Privacy Policy

1. Controller

The controller responsible for processing your personal data is:

You can contact us at this address with any questions about data protection and to exercise your rights.

2. Scope

This Privacy Policy applies to the processing of personal data in connection with our website unika-moments.ch, our orders and services, including Moment-Link, and communication with us by email, phone, messaging app or via social networks. Personal data is any information relating to an identified or identifiable natural person.

3. What data we process and for what purposes

3.1 Visiting our website

When you access our website, our hosting provider’s servers automatically process technical data transmitted by your browser: IP address, date and time, page or file accessed, previously visited page (referrer), browser and operating system, status code and amount of data transferred. We need this data to deliver the website and to ensure its stability and security, for example to fend off attacks. We do not use it to identify visitors or to create profiles. The logs are only kept for as long as is necessary for these purposes.

3.2 Studio, selection and project planner

Texts, drafts and designs that you enter in the studio or add to your selection are only stored locally in your browser (session storage) and are deleted when you close the tab. We do not receive this information. If you download your selection or a project brief, a file is created on your device; nothing is transmitted to us in the process.

3.3 Contacting us

If you contact us by email, phone, WhatsApp or via social networks, we process the information you provide to us, for example your name, contact details, the content of your message and attachments such as photos. We use this information to answer your enquiry and to handle any order. Please do not send us any sensitive personal data, for example health data, unless this is necessary.

If you use WhatsApp, its provider (Meta) also processes data about the communication, for example phone numbers and metadata, in accordance with its own privacy policy and in part in the USA. The content of messages is end-to-end encrypted. If you do not want this, please write to us by email.

3.4 Orders

For orders, we process:

• contact and address data: name, delivery and billing address, email address, phone number;
• order data: products, quantities, prices, order number, order and delivery date, selected shipping and payment method;
• personalisation data: texts, names, dates, photos, logos, recordings, previews and your approval;
• correspondence relating to the order.

We use this data to check, accept, produce, deliver and invoice your order, for customer service and warranty purposes, and to comply with legal obligations, in particular bookkeeping. Without this information, we cannot carry out your order.

3.5 Data relating to gift recipients and other persons

Personalisations often contain data relating to other persons, for example names, dates of birth, photos or voices of the gift recipient or of children. We use this data exclusively for your order. If you send us such data, please make sure that you are entitled to do so and that the persons concerned have, where appropriate, been informed about this Privacy Policy. If you have a gift sent directly to the recipient, we also process their name and address for shipping.

3.6 Moment-Link

For the Moment-Link, we store your recording (voice message, video or photo), the personal link, the activation date and its assignment to your order. When a Moment-Link is opened, our server processes technical data such as the IP address, time and browser in order to deliver the recording and prevent misuse. We do not create profiles of the persons who access a recording. Recordings are not publicly listed and are not indexed by search engines; however, anyone who has the link can access them (see Terms and Conditions, section 12).

3.7 Payments

If you pay online, Wallee Group AG, Neuwiesenstrasse 15, 8400 Winterthur, together with its group companies, handles the payment, whether by TWINT, credit or debit card, Apple Pay, Google Pay or PostFinance Pay. For this purpose, wallee and the payment networks involved, such as TWINT, Visa, Mastercard and PostFinance, process your payment data, check payments automatically for fraud and, in doing so, act partly on their own responsibility in accordance with their own privacy policies. We only receive the information we need to process the payment, for example name, amount, date, payment method, transaction number and the last digits of the card, but never the full card details.

3.8 Shipping

For delivery, we pass on the name and delivery address and, if necessary for delivery notifications, the email address or phone number to Swiss Post Ltd or another carrier. The carrier processes the data for delivery and for its own services in accordance with its own privacy policy.

3.9 Business customers

For enquiries, quotations and orders from companies and associations, we process the contact details of the contact persons, for example name, position, business email address and phone number, as well as the correspondence.

3.10 Newsletter and advertising

We do not currently send a newsletter. We only send advertising by email or messaging app with your consent or, if you have bought from us, for similar products of our own; every such message contains an easy way to unsubscribe (Art. 3 para. 1 let. o UCA). You can object to the use of your data for advertising at any time.

3.11 Social networks

Our website does not contain any social network plugins. If you visit our profiles, for example on Instagram or Facebook, or write to us there, the operators, such as Meta Platforms Ireland Ltd., process your data in accordance with their own privacy policies. In this context, we receive the information you provide to us as well as aggregated statistics that do not identify individuals.

4. Cookies and local storage

We do not use tracking, analytics or advertising cookies and do not embed any third-party services that track you when you visit the website, such as Google Analytics, Meta Pixel, YouTube or Google Maps. We load our fonts from our own server. We explain what we store locally in your browser under Cookies and local storage.

5. Recipients and processors

We only pass on personal data to the extent necessary for the purposes stated. We contractually oblige service providers that process data on our behalf (processors) to process the data only in accordance with our instructions and to protect it appropriately.

We do not sell personal data or pass it on to third parties for advertising purposes.

6. Disclosure abroad

We process personal data primarily in Switzerland and in the European Economic Area (EEA), whose states, as determined by the Federal Council, ensure adequate data protection. Individual service providers may also process data in the USA or in other countries:

• Meta (WhatsApp), if you write to us via WhatsApp
• wallee for payments, with systems in Switzerland and the EU (some subcontractors, for example for protection against attacks, also in the USA)

For companies certified under the Swiss-U.S. Data Privacy Framework, the Federal Council has determined that adequate protection exists. Otherwise, we rely on standard contractual clauses recognised by the FDPIC (Art. 16 para. 2 let. d FADP) or, where permitted, on the exceptions under Art. 17 FADP, for example if the disclosure is necessary for the performance of your contract.

7. Retention and deletion

We only keep personal data for as long as is necessary for the purpose concerned or as required by law:

We only keep data for longer for as long as claims can be asserted or proceedings are pending.

8. Data security

We protect personal data with appropriate technical and organisational measures, in particular encrypted transmission (HTTPS), access restricted to authorised persons, secure passwords and, where possible, two-factor authentication, regular updates and backups. Absolute protection is not possible when data is transmitted over the internet; unencrypted emails can be viewed by third parties.

9. No automated individual decisions

We ourselves do not make any decisions based solely on automated processing and do not carry out any profiling. Payment service providers may check payments automatically to combat fraud (section 3.7).

10. Your rights

Under the FADP, you have the following rights in particular:

• information about your personal data that we process (Art. 25 FADP);
• delivery or transfer of your data in a commonly used electronic format, insofar as you have disclosed it to us yourself (Art. 28 FADP);
• correction of inaccurate data;
• deletion of your data, insofar as no statutory retention obligation or overriding interests prevent this;
• objection to certain processing, in particular for advertising;
• withdrawal of consent with effect for the future.

Please send your request to [Email address · to be completed]. We may ask for proof of identity. We usually respond within 30 days and, in principle, free of charge. You can also lodge a complaint with the Federal Data Protection and Information Commissioner (FDPIC), Feldeggweg 1, 3003 Bern, www.edoeb.admin.ch.

11. Children

Our offering is aimed at adults. Minors may only place orders with the consent of their legal representative. We only process children’s data if parents or other authorised persons send it to us for personalisation (section 3.5).

12. Persons in the EEA

Our offering is aimed at persons in Switzerland. Where the EU General Data Protection Regulation (GDPR) applies in individual cases, we base the processing on the performance of a contract or pre-contractual measures (Art. 6(1)(b) GDPR), on legal obligations (Art. 6(1)(c) GDPR), on our legitimate interests in operating the website securely, in efficient handling and in protecting our rights (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR). You have the rights under Art. 15 to 21 GDPR and can lodge a complaint with a supervisory authority in your country.

13. Changes

We will adapt this Privacy Policy if our data processing or the legal requirements change. The version currently published on our website applies.