Privacy Policy (FADP)
Miamgo · miamgo.shop — Version 2.7
1. Controller
The controller is Stéphane Decor, Spalenring 63, 4055 Basel, Switzerland ("Miamgo", "we"). "Miamgo" is a trade name; it does not designate a separate legal entity. Contact: contact@miamgo.shop.
2. Legal framework
This document describes the processing of personal data carried out via the miamgo.shop Platform (website and application), in accordance with the revised Federal Act on Data Protection (FADP, SR 235.1) and its ordinance (DPO). Processing is lawful, carried out in good faith and in a proportionate manner (art. 6 FADP).
3. Categories of data processed
Customers: e-mail address (mandatory in order to place an order, including without an account); mobile telephone number (provided voluntarily, normalised to E.164); order content (Products, Merchant, location, time slot, amount); if an account exists: preferences (language), history. For orders without an account (guest checkout), the e-mail and telephone number are temporarily stored in the browser's local cache (localStorage) for thirty (30) days, for the sole purpose of pre-filling the form for a subsequent order; this data never leaves the device and is automatically deleted upon expiry of that period.
Frequentation fingerprint: derived from the e-mail address of the Order (pre-order) or of the receipt (counter sale) via a cryptographic function with a secret key specific to each Merchant. Only this fingerprint is processed for this purpose; never the address in clear text, never an identifier allowing two Merchants to be correlated.
Payment data: processed directly by Stripe; Miamgo stores neither card numbers nor banking data.
Technical data: minimal, necessary for operation and for combating abuse (e.g. rate limiting), security logs.
Merchants: identity (KYC/KYB) is processed by Stripe, a separate controller, and not stored by Miamgo.
Miamgo does not process sensitive data within the meaning of the FADP and takes no automated individual decision (art. 21 FADP). The frequentation indicator described above constitutes, where applicable, profiling within the meaning of art. 5 lit. f FADP; it does not constitute high-risk profiling within the meaning of art. 5 lit. g FADP, for want of a linking of data permitting an assessment of essential aspects of the personality of a natural person.
4. Purposes
To perform the Order and enable collection (performance of the contract).
To send the confirmation, the collection token and the order information (performance of the contract).
To contact the Customer by SMS for confirmations and urgent alerts relating to their Order (performance of the contract). No SMS is sent until a provider is activated.
To process refunds and complaints (performance of the contract).
To prevent fraud and abuse (legitimate interest).
To calculate, for each Merchant and solely in the form of the pseudonymised fingerprint described above, a frequentation indicator of its customer base (already visited / never visited) — never an identification of the person in that result, never tracking from one Merchant to another (legitimate interest).
To send the Merchant, by electronic mail, information and offers relating to the service it uses, in particular a subscription offer (performance or preparation of the contract; art. 3 para. 1 lit. o of the Unfair Competition Act, SR 241, which reserves a provider's own customers for similar services). Every message includes a simple and free means of refusing further messages.
To comply with legal obligations (accounting, taxation) (legal obligation).
5. Recipients and processors
Merchants: for the performance of Orders (data strictly necessary for collection).
Stripe (Stripe Payments Europe Ltd, Ireland, and affiliated entities): payment processing and identity verification of Merchants — processor for payment, separate controller for identity data (KYC/KYB).
Infomaniak (Switzerland): hosting and sending of transactional e-mails.
SMS service provider (category): sending of transactional messages. No provider has yet been contracted; its identity will be published here as soon as it is appointed.
No sale or rental of data to third parties; no data transferred for advertising purposes. Processors are bound by contractual guarantees of security and confidentiality (art. 9 FADP).
6. Hosting and disclosure of data abroad
Data is hosted in Switzerland (Infomaniak). Disclosure abroad takes place only where the Federal Council has established that the State concerned has legislation ensuring an adequate level of protection (art. 16 para. 1 FADP; the recognised States, territories, sectors and bodies are listed in Annex 1 to the DPO, art. 8 para. 1 DPO) or, failing that, subject to one of the safeguards under art. 16 para. 2 FADP. Stripe Payments Europe Ltd is established in Ireland. Certain data is processed by Stripe group entities established in the United States. Transfers to group entities established in a State, territory or sector not listed in Annex 1 rely on the standard data protection clauses recognised by the FDPIC (art. 16 para. 2 lit. d FADP). The same would apply to any foreign SMS provider retained at a later date. The recipients are those listed in section 5.
7. Retention period
Data is kept for as long as necessary for the purposes and legal obligations, in particular the retention of accounting records for ten (10) years (art. 958f CO). The e-mail of an order placed without an account (guest) is anonymised twelve (12) months after the time slot; the Order and its amounts are kept for accounting purposes. The conflict with the right to erasure is resolved by pseudonymisation: the identity is replaced by a token, while the accounting entries (amounts, dates, VAT) remain intact. Account data is kept until deleted by the Customer, then pseudonymised. The guest local cache (localStorage) expires after thirty (30) days with auto-purge. The frequentation fingerprint follows its own rolling retention period of twenty-six (26) months, independent of that of the address from which it is derived: purging one does not trigger the purging of the other.
8. Data security
Miamgo implements appropriate technical and organisational measures (art. 8 FADP; DPO): encryption of communications, absence of payment data in its systems, absence of personal data or access tokens in the logs, access control and traceability, strong authentication (MFA) for administration, data minimisation.
Miamgo keeps a record of its processing activities, although it is exempt from doing so as a natural person employing fewer than 250 employees (art. 12 para. 5 FADP and art. 24 DPO), and concludes with its processors the required processing agreements (art. 9 FADP). Any breach of data security likely to entail a high risk to the personality or fundamental rights of a data subject is notified to the FDPIC as soon as possible (art. 24 FADP).
9. Rights of data subjects
Every data subject has the right of access (art. 25 FADP), the right to the release or transfer of their data (art. 28 FADP), the right to require the rectification of inaccurate data (art. 32 para. 1 FADP), the right to request a prohibition on a specified processing or disclosure as well as the erasure or destruction of data (art. 32 para. 2 FADP), and the right to object to processing (art. 30 para. 2 lit. b FADP). Where processing is based on consent, that consent may be withdrawn at any time.
These rights are exercised at contact@miamgo.shop; a response is generally provided within 30 days and free of charge. The data subject may also contact the Federal Data Protection and Information Commissioner (FDPIC).
10. Cookies and trackers
The Platform uses only cookies strictly necessary for its operation (session, security). No advertising trackers. If audience-measurement tools are added, a compliant consent banner will be put in place.
11. Amendments
This policy may be updated. The version in force is dated and published on miamgo.shop.
12. Contact
For any question or request relating to data protection: contact@miamgo.shop — Stéphane Decor, Spalenring 63, 4055 Basel.