Privacy Policy

In this Privacy Policy, we, KAZAAR LLC ("Kazaar"), inform you how and why we collect and process your personal data. This statement is not an exhaustive description. If necessary, we will inform you about further data processing, e.g. in terms and conditions, forms or other notices.

This Privacy Policy is designed to meet the requirements of the Swiss Data Protection Act ("DPA") and the EU General Data Protection("GDPR"). Whether and to what extent these laws apply to the processing of your personal data depends on the individual case.

1. Identity and Contact Details of the Controller / Representative in the EU

KAZAAR LLC, 254 Chapman Rd, Ste 208 #15427 Newark, Delaware 19702 US is responsible for the processing of your personal data as described in this privacy policy.

You can send us all data protection-related questions and concerns to the following address: info@kazaarfragrances.com

2. Collection and Processing of Personal Data

2.1 Definition of Personal Data

The term "personal data" refers to all information relating to an identified or identifiable natural person ("data subject").

2.2 Direct Survey of Data Subjects

We primarily process personal data that we receive in the course of initiating, reviewing or conducting the business relationship with you (e.g. ordering in our online store, registering to receive newsletters or creating a user profile on our website) or your employer or other persons who represent you, or that we collect from you as a visitor to our website and, if applicable, apps and other applications (sections 2.3 and 4). This is information that we need to pursue the purposes set out in section 3 (e.g. name, contact address, telephone number, date of birth, gender, payment information, information about your inquiries, orders and purchases, information about your interests and preferences, information about your reviews, feedback or complaints, login data, etc.).

The provision of personal data is generally voluntary, i.e. you are not obliged to disclose it. However, we must collect and process the data that is necessary or legally required for the verification and processing of a contractual relationship and for the fulfillment of associated obligations (e.g. information about your identity, address, means of payment and order). Otherwise we will not be able to provide our services.

If you provide us with the personal data of other persons (e.g. family members, work colleagues, etc.), please ensure that these persons are aware of this privacy policy and only share their data with us if you are permitted to do so and the data is correct.

2.3 Indirect Collection from Third Parties

Insofar as we are permitted to do so, we obtain certain personal data from publicly accessible sources (e.g. debt collection register, commercial register, press, internet) or we receive such information from authorities or other third parties (e.g. credit agencies).

Apart from the personal data that you disclose to us directly (see section 2.2), the categories of personal data that we receive about you from third parties include, in particular, the following information

• from public registers (e.g. information from the commercial or debt collection register to clarify your power of representation or creditworthiness);
• from credit agencies (e.g. information to check your creditworthiness);
• from Swiss Post and address traders (e.g. to correct your address);
• in connection with your professional role and activity (e.g. to conclude and fulfill contracts with your employer);
• from correspondence and discussions with third parties if we personally check, conclude or conduct a business relationship with you;
• provided by persons associated with you (e.g. family members, consultants, representatives, etc.) for the purpose of reviewing, concluding or executing contracts with you (e.g. references, powers of attorney);
• from information offices for compliance with legal requirements (e.g. for compliance with anti-fraud, anti-money laundering, anti-terrorism and export restrictions);
• from banks, insurance companies and sales and other contractual partners of ours for the purpose of you using or providing services (e.g. payments, purchases, etc.);
• from the media and internet about your person (insofar as this is appropriate in the specific case, e.g. in the context of an application, marketing/sales, press review, etc.);
• from providers of internet analysis services (e.g. in the context of the use of Google Analytics and other marketing agencies and tools to find out about your interests and preferences);
• from authorities, parties and other third parties (e.g. in connection with any administrative or legal proceedings).

We would like to point out that our web server automatically logs every visit to our website in a temporary log file. User-specific data (e.g. information about your browser and your IP address) as well as technical data (e.g. name and URL of the referring website) are logged for the purpose of establishing a connection and optimizing the website visit, for which so-called "cookies" can be used (see section 5).

3. Data Processing

3.1 Purposes of Data Processing

We process your personal data primarily for the conclusion and fulfillment of contracts with our customers and business partners, in particular in connection with the operation of our web store and the purchase of products and services from our suppliers and other business partners (e.g. influencers and other advertising partners). Your personal data is then processed to fulfill legal and regulatory obligations in Switzerland and abroad.

In addition, we also process personal data of you and other persons for the following purposes, to the extent permitted and deemed appropriate by us, in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose:

• Communication (e.g. answering your inquiries, communication in the context of customer service and customer care as well as in connection with product recalls, information about order status, communication in connection with your user account and other purposes such as contract processing and marketing);
• Offer, improve and further develop our offers, services and websites, apps and other platforms on which we are present (e.g. by evaluating your orders and/or product reviews and other feedback);
• Review and optimization of needs assessment procedures for direct customer contact and the procurement of personal data from publicly accessible sources for customer acquisition;
• Marketing, unless you have objected to the use of your data for this purpose. If you belong to our customer base and receive our advertising, you can object to this at any time by sending an e-mail to the address given in Section 1;
• Compilation of statistics, market and opinion research;
• Assertion of legal claims and defense in connection with legal disputes and official proceedings;
• Prevention and investigation of criminal offenses and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
• Ensuring the functionality and security of our operations, in particular IT, our websites, any apps and other platforms;
• Video surveillance to safeguard domiciliary rights and other measures for IT, building and facility security and to protect our employees, customers and other persons as well as assets belonging to us or entrusted to us (e.g. visitor lists, access controls, network and mail scanners, telephone recordings);
• Purchase and sale of business divisions, companies or parts of companies and other transactions under company law and the associated transfer of personal data as well as measures for the business management of Kazaar.

3.2 Legal Basis for Data Processing

Depending on the purpose of the data processing, our processing of personal data is based on different legal bases. In particular, we may process your personal data if the processing is necessary for the following reasons:

• necessary for the fulfillment of a contract (e.g. purchase contract) or for pre-contractual measures (e.g. the examination of an application to conclude a contract) (Article 6(1)(b) GDPR);
• that is necessary for the purposes of our legitimate interests, e.g. if the data processing in question is central to our business activities (Article 6(1)(f) GDPR);
• is based on your consent (Article 6(1)(a) GDPR). If we base data processing on your consent, you can withdraw it at any time free of charge by contacting us at info@kazaarfragrances.com;
• is necessary for compliance with domestic or foreign legal provisions (Article 6(1)(c) GDPR).

We (and sometimes also third parties) have a legitimate interest in particular in the processing for the purposes described in Section 3.1 and in the disclosure of data in accordance with Section 5.

• to supply products and services to third parties (e.g. to a person receiving a gift);
• in customer service, maintaining contacts and communicating with customers outside of an existing contractual relationship;
• in advertising and marketing activities (e.g. sending personalized newsletters and other direct marketing measures);
• get to know our customers and other people better;
• to improve our products and services and develop new ones;
• in the fight against fraud and the prevention and investigation of criminal offenses (especially in connection with our online store);
• the protection of data, secrets and assets that belong to us or have been entrusted to us;
• in ensuring IT security, in particular in connection with the use of our websites, apps and other applications;
• in ensuring and organizing our business operations, including the operation and further development of our websites, apps and other applications;
• in the management and development of our company;
• in the sale or purchase of (parts of) companies and other assets;
• in the enforcement or defense of legal claims in proceedings before domestic and foreign courts and authorities;
• compliance with Swiss and foreign law as well as internal rules.

4. Cookies in Relation to the Use of our Website and Social Media

4.1 Online Tracking and Online Advertising Techniques

We use various technologies on our website with which we and third parties engaged by us can recognize you when you use our website and, under certain circumstances, track you over several visits. We will inform you about this in this section.

In essence, we want to be able to distinguish between access by you (via your system) and access by other users so that we can ensure the functionality of the website and carry out evaluations and personalization. We do not want to draw conclusions about your identity, even if we can, insofar as we or third parties engaged by us can identify you by combining this with registration data. Even without registration data, however, the technologies used are designed in such a way that you are recognized as an individual visitor each time you visit the website, for example by our server (or the servers of third parties) assigning you or your browser a specific identification number (so-called "cookie").

• Necessary cookies: Some cookies are necessary for the functioning of the website as such or certain functions (e.g. shopping cart in the online store). They ensure, for example, that you can switch between pages without losing information entered in a form (e.g. for orders). They also ensure that you remain logged in to the login area. These cookies are only temporary ("session cookies"). If you block them, the website or parts of it may not work. Other cookies are necessary so that the server can store decisions or entries made by you beyond a session (i.e. a visit to the website) if you use this function (e.g. language settings, consent, automatic log-in, etc.). These cookies have an expiry date of up to 36 months.
• Performance cookies: In order to optimize our website and corresponding offers and to better tailor them to the needs of users, we use cookies to record and analyze the use of our website, possibly even beyond one session (i.e. one visit to the website). We do this through the use of third-party analytics services. We have listed these below. Performance cookies also have an expiry date of up to 36 months. Details can be found on the websites of the third-party providers.
• Marketing cookies: We and our advertising contract partners have an interest in targeting advertising precisely, i.e. only displaying it to those we want to address. We have listed our advertising contract partners below. For this purpose, we and our advertising contract partners - if you consent - also use cookies with which the content accessed or contracts concluded can be recorded. This enables us and our advertising contract partners to display advertising that we can assume is of interest to you on our website, but also on other websites that display advertising from us or our advertising contract partners. Depending on the situation, these cookies have an expiry date of a few days up to 36 months. If you consent to the use of these cookies, you will be shown corresponding advertising. If you do not consent to these cookies, you will not see less advertising, but simply any other advertising.

In addition to marketing cookies, we use other techniques to control online advertising on other websites and thereby reduce wastage. For example, we may transmit the email addresses of our users, customers and other persons to whom we wish to display advertising to operators of advertising platforms (e.g. social media). If these people are registered there with the same email address (which the advertising platforms determine by means of a comparison), the operators will display the advertising we have placed to these people in a targeted manner. The operators do not receive personal email addresses of people who are not already known. In the case of known e-mail addresses, however, they learn that these people are in contact with us and what content they have accessed.

We may also integrate other third-party offers on our website, in particular from social media providers. These offers are deactivated by default. As soon as you activate them (e.g. by clicking a button), the relevant providers can determine that you are on our website. If you have an account with the social media provider, they can assign this information to you and thus track your use of online services. These social media providers process this data on their own responsibility.

We currently use offers from the following service providers and advertising contract partners (insofar as they use data from you or cookies set by you for advertising purposes):

• Google Analytics: Google Ireland (based in Ireland) is the provider of the "Google Analytics" service and acts as our Google Ireland relies on Google LLC (based in the USA) as its processor (both "Google"). Google uses performance cookies (see above) to track the behavior of visitors to our website (duration, frequency of pages accessed, geographical origin of access, etc.) and compiles reports for us on the use of our website on this basis. We have configured the service so that the IP addresses of visitors are truncated by Google in Europe before being forwarded to the USA and therefore cannot be traced. We have switched off the "Data sharing" and "Signals" settings. Although we can assume that the information we share with Google is not personal data for Google, it is possible that Google can use this data for its own purposes to draw conclusions about the identity of visitors, create personal profiles and link this data to the Google accounts of these persons. If you agree to the use of Google Analytics, you explicitly consent to such processing, which also includes the transfer of personal data (in particular usage data for the website and app, device information and individual IDs) to the USA and other countries. You can find information on Google Analytics data protection here https://support.google.com/analytics/answer/6004245 and if you have a Google account, you can find further information on processing by Google here https://policies.google.com/technologies/partner-sites?hl=de

4.2 What Data do we Process on our Pages in Social Networks?

We may operate pages and other online presences ("fan pages", "channels", "profiles", etc.) on social networks and other platforms operated by third parties and collect the data about you described in Section 3 and below. We receive this data from you and the platforms when you come into contact with us via our online presence (e.g. when you communicate with us, comment on our content or visit our presence). At the same time, the platforms evaluate your use of our online presence and link this data with other data about you known to the platforms (e.g. about your behavior and preferences). They also process this data for their own purposes under their own responsibility, in particular for marketing and market research purposes (e.g. to personalize advertising) and to control their platforms (e.g. what content they show you).

• Facebook: Here we operate the page facebook.com/kazaarpefumes/. The controller for the operation of the platform for users from Europe is Facebook Ireland Ltd, Dublin, Ireland. Their privacy policy is available at www.facebook.com/policy. Some of your data will be transferred to the USA. You can object to advertising here: www.facebook.com/settings?tab=ads. We are jointly responsible with Facebook Ireland Ltd, Dublin, Ireland, for the data that is collected and processed when you visit our site for the creation of "Page Insights". As part of Page Insights, statistics are compiled about what visitors do on our page (comment on posts, forward content, etc.). This is described at www.facebook.com/legal/terms/information_about_page_insights_data. It helps us to understand how our site is used and how we can improve it. We only receive anonymous, aggregated data. We have regulated our responsibilities regarding data protection in accordance with the information on www.facebook.com/legal/terms/page_controller_addendum.
• Instagram: Here we operate the page instragram.com/kazaarfragrances/. The provider is Meta Platforms Ireland Ltd, which belongs to the Meta Group (Facebook). Their privacy policy is available at https://privacycenter.instagram.com/policy. Some of your data will be transferred to the USA. You can object to advertising here: https://www.facebook.com/help/contact/1994830130782319. In connection with the operation of our Instagram profile, we use the Instagram Insights function to obtain statistical evaluations of the users of our posts. You can find information about Instagram Insights in the privacy policy and at https://help.latest.instagram.com/788388387972460.
• Youtube: We run the Kazaar Fragrances channel on YouTube. Provider Google Ireland Limited, Dublin, Ireland. Their privacy policy is available here: https://policies.google.com/privacy. There you can also see what options you have with regard to the data collected by Google and how it is used. Some of your data will be transferred to the USA. You can object to advertising here: adssettings.google.com.
• LinkedIn: We also operate a profile on LinkedIn under Kazaar Fragrances. The provider is LinkedIn Ireland Unlimited Company, Dublin, Ireland. Their privacy policy is available here: https://www.linkedin.com/legal/privacy-policy. Some of your data will be transferred to the USA. You can object to LinkedIn's processing here: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out. Further settings can be made via the objection form: https://www.linkedin.com/help/linkedin/answer/a1338610/Data-Processing-Restriction-and-Objection. In connection with the operation of our LinkedIn profile, we use LinkedIn Page Analytics. This provides us with information about the use of our content. We have defined our responsibilities regarding data protection in accordance with the information at https://legal.linkedin.com/pages-joint-controller-addendum
• Use of telephone numbers: In accordance with Art. 6 para. 1 lit. a GDPR, personal data (surname and first name, telephone number, messenger ID,IP address, profile picture and message history) will be stored, processed and used with your consent as part of the use of the respective WhatsApp, SMS or messenger service in order to send messages to you. An active account with the respective provider is required to use the messenger service. This service is provided by the WhatsApp marketing tool chatarmin.com GmbH, A-3400 Klosterneuburg, as a technical service provider and processor. Your consent to the processing of personal data can be freely revoked at any time; a corresponding notification to our support or Chatarmin is sufficient for this purpose. Further information can be found in our respective privacy policies and/or the messenger services of chatarmin.com GmbH.

5. Recipients of Personal Data

We may disclose your personal data to third parties, in particular if we use their services. As a rule, these service providers process your data on our behalf as so-called "processors". Our processors are obliged to process the data exclusively in accordance with our instructions and to take suitable measures to ensure data security. Certain service providers are also jointly responsible with us (e.g. Facebook) or independently responsible (e.g. debt collection companies). We ensure that data protection is guaranteed in the context of data processing by carefully selecting our service providers and through suitable contractual agreements. We use services in the following areas:

• Logistics and forwarding companies (e.g. for the shipment of ordered goods);
• Advertising and marketing agencies (e.g. for sending newsletters);
• Administration (e.g. bookkeeping);
• Payment service providers;
• Credit agencies (e.g. in the case of a purchase on account);
• Collection service providers;
• Insurances;
• Service providers for fraud prevention, which payment service providers carry out under their own responsibility, such as "PayPal Fraud Protection". Corresponding procedures are only used if you are already a customer of the respective payment service provider; further information can be found in their privacy policy;
• IT services (e.g. website hosting agencies, cloud providers, etc.);
• Audit firms;
• Consultants, lawyers.

It is also possible that we may pass on personal data to other third parties for their own purposes, e.g. if you have given us your consent or if we are legally obliged or entitled to do so. In these cases, the recipient of the data is a separate controller under data protection law. This includes the following cases, for example:

• the transfer of receivables to other companies such as collection service providers;
• the examination, preparation or implementation of corporate law transactions such as company acquisitions, sales and mergers;
• the disclosure of personal data to courts and authorities in Switzerland and abroad (e.g. to law enforcement authorities in the event of suspected criminal offenses);
• the processing of personal data in order to comply with a court order or official order or to assert or defend against legal claims or if we consider it necessary for other legal reasons.

Please also scent the information on the use of cookies (Section 4.1) for independent data collection by third parties whose tools are integrated on our websites and apps.

6. Disclosure Abroad

The recipients of your personal data in accordance with section 5 are generally located in Switzerland and the European Economic Area (EEA), but in exceptional cases also abroad, in principle in any country in the world, where our internet analysis service providers in particular may be located. The countries concerned may not have laws that protect your personal data to the same extent as in Switzerland or the EEA. If we transfer your data to such a country, we will ensure the protection of your personal data in an appropriate manner.

If we disclose your personal data to a recipient in a country without adequate legal data protection, we provide appropriate contractual safeguards (standard contractual clauses approved, issued or recognized by the European Commission and the Swiss Federal Data Protection and Information Commissioner; see here). Please scent that these contractual measures can partially compensate for weaker or missing legal data protection, but cannot exclude all risks (e.g. government access abroad). In exceptional cases, we also base the disclosure to a country without adequate data protection on your consent or another exception, e.g. because the disclosure of data is necessary in the context of legal proceedings abroad or for the performance of a contract.

7. Duration of Storage of Personal Data

We process your personal data as long as it is necessary for the fulfillment of our contractual or legal obligations or otherwise for the purposes pursued with the processing (Section 3), i.e. for the duration of the entire contractual relationship (i.e. from the initiation, execution to the termination of the contract) as well as beyond that in accordance with any statutory retention and documentation obligations. It is possible that personal data may be stored for the period during which claims can be asserted against us and insofar as we are otherwise legally obliged to do so or our legitimate business interests require this (e.g. for evidence or documentation purposes). As soon as the purposes and/or laws no longer require it, your data will be deleted or anonymized.

8. Data Processing

We take appropriate technical and organizational measures to protect your data from loss, unauthorized access and misuse. These include employee training, IT and network security solutions, access controls and restrictions, pseudonymization of personal data (e.g. as part of data transfer to service providers) and regular checks.

9. Profiling

The term "profiling" refers to the automated processing of personal data in order to analyze personal aspects or make predictions (e.g. the analysis of interests, preferences and habits or the prediction of behavior). We use profiling

• to improve our services and tailor them to individual needs;
• to present our information and offers to you in line with your needs;
• To show you only advertisements and offers that are of interest to you;
• to provide you with more targeted customer service support;
• to decide which payment methods are available by means of a credit check.

We carry out profiling in particular in connection with our online store by evaluating your shopping behavior and assigning you to certain interests based on this in order to send you relevant product suggestions via newsletter. Profiling also takes place when you use your account with us, for example by evaluating your usage and purchasing behaviour in our online store and on our website and any apps in order to personalize your user experience and provide you with offers tailored to your interests.

For your right to object to profiling in certain cases, see section 11

10 Automated Individual Decisions

We generally refrain from making automated individual decisions, i.e. decisions that are based exclusively on automated processing (without human influence) and that are associated with a legal consequence for you (e.g. refusal to conclude a contract) or that significantly affect you in some other way. Should we make such decisions in exceptional cases, you will be informed of this on a case-by-case basis.

11. Note on Consent and your Rights

You have the right to object to data processing, in particular if we process your personal data on the basis of a legitimate interest and the other requirements are met. You can also object to data processing in connection with direct marketing (e.g. advertising emails) at any time. This also applies to profiling, insofar as this is associated with such direct marketing.

Insofar as the applicable requirements are met and no statutory exceptions apply, you also have the right

• to request information about the processing of your personal data;
• to have incorrect or incomplete personal data corrected;
• to demand the deletion or anonymization of your personal data;
• to demand the restriction of the processing of your personal data;
• to receive certain personal data in a structured, commonly used and machine-readable format;
• to revoke consent with effect for the future, insofar as processing is based on consent.

Please scent that these rights may be restricted or excluded in individual cases, e.g. 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 revoke any consent to the processing of your personal data at any time with effect for the future by writing to the address provided in section 1.

12. Changes

We may amend this privacy policy at any time without prior notice. The current version published on our website applies.

Version valid from September 1st, 2023