Your privacy and the confidential handling of your data is important to us.

NILE attaches great importance to the protection and correct use of the personal data you entrust to us and you will find information concerning the subject of data protection below. Would you like to contact us with regard to data protection issues? Please contact us directly via our contact form or at privacy@nile.ch.

A. Controller

The controller for the processing of personal data and therefore the controller in accordance with this Privacy Policy is Nile Clothing AG, Hauptstrasse 33, 2572 Sutz, Switzerland (“NILE”). Our data protection officer can be reached at the above postal address, by email at privacy@nile.ch, or by phone on +41 33 397 00 80.

We have appointed the following representative in the European Union: Nile Clothing GmbH, Rossstrasse 96, 40476 Düsseldorf, Germany. Our data protection officer can be reached at the above postal address, by email at privacy@nile.ch, or by phone on +49 211 5459 5717.

B. Personal data and terms

Personal data is any information relating to an identified or identifiable natural person such as name, address, telephone number, email address, date of birth, etc. (“personal data”).

Any handling of personal data, regardless of the means and procedures used, in particular the collection, acquisition, storage, use, processing, disclosure, archiving or erasure of data, is considered processing (“processing” or “processed”).

A data subject is any natural person whose personal data is processed (“data subject”).

A controller is any private person or federal body that solely or together with others decides on the purpose and means of processing (“controller”).

A processor is a natural or legal person, public authority, agency or other entity that processes personal data on behalf of the controller (“processor”).

C. Collection of personal data

Some personal data is provided to us by you or the data subjects themselves when you make use of our services (e.g. by purchasing our products or applying for a Nilecard), or when you contact us by email, phone or in person.

This data includes, for example, name, contact details (e.g. address, email, telephone number), date of birth, order data (e.g. items, number, order date), purchase history, payment data, statistics on the use of our online services, registration data in connection with the Nilecard or other services, behavioral and preference data (e.g. in relation to the use of our online services), etc. We also process personal data that we receive from job applicants (e.g. employment data, salary expectations and other data provided to us as part of the recruitment process, photos and images, etc.). We may also collect personal data ourselves, e.g. if you or the company you work for contact us or we obtain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, internet, media, social media) (e.g. information from media and internet, information on creditworthiness, your addresses and, if applicable, interests and other sociodemographic data). We may also receive data from other companies (including those within the company group), authorities and other third parties or your environment, or if you use our website (see I). We collect the data specified in this paragraph for the purposes stated in D, unless otherwise specified.

If you have given us consent to process your personal data for specific purposes (e.g. by registering to receive newsletters or registering for the Nilecard), we process your personal data within the specified scope and on the basis of this consent. Where necessary, we may also base the processing of personal data on other legal frameworks. This includes the performance of a contract, the implementation of pre-contractual measures or the safeguarding of other legitimate interests (see D).

If you act on behalf of a third party or provide us with information about a third party, you declare that you are an authorized representative or agent of that third party and/or that you have received all necessary consent from that third party for the collection, processing, use and disclosure of their personal data to us or by us in accordance with the provisions of this Privacy Policy.

D. Purpose of processing 

We process personal data from you and other individuals for the following purposes, where permissible and where we deem it appropriate (if you work for our customers or business partners, you may also be a data subject with your personal data in this capacity):

• In particular, we use the personal data for fulfillment of the purposes of our organization in order to provide our services and to initiate and execute agreements with our customers and business partners, and to comply with our legal obligations;
• the provision, rendering and further development of our offers, services, websites, apps and other platforms on which we are present; 
• loyalty programs (Nilecard);
• communication with customers, users and third parties and processing of their inquiries (e.g. applications, media inquiries); 
• customer acquisition and maintenance; 
• advertising and marketing (including the organization of events); 
• market and opinion research; 
• assertion of legal claims and defense in connection with legal disputes and official proceedings; 
• security measures, prevention and clarification of criminal offenses and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud); 
• guarantee of our operations, in particular IT, our websites, apps and other platforms; 
• video surveillance to safeguard access rights and other measures for IT, building and system security and protection of our employees and other persons and assets belonging to or entrusted to us (such as access controls, visitor lists, network and mail scanners, telephone recordings); 
• purchase and sale of business divisions, companies or parts of companies and other corporate law transactions and the related transfer of personal data;
• selection of new employees, recruiting, applicant management.

E. Retention period

If no express retention period is specified during collection or within this Privacy Policy, we process and store personal data until it is no longer required to fulfill the purpose, unless statutory retention obligations (e.g. commercial and tax retention obligations) prevent its erasure. It is possible that personal data will also be retained for the period during which claims can be asserted and to the extent that we are otherwise legally obliged to do so or legitimate business interests require it (e.g. for evidentiary and documentation purposes).

F. Rights of the data subject

Once provided, you can withdraw your consent at any time, but this will not have any effect on data processing that has already taken place. In addition, depending on the circumstances and applicable data protection law, you have, in particular, the right of access, the right to rectification, erasure or restriction of the processing of personal data, the right to object to processing as well as the right to transferability (data portability). Please note that the exercise of these rights may conflict with contractual agreements and this may have consequences such as early contract termination or cost-related consequences. In this case, we will inform you in advance if this is not already contractually agreed. We are also entitled to assert the legally provided restrictions on your rights as a data subject, for example if we are obliged to retain or process certain data, have an overriding interest in it or need it for the assertion of claims. 

Furthermore, every data subject has the right to assert their claims in court or to lodge a complaint with the competent data protection authority, insofar as the applicable data protection legislation provides for such a right. Switzerland’s data protection authority is the Federal Data Protection and Information Commissioner (FDPIC).

With regard to your rights and other questions, suggestions and comments on the subject of data protection, please contact the data protection officer using the above contact details (see 0).

G. Security 

We take appropriate measures to protect personal data against loss, misuse, unauthorized access, disclosure, alteration or destruction. To this end, we use appropriate technical and organizational measures. However, we cannot guarantee the absolute security of the data. 

Unless otherwise agreed, we assume no liability for breaches of these security regulations, unless they occur intentionally or through gross negligence.

H. Data transfer

In the course of our business activities, we also disclose personal data to third parties where permissible and appropriate, either because they process data for us or because they use the data for their own purposes. This applies in particular to the following entities:

• Our service providers (e.g. banks, insurance companies, payment service providers, postal and other delivery services), including processors (e.g. newsletter, cloud or IT providers); 
• dealers, suppliers, subcontractors and other business partners; 
• authorities, official bodies or courts in Switzerland and abroad; 
• media; 
• the general public, including visitors to websites and social media; 
• industry organizations, associations, organizations and other bodies; 
• buyers or parties interested in acquiring business divisions, companies or other parts of the company group; 
• other parties in potential or actual legal proceedings; 
• - other companies of the NILE Group (Nile Clothing AG Switzerland, Nile Retail Schweiz AG Switzerland, Nile Clothing GmbH Germany, Nile Tex-Logistics GmbH Austria, Nile Clothing Italia S.r.l. Italy, Nile Clothing UK Ltd. United Kingdom) and business partners who require access to it as part of their contractual duties (e.g. operating a store).

In this context, your personal data may be stored in Switzerland as well as in other European countries and the United States, where the service providers we use (such as Microsoft, Adyen, Klarna) are located. If personal data is processed outside Switzerland or the European Economic Area, we take the steps required by applicable data protection law to ensure that your personal data is handled with the same level of security and protection as in Switzerland or within the European Economic Area, unless we can rely on an exemption provision. An exception may apply in the case of legal proceedings abroad, but also in cases of overriding public interest, if contract execution requires such disclosure or if you have consented to this.

I. Data processing through use of the website

During your visit to the website, general information is collected automatically (e.g. date of your visit, time zone, type of web browser and its settings, version and language, your IP address, MAC address of the end device (e.g. computer or mobile phone), the operating system used, content accessed and times of access, the domain name of your internet service provider, usage behavior). We use this data for the purposes stated in D, in particular for marketing and administrative purposes and to ensure the functionality of the website. This data is also necessary to correctly provide and optimize the content of the website, to ensure the long-term viability of our IT systems and the website, and to provide law enforcement authorities with the information they need for criminal prosecution in the event of a cyberattack. You can consent to the use of the services in accordance with I section 3.2– 6.1 on our website. On your first visit to our website, you will be shown a banner on which you can give your consent to the above services:

• Accept all cookies: you agree to the use of all services (cookies and all other technologies used and listed).
• Reject non-essential cookies: only essential cookies in accordance with I section 3.2 are used to provide you with essential functions of the website.
• Adjust your preferences: select which categories of services (cookies and all other technologies used and listed) you wish to allow.

You can also individually give or withdraw your consent at a later point in time via the Privacy Settings on our website. These services are provided by third parties, which may be located in Switzerland or another country. All other necessary information about the services and their service providers can be found at the above link.

1. SSL encryption

This website uses SSL encryption for security reasons and to protect the transmission of confidential content. An encrypted connection can be recognized by the address line of the browser changing from “http://” to “https://”.

2. Server log files

The provider of this website automatically collects and stores information in what are known as “server log files”, which your browser automatically transmits to us. In particular, the information listed at the beginning of I is transmitted.

3. Use of cookies

3.1 Definition

Cookies are small files that are stored on your device when you use our website.

3.2. Essential and non-essential cookies

Essential cookies are files that are sent to the browser on your computer’s hard drive in order to ensure the functionality of the website and to enable us to offer you certain functions. They do not require the consent of the users of the website.

Using non-essential cookies, we collect information about visits to the website. We also use non-essential cookies to improve the user-friendliness of the website, for example to ensure the shopping cart functionality, to adapt our offer to customer requirements, and to make browsing the website as convenient as possible for you. We also use cookies to optimize our advertising. Non-essential cookies require the consent of the users of the website, depending on applicable law.

3.3. Session cookies and permanent cookies

“Session cookies” are automatically deleted at the end of your visit. For example, we may use session cookies to save your shopping cart, previously completed online forms or language settings across different pages of an internet session. We also use permanent cookies. These remain stored on your device after the end of the browser session until you delete them. The next time you visit our website, it will automatically recognize which entries and settings you prefer. Depending on the type of cookie, these cookies remain stored on your device for a certain period of time (e.g. two years) and are automatically disabled at the end of the programmed time. They serve to make our website more user-friendly, effective and secure. Thanks to these cookies, for example, you can see information tailored to your interests on the site.

3.4 Enabling, disabling and deleting cookies

All web browsers have the option of enabling, disabling or deleting the use of cookies by configuring the browser settings or options accordingly. If cookies are disabled or deleted in whole or in part, some functions of the website may no longer be available.

3.5 Cookies and personal data

As a rule, the cookies we use do not store any personal data. However, personal data stored by us or third-party providers commissioned by us (e.g. if you have a user account with us or these providers) may be linked to the technical data or to the information stored in cookies and obtained from them and thus possibly to you as a person.

4. Pixels

On our website and in our newsletters and other marketing emails, we also incorporate some visible and invisible image elements to the extent permitted. When retrieved from our servers, we can determine whether and when you opened the website or email so that we can also measure and better understand how you use our offers and how to tailor them to you. You can block this in your email program. 

5. Other web services

We use various other web services on our websites, such as analysis, security and advertising services.

6. Social media plugins and presence

6.1 Plugins

Our website contains social media plugins from social networks such as Instagram, Pinterest and Facebook. These are usually integrated into the website as graphic files. We have configured these elements so that they are disabled by default unless you have consented to their use. If you enable them (through consent or by clicking on them), the operators of the respective social networks can register that you are on our website and where, and can use this information for their own purposes. The processing of your personal data is then carried out under the responsibility of this operator in accordance with its own privacy provisions.

For further information on data protection in relation to social networks (in particular on the scope, nature and purpose of data processing), please refer to the privacy policies of the individual social media providers. There, you will also find further information about your rights and settings options for protecting your privacy.

You can prevent third-party providers from collecting information about you during your visit by logging out of the pages of your social networks in advance and deleting cookies (see 3.4 above).

6.2 Presence

We may have an online presence on social networks and other platforms operated by third parties. We receive data from you and the platforms when you contact us via our online presence (e.g. when you communicate with us, comment on our content or visit our presence). At the same time, the platforms evaluate your use of our online presences and link this data with other data about you known to the platforms (e.g. about your behavior and preferences). They also process this data for their own purposes under their own responsibility, in particular for marketing purposes and to control their platforms (e.g. what content they show you).

We can distribute content published by you (e.g. comments) ourselves (e.g. in our advertising on the platform or elsewhere). We or the operators of the platforms may also delete or restrict content from or about you in accordance with the usage guidelines (e.g. inappropriate comments). 

For more information on the processing operations carried out by the operators of the platforms, please refer to the privacy policies of the respective platforms. There, you will also find out in which countries your data is processed, what information, erasure and other rights you have as a data subject, and how you can exercise these or obtain further information. We currently use the following platforms:

LinkedIn
Pinterest
Facebook
Instagram

7. Links to other websites

The website contains links to other websites. We have no influence on whether their operators comply with applicable data protection regulations. We exclude any responsibility or liability for the websites of third parties accessible via the links.

J. Final provisions

This Privacy Policy does not form part of a contract with you. We reserve the right to change the content of this Privacy Policy at any time and without notice. The latest version published on our website applies. It is therefore recommended that you consult this Privacy Policy on a regular basis. In addition to this Privacy Policy, we may inform you separately about the processing of your data, for example through further separate privacy policies regarding special relationships.