Privacy Policy

I. General Notes

We (hereinafter "Electi AG") take protecting personal data very seriously. We treat personal data confidentially, in accordance with the statutory data protection regulations, and based on this Privacy Policy. The legal basis can be found in particular in the General Data Protection Regulation (GDPR).

When you use this website or app, or if you operate as a distribution partner of Electi AG, various personal data is processed. Personal data is information that relates to an identified or identifiable natural person (hereinafter "data subject"); an identifiable natural person is one who can be identified directly or indirectly (e.g., by means of an association with an online identifier). This includes information such as the name, address, telephone number, and date of birth.

This Privacy Policy informs you in accordance with Art. 12 et seqq. GDPR about the handling of your personal data when using our website or operating as a distribution partner. This Privacy Policy explains in particular which data we collect and what we use it for. In addition, it provides information about how and for which purpose this is done.

II. Controller; data protection representative; data protection officer

Controller means a natural or legal person which, alone or jointly with others, determines the purposes and means of the processing of personal data (e.g. names, email addresses, etc.). The controller within the meaning of the GDPR and the applicable national data protection laws as well as other data protection regulations is:

Electi AG
Rütistrasse 55
9050 Appenzell
Switzerland
The data protection representative in the EU is:
Electi Ltd.
Level 1, Casal Naxaro
Labour Avenue
Naxxar NXR 9021
Malta
The data protection officer is:
Maximilian van de Sand
Mahlastrasse 6
76829 Landau in der Pfalz
Germany

III. Purposes and legal bases of data processing

1. Accessing and visiting our website - server log files

To technically provide the website, we must process data automatically transmitted by your browser to allow the display of our website in your browser and to permit your use of the website. This data is automatically collected each time our website is accessed and automatically stored in so-called server log files. This data includes:

  • Browser type and browser version
  • Operating system used/li>
  • Website from which our site is accessed (referrer URL)
  • Host name of accessing computer
  • Date and time of access
  • IP address of accessing computer

The retention of the above-mentioned access data is necessary for the provision of a functional website and to ensure system security for technical reasons. This also applies to the retention of your IP address, which necessarily takes place and, under further conditions, can at least theoretically be allocated to your person. In addition to the above-mentioned purposes, we use server log files solely for the purpose of tailoring the design and optimization of our website purely for statistical purposes and without any reference to your person. This data will not be merged with other data sources, nor will the data be evaluated for marketing purposes.

The access data collected in the course of using our website is only stored for the time that is required to achieve the above purposes. Your IP address is stored on our web server for a maximum of 7 days for IT security purposes.

Insofar as you visit our website in order to obtain information about our range of products and services or to use them, the basis for the temporary retention and processing of access data is Art. 6 para. 1 sentence 1 lit. b GDPR (legal basis), which permits the processing of data for the performance of a contract or the implementation of pre-contractual measures. In addition, Art. 6 para. 1 sentence 1 lit. f GDPR serves as the legal basis for the temporary retention of technical access data. Our legitimate interest in this respect is to be able to provide you with a technically functioning and user-friendly website and to ensure the security of our systems.

1a. Use of our App

Before you can install our app, you may have to conclude a usage agreement with an app store operator (e.g. Google, Apple) for access to its portal (e.g. Google Play Store, App Store). The app store operator collects and processes data in connection with the use of the app store, such as username, email address and individual device identification number as the responsible party. We are not party to the usage agreement with the app store operator and have no influence on its data processing. In this respect, the privacy policy of the respective app store operator applies.

In order to use the app, you must register. With the express registration by the user, the following data may be collected (insofar as these are entered by the user himself):

  • Gender,
  • Vorname, Nachname,
  • Geburtsdatum,
  • E-Mail-Adresse,
  • Anschrift,
  • Telefonnummer

The personal data you provide during registration will be collected and processed by us for the purpose of establishing the contract for the use of our app, for the performance and execution of the contract. The legal basis for the aforementioned data processing is Art. 6 para. 1 p. 1 lit. b DSGVO.

You can voluntarily add further data to your profile after registration, in particular you can upload your contact list and use it for your own purposes.

2. Use of cookies and related functions/technologies

In some cases, we use so-called cookies on our website. Cookies do not harm your computer and do not contain viruses. Cookies enable us to make our offer more user-friendly, effective and secure, and to enable the provision of certain functions. Cookies are small text files that are stored on your computer and saved by your browser. A cookie contains a characteristic string of characters that allows your browser to be uniquely identified when you return to the website.

Most of the cookies we use are so-called "session cookies". They are automatically deleted when you leave the website or end your browser session (so-called transient cookies). Other cookies remain stored on your terminal device for a specified time or until you delete them (socalled persistent cookies). These cookies help us identify your browser on your next visit. Upon written inquiry, we are happy to provide further information on the functional cookies used. Please contact us at the contact details provided above

You may configure your browser in such a way that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when closing the browser. You may obtain instructions on how to disable cookies by using the "Help" function of your Internet browser. When cookies are disabled, the functionality and/or full availability of this website may be limited. For further cookie-specific setting and deactivation options, please also see the individual explanations below on specific cookies and associated functions/technologies used when visiting our website.

Some of the cookies we use on our website are third-party cookies that help us analyze the effect of our website content and visitors' interests, measure the service and performance of our website, or serve customized advertising and other content on our website or other websites. As part of our website, we use both first-party cookies (only visible from the domain you are visiting) and third-party cookies (visible across domains and regularly set by third parties).

Cookie-based data processing is based on your consent pursuant to Art. 6 para. 1 sentence 1 lit. a GDPR (legal basis) or based on Art. 6 para. 1 sentence 1 lit. f GDPR (legal basis) to protect our legitimate interests. Our legitimate interests in this respect are, in particular, to be able to provide you with a technically optimized website that is user-friendly and tailored to your needs, as well as to ensure the security of our systems. You can withdraw the consent you have given us at any time, e.g. by deactivating the cookie-based tools/plugins listed in detail in the following overview. Moreover, you can object to processing based on legitimate interests by making the appropriate settings.

Specifically, the following cookie-based tools/plugins are used on this website:

Use of Google Analytics

We use the Google Analytics web analytics service provided by Google Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google") on our website. The data processing serves the purpose of analyzing this website and its visitors, as well as marketing and advertising purposes. On behalf of the operator of this website, Google will use the information obtained to evaluate your use of the website, to compile reports on website activities, and to provide the website operator with further services related to website and internet use. In this context, the following information may, inter alia, be collected: IP address, date and time of page view, click path, information about the browser you are using and the device you are using, pages visited, referrer URL (website from which you accessed our website), location data, purchase activity. The IP address transmitted in the context of Google Analytics by your browser is not merged with other data provided by Google. Google Analytics uses technologies such as cookies, web storage in the browser and tracking pixels, which enable an analysis of your use of the website. The data generated this way about your use of this website is usually transmitted to a Google server in the US and stored there. There is no EU Commission adequacy decision for the US. The data transfer is carried out, inter alia, on the basis of standard contractual clauses as appropriate guarantees for the protection of personal data, viewable at: https://policies.google.com/privacy/frameworks and https://business.safety.google/adsprocessorterms/. Both Google and U.S. government agencies have access to your data. Your information may be linked by Google to other information, such as your search history, your personal accounts, your usage data from other devices, and any other information Google may have about you. IP anonymization function is activated on this website. This means that your IP address is shortened beforehand by Google within European Union Member States or in other states that are party to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the US and shortened there. The use of cookies or comparable technologies takes place with your consent on the basis of Section 25 para. 1 sentence 1 of the Telecommunications Telemedia Data Protection Act (TTDSG) in conjunction with Art. 6 para. 1 lit. a GDPR. The processing of your personal data is carried out with your consent on the basis of Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time without the withdrawal of the consent affecting the lawfulness of the processing that was based on your consent before its withdrawal. For more information on terms of use and data privacy, please visit https://www.google.com/analytics/terms/de.html or https://www.google.de/intl/de/policies/ and https://policies.google.com/technologies/cookies?hl=de.

3. Conclusion of contract, registration and how to contact us

We collect personal data when you provide it to us as part of your order or when opening a customer account. Mandatory fields are marked as such, because in these cases we need the data to process the contract, or to process your contact or opening of the customer account and you can not complete the order and / or the account opening without their information. The following list shows which data is collected:

  1. name,
  2. address,
  3. telephone number,
  4. email address,
  5. possibly a different delivery address,
  6. possibly an existing VAT ID number
  7. payment data.

We use this data exclusively for the purpose of executing the contract and the necessary communication with you. This includes the initiation, conclusion, processing, warranty and, if necessary, the reversal of the purchase contract. The data will be stored by us until the complete execution of the purchase contract. Insofar as commercial and tax retention periods exist, the duration of storage may be up to 10 years.

The recording and processing is carried out within the framework of the concluded contract between you and us pursuant to Art. 6 para. 1 p. 1 lit. b DSGVO. The legal basis for the further storage for tax and commercial law reasons is the necessity according to the law pursuant to Art. 6 para. 1 p. 1 lit. c DSGVO.

If you contact us via a contact option provided within this Privacy Policy or in the imprint or via our contact form, your information as well as the contact data provided by you (e.g. name, email address) will be stored by us for the purpose of processing the request and in case of follow-up questions. We do not share this data with third parties.

We will delete your request(s) and your contact information if your request has been finally answered. In principle, your data will be stored for 6 months and deleted after this period, unless you send us follow-up requests, or we need to process the data for other purposes.

This data processing is based on Art. 6 para. 1 sentence 1 lit. a GDPR in connection with the consent given by you.

4. Operation as a distribution partner

For the conclusion and performance of a distribution partner contract, we process the following personal data:

Personal data:

  • Company name, if applicable
  • First name
  • Last name
  • Complete address
  • Date of birth

Contact data:

  • Phone number(s) landline
  • Mobile phone number(s)
  • Fax number
  • Email address(es
  • Website

Necessary data for potential commission payments:

  • Reference to sales tax entitlement ("sales tax-entitled" or "small entrepreneur")
  • Sales tax ID number
  • IBAN
  • BIC
  • Account holder
  • Bank name
  • Credit card details
  • If applicable, additional mandatory information related to potential commission payments

Additional data relating to the operation as a distribution partner:

  • Distribution partner number assigned by Electi AG
  • Start date of operation as a distribution partner at Electi AG
  • Achieved and subsequent rank according to the achievable career levels in the Electi AG compensation plan
  • If applicable, complete shipping address if different from the address
  • If applicable, additional mandatory information related to the operation as a distribution partne
  • Sponsor allocation
  • Recommendation allocation
  • Position within the distribution partner structure of Electi AG
  • Information about placed contracts/orders
  • Revenue and sales statistics

If the distribution partner wants to obtain a senior management position within the Electi AG team or become a sponsor or leader, his/her name and contact information will be published and shared within the team.

The data of the distribution partner will also be forwarded to the respective organization manager (senior manager) so that he/she can view the data of the entire structure (downline)

This data processing is necessary for the conclusion and performance of the distribution partner contract, in particular for processing of the commission payments and for implementation of the distribution structure. The legal basis for processing such data is Art. 6 para. 1 sentence 1 lit. b GDPR.

For public relations purposes, Electi AG will process photos and video recordings of the distribution partners indicating the name on its website, its official social media presence, and also in selected online or print advertising materials.

The legal basis for this data processing is Art. 6 para. 1 sentence 1 lit. f GDPR.

5. Other processing purposes

Compliance with legal provisions: We also process your personal data to comply with other legal obligations we may have in connection with our business. This includes, in particular, retention periods under commercial, trade, or tax law. In so doing, we process your personal data in accordance with Art. 6 para. 1 sentence 1 lit. c GDPR (legal basis) to comply with a legal obligation to which we are subject.

Legal enforcement: We also process your personal data in order to be able assert our rights and enforce our legal claims. We also process your personal data in order to be able to defend ourselves against legal claims. Lastly, we process your personal data as far as this is necessary for the prevention or prosecution of criminal offenses. We process your personal data in this context to protect our legitimate interests pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR (legal basis), insofar as we assert legal claims or defend ourselves in legal disputes, or we prevent or investigate criminal offenses (legitimate interest).

Consent: If you have provided your consent for the processing of personal data for certain purposes (e.g., sending information material and offers), the lawfulness of this processing is based on your consent. Consent given can be withdrawn at any time. This also applies to the withdrawal of declarations of consent that were provided to us prior to the application of the GDPR, i.e., prior to May 25, 2018. Please note that the withdrawal will only take effect in the future and that processing up to that time will not be affected.

IV. Recipients of data

Within the Electi AG company, your data will be accessed by persons who require this data in order to fulfill our contractual and legal obligations. Service providers and vicarious agents (e.g., partners, technical service providers, shippers, disposal companies) employed by us may also receive data for these purposes. We limit the transfer of your personal data to what is necessary, taking into account the requirements of data protection law. In some cases, the recipients of your personal data are processors, and the scope of processing when handling your personal data is then strictly limited by our instructions. In some cases, the recipients act independently subject to their own data protection responsibilities and they are also obligated to comply with the requirements of the GDPR and other data protection regulations

We may also transfer personal data to our consultants in legal or tax matters, whereby these recipients are obligated to maintain special confidentiality and secrecy due to their professional status.

V. Data transfer to third countries

We may transfer your IP address to third countries when using the above-mentioned tools, e.g., Google (cf. above). The data transfer is based in each case on your express consent. Aside from that, we do not transfer your personal data to countries outside the EU or the EEA or to international organizations, unless expressly stated otherwise in this Privacy Policy.

VI. Duration of data storage

We initially process and store your personal data for the duration for which the respective purpose of use requires corresponding storage (cf. above for individual processing purposes). This may also include the periods during which a contract is initiated (pre-contractual legal relationship) and during which a contract is processed. On this basis, personal data is regularly deleted as part of the fulfillment of our contractual and/or legal obligations, unless its temporary further processing is necessary for the following purposes:

  • Fulfillment of legal retention obligations
  • Preservation of evidence in compliance with the statute of limitations

VII. Data security

Personal data is protected by us by means of suitable technical and organizational measures in order to ensure an appropriate level of protection and to safeguard the personal rights of the persons concerned. The measures taken are used, inter alia, to prevent unauthorized access to the technical equipment used by us and to protect personal data from unauthorized knowledge of it by third parties. In particular, this website uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as your contact requests that you send to us as the site operator. You will be able to recognize an encrypted connection when the address line of the browser changes from "http://" to "https://" and by the lock symbol in the address line of your browser. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties. Nevertheless, we would like to point out that data transmission on the internet (e.g. when communicating by email) may be vulnerable to security gaps. Complete protection of data against access by third parties is therefore not possible.

VIII. Your rights as a data subject

You have the following rights as a data subject under the statutory requirements:

Right of access: You are entitled to request confirmation from us at any time within the framework of Art. 15 GDPR as to whether we are processing personal data relating to you; if this is the case, you are also entitled within the framework of Art. 15 GDPR to receive information about this personal data and certain other information (including the purposes of the processing, categories of personal data, categories of recipients, planned retention period, the origin of the data, the use of automated decision-making and, in the case of third country transfers, the appropriate safeguards) and a copy of your data.

Right to rectification: Art. 16 GDPR gives you the right to demand that we rectify the personal data stored about you if it is inaccurate or incorrect.

Right to erasure: You are entitled to demand that we erase personal data concerning you without delay subject to the conditions of Art. 17 GDPR. The right to erasure does, inter alia, not apply if the processing of personal data is necessary, for example, to comply with legal obligations (e.g., statutory retention obligations) or to assert, exercise, or defend legal claims.

Right to restriction of processing: You are entitled to demand that we restrict the processing of your personal data subject to the conditions of Art. 18 GDPR.

Right to data portability: You are entitled, subject to the conditions of Art. 20 GDPR, to request that we provide you with the personal data relevant to you that you provided to us in a structured, common, and machine-readable format.

Right to withdraw: You may withdraw your consent to our processing of personal data at any time. This also applies to the withdrawal of declarations of consent that were provided to us prior to the application of the GDPR, i.e., prior to May 25, 2018. Please note that the withdrawal will only take effect in the future. Processing that took place prior to such withdrawal is not affected. In order to declare your withdrawal, it is sufficient to send us an informal message, e.g. by email.

Right to object: You have the right to object to the processing of your personal data subject to the conditions of Art. 21 GDPR, requiring us to stop processing your personal data. The right to object applies only within the limits provided for in Art. 21 GDPR. In addition, our interests may conflict with the discontinuation of processing, so that we are entitled to process your personal data despite your objection. We will consider an objection to any direct marketing measures immediately and without weighing the existing interests again.

Information about your right to object according to Art. 21 GDPR

You have the right to object at any time to the processing of your data that is performed based on Art. 6 para. 1 sentence 1 lit. f GDPR (data processing based on a weighing of interests) or Art. 6 para. 1 sentence 1 lit. e GDPR (data processing in the public interest) if there are grounds for doing so that arise from your particular situation.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing serves to assert, exercise, or defend legal claims.

Your objection may be provided informally and should preferably be addressed to:

Electi AG
Rütistrasse 55
9050 Appenzell
Switzerland
info@electi.club

Right to lodge a complaint with a supervisory authority: Subject to the requirements of Art. 77 GDPR, you have a right to lodge a complaint with a competent supervisory authority. In particular, you can address a complaint to a supervisory authority.

You can find a list of the German data protection supervisory authorities and their contact details at: https://www.bfdi.bund.de/DE/Service/Anschriften/anschriften_table.html

You will find the contact details of the Austrian Data Protection Supervisory Authority at: https://www.dsb.gv.at/

You will find the contact details of the Data Protection and Information Commissioner of the Swiss Confederation at: https://www.edoeb.admin.ch/edoeb/de/home.html

Other concerns: Please feel free to contact our data protection officer if you have any further privacy questions and concerns. Inquiries in this regard, as well as the exercise of your foregoing rights, should be sent, if possible, in writing to our address indicated above or by email to info@electi.club.

IX. Obligation to provide data

In principle, you are not obligated to provide us with your personal data. However, if you do not do so, we will not be able to provide you with unrestricted access to our website or answer your inquiries to us. Personal data that we do not absolutely require for the above-mentioned processing purposes is marked accordingly as voluntary information.

X. Automated decision-making/profiling

We do not use automated decision-making or profiling (an automated analysis of your personal circumstances).

XI. Up-to-dateness and changes to this Privacy Policy

  1. This Privacy Policy is currently valid and has the status of May 02, 2023.
  2. Due to the further development of our website and offers on it or due to changed legal or regulatory requirements, it may become necessary to change this Privacy Policy.