On AG, Förrlibuckstrasse 190, 8005 Zurich, a Swiss Corporation (“Aktiengesellschaft”) or the respective On group company, which according to the respective data protection laws applicable to you is responsible for the processing of your personal information (hereinafter referred to as “On” or “we/us”) is committed to responsibly handling your personal information. This privacy notice explains how we collect, use, disclose, retain, and protect your personal information, and certain rights you may have relating to such use (the “Privacy Notice”). If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please feel free to reach out to our Data Privacy Officer using the details set forth at the end of this Privacy Notice. We reserve the right to change or modify any of the terms and conditions contained in this Privacy Notice, at any time and at our sole discretion. To the extent permitted by law, any changes or modification will be effective immediately upon posting of the revisions on our website(s) without further notice. Last revised: February 2022.
Personal information is data that can be used to identify you or that we can otherwise link to you (the “Personal Information”). In particular, we collect certain Personal Information that you voluntarily provide to us, for example when you communicate with us via email or other channels, when you sign up for or ask us to send you newsletters or other materials, when you sign up for an event, when you buy our products or otherwise use one of your services. The Personal Information we collect includes, but is not limited to, your name, postal address, e-mail address, phone number, date of birth, credit card information, language preference and business affiliations.
We use your Personal Information to offer you our products and provide you with and improve our services as well as for communication purposes, including sending you newsletters, invitations to events, promotions, and to maintain our list of contacts.
You may also elect to receive text messages from us (for example, about promotional offers), by signing up for this service on our website. These messages may use information automatically collected based on your actions while on our sites and may prompt messaging (such as cart abandon messages). To offer this service, we collect and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages.
When processing your Personal Information for the purposes described herein, we rely on your consent to this Privacy Notice, our legitimate interests in maintaining business relationships and communicating with you and/or our performance of any contract or another ground for lawful processing of your Personal Information under the applicable laws and regulations.
We may disclose your Personal Information to the following parties for the following purposes:
On group companies, which may use it to:
• provide joint content and services (e.g., customer support);
• help detect, investigate, mitigate and prevent potentially fraudulent and illegal acts or violations of our contracts and data security breaches;
• provide you personalized advertising;
• improve products, sites, applications, services, tools and marketing communications; and
• send you marketing communications if you have consented to receive such communications or if otherwise permitted by the law.
Service providers and financial institutions partners as follows:
• third-party service providers, which help us to provide our services, provide payment processing services, assist us in providing customized advertising, assist us with the prevention, detection, mitigation, and investigation of potentially illegal acts, violations of our contracts, fraud and/or security breaches, and assist us with bill collection and other business operations;
• third-party financial institutions with which we partner to offer financial products to you, for them to provide joint content and services (such as, registration, transactions and customer support). These third-party financial institution partners will use your Personal Information to send you marketing communications only if you have requested their services;
• third-party postage providers (e.g., Swiss Post, DHL, UPS, USPS, etc.) with which we share delivery addresses, contact information and shipment tracking information for the purposes of facilitating the delivery of items purchased and other delivery related communications; and
• third-party providers of websites, applications, services and tools that we cooperate with so that they advertise our products on their websites or in their applications, services and tools. If we transfer Personal Information to third-party providers, this will be solely on the basis of an agreement limiting the use by the third-party provider of such Personal Information to processing necessary to fulfil their contract with us and obligating the third-party provider to take security measures with regard to such data. Third-party providers are not permitted to sell, lease or in any other way transfer the Personal Information included in your listings to third parties.
Law enforcement, legal proceedings and as authorized by law:
• to comply with our legal requirements, enforce our contracts, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property or safety;
• to law enforcement or governmental agencies, or authorized third-parties, in response to a verified request or legal process. We will only disclose information we deem relevant to the investigation or inquiry, such as name, city, state, postcode, telephone number, email address, user ID history, IP address, fraud complaints, bidding and listing history;
• to third parties involved in a legal proceeding, if they provide us with a subpoena, court order or substantially similar legal basis, or we otherwise believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity; and
• if a transaction fails, is put on hold, or is later invalidated, we may also provide the other user with details of the unsuccessful transaction.
We may disclose your Personal Information to Klarna GmbH (a company that provides financial services, for example for online payment processing) and its group:
• to prevent, detect, mitigate, and investigate potentially illegal acts, fraud and/or security breaches, and to assess and manage risk, including to alert you if fraudulent activities have been detected on your On account;
• to provide customer services, including to help service your account or resolve disputes (e.g., billing or transactional disputes);
• to facilitate the processing of payment cards when you pay for our services with a payment card and we use Klarna GmbH to process your payment; and
• to facilitate delivery and related services for purchases you made using Klarna GmbH.
We may also disclose your Personal Information to provide information, on a need to know basis, to future purchasers or merger partners of all or a portion of On or any of our group companies.
We store your Personal Information only for as long as necessary for the purposes described above. How long we retain Personal Information can vary significantly based on context of the services we provide and on our legal obligations. The following factors typically influence retention periods: • How long is the Personal Information needed to provide our services? This includes such things as maintaining and improving the performance of our products, keeping our systems secure, and maintaining appropriate business and financial records. This is the general rule that establishes the baseline for most of our data retention periods. • Is the Personal Information sensitive? If so, a shortened retention time is generally appropriate. • Have you provided consent for a longer retention period? If so, we will retain data in accordance with your consent. • Are we subject to a legal, contractual, or similar obligation to retain your Personal Information? Examples can include mandatory data retention laws in the applicable jurisdiction, government orders to preserve data relevant to an investigation, or Personal Information retained for the purposes of litigation. After it is no longer necessary for us to retain your Personal Information, we will dispose of it in a secure manner according to our data retention and deletion policies.
Cookies are small text files that are downloaded to your device by visiting our website or opening our marketing related emails. A cookie will usually contain the name of the website from which the cookie has come from, the “lifetime” of the cookie (i.e., how long it will remain on your device) and a value, which is usually a randomly generated unique number. Cookies (including third-party cookies such as tracking technologies provided by Google Analytics) are in particular used to ensure and improve the functionality of the website or for general marketing purposes by providing information on interaction of unique browser-device pairs with the website (such as number of sessions, pageviews, clicks and ecommerce interactions and time spent), statistical information on interaction with the website (including referrals thereto, popularity of certain content, accessing users’ categories, markets, regions, languages, demographics, browser and device types and similar information), or statistical information on interaction with our marketing emails (such as if they have been opened or forwarded or links have been clicked on). Cookies are also used to provide you with personalized advertising on third party websites and/or apps for your specific interests. Third-party service providers such as Google, Rockerbox, Wunderkind, Dynamic Yield may track your use of our website, combine this information with information from other websites you have visited (and which they also track) and use such combined information for their own purposes. If you have registered with the respective service providers, they may be able to identify you. In these instances, their processing of your Personal Information will be governed by their privacy policies. Most internet browsers are initially set up to automatically accept cookies. You may change your browser settings to delete and block cookies. By continuing to use our website without changing your settings (or using the add-on, as applicable) you consent to our and our third-party service providers’ use of cookies. If you would like more information about cookies, we can recommend www.aboutcookies.org and www.allaboutcookies.org as helpful resources. Both websites also provide instructions on how to reject cookies if you would like to do so.