Data Policy

Responsible Entity in terms of Data Protection Laws, especially the EU General Data Protection Regulation (GDPR):

Contact Address:

Adriana Barrancotto
Schänzlistrasse 44
4500 Solothurn
Switzerland

 

GENERAL NOTE

Based on Article 13 of the Swiss Federal Constitution and the data protection regulations of the Federal Government (Data Protection Act, DSG), every person is entitled to the protection of their privacy and protection against the misuse of their personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the legal data protection regulations and this privacy policy.

In collaboration with our hosting providers, we strive to protect databases as much as possible from unauthorized access, loss, misuse, or forgery.

Please note that data transmission over the Internet (e.g., communication via email) may have security vulnerabilities. Complete protection of data from access by third parties is not possible.

By using this website, you agree to the collection, processing, and use of data as described below. This website can generally be visited without registration. Data such as pages accessed or the name of the file accessed, date, and time are stored on the server for statistical purposes without directly relating this data to your person. Personal data, especially name, address, or email address, is collected on a voluntary basis whenever possible. Without your consent, the data will not be passed on to third parties.

PROCESSING OF PERSONAL DATA

Personal data includes all information that relates to a specific or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular, storing, disclosing, obtaining, deleting, storing, changing, destroying, and using personal data.

We process personal data in accordance with Swiss data protection law. Furthermore, we process personal data – to the extent and to the extent that the EU GDPR is applicable – in accordance with the following legal bases in connection with Art. 6 (1) GDPR:

  • lit. a) Processing of personal data with the consent of the data subject.
  • lit. b) Processing of personal data for the performance of a contract with the data subject and for the implementation of pre-contractual measures.
  • lit. c) Processing of personal data to fulfill a legal obligation to which we are subject under any applicable law of the EU or under any applicable law of a country in which the GDPR is applicable in whole or in part.
  • lit. d) Processing of personal data to protect the vital interests of the data subject or another natural person.
  • lit. f) Processing of personal data to protect our legitimate interests or those of third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests include, in particular, our business interest in being able to provide our website, information security, the enforcement of our own legal claims, and compliance with Swiss law.

We process personal data for the duration that is necessary for the respective purpose or purposes. In the case of longer retention obligations due to legal and other obligations to which we are subject, we restrict processing accordingly.

PRIVACY POLICY FOR COOKIES

This website uses cookies. These are small text files that make it possible to store specific, user-related information on the end device while using the website. Cookies enable us, in particular, to determine the frequency of use and the number of users of the pages, to analyze the behavior of page usage, but also to make our offer more customer-friendly. Cookies remain stored after the end of a browser session and can be retrieved when you visit the site again. If you do not want this, you should set your internet browser to refuse to accept cookies.

A general objection to the use of cookies for purposes of online marketing can be declared for a large number of services, especially in the case of tracking, via the US-American site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that in this case, you may not be able to use all functions of this online offer.

PRIVACY POLICY FOR SSL/TLS ENCRYPTION

For security reasons and to protect the transmission of confidential content, such as inquiries that you send to us as the site operator, this website uses SSL/TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

THIRD-PARTY SERVICES

This website may use Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam, and YouTube for embedding videos.

These services of the American Google LLC use, among other things, cookies and as a result, data is transferred to Google in the USA, and we assume that personal tracking does not take place solely through the use of our website.

Google has committed to ensuring adequate data protection in accordance with the American-European and the American-Swiss Privacy Shield.

For more information, please refer to the Google Privacy Policy.

PRIVACY POLICY FOR CONTACT FORM

If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. We will not pass on this data without your consent.

PRIVACY POLICY FOR NEWSLETTER DATA

If you would like to receive the newsletter offered on this website, we need an email address from you, as well as information that allows us to verify that you are the owner of the email address provided and that you agree to receive the newsletter. Further data is not collected. We use this data exclusively for sending the requested information and do not pass it on to third parties.

The consent given for the storage of data, the email address, and its use for sending the newsletter can be revoked at any time, for example via the “Unsubscribe” link in the newsletter.

PAID SERVICES

To provide paid services, we may ask for additional data, such as payment information, to fulfill your order or request. We store this data in our systems until legal retention periods have expired.

USE OF GOOGLE MAPS

This website uses the Google Maps service. This allows us to display interactive maps directly on the website and enables you to use the map function conveniently. By visiting the website, Google receives the information that you have accessed the corresponding subpage of our website. This happens regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in to Google, your data will be directly assigned to your account. If you do not want the assignment with your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for purposes of advertising, market research, and/or demand-oriented design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide demand-oriented advertising and to inform other users of the social network about your activities on our website. You have a right of objection to the creation of these user profiles, whereby you must contact Google to exercise this right. For more information on the purpose and scope of data collection and its processing by Google, please refer to the www.google.de/intl/de/policies/privacy.

PRIVACY POLICY FOR FACEBOOK

This website uses functions of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. When you visit our pages with Facebook plugins, a connection is established between your browser and the Facebook servers. Data is already being transferred to Facebook. If you have a Facebook account, this data can be linked to it. If you do not want this data to be assigned to your Facebook account, please log out of Facebook before visiting our page. Interactions, especially the use of a comment function or the clicking of a “Like” or “Share” button, are also transmitted to Facebook. You can find out more at https://de-de.facebook.com/about/privacy.

PRIVACY POLICY FOR INSTAGRAM

Functions of the Instagram service are integrated on our website. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the contents of our pages to your Instagram profile by clicking the Instagram button. This allows Instagram to associate the visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Instagram.

Further information can be found in Instagram’s privacy policy: http://instagram.com/about/legal/privacy/

EXTERNAL PAYMENT SERVICE PROVIDERS

This website uses external payment service providers through whose platforms users and we can conduct payment transactions. For example, through:

  • PostFinance (https://www.postfinance.ch/de/detail/rechtliches-barrierefreiheit.html)
  • Visa (https://www.visa.de/nutzungsbedingungen/visa-privacy-center.html)
  • Mastercard (https://www.mastercard.ch/de-ch/datenschutz.html)
  • American Express (https://www.americanexpress.com/de/legal/online-datenschutzerklarung.html)
  • Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full)
  • Bexio AG (https://www.bexio.com/de-CH/datenschutz)
  • Payrexx AG (https://www.payrexx.ch/site/assets/files/2592/datenschutzerklaerung.pdf)
  • Apple Pay (https://support.apple.com/de-ch/ht203027)
  • Stripe (https://stripe.com/ch/privacy)
  • Klarna (https://www.klarna.com/de/datenschutz/)
  • Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/)
  • Giropay (https://www.giropay.de/rechtliches/datenschutzerklaerung) etc.

In fulfilling contracts, we use payment service providers based on the Swiss Data Protection Ordinance and, where necessary, Art. 6 Para. 1 lit. b. EU General Data Protection Regulation (EU-GDPR). Otherwise, we use external payment service providers based on our legitimate interests according to the Swiss Data Protection Ordinance and, where necessary, according to Art. 6 Para. 1 lit. f. EU-GDPR, to provide our users with effective and secure payment options.

The data processed by payment service providers includes inventory data, such as name and address, bank data, such as account numbers or credit card numbers, passwords, TANs, and checksums, as well as contract, sum, and recipient-related information. This information is necessary to carry out transactions. However, the entered data is only processed by the payment service providers and stored by them. As the operator, we do not receive any information about (bank) accounts or credit cards but only information for confirmation (acceptance) or rejection of the payment. Under certain circumstances, the data may be transmitted to credit reporting agencies by the payment service providers for identity and credit checks. For this, we refer to the terms and privacy policies of the payment service providers.

The terms and privacy policies of the respective payment service providers, which are available on their respective websites or transaction applications, apply to payment transactions. We also refer to these for further information and the assertion of revocation, information, and other data subject rights.

AGENCY SERVICES

We process the data of our customers in accordance with the data protection regulations of the Federal (Data Protection Act, DPA) and the EU General Data Protection Regulation (EU-GDPR) as part of our contractual services.

In this context, we process inventory data (e.g., customer master data, such as names or addresses), contact data (e.g., email, telephone numbers), content data (e.g., text entries, etc.), contract data (e.g., contract object, term), payment data (e.g., bank details, payment history), usage, and metadata (e.g., as part of the analysis and evaluation of marketing measures). The data subjects include our customers, prospects, as well as their customers, users, website visitors, or employees, as well as third parties. The purpose of processing is to provide contract services, billing, and our customer service. The legal basis for processing arises from Art. 6 Para. 1 lit. b GDPR (contractual services), Art. 6 Para. 1 lit. f GDPR (analysis, statistics, optimization, security measures). We process data that is necessary to establish and fulfill contractual services and point out the necessity of their disclosure if this is not evident to the contractual partners. Disclosure to external individuals or companies only takes place if it is necessary within the framework of a contract. In the processing of data entrusted to us as part of an order, we act in accordance with the instructions of the clients and the legal requirements of order processing pursuant to Art. 28 GDPR and do not process the data for purposes other than those stipulated in the order.

We delete the data after the expiration of statutory warranty and comparable obligations. The necessity of retaining the data is reviewed at irregular intervals. In the case of statutory archiving obligations, deletion takes place after their expiry. In the case of data that has been disclosed to us by the client as part of an order, we delete the data in accordance with the requirements of the order, generally after the end of the order.

CONTRACTUAL SERVICES

We process the data of our contractual partners and interested parties as well as other clients, customers, clients, or contractual partners (uniformly referred to as “contractual partners”) in accordance with the data protection regulations of the Federal (Data Protection Act, DPA) and the EU General Data Protection Regulation (EU-GDPR) in accordance with Art. 6 Para. 1 lit. b. GDPR to provide them with our contractual or pre-contractual services. The data processed here, the type, scope, and purpose and the necessity of their processing, are determined by the underlying contractual relationship.

The processed data includes the master data of our contractual partners (e.g., names and addresses), contact data (e.g., email addresses and telephone numbers), as well as contract data (e.g., services used, content of the contract, contractual communication, names of contact persons) and payment data (e.g., bank details, payment history).

We generally do not process special categories of personal data unless they are part of a commissioned or contractual processing.

We process data that is necessary to establish and fulfill contractual services and point out the necessity of their disclosure, if this is not evident to the contractual partners. Disclosure to external individuals or companies only takes place if it is necessary within the framework of a contract. In the processing of data entrusted to us as part of an order, we act in accordance with the instructions of the clients and the legal requirements.

As part of the use of our online services, we can store the IP address and the time of the respective user action. Storage is based on our legitimate interests, as well as the interests of users in the protection against misuse and other unauthorized use. This data is generally not passed on to third parties unless it is necessary to pursue our claims pursuant to Art. 6 Para. 1 lit. f. GDPR is required or there is a legal obligation to do so pursuant to Art. 6 Para.

1 lit. c. GDPR.

Deletion of the data takes place when the data is no longer required to fulfill contractual or legal care obligations, as well as to handle any warranty and comparable obligations, whereby the necessity of retaining the data is reviewed at irregular intervals. In all other respects, the statutory retention obligations apply.

GENERAL DISCLAIMER

All information on our website has been carefully checked. We endeavor to offer up-to-date, accurate, and complete information in our information offerings. However, the occurrence of errors cannot be completely ruled out, so we cannot guarantee the completeness, correctness, and timeliness of information, including journalistic-editorial nature. Liability claims for material or immaterial damage caused by the use of the information provided are excluded, unless there is proven willful or grossly negligent fault.

The publisher may change or delete texts at his own discretion and without notice and is not obliged to update the content of this website. The use or access to this website is at the visitor’s own risk. The publisher, its clients, or partners are not responsible for damages, such as direct, indirect, incidental, pre-specified, or consequential damages that allegedly resulted from visiting this website and consequently assume no liability for this.

The publisher also assumes no responsibility and liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked pages are solely responsible for their content. The publisher expressly distances itself from all content of third parties that may be criminally or legally relevant or violate good manners.

CHANGES

We reserve the right to adapt this privacy policy at any time without prior notice. The current version published on our website is binding. If the privacy policy is part of an agreement with you, we will inform you of the changes by email or by other suitable means in the event of an update.

QUESTIONS TO THE DATA PROTECTION OFFICER

If you have any questions about data protection, please send us an email or contact the responsible person in our organization for data protection, as listed at the beginning of the privacy policy.

Solothurn, November 29, 2023

Source: SwissAnwalt

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