Privacy policy
With this Privacy policy we inform you which personal data we collect in connection with our Activities and operations including our https://babycute.ch/-Website processing. In particular, we provide information on why, how and where we process which personal data. We also provide information about the rights of persons whose data we process.
Further data protection declarations and other legal documents such as general terms and conditions, terms of use or conditions of participation may apply to individual or additional activities and operations.
1. contact addresses
Responsibility for the processing of personal data:
BabyCute AG
Grenzstrasse 3b
CH-6214 Schenkon
We point out if there are other controllers for the processing of personal data in individual cases.
2. terms and legal bases
2.1 Terms
Personal data are all Information relating to an identified or identifiable natural person. A person concerned is a person about whom we process personal data.
Edit includes each Handling of personal data, independent the means and procedures used, such as the retrieval, comparison, adaptation, archiving, storage, reading, disclosure, procurement, collection, recording, deletion, disclosure, arrangement, organization, storage, modification, dissemination, linking, destruction and use of personal data.
2.2 Legal basis
We process personal data in accordance with Swiss data protection law, in particular the Federal Act on Data Protection (Data Protection Act, DSG) and the Ordinance on data protection (Data Protection Regulation, DSV).
3. nature, scope and purpose
We process the personal data that required are necessary to carry out our activities and operations in a permanent, user-friendly, secure and reliable manner. Such personal data may fall into the categories of inventory and contact data, browser and device data, content data, meta or marginal data and usage data, location data, sales data as well as contract and payment data.
We process personal data during those Durationthat is required for the respective purpose(s) or by law. Personal data whose processing is no longer required will be anonymized or deleted.
We may process personal data by third parties have it processed. We may process personal data jointly with third parties or transfer it to third parties. Such third parties are, in particular, specialized providers whose services we use. We also guarantee data protection for such third parties.
We process personal data in principle only with the consent of the data subjects. If and to the extent that processing is permitted for other legal reasons, we may refrain from obtaining consent. For example, we may process personal data without consent in order to fulfill a contract, to comply with legal obligations or to protect overriding interests.
We also process personal data that we receive from third parties, obtain from publicly accessible sources or collect in the course of our activities and operations, if and to the extent that such processing is permitted by law.
3.1 Special notes regarding the newborn photoshoot
As part of our newborn photoshoots, we collect specific personal data from parents and newborns. This includes in particular:
- Birth details of the newborn (first name(s), gender, date and time of birth, and weight),
- Contact details of the legal guardian(s) (name, address, email address, telephone number),
- the photos taken during the photoshoot.
This data is used exclusively for carrying out the photoshoot, creating photo products, and providing access to a password-protected online gallery. It will not be shared with third parties unless the individual concerned has given explicit consent for such use.
Online Gallery: If the option âComplete BabyCute Newborn Photoshootâ is selected, the photos and birth details will be uploaded to a password-protected online gallery. This gallery is accessible for 90 days from the date of the photoshoot. After that, the image data will be archived for an additional 90 days before being permanently deleted. Personal data is stored only as long as necessary for contract fulfillment, legal retention obligations, or legitimate interests. Early deletion can be requested at any time by sending an email to info@babycute.ch.
Baby Gallery / Info Screen: If the option âBaby Gallery / Info Screen of your clinic or hospital?â is selected in the consent form, we may share a photo of your newborn selected by us â along with selected birth details â with the respective clinic. The publication will be strictly limited to the baby gallery website or an internal info screen at the clinic. Consent can be withdrawn at any time.
Copyright and Usage Rights: All rights remain with BabyCute AG until the image files are purchased. Only upon purchasing the photos does the customer acquire a usage right to the respective digital image files.
4. communication
We process data in order to be able to communicate with third parties. In this context, we process in particular data that a data subject transmits when making contact, for example by post or e-mail. We may store such data in an address book or with comparable tools.
Third parties who transmit data about other persons are obliged to guarantee data protection for such data subjects. Among other things, the accuracy of the personal data transmitted must be ensured.
5. data security
We take appropriate technical and organizational measures to ensure data security appropriate to the respective risk. With our measures, we guarantee in particular the confidentiality, availability, traceability and integrity of the processed personal data, without being able to guarantee absolute data security.
Access to our website and our other online presence is carried out using transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated to HTTPS). Most browsers indicate transport encryption with a small padlock in the address bar.
Our digital communication is - like in principle any digital communication - to mass surveillance without cause or suspicion by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We cannot directly influence the corresponding processing of personal data by secret services, police forces and other security authorities. We also cannot rule out the possibility that individual data subjects may be subject to targeted surveillance.
6. personal data abroad
We process personal data in principle in Switzerland. However, we may also disclose or export personal data to other countries, in particular in order to process it or have it processed there.
We can transfer personal data to all States and territories on earth and elsewhere in the Universe provided that the law of the country in question Decision of the Swiss Federal Council ensures adequate data protection.
We may disclose personal data to countries whose laws do not guarantee adequate data protection, provided that suitable data protection is guaranteed for other reasons. Adequate data protection can be ensured, for example, through appropriate contractual agreements, on the basis of standard data protection clauses or with other appropriate guarantees. Exceptionally, we may export personal data to countries without adequate or appropriate data protection if the special requirements under data protection law are met, for example the express consent of the data subjects or a direct connection with the conclusion or execution of a contract. Upon request, we will be happy to provide data subjects with information about any guarantees or provide a copy of guarantees.
7 Rights of data subjects
7.1 Data protection claims
We grant data subjects all rights in accordance with the applicable data protection law. Data subjects have the following rights in particular:
- Information: Data subjects can request information as to whether we process personal data about them and, if so, what personal data is involved. Data subjects also receive the information required to assert their data protection claims and ensure transparency. This includes the processed personal data as such, but also information on the purpose of processing, the duration of storage, any disclosure or export of data to other countries and the origin of the personal data.
- Correction and restriction: Data subjects can have incorrect personal data corrected, incomplete data completed and the processing of their data restricted.
- Deletion and objection: Data subjects can have their personal data deleted ("right to be forgotten") and object to the processing of their data with effect for the future.
- Data output and data transmission: Data subjects may request the disclosure of personal data or the transfer of their data to another controller.
We may defer, restrict or refuse the exercise of the rights of data subjects to the extent permitted by law. We may inform data subjects of any requirements that must be met in order to exercise their rights under data protection law. For example, we may refuse to provide information in whole or in part with reference to business secrets or the protection of other persons. For example, we may also refuse to delete personal data in whole or in part with reference to statutory retention obligations.
We may be responsible for exercising the rights exceptionally Provide for costs. We will inform affected persons of any costs in advance.
We are obliged to take appropriate measures to identify data subjects who request information or assert other rights. Data subjects are obliged to cooperate.
7.2 Legal protection
Data subjects have the right to enforce their data protection claims by taking legal action or to lodge a complaint with a competent data protection supervisory authority.
The data protection supervisory authority for complaints by data subjects against private controllers and federal bodies in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).
8. use of the website
8.1 Cookies
We may use cookies. Cookies - our own cookies (first-party cookies) as well as cookies from third parties whose services we use (third-party cookies) - are data that are stored in the browser. Such stored data need not be limited to traditional cookies in text form.
Cookies can be stored in the browser temporarily as "session cookies" or for a certain period of time as so-called permanent cookies. "Session cookies" are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. In particular, cookies make it possible to recognize a browser the next time it visits our website and thus, for example, to measure the reach of our website. Permanent cookies can also be used for online marketing, for example.
Cookies can be completely or partially deactivated and deleted at any time in the browser settings. Without cookies, our website may no longer be fully available. We actively request your express consent to the use of cookies - at least if and to the extent necessary.
For cookies that are used to measure success and reach or for advertising, a general objection ("opt-out") is possible for numerous services via the AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).
8.2 Logging
We may log at least the following information for each access to our website and our other online presence, insofar as this information is transmitted to our digital infrastructure during such accesses: Date and time including time zone, IP address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-pages of our website accessed including amount of data transferred, last website accessed in the same browser window (referrer).
We record such information, which may also constitute personal data, in log files. The information is required in order to provide our online presence in a permanent, user-friendly and reliable manner. The information is also required to ensure data security - also by third parties or with the help of third parties.
8.3 Tracking pixels
We can integrate tracking pixels into our online presence. Tracking pixels are also known as web beacons. Tracking pixels - including those from third parties whose services we use - are usually small, invisible images or scripts written in JavaScript that are automatically retrieved when our online presence is accessed. Tracking pixels can be used to collect at least the same information as log files.
9. notifications and messages
We send notifications and messages by e-mail and via other communication channels such as instant messaging or SMS.
9.1 Measuring success and reach
Notifications and messages may contain web links or tracking pixels that record whether an individual message has been opened and which web links have been clicked on. Such web links and tracking pixels can also record the use of notifications and messages on a personal basis. We require this statistical recording of usage to measure success and reach in order to be able to send notifications and messages in an effective, user-friendly, permanent, secure and reliable manner based on the needs and reading habits of the recipients.
9.2 Consent and objection
You must in principle expressly consent to the use of your e-mail address and your other contact addresses, unless such use is permitted for other legal reasons. Wherever possible, we use the "double opt-in" procedure to obtain consent, i.e. you will receive an e-mail with a web link that you must click on to confirm, so that no misuse by unauthorized third parties can occur. We can revoke such consent including IP address as well as the date and time for evidence and security reasons.
You can in principle object to receiving notifications and communications such as newsletters at any time. With such an objection, you can also object to the statistical recording of usage for measuring success and reach. Necessary notifications and communications in connection with our activities and operations remain reserved.
9.3 Service provider for notifications and messages
We send notifications and messages with the help of specialized service providers.
In connection with your order, we send order-related communications (e.g., information about online access, reminders, or shipping details) regardless of any newsletter subscription.
10. social media
We are present on social media platforms and other online platforms in order to communicate with interested parties and provide information about our activities and operations. In connection with such platforms, personal data may also be processed outside Switzerland.
The general terms and conditions (GTC) and terms of use as well as data protection declarations and other provisions of the individual operators of such platforms also apply. In particular, these provisions provide information about the rights of data subjects directly vis-Ă -vis the respective platform, including, for example, the right to information.
11. services of third parties
We use services from specialized third parties in order to be able to carry out our activities and operations in a permanent, user-friendly, secure and reliable manner. Among other things, we can use such services to embed functions and content in our website. In the case of such embedding, the services used collect the following data at least temporarily for technically compelling reasons IP addresses of the users.
For necessary security, statistical and technical purposes, third parties whose services we use may process data in connection with our activities and operations in aggregated, anonymized or pseudonymized form. This is, for example, performance or usage data in order to be able to offer the respective service.
We use in particular:
- Google services: Provider: Google LLC (USA) / Google Ireland Limited (Ireland) for users in the European Economic Area (EEA) and Switzerland; General information on data protection: "Principles of data protection and security", Privacy policy, "Google is committed to complying with applicable data protection laws", "Guide to data protection in Google products", "How we use data from websites or apps on or in which our services are used" (information from Google), "Types of cookies and other technologies used by Google", "Personalized advertising" (activation / deactivation / settings).
11.1 Digital infrastructure
We use the services of specialized third parties in order to be able to use the necessary digital infrastructure in connection with our activities and operations. These include, for example, hosting and storage services from selected providers.
We use in particular:
- Amazon Web Services (AWS): Storage space and other infrastructure; Service provider: Amazon Web Services Inc. (USA); Data protection information: Privacy policy, "Data Protection Center", "Frequently asked questions about data protection".
- Microsoft Azure: Cloud hosting, data processing, and storage Provider: Microsoft Corporation (USA) / Microsoft Ireland Operations Ltd. (Ireland) for EU/CH users Privacy information: Microsoft Privacy Statement, âPrivacy at Microsoft Azureâ
- Cyon: Hosting; Anbieterin: cyon GmbH (Schweiz); Angaben zum Datenschutz: "Data protection", Privacy policy.
- WordPress.com: Blog hosting and website builder; Service provider: Automattic Inc (USA) / Aut O'Mattic A8C Ireland Ltd (Ireland) for users in Europe and elsewhere; Privacy Policy: Privacy policy, Cookie policy.
11.2 Contact Options
We use services from selected providers to facilitate better communication with third parties, such as potential and existing customers.
11.3 Online Collaboration
We use third-party services to enable online collaboration. In addition to this privacy policy, any directly visible conditions of the services used, such as terms of use or privacy policies, also apply.
We use in particular:
- Notion: Plattform fĂŒr Team-Zusammenarbeit; Anbieterin: Notion Labs Inc. (USA); Angaben zum Datenschutz: Privacy policy, «Sicherheit & Datenschutz» («Security & Privacy»), Cookie policy.
11.4 Social Media Features and Social Media Content
We use services and plugins from third parties to embed features and content from social media platforms, as well as to enable the sharing of content on social media platforms and through other channels.
We use in particular:
- Facebook (Social Plugins): We use Facebook social plugins to embed features and content such as the âLikeâ and âShareâ buttons. These functions are provided by Meta Platforms Ireland Limited (Ireland) and other Meta entities, including those based in the USA. Personal data may be transmitted to these providers when using such features. For more information on how Facebook handles data, please refer to their privacy policy.
- Instagram Platform: We embed content from Instagram on our website. This service is provided by Meta Platforms Ireland Limited (Ireland) and other Meta entities, including those based in the USA. When using embedded Instagram features, personal data may be transmitted to these providers. For more information on data handling, please refer to the privacy policies of Instagram and Facebook.
- LinkedIn Consumer Solutions Platform: We embed features and content from LinkedIn, for example through plugins such as the âShare Plugin.â These services are provided by Microsoft. When using such LinkedIn features, personal data may be transmitted to LinkedIn and processed accordingly. For further information, please refer to LinkedInâs privacy policy, cookie policy, and privacy settings regarding communication and advertising preferences.
11.5 Card material
We use third-party services to embed maps in our website.
We use in particular:
- Google Maps including Google Maps Platform: Map service; Service provider: Google; Google Maps-specific information: "How Google uses location information".
11.6 Digital audio and video content
We use services from specialized third parties to enable the direct playback of digital audio and video content such as music or podcasts.
We use in particular:
- Vimeo: Video-Plattform; Anbieterin: Vimeo Inc. (USA); Angaben zum Datenschutz: Privacy policy, "Data protection".
- YouTube: Video platform; Service provider: Google; YouTube-specific information: "Data protection and security center", "My data on YouTube".
11.7 Fonts
We use third-party services to embed selected fonts, icons, logos and symbols on our website.
We use in particular:
- Google Fonts: Fonts; Service provider: Google; Google Fonts-specific information: "Privacy and Google Fonts" ("Privacy and Google Fonts"), "Data protection and data collection".
11.8 Payments
We use specialized service providers to process our customers' payments securely and reliably. The legal texts of the individual service providers, such as general terms and conditions or data protection declarations, also apply to the processing of payments.
We use in particular:
- Klarna: We use Klarna for payment processing. The service is provided by Klarna Bank AB (Sweden). When choosing Klarna as a payment method, personal data required for the transaction will be transmitted to Klarna and processed accordingly. For more information, please refer to Klarnaâs privacy policy and cookie policy.
- Worldline: We use Worldline for payment processing, particularly for mobile payment solutions. The service is provided by Worldline Financial Services (Europe) SA (France) and other Worldline entities. When using this payment method, the necessary personal data is transmitted to Worldline for the purpose of processing the transaction. For more information, please refer to Worldlineâs general and service-specific privacy policies.
- PayPal: If you choose to pay via PayPal, the data required to process the payment (e.g. name, address, email address, purchase amount) will be transmitted to PayPal (Europe) S.Ă r.l. et Cie, S.C.A., Luxembourg. This processing is carried out solely for the purpose of completing the payment. For more information, please refer to PayPalâs privacy policy.
11.9 Advertising
We make use of the opportunity to display targeted advertising for our activities and services on third-party platforms such as social media networks and search engines.
With such advertising, we aim to specifically reach individuals who are already interested in our activities and services or who may be interested in them (remarketing and targeting). For this purpose, we may transmit relevant â potentially also personal â data to third parties that enable such advertising. We may also assess the effectiveness of our advertising, in particular whether it leads to visits to our website (conversion tracking).
Third parties on whose platforms we advertise and where you are registered as a user may be able to associate your use of our website with your profile on their platform.
We use in particular:
- Facebook Advertising (Facebook Ads): We use social media advertising through Facebook. The service is provided by Meta Platforms Ireland Limited (Ireland) and other Meta entities, including those based in the USA. For remarketing and targeting, we particularly use the Facebook Pixel, Custom Audiences, and Lookalike Audiences. Personal data may be transmitted to Meta in this context. Further information can be found in Facebookâs privacy policy and advertising preferences (user login required).
- Google Ads: We use search engine advertising via Google Ads. The service is provided by Google. Ads are displayed based on various factors, including search queries. Multiple domains â particularly doubleclick.net, googleadservices.com, and googlesyndication.com â are used for Google Ads. Personal data may be processed by Google in this context. For more details, please refer to Googleâs information on advertising and ad personalization.
- Instagram Ads: We use social media advertising on Instagram. This service is provided by Meta Platforms Ireland Limited (Ireland) and other Meta entities, including those based in the USA. For remarketing and targeting, we primarily use the Facebook Pixel, Custom Audiences, and Lookalike Audiences. In this context, personal data may be transmitted to Meta. Further information can be found in the privacy policies of Instagram and Facebook, as well as in the advertising preferences (login required).
- LinkedIn Ads: We use social media advertising on LinkedIn. The service is provided by LinkedIn Corporation (USA) and LinkedIn Ireland Unlimited Company (Ireland). For remarketing and targeting purposes, we particularly use the LinkedIn Insight Tag. Personal data may be transmitted to LinkedIn and processed in accordance with their privacy policies. Further details are available in LinkedInâs privacy policy, cookie policy, and options for opting out of personalized advertising.
12. extensions for the website
We use extensions for our website in order to be able to use additional functions. We may use selected services from suitable providers or use such extensions on our own server infrastructure.
We use in particular:
- Google reCAPTCHA: Spam protection (differentiation between desirable content from humans and undesirable content from bots and spam); Service provider: Google; Google reCAPTCHA-specific information: "What is reCAPTCHA?" ("What is reCAPTCHA?").
13. success and reach measurement
We try to determine how our online offering is used. In this context, we can, for example, measure the success and reach of our activities and operations as well as the effect of third-party links to our website. We can also, for example, test and compare how different parts or versions of our online offering are used ("A/B test" method). Based on the results of the success and reach measurement, we can in particular correct errors, strengthen popular content or make improvements to our online offering.
For the measurement of success and reach, in most cases the IP addresses stored by individual users. In this case, IP addresses are in principle The IP address is shortened ("IP masking") in order to follow the principle of data minimization through the corresponding pseudonymization.
Cookies may be used to measure success and reach and user profiles may be created. Any user profiles created include, for example, the individual pages visited or content viewed on our website, information on the size of the screen or browser window and the - at least approximate - location. Basically any user profiles are created exclusively in pseudonymized form and are not used to identify individual users. Individual third-party services with which users are registered may be able to assign the use of our online offering to the user account or user profile with the respective service.
We use in particular:
- Google Analytics: Performance and reach measurement; Service provider: Google; Google Analytics-specific information: Measurement also across different browsers and devices (cross-device tracking) and with pseudonymized IP addresses that are only exceptionally are transmitted in full to Google in the USA, "Data protection", "Browser add-on to deactivate Google Analytics".
- Google Tag Manager: Integration and management of other services for performance and reach measurement as well as other services from Google and third parties; Service provider: Google; Google Tag Manager-specific information: "Data collected with Google Tag Manager"Further information on data protection can be found in the individual integrated and managed services.
- Plausible analytics: Performance and reach measurement; Service provider: Plausible Insights OĂ (Estonia); Privacy Policy: None Processing of personal data and none Use of cookies, Privacy policy, "Data Policy" ("Data Policy"), "About Plausible Analytics" ("About Plausible Analytics"), "Google Analytics alternative with a focus on data protection" ("Privacy-focused Google Analytics Alternative").
14. Online Gallery / Customer Account
With your photoshoot, you receive access to a password-protected customer area where you can view your images, order products, and use additional features. This platform is available for 90 days from the date of the photoshoot. After this period, your image data will be archived for another 90 days and then automatically deleted. Depending on usage, image data may be temporarily stored for a longer period to enable reorders or handle complaints. Login details are sent via email and SMS to the address and phone number you provided in the consent form. Please note that you are responsible for ensuring the accuracy of the email address and phone number in the consent form. Otherwise, unauthorized individuals may gain access to your gallery.
Inviting Additional Persons:
By sharing the gallery code or a so-called relatives' link, you can grant additional persons access to the online gallery. Invited individuals will be able to view the following content through the relatives' link:
- Photos of the child
- Childâs data (e.g., name, date and time of birth, weight, etc.)
- Personalized products available for purchase
Please note: Invited individuals can also share the link, which may allow further people to access the gallery. The relatives' link will be automatically deactivated once the online gallery expires.
You bear full responsibility for access to your gallery, especially if you share the relatives' link or gallery code with third parties.
Image Download:
If customers have purchased digital image files, they will be available for download in the password-protected customer area. The images are automatically compiled into a ZIP file and provided in maximum resolution. The download link remains available for the duration of the online gallery (90 days after the photoshoot). After this period, automatic access is no longer possible. However, a separate download link can be requested by email within 30 days after the gallery has closed.
Reorders:
Reorders of photo products can only be placed after a successful login to the customer area. In this process, we process all data necessary for handling the order, such as billing and shipping address, as well as information related to the selected product. Depending on the product type, personalization data is also processed (e.g., childâs name, design selection, photo color, custom text, image data). All order data is used exclusively for processing and delivery purposes and is subject to legal retention obligations, particularly financial regulations. For this reason, we store this data for 10 years.
15. final provisions
We may amend and supplement this privacy policy at any time. We will provide information about such amendments and additions in an appropriate form, in particular by publishing the current privacy policy on our website.