I. What do we do?

BENSON GASCON STUDIOS GMBH, Mattenhofstrasse 10, 3007 Bern, is the operator of the website www.bensongascon.ch and any domain related to this website (hereinafter referred to as «we»). On our websites, we offer services and information in connection with tattoo work and design.

We are responsible for the collection, processing, and use of your data and ensure compliance with Swiss law. The protection of your personal data is of great concern to us.

II. What do we inform about?

  • What data is collected on www.besongascon.ch and www.tattoo.bensongascon.ch;
  • Under what circumstances we may process your data and for what purpose;
  • How long we may keep your data;
  • In which cases we pass on data to third parties;
  • How we process your data;
  • When and how you can object to data processing;
  • What rights you have and how you can assert them.

III. General principles

1. What data do we collect from you and from whom do we receive this data?

First and foremost, we process personal data that you provide to us or that we collect when operating our websites. We may also receive personal data about you from third parties. This may include the following categories:

  • Personal master data (name, address, dates of birth, etc.);
  • Contact details (mobile phone number, email address, etc.);
  • Financial data (e.g. account details, etc.); 
  • Online identifiers (e.g. cookie identifier, IP addresses, etc.);
  • Images and videos; 

This data may originate from the following sources:

  • publicly available sources (e.g. media, internet, social media);
  • public registers (e.g. commercial register, debt collection register, land register);
  • administrative or judicial proceedings;
  • Information about you that is given to us by people close to you so that we can conclude or process contracts with you;
  • the use of our websites.

2. Under what conditions do we process your data? 

We process your data in good faith and for the purposes set out in this privacy policy. In doing so, we ensure a transparent processing that is limited to the necessary information. 

If, in exceptional cases, we are unable to comply with these principles, the data processing may still be legitimate because there is a justification. The legal basis of such a justification could be:

  • Your consent;
  • the fulfilment of a contract or pre-contractual measures;
  • the fulfilment of legal requirements;
  • our legitimate interests, unless your interests do not prevail;
  • the safeguarding of vital interests of you or another person or for the performance of a task in the public interest;
  • other relevant legal bases.

You may be required to provide us with certain personal information in order for us to do business with each other. Without such data, we are usually not able to fulfill a contract.

The websites may not fully function if certain traffic security information, such as your IP address, is not disclosed.

3. How can you withdraw consent?

If you have given us your consent to process your personal data for specific purposes, we will process your data within the scope of this consent, unless there is another legal basis. 

You can revoke your consent at any time by sending an e-mail toinfo@bensongascon.ch. The revocation is only effective for the future, data processing that has already taken place is not affected.

4. In which cases can we pass on your data to third parties?

a. In general 

We may rely on the services of third parties or affiliates to process your information. We ensure that the recipients comply with the requirements of data protection. Categories of such recipients are namely:

  • Accounting, fiduciary and auditing firms;
  • Consulting companies (legal advice, taxes, etc.);
  • IT service providers (web hosting, support, cloud services, website design, etc.);
  • Payment service providers;
  • Providers of tracking, conversion and advertising services.

We may also be required to disclose your information to government authorities.

b. International transfer 

Under certain circumstances, your personal data may be transferred to subcontractors abroad. These companies are obligated to data protection to the same extent as we are. The transfer may take place worldwide.

If the level of data protection does not correspond to that in Switzerland, we carry out a prior risk assessment and ensure that the same level of protection is guaranteed as in Switzerland (e.g. by means of the new standard contractual clauses [SCCs] of the EU Commission or other measures prescribed by law). If our risk assessment indicates that the SCCs do not provide sufficient safeguards, we will take additional technical measures to protect your data. You can access the EU Commission’s SCCs at: https://ec.europa.eu/info/system/files/1_en_annexe_acte_autonome_cp_part1_v5_0.pdf

5. How long do we keep your data?

We store personal data only for as long as is necessary to fulfill the individual purposes for which the data was collected. 

Data that we store when you visit our websites is kept for twelve months. An exception is made for analytics and tracking data, which may be retained for longer. 

We store contract data for longer, as we are obliged to do so by legal regulations. In particular, we must retain business communication, contracts and accounting vouchers for up to 10 years. As far as we no longer need such data from you to perform the services, the data will be blocked and we will only use it for accounting and tax purposes. 

6. How do we protect your data?

We will keep your information secure and take all reasonable steps to protect your information from loss, access, misuse or alteration. 

Our subcontractors and employees who have access to your data are obliged to comply with the provisions of data protection law. In some cases it will be necessary for us to pass on your enquiries to affiliated companies. In these cases, too, your data will be treated confidentially.

Within our websites we use the SSL procedure (Secure Socket Layer) in connection with the highest encryption level supported by your browser.

7. What rights do you have?

a. Right to information and data transmission 

You can request information about the data we hold about you at any time. We kindly ask you to send your request for information together with proof of identity to info@bensongascon.ch.

You also have the right to receive your data in a commonly used file format or (if technically feasible) to have your data transferred to a third party if we process your data automatically and if:

  • you have given your consent for the processing of this data; or
  • you have disclosed data in connection with the conclusion or fulfilment of a contract.

We may restrict or refuse to provide information or data if this conflicts with our legal obligations, our own legitimate interests, public interests or the interests of a third party.

The processing of your request is subject to a period of 30 days. However, we may extend this period due to a high volume of requests, for legal or technical reasons, or because we need more detailed information from you. You will be informed of the extension of the deadline in due time.

b. Right to erasure and rectification 

You can at any time request the deletion or correction or completion of your data. We can reject the request if legal regulations oblige us to store the data for a longer period of time or to store it unchanged, or if we can provide legal justification to deny your request.

Please note that the exercise of your rights may, under certain circumstances, conflict with contractual agreements and have corresponding effects on the execution of the contract (e.g. premature termination of the contract or cost consequences).

c. Complaint

If you are affected by the processing of personal data, you have the right to enforce your rights in court or to lodge a complaint with the competent supervisory authority. The competent supervisory authority in Switzerland is the Federal Data Protection and Information Commissioner: http://www.edoeb.admin.ch.

IV. Data processing operations when visiting our websites

1. Provision of the websites and creation of log files

What information do we receive and how do we use it?

By visiting www.bensongascon.ch or www.tattoo.bensongascon.ch, certain data is automatically stored on our servers or on servers of services and products that we obtain and / or have installed, for system administration purposes, for statistical or backup purposes or for tracking purposes. These are:

  • your IP address (under certain circumstances);
  • the version of your browser software;
  • the operating system of the computer used to access www.bensongascon.ch or www.tattoo.bensongascon.ch;
  • the date and time of access;
  • the website from which you are visiting www.bensongascon.ch or www.tattoo.bensongascon.ch;
  • the search terms you used to find www.bensongascon.ch or www.tattoo.bensongascon.ch.

Why are we allowed to process this data?

This data cannot be assigned to a specific person and there is no consolidation of this data with other data sources. The log files are stored in order to guarantee the functionality of the websites and to ensure the security of our information technology systems.

How can you prevent data collection?

The data is only stored for as long as is necessary to achieve the purpose for which it was collected. Accordingly, the data is deleted after the end of each session. The storage of the log files is absolutely necessary for the operation of the websites, you therefore have no possibility to object to this.

2. Cookies

How do cookies work?

Our websites use cookies. Cookies are sets of data or snippets of information (mostly so called database files). Cookies consist of pairs of data, each pair with a value and a key. The cookie information is stored on the operating system of your device with the help of the browser when you visit our websites. Cookies do not cause any damage to your computer and do not contain viruses.

What information do we receive and how do we use it?

Most of the cookies we use are so-called “session cookies”. They are automatically deleted after the end of your visit. Other cookies remain stored on your device until you delete them. The purpose of these cookies is to save your preferences (e.g. language and location settings), the quick provision and attractive presentation of website content (e.g. through the use of fonts and content delivery networks) and the analysis of the use of this website for statistical evaluation as well as for continuous improvements (usually by means of third-party cookies).

Why may we use cookies?

We use cookies so that we can make our websites more user-friendly, effective and secure.

How can you prevent data collection via cookies?

The cookies are stored on your computer. You therefore have full control over the use of the cookies. You can delete them completely or deactivate or restrict the transfer by changing the settings in your browser. If cookies are deactivated for our websites, it may no longer be possible to use all the functions of the websites to their full extent. Instructions for the most popular browsers can be found here:

3. Tracking-Tools

a. GoogleAnalytics

How does Google Analytics work?

Our websites use Google Analytics, a service provided by Google Inc. from the United States. Google Analytics is integrated with Google Tag Manager. 

Google uses cookies that are stored on your device and enable an analysis of your behavior on our websites. The information generated by the cookie about your behavior will be transmitted to and stored by Google on servers in the United States. 

We have added the code “anonymizeIP” to Google Analytics. This ensures that all data is collected anonymously. Only in exceptional cases will the full IP address be transferred to a Google server in the United States and shortened there. 

Why may we use Google Analytics?

Google evaluates the collected data on our behalf, so that we can get a picture of the visits and user behavior on our websites. This enables us to improve our services and the websites content as well as their design.

How can you prevent Google Analytics from collecting your data?

You can prevent the storage of cookies by adjusting the settings in your browser accordingly (see our comments on cookies). You can deactivate Google Analytics by downloading and installing the Google browser add-on.

b. Facebook Pixel 

How does Facebook Pixel work?

Our websites use the visitor action pixel from Facebook, Meta Platforms, Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”) for conversion measurement. This allows us to track your behavior to the extent that you were redirected to our websites by clicking on a Facebook ad. This allows us to evaluate the effectiveness of the Facebook ads for statistical and market research purposes and to optimize future advertising measures (so-called conversion). In addition, we use Facebook Pixel to show our Facebook ads only to those people who are already interested in our offers or have similar interests. For this purpose, we may forward certain personal data to Facebook in order to create target groups to which our personalized advertising is to be sent (so-called Custom Audiences).  

What information do we receive and how do we use it?

The data collected by the Facebook pixel is anonymous for us. We cannot draw any conclusions about the identity of the users. However, the data is stored and processed by Facebook so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes in accordance with the Facebook data usage policy. This enables Facebook to serve ads on Facebook pages as well as outside of Facebook. This use of the data cannot be influenced by us as page operator.

How can you prevent data collection?

See https://www.facebook.com/about/privacy/ for more information about protecting your privacy. You can also disable the “Custom Audiences” remarketing feature in the FacebookAds Settings section. You must be logged in to Facebook to do this. If you do not have a Facebook account, you can opt out of Facebook’s usage-based advertising on the European Interactive Digital Advertising Alliance website.

4. Inclusion of invisible content: Google Web Fonts

We include Web Fonts from Google on our websites for the uniform display of fonts whis is not visible to you (For more information, see the Privacy Policy of Google).

How does the integration work? 

When you call up a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly. For this purpose, the browser you are using must connect to the servers of Google. This enables Google to know that our websites have been accessed via your IP address. If your browser does not support web fonts, a default font will be used by your computer.

Why are we allowed to include this content?

The use of web fonts is in the interest of a uniform and appealing presentation of our online offers. 

5. Embedding visible content: 

Social media icons

On our websites we have embedded links to our company pages as well as to the personal pages of our (guest) artists and employees on social networks such as Facebook and Instagram. This is typically visible to you via the corresponding icons. If you click on the icons, you will be redirected to the pages on the respective social network. These icons, are not so-called plug-ins, which allow social media providers to track your activities on our website. 

However, as soon as you visit our website on Facebook and Instagram, it is possible that the respective social media provider registers your visit and assigns it to your user account. The processing of your personal data is then the responsibility of this operator in accordance with its data protection provisions. The operators may use the collected data for their own purposes. We would like to point out that we have no knowledge of the content of the transmitted data or its use by the operators.

V. Data processing operations in the event of contact

1. Contact form

What information do we receive and how do we use it?

On our websites you can contact us via an electronic contact form. The data you enter in the input mask, such as name, e-mail address, etc., will be transmitted to us and stored. 

The data you provide will be used to process your request. 

Why are we allowed to process this data?

The legal reason for this is pre-contractual measures or our legitimate interests in the processing of the enquiry.

2. Email

What information do we receive and how do we use it?

You have the possibility to contact us by e-mail. If you contact us by e-mail, the following data will be processed:

  • e-mail address;
  • content, subject and date of your email;
  • contact data provided by you (e.g. name, telephone number, address, if applicable).

Why are we allowed to process this data?

Your details will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. The legal reason for this is pre-contractual measures or our legitimate interests in the processing of the enquiry.

Security note: We would like to point out that e-mails can be read or changed unauthorized and unnoticed during transmission. The spam filter can reject e-mails if they are identified as spam by certain characteristics.

VI. Does our privacy policy always remain the same?

We may change this privacy policy at any time. The changes will be published on www.bensongascon.ch or www.tattoo.bensongascon.ch, you will not be informed separately.

VII. How can you get in touch with us?

If you have any questions or concerns about how we protect your information, you can reach us at any time by e-mail at info@bensongascon.ch.

Responsible for the data processing carried out through our websites is: 

Mattenhofstrasse 10
3007 Bern

e-mail: info@bensongascon.ch.