Last updated: February 15, 2020

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We, yoganista.ch Franziska Killer, CH-8820 Wädenswil, (hereinafter "yoganista.ch", "us" or "we") are committed to protecting privacy of users of the yoganista.ch website, yoganista.ch application(s), and/or other related services (hereinafter "yoganista.ch services" or "services").

For the purposes of this Privacy Policy, yoganista.ch is the "data controller" for all yoganista.ch services.

This Privacy Policy describes the types of personal and non-personal data we collect and how we use such data.  This Privacy Policy is part of our General Terms and Conditions and applies to all yoganista.ch services.

This Privacy Policy does not apply to any third-party websites, services or applications, even if they may be accessible through the yoganista.ch services.

By using any of the yoganista.ch services, you hereby warrant and represent that:

• you have read, understand and agree to this Privacy Policy

• you are over 16 years of age (or are a parent or guardian with such authority to agree to this Privacy Policy for the benefit of an individual who is under 16 years of age)

If you do not accept the terms set forth in this Privacy Policy and the consents associated therewith, please do not use our Services.

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1. What types and categories of data we collect, process and use?

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We collect, process and use personal and non-personal data.

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1.1 Personal data

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Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Confederation (Datenschutzgesetz, DSG), every person is entitled to protection of their privacy and protection against misuse of their personal data. We comply with these regulations. Personal data are treated in strict confidence and are neither sold nor passed on to third parties.

In close cooperation with our hosting providers, we strive to protect the databases as well as possible from outside access, loss, misuse or counterfeiting. When accessing our website, the following data is stored in log files: IP address, date, time, browser request and general information about the operating system or. Browser. This usage data forms the basis for statistical, anonymous evaluations, so that trends can be identified, on the basis of which we can improve our offers accordingly.

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1.2 Data we collect, process and use

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We collect, process and use three types of data:

• data you provide to us voluntarily,

• data we receive when you use our Services, and

• data we receive from third parties.

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Typically, we collect, process and use the following categories of data:

• your name and address;

• your personal contact information (telephone, e-mail etc.);

• your IP address, operating system, browser type, browser version, browser configuration, name of Internet provider, and any other relevant information regarding your computer and Internet connection in order to identify the type of your device, to connect you to the website, to exchange data with your (mobile) terminal device, or to ensure proper use of the website and an yoganista.ch application;

• the URL and IP address of the website from which you access our website or from which you are transferred to our website, including date and time;

• any pages of our website on which you click during your visit, and any links on our website on which you click, including date and time;

• the entire Uniform Resource Locator (URL) clickstream regarding, through, and from the website, including date and time;

• your service inquiries and your orders;

• your transaction history, including open and completed transactions;

• search terms you input in relation to or within our Services;

• information regarding your orders and payments;

• information collected by cookies or similar technologies (as explained below);

• your survey answers, critiques, evaluations, or other responses;

• the content of all messages sent through the website or an yoganista.ch application, including information uploaded to social networks through the website or an yoganista.ch application or otherwise shared with us and/or other users, as well as chat messages and chat logs;

• information about flows etc. you upload or download using an yoganista.ch application;

• your newsletter subscriptions;

• any consents you have given us;

• any other information input or uploaded by you through the website or an yoganista.ch application (e.g., information you provide when completing an online form, photos you upload); or

• data we receive when you log in through social media.

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2. How is data collected?

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Personal data is collected by us only if you provide such data to us on your own initiative by choosing to use our Services.

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2.1 Adding information to your user profile

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Yoganista.ch application(s) also enable you to provide us with additional information, such as your gender, fitness level, and workout goals. After registering, you can add more information to your profile (e.g., a profile photo). If you do so, you will once again provide us with personal data. We will also receive data (including personal data) from you when you communicate with us or other users through an Yoganista.ch application. If you create a workout schedule, we will receive information about which and how many workouts you have completed. We will also receive information about how you use Yoganista.ch application(s). In that case, too, you will provide us with personal data.

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2.2 Enabling access rights to your device

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For you to be able to use an Yoganista.ch application to the full extent, we will also need certain access rights to your smart phone. For example, we need access to your camera or your photos if you upload or want to change a profile photo. We use push messages to send you reminders or to notify you of news. When you want to use such a function for the first time, we will ask you whether you grant us such access rights or we will ask you to grant us access by selecting the appropriate settings. Generally, you may revoke such access rights at any time by changing the appropriate settings.

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2.3 Newsletter

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You can register for our newsletter. That way, you will receive regular updates about the yoganista.ch services. All you need to receive our newsletter is to provide us with your first and last name and a valid e-mail address. If you are no longer interested in receiving the newsletter, you may unsubscribe at any time using the link that is included in each newsletter.

Before completing the registration process, you must confirm that you have read our Privacy Policy and accept our General Terms and Conditions.

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2.6 Website

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You will also transfer certain information to us when you access our website or yoganista.ch application(s), e.g., your IP address. We will also receive data about which terminal device (computer, smartphone, tablet, etc.) you are using, which browser (Internet Explorer, Safari, Firefox, etc.) you are using, the time at which you access the website, the so-called referrer, and the data volume transferred. Such data cannot be used by us to identify the user. This data is processed for statistical purposes only. Such analyses help us make our Services more attractive and, if necessary, to improve our Services.

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2.4 Log files

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Every time you access our website the aforementioned data will be automatically stored in log files. A log file automatically logs all or defined actions on a computer system. Such log files are important, for example, for process control and automation. In the case of databases a log file tracks changes to the database of correctly executed transactions. In the event of an error (e.g., a system crash), this allows the current dataset to be restored. Log files are also created by web servers. Inter alia, the following data are logged: the address of the accessing computer, authentication fields, date and time of access, access method, content of HTML access, status code of the web server, and information about the browser and operating system used by the client.

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2.5 Other possible instances of data collection

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Collection of data also happens, for example, when you contact us or other users, i.e., when you sign up for a subscription, upload a profile photo, or use our Services to send messages.

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3. What are our legal bases for processing of your data?

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We will collect, process, and use your personal data and other data to support the delivery of yoganista.ch services in accordance with our General Terms and Conditions.  In this section we provide information on the legal basis for our processing of your Personal Data as required by Art. 13 and 14 of the GDPR, as well as provide detailed information about the purposes of collection, processing and use of your data.

We process your data based on the Article 6 of the GDPR relying on the following legal bases:

• performance of our Services, Art. 6(1)b

• legitimate interest relating to our Services, Art. 6(1)f

• if you have given us your consent to process your data, Art. 6(1)a

• if it is necessary for us to comply with a legal obligation Art. 6(1)c.

We may also process the data if it is necessary to protect vital interests of our users and/or other people, or for the performance of an obligation to carry out in the public interest pursuant to Art. 6(1) (d) and (e).

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4. What do we use your data for (purposes of processing)?

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We will use personal data you have provided to us only if and to the extent necessary for providing our Services and handling of the contract or if you have consented that we may use your data for the purposes described in this Privacy Policy.

We process and use data (including personal data) you make available to us voluntarily on the website or through the yoganista.ch application in various situations (e.g., when you send us an e-mail). We also use data that are collected automatically on our website or through the yoganista.ch application. Finally, we may also receive data about you from third parties, for example when another user provides us with information about you.

We collect, process and use data for the following purposes:

• to administer, operate, maintain, and improve the website and yoganista.ch application(s);

• to allow and process orders for services placed by you through the website or yoganista.ch application(s);

• to customize your experience in relation to our website or yoganista.ch application(s) (e.g., by tailoring content and offers to your personal preferences);

• to assess your right to receive certain types of offers or services;

• to support the improvement and customization of the yoganista.ch services;

• to analyse and research customer behaviour;

• to respond to your questions and inquiries;

• to provide you with information about services that may be of interest to you;

• to communicate with you about certain concerns;

• to manage awards, surveys or other promotional activities or events;

• to comply with our legal obligations to prevent any unlawful use of the website or yoganista.ch application(s), to protect the security of our Service, to detect and prevent fraud or abuse, to settle disputes, and to enforce our contracts;

• for any other purposes to which you have consented in a particular case, or

• otherwise as permitted by applicable law.

If required by law, we will ask for your consent before collecting, processing, or using your personal data for any of the aforementioned purposes.

We will also notify you if we want to use your personal data for a new or different purpose. We will use your personal data for such other purposes only if and to the extent necessary or permitted by applicable law or with your consent.

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5. How long and where are data stored?

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Your personal data will be stored for as long as this is necessary for achieving the defined purposes of processing. If you cancel your user account or subscription, we will also erase within reasonable time or archive your personal data, i.e. restrict processing. An exception applies only if we have a legal obligation to archive data for a certain time period.

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6. Cookies and tracking pixels

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We collect information about visitors to our website and about users of our yoganista.ch application(s) in order to improve our Services. For this purpose we use different kinds of so-called cookies and tracking pixels (a.k.a. web beacons).

A cookie allows a web server to place a text file (e.g., a clear ID) on your computer or smart phone/tablet. Cookies are used, for example, to automatically recognize you the next time you visit our websites or use an yoganista.ch application. The cookie is sent either by the web server to your browser or is generated by client-side scripting (e.g., JavaScript). Cookie data will be stored locally on your terminal device and in most cases will be effective only for a limited time period.

Websites that include flash media write user-specific data to your computer and later read such data. Such files are called flash cookies or local shared objects (LSO). Such files are not managed by your browser, but rather by the flash player plug-in. Flash cookies are subject to the same rules as conventional cookies. Flash cookies, too, can only be read by the website that caused those flash cookies to be placed. However, flash cookies can store a substantially greater volume of data.

Your browser offers extensive setting options to manage cookies. For example, you can deactivate cookies in your browser or limit cookies to certain websites. You can also program your browser to first notify you before a cookie is placed. You can also choose these settings on your mobile terminal devices. You can at any time manage cookies by changing the settings of your devices, delete cookies, or block cookies altogether.

You can also visit our website even if you block cookies on your terminal device. If you block cookies, the display of our website may however be impaired and not all functions may be available to you. You can also use Yoganista.ch application(s) without cookies. In that case, you may however no longer be able to use all functions of such application as conveniently.

Tracking pixels are small graphics in HTML e-mails or on websites. When you access such a website, your access to the tracking pixel will be recorded in a log file. This allows statistical analysis, which, in turn, can be used to improve our Services. You can set your e-mail program or your browser so that HTML e-mails will be displayed as text only, thereby preventing the use of some tracking pixels.

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7. Transfer of data to third parties

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Your personal data will be transferred to third parties only if we have a legal obligation to do so, if the data transfer is necessary for performance of the contract, or if you have consented to the transfer of your data. Third-party service providers and partner companies will receive your data only if and to the extent necessary for performance of the contract or with your consent. In such cases, the extent to which data are transferred will however be kept to the absolute minimum. To the extent that our service providers come into contact with your personal data, we will make sure that they too will comply with all applicable data protection laws. Please also read the data privacy policies of such third-party providers.

We use cloud services. This means we will transfer your data to a third party - the cloud services provider - and store data on the servers of that provider. In some cases, your data may also be stored on servers outside the European Union (EU) or European Economic Area (EEA). In some cases, your data may also be processed there. We either ensure through appropriate contracts that such service providers guarantee the same level of data privacy to which you are also entitled in the European Union or we use only providers that are EU-US Privacy Shield Frameworks and Swiss-US Privacy Shield Frameworks certified (https://www.privacyshield.gov/welcome). Either alternative ensures an appropriate level data privacy.

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8. Data processing - third-party services and partners

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To be able to offer you all functions and services of yoganista.ch application(s) in the most convenient way possible and to be able to continuously improve our Services, we use third-party services and partners. We also use the assistance of third parties to improve our website. Finally, we use certain tools for our marketing.

Below is the description of the third-party services we use and for what purposes.

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8.1 Google

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We use a number of different Google services (Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043, U.S.A. - hereinafter "Google") for analysis and marketing purposes. These tools collect and statistically analyse data about your use of our Services in different ways. We also use your data to show you personalized ads with the help of Google services. By using our website or our Yoganista.ch services, you consent that we may use your data for these purposes.

Below (in 8.1.1-8.1.6) we will explain the different services and the ways in which you can to conveniently revoke your consent, and we provide you with additional important information.

Additional information about how Google handles data transmitted by us is available here: https://www.google.com/intl/de/policies/privacy/partners/.

You can find additional information about how Google uses cookies in the data privacy policy of Google here: (https://www.google.com/intl/de/policies/privacy/).

Information generated by Google tools is generally transferred to a server of Google in the United States and stored there. Google and its subsidiaries are EU-US Privacy Shield and Swiss-US Privacy Shield certified.

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8.1.1 Google Analytics 

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Our application(s) and our website use Google Analytics, a web analysis program of Google. Google Analytics uses cookies that are stored on your terminal device and allows an analysis of your use. We activate IP address anonymization so that IP addresses will first be truncated by Google within the European Union. On our behalf Google uses such information to analyse your use of our Services as well as the use of our Services by other users, and provides us with reports and other services. The IP address transmitted from your terminal device to Google Analytics will not be merged with any other data of Google. Google will transfer your data to third parties only if permitted by applicable law or in accordance with outsourced data processing agreements.

You can prevent the collection and processing of information generated by the Google cookie by placing an opt-out cookie or deactivating Google Analytics in the menu of your terminal device. In the alternative, you can also install a browser plug-in, which you will find here: https://tools.google.com/dlpage/gaoptout/.

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8.1.2 DoubleClick by Google

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DoubleClick uses cookies to show you ads that are relevant to you. In the process, a pseudonymous identification number (ID) is assigned to you to monitor which ads have been shown in your browser and which ads have been clicked. Such cookies contain no personal information. DoubleClick cookies allow Google and its partner websites to show ads on the basis of previous visits to our website or other websites on the Internet. Information generated by such cookies is transferred by Google to a server in the United States for analysis, where it is stored. Google never merges your data with any other data of Google. Data is transferred to third parties by Google only if permitted by applicable law or in accordance with outsourced data processing agreements.

If you do not wish to receive personalized ads, you can place an opt-out cookie:

https://www.google.de/settings/ads/onweb#display_optout

You can also install the DoubleClick deactivation browser add-on. You will find this browser plug-in here:

https://www.google.com/settings/ads/onweb/

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8.1.3 Google AdWords

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We use Google AdWords to advertise our offers. Following a search on Google, our ads will be shown in the areas designated for this purpose. Our website registers with the help of cookies how many users have found our Services through such ads. We use such data to optimize our ads. A cookie is stored by Google when an ad is clicked. You can block the cookie by selecting the appropriate settings in your browser. In that case, your visit to our website will not be included in anonymous user statistics.

If you do not wish to receive personalized ads, you can place an opt-out cookie:

https://www.google.de/settings/ads/onweb#display_optout

You can also block cookies, for example, by installing an appropriate browser plug-in, which is available here:

https://support.google.com/ads/answer/7395996?hl=de

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8.1.4 Google Dynamic Remarketing

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We use Google Dynamic Remarketing functions on our website. This technology allows us to show automatically generated, target group-based ads following your visit to our website. The ads shown are based on products and services on which you clicked or which you viewed during your last visit to our website. Google uses cookies to generate interest-based ads. If you do not wish to receive user-based ads from Google, you can deactivate ads by selecting the appropriate settings of Google.

If you do not wish to receive personalized ads, you can place an opt out cookie:

https://www.google.de/settings/ads/onweb#display_optout

You can block personalized ads by installing the appropriate browser plug-in, which is available here:

https://support.google.com/ads/answer/7395996?hl=de

You can also block personalized ads from Google and other advertising networks by opting out on the following page:

https://www.youronlinechoices.com/de/praferenzmanagement/

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8.1.5 Firebase

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Firebase is a Google subsidiary with its registered office in San Francisco, CA, U.S.A. We use Firebase SDK and Google Analytics for Firebase for our Yoganista.ch application(s). This tool allows us to use the same Google Analytics functions for an application that can also be used for websites. Firebase uses technologies that work similar to cookies, in particular advertising IDs. This way, we collect information about how you use the Yoganista.ch application(s). We use such data for statistical analysis purposes, to test our offers (e.g., A/B testing), and to improve our offers. In addition, we use such information for personalized advertising. By using our Services you consent to our collection of such data. In addition, we use Firebase Remote Config to make changes to our Yoganista.ch application(s).

If you do not wish that such data is collected, you may opt out at any time. You can conveniently do so, for example, by selecting the appropriate settings in your mobile terminal device. How you can prevent such data from being collected on your Android device is explained, for example, here:

https://www.google.com/policies/technologies/ads/

On your iOS device you will find the appropriate setting under Settings > Data Privacy > Advertising.

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9. Data security

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Data transfers are generally subject to security gaps. It is technically impossible to protect your data 100% from access by third parties. However, we strive to minimize this risk as much as possible. We therefore maintain state-of-the-art measures to guarantee data security and to protect your data from access by third parties. In addition, we use strong SSL or TLS encryption for all data transfers. However, please make sure not to provide your login data to any third parties.

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10. Websites of third parties

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We occasionally place links to websites of third parties. Although we carefully select such third parties, we make no guarantee and assume no liability for the correctness or completeness of content or data security of any third-party websites. Nor does this Privacy Policy apply to linked third-party websites. We assume no responsibility for data privacy policies or content of any other websites.

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11. Changes to this Privacy Policy

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We may need to make changes to this Privacy Policy, for example if we add new functions or services to the application. We will however notify you of any changes and ask that you read and accept such changes before they are implemented by us.

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12. Your rights: information/revocation/erasure and data controller

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You may at any time and at no cost request us to provide you information about your personal data that are processed by us, correction of any errors in your personal data, termination of processing of your personal data, or erasure of your personal data - subject to mandatory legal provisions or obligations to the contrary. In particular, if you qualify as the "data subject" under the terms of (GDPR), you have the right to:

• request information on personal data processed by us about you as provided by Art. 15 GDPR.

• in accordance with Art. 16 GDPR, to immediately demand the correction of incorrect data or completion of incomplete personal data stored with us;

• pursuant to Art. 17 GDPR, to request deletion of your personal data stored by us, unless the processing of the data is required for the exercise of the right to freedom of expression and information, for the fulfilment of a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims;

• in accordance with Art. 18 GDPR, to request the restriction of the processing of your personal data as far as the accuracy of the data is disputed by you or the processing is unlawful;

• in accordance with Art. 20 GDPR, to receive your personal data provided to us in a structured, standard and machine-readable format or to request transmission to another controller;

• in accordance with Art. 7 (3) GDPR, to revoke at any time your consent previously granted to us. As a result, we will be no longer able to continue the data processing based on this consent for the future;

• in accordance with Art. 77 GDPR, users have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or work or our company headquarters for this purpose.

• also, if your personal data is processed based on legitimate interests in accordance with Art. 6 (1) (f) GDPR, you have the right to file an objection against the processing of your personal data in accordance with Art. 21 GDPR, provided that there are reasons based on your particular situation or the objection is directed against direct marketing. In the latter case, you have a general right of objection, which shall be implemented by us without you specifying any particular situation.

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13. Contact details of the Data Controller and Data Protection Officer

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To exercise your rights under GDPR respectively Swiss Datenschutzgesetz, DSG, simply contact us at any time by letter or e-mail at:

yoganista.ch Franziska Killer, CH-8820 Wädenswil

or info@yoganista.ch

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For all inquiries regarding the security of your data, you can contact our data protection officer at the email address info@yoganista.ch.

 

Please note that there may be security gaps in any communication by email. Therefore, we ask you to contact our data protection officer by post in the case of particularly sensitive data.