SCOPE OF APPLICATION

The Privacy Policy applies between:

The "User" as defined below, on one hand,

And the sole proprietorship Aurélie Garcia - Aureya Yoga, Avenue Gustave-Doret 5 - 1800 Vevey - Switzerland (IDE: CHE-266.763.259), represented by Ms. Aurélie Garcia, in her capacity as Manager, hereinafter referred to as "AUREYA YOGA," on the other hand.
 



The User and AUREYA YOGA are individually referred to as a "Party" and collectively as the "Parties."

Any terms or clauses contrary to the Privacy Policy shall be deemed null and void unless explicitly mentioned otherwise by AUREYA YOGA on the Website.

DEFINITIONS



The terms beginning with a capital letter have the meaning attributed to them below: 

Privacy Policy: this document, defining the respective rights and obligations of the User and AUREYA YOGA regarding the processing of personal data collected from the Website. The Privacy Policy may be updated at any time. Each User must refer to the most recent version available on the Website.  



Website: refers to AUREYA YOGA's website accessible via the URL https://aureyayoga.com/ and the registration pages for AUREYA YOGA's services https://aureyayoga.com/links (or any new URL that may replace and/or supplement these two addresses).

User(s): any natural person who accesses and uses the Website, including but not limited to consulting it, purchasing paid Services, subscribing to free Services, contacting AUREYA YOGA, requesting the Newsletter, etc. 



Service(s): refers to any Service offered by AUREYA YOGA and available on the Website, whether for sale or free upon registration.

Data controller: refers to AUREYA YOGA in accordance with the provisions of the Swiss Federal Data Protection Act in force since June 19, 1992 (DPA) and the General Data Protection Regulation (GDPR) in force in the European Union since May 25, 2018, as AUREYA YOGA determines the purposes and means of processing personal data.

PURPOSE OF THE PRIVACY POLICY

This Privacy Policy aims to inform Users of the Website about the rules governing the protection of personal data they own, applicable in the context of processing their personal data collected from the Website by AUREYA YOGA as the Data controller, as well as the rights they have.

ACCEPTANCE OF THE PRIVACY POLICY



Access to and use of the Website by the User constitute unconditional acceptance of this Privacy Policy. The User declares and acknowledges that they have read and accepted the Privacy Policy before transmitting any Personal Data to AUREYA YOGA. 

PERSONS UNDER 18 YEARS OLD

This site is not legally authorized for individuals under the age of 18.

AUREYA YOGA does not intend to collect personal data from minors under the age of 18 on the Website.

Minors under the age of 18 must obtain permission from their parents or legal guardians before providing personal data to AUREYA YOGA on the Website.

PROTECTION OF PERSONAL DATA



Throughout the User's access and use of the Website, AUREYA YOGA may lawfully and fairly collect information that directly or indirectly identifies the User (referred to as "Personal Data").

Purposes of collection

Personal Data is collected by AUREYA YOGA for explicit, specified, and legitimate purposes, listed below: 


Indeed, Personal Data is mandatory and necessary for:

 
- Registration and access to AUREYA YOGA's free Services ;


The legal basis is: the execution of the General Terms and Conditions of Sale between the User and AUREYA YOGA


- Registration for a waiting list, purchase, and access to paid Services ;

The legal basis is: the execution of the General Terms and Conditions of Sale between the User and AUREYA YOGA

 
- Commercial and marketing operations of AUREYA YOGA ; 


The legal basis is: the consent given by the prospective User or the legitimate interest of AUREYA YOGA when the User is a Client for the promotion of similar products or services to the Client


- Sending the Newsletter and non-commercial prospecting ; 


The legal basis is: AUREYA YOGA’s legitimate interest in communicating and maintaining relationships with the User


- Creation of a personal account on the Website ; 


The legal basis is: the execution of the General Terms and Conditions of Sale between the User and AUREYA YOGA


- Recording User preferences through cookies ; 


The legal basis is: the User’s consent regarding non-functional cookies


- Proper operation and improvement of the Website ;


The legal basis is: AUREYA YOGA’s legitimate interest in analyzing the use of the Website and improving it


- Managing relationships with Users, responding to requests, and handling complaints ;

The legal basis is: the execution of the General Terms and Conditions of Sale between the User and AUREYA YOGA or AUREYA YOGA’s legitimate interest in meeting Users’ needs and asserting each party’s rights.

Collected information

Users explicitly acknowledge that refusing to provide their personal data may prevent the proper functioning, provision, access, and use of the Website and Services.

AUREYA YOGA’s liability cannot be engaged by the User in such cases. 

Personal data collected includes: 



- Identity-related information (title, name, surname, email address, mailing address, country of residence, phone number, profile picture, social media accounts) ; 


- Professional status information (job title, company legal details, business email, etc.) ; 


- Payment information (credit card numbers) ;

- Browsing information (IP address, browser type, navigation duration, operating system, language, pages viewed) ; 

- Website visit statistics (traffic data) ; 

- User reviews and testimonials. 

Personal data is collected when the User provides it to AUREYA YOGA through:

- Registration forms for free Services available on the Website ; 


- Order forms for paid Services available on the Website ; 


- Personal account creation forms ; 


- Contact forms ; 


- Newsletter subscription forms.



Personal data is also collected through cookies:  


A "cookie" is a small file that records information about a user's browsing activity on a website. The data obtained allows for audience measurement, for example.

The websites https://aureyayoga.com and https://aureyacoaching.com contain hyperlinks to other sites and disclaim all responsibility for these external links or links created by other sites to https://aureyayoga.com and https://aureyacoaching.com.

Users have the option to accept or refuse cookies by modifying their browser settings. No cookies will be stored without their consent.

Browsing the websites https://aureyayoga.com and https://aureyacoaching.com may result in the installation of cookies on the User’s computer:

- Functional, performance, functionality, advertising, and social cookies, including both internal and third-party cookies.

Processing of personal data by AUREYA YOGA

"Processing" refers to all actions performed by AUREYA YOGA on personal data, such as collection, recording, consultation, use, storage, transmission, or backup.

AUREYA YOGA processes personal data to:


- Development of the Website:


o Allow Users to access and use the Website; 


o Enable Users to make purchases and payments via the Website; 


o Allow Users to communicate with AUREYA YOGA through the Website;

o Manage, protect, improve, and optimize the Website through statistics, analyses, and studies;


o Provide Users with information about the Services available on the Website, as well as updates and notifications;


o Assess and improve marketing actions related to the Services available on the Website.



- Managing the Relationship with Users:  


o Verify or authenticate the information or identifications provided by Users;

o Communicate commercial and advertising information;


o Send the newsletter; 


o Conduct surveys, satisfaction studies, evaluations, and collect reviews on the Services used/purchased by the User;


o Provide customer service tailored to Users’ needs;


o Comply with AUREYA YOGA’s legal and contractual obligations;


o Resolve potential disputes with Users. 


The User expressly acknowledges that refusing any of the processing operations carried out on their personal data may prevent the proper functioning, provision, access, and use of the Website, Services, and commercial or marketing operations they have subscribed to or that arise from their contractual relationship with AUREYA YOGA. In such a case, AUREYA YOGA cannot be held liable by the User.  

Sharing of personal data with third parties

AUREYA YOGA may share personal data with third parties: 
AUREYA YOGA may “subcontract,” within the meaning of European regulation No. 2016/679 on the protection of personal data, all or part of the execution of its Services, as well as marketing and commercial activities, to technical service providers and suppliers (including third-party solutions, websites, and platforms).

The website https://aureyayoga.com is hosted by PlanetHoster, meaning that all data you transmit via the internet to https://aureyayoga.com is stored in Switzerland or France.

The IT management of https://aureyayoga.com is handled by Madame Clotilde MIGNON at clotilde@digitalee.ch.

The website https://aureyacoaching.com is hosted by OVH SAS, 2 rue Kellermann - 59100 Roubaix - France, and the processing of personal data transmitted to https://aureyacoaching.com is entrusted to OVH SAS.


The automation of email campaigns (including newsletters) is subcontracted to a marketing solution specified in the marketing emails themselves.

The payment solution used on the Website for transactions made by Users is subcontracted to an online payment service provider, mentioned in the payment form.

Compliance with legal and contractual obligations, as well as the management of claims, disputes, and legal proceedings involving either AUREYA YOGA or the User, may require the sharing of personal data with courts, legally authorized third parties, legal advisors, and lawyers representing AUREYA YOGA.


Subcontractors will be authorized to process Users' personal data on behalf of AUREYA YOGA, strictly to fulfill the purposes outlined in the Privacy Policy.

Sharing personal data is necessary and mandatory for the proper functioning of the Website, as well as for the provision of Services and marketing or commercial operations to which the User has subscribed or that result from their contractual relationship with AUREYA YOGA.


The User expressly acknowledges that refusing to share their personal data with third parties may prevent the proper functioning, provision, access, and use of the Website and Services. In such a case, AUREYA YOGA cannot be held liable by the User.

Retention period

AUREYA YOGA retains personal data only for the duration necessary to fulfill the purposes for which they were collected, in accordance with legal and regulatory requirements. As an indication:

- Billing and transaction data: 10 years (Swiss accounting obligation).

- Marketing and newsletter data: Until unsubscribed or up to 3 years after the last interaction.

- Browsing data and cookies: according to browser settings and applicable regulations (generally a maximum of 13 months).

User rights

The User has the right to access, rectify, modify, oppose, port, and delete their Personal Data by making a request to info@aureyayoga.com.

However, these rights may be restricted under certain circumstances, including:

- Legal and accounting obligations: certain data must be retained (e.g., invoices, tax documents).

- Dispute management: some data may be kept to protect AUREYA YOGA’s legal interests (e.g., proof of purchase or subscription to a service).

- Legitimate interest: when data processing is necessary to fulfill contractual needs or ensure the proper functioning of the website and services.

In these cases, deletion or opposition can only be executed once these legitimate reasons no longer apply.

When making a request, the User must provide: their full name, email, and address.


In compliance with applicable regulations, any request must be signed and accompanied by a copy of an identity document bearing the User’s signature.

AUREYA YOGA commits to responding to the User within one (1) month from the date of the request. Any costs related to sending and retrieving the data are borne by the User.

It is also noted that, in accordance with current regulations, the right to object, data portability, or deletion cannot be exercised if there are compelling and legitimate reasons to maintain data processing, such as access and use of the subscribed Services or the execution of contractual relationships between the User and AUREYA YOGA.

SECURITY

All data is transmitted securely using SSL (Secure Socket Layer) encryption.

AUREYA YOGA implements and ensures that internet service providers apply appropriate technical and organizational security measures to protect personal data against destruction, loss, alteration, disclosure, unauthorized access, modification, or dissemination.

However, data transfer occurs in an unencrypted form; therefore, AUREYA YOGA cannot guarantee the security of your data during its transmission on the Site.

In the event of a personal data breach that may pose a risk to the rights and freedoms of affected individuals, AUREYA YOGA commits to:

- Notify the competent data protection authority within 72 hours of becoming aware of the incident, unless the breach does not present a risk to users’ rights and freedoms.

- Inform affected individuals as soon as possible if the breach poses a high risk to their rights and freedoms.

- Implement corrective measures to prevent future incidents.

ONLINE ORDERING

Online orders are processed via SSL-encrypted communication provided by merchant services such as Visa and MasterCard.

During the online ordering process, the User provides full contact details, including (first name, last name, address, city, country, email address, phone number, credit card number, name on the card, expiration date, CVV2 code on the back of the card, and sometimes, a password for creating a customer account). AUREYA YOGA does not share this information with third parties. The User should consider all this information as provided to the Site only. Credit card details and CVV codes are not stored by AUREYA YOGA. The information is used strictly for processing User requests and remains highly confidential.

LIABILITY

AUREYA YOGA can only be held liable for direct damages caused to the User in connection with the execution of this Privacy Policy, provided the User demonstrates that AUREYA YOGA was responsible for the damage. AUREYA YOGA is not liable for damages resulting from virus infections, third-party intrusions, hacking or situations where AUREYA YOGA could not fulfill its obligations due to the User’s failure to comply with their own obligations. 

The total financial liability of AUREYA YOGA towards the User, regardless of the cause, shall not exceed the amount paid by the User for the subscribed paid service.

PRIVACY POLICY UPDATES

This Privacy Policy may be updated to reflect legislative, regulatory, or operational changes.

In the event of a substantial change affecting how AUREYA YOGA processes personal data, Users will be notified via:

- An email sent to Users subscribed to the newsletter or with an active account,

- An updated "last modified" date displayed at the bottom of this policy.

Users are encouraged to regularly check this page to stay informed about any updates.

Continued use of the Site after modifications constitutes acceptance of the changes.

MISCELLANEOUS PROVISIONS

Force majeure

The Parties shall not be held liable for any failure to fulfill their obligations resulting from the occurrence of a force majeure event, as defined by legislation and case law. 

Waiver

Failure by either Party to enforce one or more provisions of this Privacy Policy shall in no way constitute a waiver of that Party’s right to enforce such provisions at a later time.

Nullity

If any clause of the Privacy Policy is deemed invalid, the Parties, or in case of disagreement, the competent judge, shall replace it with a provision of equivalent scope, producing legally identical effects in accordance with the common intent of the Parties. 

APPLICABLE LAW

This Privacy Policy is governed by Swiss law, and the courts of Vaud shall have exclusive jurisdiction in the event of a dispute.

CONTACT

For any questions regarding the processing of your data, the User may contact AUREYA YOGA via email at: info@aureyayoga.com.