Data Protection Policy samsaidyes.com by SAM Entertainment
For the US Data Protection Policy click here.
This Data Protection Policy describes the collection and further processing of personal data by SAM Entertainment AG, Hofstrasse 124, 8044 Zurich, Switzerland (hereinafter "SAM Entertainment").
SAM Entertainment attaches great importance to the protection of personal data and collects, processes and uses personal data solely for providing and improving its products and services and in accordance with the principles described below and in compliance with the applicable data protection provisions. Personal data is all information relating to an identified or identifiable natural person, which includes, for example, the User's name as well as its postal and email addresses.
In the event that the activities covered by this notice are governed by other data protection policies, are evident from the circumstances, or are governed by applicable laws outside of the European Union and the European Economic Area, then such applicable law and resulting policies shall control. The term personal data shall include all information relating to an identified or identifiable person.
This Data Protection Policy describes the general processing of personal data by SAM Entertainment in Section A. Section B describes specific provisions for specific applications (e.g. payment, newsletter and personalized advertisement).
If the user provides personal data of other persons (i.e. data about invited persons to an event) to SAM Entertainment, he should only provide their personal data if he is entitled to disclose such data in compliance with the applicable data protection regulations and only if the affected person agrees to said disclosure according to this data protection policy.
A General Provisions
1 Data Controller, Data Protection Officer
The Data Controller in accordance with the Swiss Data Protection Regulations and the EU General Data Protection Regulation (GDPR) of every website (including samsaidyes.com and other sites or mini sites for special offers), Smart device Application, presence on social media, multimedia portals, chatbots and any other consumer touchpoint whatsoever of SAM Entertainment (hereinafter each "Website") shall be SAM Entertainment AG, Hofstrasse 124, 8044 Zurich, Switzerland.
SAM Entertainment has not appointed a data protection officer according to article 37 GDPR.
2 Processing of personal data
SAM Entertainment collects and processes personal data of
users and registered users of an SAM Entertainment registered Website (i.e. visitors, account holders etc.);
individuals purchasing and receiving/benefitting products and services of SAM Entertainment;
potential customers of the SAM Entertainment products and services;
recipients of SAM Entertainment newsletters;
participants in research campaigns and opinion surveys conducted by SAM Entertainment;
The personal data of Customers is generally collected directly by SAM Entertainment while using any Website as well as through direct communication such as email, telephone or in any other way possible. Personal data can also be collected indirectly through social media sites or other third-party processors (e.g., SAM Entertainment’s Partners (as defined further below, including wholesalers, dealers, retailers, suppliers and other business partners).
In particular, the following categories of personal data may be processed by SAM Entertainment:
Personal data including but not limited to first and last name, maiden name, address, residence, telephone number, email address, age, date of birth, Identification data (ID Number, expiry date), gender, pictures, videos;
Data pertaining to orders and purchases including but not limited to billing address, products and services ordered and purchased, information and queries and complaints relating to products and services, customer care and products and services, rescissions and disputes;
Geo-Tracking Data including but not limited to (preferred) locations, routes, duration of stay:
Data in connection with marketing and communication, including but not limited to information relating to newsletter and other communication channels, opt-ins and opt-outs, invitations to and participations at events and special activities, communication preferences, correspondence and communication with SAM Entertainment (including records of the communication); personal preferences and interests and customer segmentation information;
Data concerning the use of the Website including but not limited to the IP address and other user identification (e.g. user name of social media, MAC address of devices, cookies, beacons, etc.), date and time of Website visits, visited sites and contents, and referring websites;
Data in connection with communication including but not limited to preferred means of communication, correspondence and communication with SAM Entertainment (including records of the communication);
(together "Customer Data")
In addition, SAM Entertainment collects:
Personal Data of employees of partners, dealers, retailers, suppliers and further business partners of SAM Entertainment (Partner Data) including but not limited to contact details, function, previous contacts, marketing activities (e.g. newsletters etc.), business transactions, requests, offers, tenders, conditions and contracts, professional or other interests of the individuals.
In the course of business, Customers will be required to provide Customer Data necessary regarding the products and services or if required by law. Without this data, SAM Entertainment will not be able to render its products and services to the Customer. This provision shall analogously apply to Partner Data.
Any access to the Website is logged, therefore SAM Entertainment collects any data regarding the usage and customer journey of and through the Website which cannot be deactivated by the user of the Website.
3 Purpose of processing and legal grounds
3.1 Purpose of data processing
In particular, but not limited to, and in accordance with the applicable law, SAM Entertainment may process personal Data for the following Purposes:
In connection with products and services offered, conclusions of contracts, executions of contracts, maintenance and development of customer relations, communication, customer service and support, promotions, advertisement and marketing (including newsletters and mailing of promotional materials), communication, invitation to events and participation in promotions, organization of joint activities with Partners;
Management of the users of the Website and other activities, operation, maintaining and developing the Website (including the provision of functions which require identifiers or other personal data) and additional IT systems and identity verifications;
protection of Customers, employees and other individuals and protection of data, secrets and assets of and entrusted to SAM Entertainment as well as the protection and security of systems and premises of SAM Entertainment;
compliance with legal and regulatory requirements, including the internal rules of SAM Entertainment, enforcement and exploitation of legal rights and claims, defense against legal claims, litigation, complaints, combating abusive conduct, engaging in legal investigations and proceedings and responding to inquiries of public authorities;
sale or acquisitions of business divisions, companies or parts of companies and other corporate transactions and the transfer of personal data associated therewith; and
for other lawful purposes where such processing was evident from the circumstances or indicated at the time of the collection.
(together the "Purpose of Data Processing").
3.2 Legal grounds of Data processing
SAM Entertainment uses the personal data for the Purpose of Data Processing based on the following legal grounds:
performance of contracts;
compliance with legal obligations of SAM Entertainment;
consent of Customer (can be withdrawn at any time);
legitimate interests of SAM Entertainment, including but not limited to
purchase and rendering of products and services;
advertising and marketing activities;
efficient and effective customer support, maintenance of contact and other communication with Customers;
understanding Customer behavior, activities, concerns and needs, market studies;
efficient and effective improvement of existing products and services and development of new products and services;
efficient and effective protection of Customers, employees and other individuals and protection of data, secrets and assets of and entrusted to SAM Entertainment as well as the protection and security of systems and premises of SAM Entertainment;
maintenance and security, efficiency of business and development, the Website and IT systems;
reasonable corporate governance and development;
compliance with legal and regulatory requirements and internal rules of SAM Entertainment;
prevention of fraud, offences and crimes as well as related investigations, handling of claims and actions against SAM Entertainment, legal proceedings, cooperation with public authorities, legal actions.
4 Transfer and Disclosure of Data
In accordance with applicable data protection laws, SAM Entertainment may transfer personal data, to the following categories of commissioned data processors:
wholesalers, dealers, retailers, suppliers and other business partners;
local, national and foreign authorities;
acquirers or parties interested in acquiring business units, companies or other parts of SAM Entertainment;
other parties in potential or actual legal proceedings;
other parties in potential or actual legal proceedings;
(together "Commissioned Data Processors").
SAM Entertainment may disclose personal data to Commissioned Data Processors and to any country worldwide, including namely all countries in which SAM Entertainment is represented by Group companies, affiliates or other offices and representatives as well as to countries in which service providers of SAM Entertainment process their data. If data is disclosed to countries without an adequate protection, SAM Entertainment shall ensure such (e.g. by EU standard clauses, binding corporate rules, EU-U.S. and/or the Swiss-U.S. Privacy Shield Framework).
5 Data Retention
In general, SAM Entertainment retains personal data for no longer than it is necessary for the purposes for which the personal data are processed. Notwithstanding the general principle, SAM Entertainment may process personal data for longer periods subject to the following rules and obligations: SAM Entertainment retains personal data as long as SAM Entertainment (i) is obligated to do so (by way of contract, law or other provisions) or (ii) has an overriding interest (e.g. an interest for reasons of proof in case of claims, documentation of compliance with certain legal or other requirements). Deviating rules are reserved with respect to anonymization or pseudonymization of personal data subject to applicable law.
SAM Entertainment retains contract related personal data (including business records and communication) as long as the contractual relation is in force and for ten years after termination of the contractual relationship unless (i) a shorter or longer statutory storage obligation is applicable, (ii) the retention is required for reasons of proof or another valid reason based on applicable law, or (iii) the deletion of the data is required earlier.
Log files are retained for 12 months.
6 Cookies, Tracking and Social Plug-Ins
SAM Entertainment uses session cookies that are automatically deleted when the Website is closed and that enable the server to establish a stable connection to the user (e.g. that the user doesn’t lose already entered date) while the user is using the Website. SAM Entertainment also uses permanent cookies that are only deleted after a per Website specified time.
Permanent cookies are used to remember the preferences (e.g. language settings) of the user on the Website and remain on the user's device even after the browser is closed or the device is restarted (e.g. keeping the user signed in). SAM Entertainment may also use these cookies to analyze user behavior and to determine visit patterns so that the Website functionality can be improved for all users.
Cookies do not cause any damage and do not contain any viruses. If the user nevertheless does not wish cookies to be set, browser settings can be changed that cookies are only created or generally rejected with the consent of the user.
Please note, however, that if cookies are not allowed or rejected on the Website, some functionalities may be restricted or unavailable.
SAM Entertainment is entitled to install a code in transactional emails, newsletters and other marketing emails to determine whether the recipient has opened an email or downloaded images contained in the email. However, the recipient can block this application in his or her email program. In any case, the recipient agrees to the use of this technology by receiving newsletters and other marketing emails.
If SAM Entertainment places third-party advertising on the Website (e.g. banners) or intends to place its own ad on a third party's website, cookies may be used by companies specializing in the use of this advertising. SAM Entertainment does not pass on any personal data to such companies, i.e. third parties merely place a permanent cookie with the users of the Website to recognize users. This is in the sole interest of SAM Entertainment and enables SAM Entertainment to place targeted and / or personalized advertisements for these persons on the websites of third parties (e.g. in connection with products for which these persons have shown interest in the online shop). SAM Entertainment does not pass on any personal data to the operators of external websites.
6.2 Analytic Tools
Facebook Pixel and Custom Audience
SAM Entertainment uses the Facebook Pixel of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA. When visiting the Website, a direct connection is established between the User's browser and the Facebook server via the Facebook pixel. Facebook receives the information that the user has visited the website with their IP address. This enables Facebook to associate the visit to the website with the User's account. The information obtained can be used to display Facebook Ads or for tracking functionalities. Please note that SAM Entertainment is not aware of the content of the transmitted data and its use by Facebook. Further information can be found in Facebook's data protection declaration at https://www.facebook.com/about/privacy.
Facebook Pixel are used to display Facebook ads to users who have shown interest in certain products and services of SAM Entertainment or certain topics or products through visiting other websites. By using the Facebook Pixel, SAM Entertainment tries to make sure that only potential Users of SAM Entertainment products and services are shown advertisements of SAM Entertainment accordingly. In addition, SAM Entertainment may have the possibility to see statistics of the conversion rate of its advertisements.
Google Tag Manager and Google Analytics
Google AdWords Remarketing
The Website uses the functions of Google AdWords Remarketing, which enables SAM Entertainment to advertise the Website in Google search results, as well as on third-party websites.
Provider is Google. Using Google AdWords Remarketing, Google places a cookie in the browser of the User's terminal device, which automatically uses a pseudonymous cookie ID on the basis of pages the User visited to allow interest-based advertising.
Any additional processing will only take place if the User has agreed with Google that the User's Google Internet and app browsing history will be linked to the User's Google Account and information from the User's Google Account will be used for personalized advertisements. If the User is logged in to Google while visiting the Website, Google will use the User's data in connection with Google Analytics data to create and define target group lists for cross-device remarketing. To this end, Google temporarily links the User's person-al data with Google Analytics data to create target groups.
Google, based in the United States, is certified for the US-European data protection agreement "Privacy Shield", which guarantees compliance with the data protection level applicable in the EU.
Further information and the data protection regulations regarding advertising and Google can be viewed at: http://www.google.com/policies/technologies/ads/
6.3 Social Plug-ins and Social Sign-Ups
The Website may use social plugins, e.g. from Facebook, Twitter or Google+ and may offer the possibility to sign up via Facebook or Google. The plugins are marked with the logo of the provider and can be e.g. "Like" buttons or a Twitter button or Google+ button.
If the Customer uses a Website that contains such a plugin, its browser establishes a direct connection with the computers of the provider. The content of the plugin is transmitted directly from the provider of the plug-in to the browser of the Customer and integrated into the Internet site of the latter. By integrating the plug-ins, the respective provider receives the information that the Customer has visited the Website. If the Customer is logged in to the Provider's site at the same time, the Provider can assign the visit to the profile of the Customer. If the Customer interacts with the plugins - for example, by clicking the "Like" button or commenting - the corresponding information is transmitted directly from the Customer's browser to the provider and stored there.
If the Customer does not want the provider to collect data about him via the Website, he must log off from the provider before visiting the Website. Even when logged out, the providers collect anonymous data via the social plugins and set a cookie for the Customer. This data can be assigned to the corresponding profile if the Customer logs on to the provider at a later point in time.
If a login (Social Sign-Up) is offered via a social login service - e.g. Facebook Connect or Google - data is exchanged between the provider and the Website. With Facebook Connect, for example, transferred data contains data from the public Facebook profile of the Customer. By using such login products and services, the Customer consents to such transfer of data.
The purpose and scope of the data collection and the further processing of the data by the provider as well as the relevant rights and setting options for the protection of privacy can be found in the privacy notices of the providers.
Facebook Ireland Ltd. or Facebook Inc.: http://en-en.facebook.com/policy.php
Google Inc.: http://www.google.de/intl/de/privacy/plusone/
Twitter Inc.: http://twitter.com/privacy
If the Customer does not want the providers to collect data via these cookies, the Customer can select the function "Block third-party cookies" in his browser settings. In this case, the browser will not send cookies to the server for embedded content from other providers. With this setting, other functions of the Website may no longer work.
7 Commissioned service providers and third parties
In order to ensure a convenient experience, SAM Entertainment may cooperate with service providers (or third parties) for payment, customer service, programming, testing etc. Using these service providers, SAM Entertainment may transfers data to the following companies for the purpose described:
Stripe Inc., 510 Townsend Street, San Francisco, CA 94103, USA ("Stripe"); as payment provider (Data Protection Policy of Stripe: stripe.com/privacy);
PayPal (Europe) S.à r.l. & Cie, S.C.A., 5. Etage, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"); as payment provider (Data Protection Policy of PayPal: www.paypal.com/privacy);
Amazon Web Services, Inc., 410 Terry Avenue North, Seattle WA 98109, United States ("AWS"); Server and hosting services (Data Protection Policy of AWS: aws.amazon.com/privacy).
8 Rights of the customers, visitors and partners
Any affected individual may request information from SAM Entertainment if data concerning them is being processed. In addition, any affected individual has the right to request the correction, deletion or restriction of its own personal data as well as to object to the processing of its own personal data per se. Should the processing of personal data be based on consent, the affected individual may withdraw such consent at any time. If an account is deleted, all related data and information will be deleted entirely, including any and all pictures.
Request shall be submitted to
SAM Entertainment AG
SAM Entertainment reserves the right to restrict the rights of the affected individual in accordance with applicable law and e.g. not to disclose comprehensive information or not to delete data.
In the event that SAM Entertainment makes an automated decision with respect to a certain individual which may have a legal effect for the affected individual or seriously affect him or her in a similar way, the affected individual shall have, in accordance with applicable law, the right to communicate with SAM Entertainment and to request a reconsideration of the decision or to request the prior evaluation by SAM Entertainment. In such case, the affected individual may no longer be able to use certain automated products and services. The individual will be informed thereof subsequently or separately in advance.
Any affected individual may also raise a complaint with the competent data protection authority, which in the case of a SAM Entertainment is the Federal Data Protection and Information Commissioner in Switzerland (http://www.edoeb.admin.ch) or the respective data protection authority in the user's country of residence.
9 Reporting a privacy violation.
Every day, thousands of people share pictures and engage with one another through the Websites. SAM Entertainment encourages any User to report if media or comments on the site violate the User's privacy or sense of safety. If media contains the User's personal information without consent, including any image, SAM Entertainment may be contacted at any time through email@example.com
10 Children’s Policy
The Websites are made for general audiences and are not directed to minors under the age of 16. If a User is under the age of 16, the use of the Website is prohibited. If SAM Entertainment learns to have collected personal information from a minor of the age under 16, SAM Entertainment is obligated to and will delete any and all information and data as quickly as possible. If anyone believes that SAM Entertainment might have any information or data from a minor under the age of 16, SAM Entertainment shall be contacted via firstname.lastname@example.org.
11 Changes to this Data Protection Policy
SAM Entertainment reserves the right to amend this Data Privacy Notice at any time and without prior notice or announcement. The latest version posted on the SAM Entertainment Website shall be applicable.
SAM Entertainment shall inform the affected person of any update or amendments by email or in another appropriate manner.
The amendments shall be deemed to have been accepted unless the affected individual objects within 30 days of notification. In case of objection SAM Entertainment shall be free to terminate any agreement with the affected individual with immediate effect.
B Specific Provisions
The provisions of section A hereinabove shall be supplemented by the following provisions for certain activities of SAM Entertainment. The provisions of this Section B shall take precedence.
Payments on the SAM Entertainment Website are not handled by SAM Entertainment but by a commissioned third party (Stripe and PayPal). Payments can be made by Credit card by entering the customer's credit card details on the Website or by any other payment method offered by Stripe and / or PayPal.
Payments by credit card are handled by third-party companies (Stripe and PayPal). The customer expressly agrees that SAM Entertainment cannot assume any liability for third parties. Payment is subject to the general terms and conditions of the respective third-party company.
SAM Entertainment does not collect and/or store any payment data such as credit card or bank account information or any other financial data other than the payment amount and date of the transaction itself.
2 Newsletter and personalized advertisement
If agreed upon by the Customer, SAM Entertainment may send newsletters or other commercial communications regarding its products and services to the Customer. Based on the information provided, SAM Entertainment may personalize the information provided to the Customer that the Customer only receives information that SAM Entertainment deems interesting and relevant to the Customer. For this purpose, SAM Entertainment analyses the data including but not limited to information about age, gender, interests and preferences as well as other information collected and data that can be derived from linking various data of the Customer and otherwise.
SAM Entertainment may send newsletters or other commercial communications in connection with its products and services to Customers. In accordance with the applicable law, SAM Entertainment reserves the right to do so without the prior consent of existing Customers.
The Customer may at any time unsubscribe from any newsletters or other commercial communications on the Website or via the link provided in each mailing. The termination of one newsletter may not entail the termination of other newsletters.
Personalized advertising may also be placed during the visit of the Website. Each such personalized advertisement displayed is generated using cookies and other analytic tools (see section A. 6 above) by the advertiser.
To Opt out and / or see your privacy setting, please visit the settings section on the Website.
Please see also our Terms & Conditions.
The Website uses the functions of Smartlook, which enables SAM Entertainment to improve the Usability of the Website. All data is anonymised. Provider is Smartlook. Any user input is not recorded and can not be retrieved neither by SAM Entertainment nor by Smartlook.
Smartlook, based in the Czech Republic, is compliant to GDPR by design.
Further information and the data protection regulations regarding Smartlook can be viewed at: https://help.smartlook.com/en/articles/3244452-privacy-policy