certain Personal Information of "Users-of-Users" (“Users-of-Users Information”), solely on their Users’ behalf and at their direction. For example, each of the Wix Users is able to import their email contacts from third-party services like Gmail, or otherwise collect and manage contacts via their User Website. Such contacts are then stored with Wix, on the User’s behalf. For such purposes, Wix serves and shall be considered as a “Processor” and not as the “Controller” (as both such capitalized terms are defined in the European Union General Data Protection Regulation (“GDPR”)) of such Users-of-Users Information. ​The Processing of the Users-of-users’ Personal Information shall take place within the territory of the European Union, Israel or a third country, territory or one or more specified sectors within that third country of which the European Commission has decided that it ensures an adequate level of protection and such processing and transfer will be in accordance to the Data Processing Addendum – Users (“DPA"). Any transfer to and Processing in a third country outside the European Union that does not ensure an adequate level of protection according to the European Commission, shall be conducted under an approved transfer mechanism, as detailed in the DPA.

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6. DATA SECURITY AND CONFIDENTIALITY

 

We take all necessary technical and organisational security measures to store your personal data so that it is not accessible to third parties or the public. If you would like to contact us by email, we respectfully point out that the confidentiality of the transmitted information cannot be completely guaranteed via this communication method. We therefore recommend that you provide confidential information solely by telephone or by post. For email communication, we recommend the best possible encryption of your outbox via SSL technology. Please contact your email service provider for more information.

 

7. VALIDITY AND AMENDMENTS

 

This privacy policy is currently valid. Due to the further development of our website and offers, or due to changed legal or regulatory requirements, it may be necessary to change this privacy policy. We may amend this privacy policy at any time without giving notice. The current version published on our website prevails.

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8. GENERAL EXCLUSION OF LIABILITY

 

All information on this website has been checked carefully. We make every effort to ensure the information provided is up-to-date, correct and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, correctness and relevance of information. Liability claims arising from material or non-material damage caused by the use of the information provided are excluded, unless there is evidence of wilful intent or gross negligence.

 

The use or access to this website is at the visitor’s own risk. The publisher, its clients and/or partners are not responsible for damages, such as direct, indirect, accidental, pre-determined concrete or consequential damages, which are allegedly caused by visiting this website and therefore do not accept any liability.

 

The publisher also takes no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The content of linked sites is the sole responsibility of their operators. The publisher thus expressly distances itself from all third-party content that may be relevant under criminal or liability law or that is contrary to public decency.

 

9. COPYRIGHT

 

This website and its content is copyright © of Flourish GmbH. Any redistribution or reproduction of part or all the contents in any form (including but not limited to text, images, models, diagrams, files, research findings, theories) is prohibited. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. Anyone who commits a copyright infringement without the consent of the respective copyright holder may be liable to prosecution and, if necessary, to damages.

 

10. NAME AND CONTACT DETAILS OF THE CONTROLLER

 

We commit to helping all people concerned in connection with the handling of personal data and exercising their rights. For assistance, please contact Joanna Williams: info@flourish.gmbh.

 

THIS PRIVACY POLICY APPLIES TO DATA PROCESSING BY:

 

Flourish GmbH

Grendelstrasse 2

CH-6004 Lucerne

Switzerland

www.flourish.gmbh

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