With the following data protection declaration we would like to inform you about which types of your personal data (hereinafter also referred to as “data”) we process, for which purposes and to what extent.
Status: June 4, 2020
2. Responsible person
Eva Wandeler / Delphinstrasse 10 / 8008 Zürich /
E-mail address: email@example.com
3. Overview of the processing operations
The following overview summarises the types of data processed and the purposes of their processing, and refers to the people concerned.
Types of data processed
Content data (e.g. text entries, photographs, videos).
Contact details (e.g. e-mail, telephone numbers).
Meta/communication data (e.g. device information, IP addresses).
usage data (e.g. websites visited, interest in content, access times).
Categories of concerned persons
Users (e.g. website visitors, users of online services).
Purpose of the processing
Provision of our online offer and user-friendliness.
Direct marketing (e.g. by e-mail or post).
Interest based and behavioral marketing.
Contact requests and communication.
Profiling (creation of user profiles).
Contractual performance and service.
Relevant legal bases
In the following we inform you about the legal basis of the basic data protection regulation (DSGVO), on the basis of which we process personal data. Please note that in addition to the provisions of the DSGVO, national data protection regulations may apply in your or our country of residence and domicile. If, in addition, more specific legal bases are applicable in individual cases, we will inform you of these in the data protection declaration.
Consent (Art. 6 para. 1 sentence 1 lit. a DSGVO) – The data subject has given his or her consent to the processing of personal data concerning him or her for one or more specific purposes.
Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO) –
The processing is necessary in order to protect the legitimate interests of the controller or of a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data. National data protection regulations in Switzerland: In addition to the data protection provisions of the basic data protection regulation, national data protection regulations apply in Switzerland. This includes in particular the Federal Law on Data Protection (DSG). The DSG applies in particular if no EU/EEC citizens are affected and, for example, only data of Swiss citizens are processed.
4. Security measures
We take appropriate technical and organizational measures in accordance with legal requirements, taking into account the state of the art, implementation costs and the nature, scope, circumstances and purposes of the processing as well as the varying degrees of probability of occurrence and the extent of the threat to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.
These measures shall include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as access, input, disclosure, security of availability and segregation thereof. In addition, we have established procedures to ensure that the rights of data subjects are respected, that data is deleted, and that we respond to any threats to the data. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes in accordance with the principle of data protection, through technology design and through data protection-friendly presettings.
5. Transmission and disclosure of personal data
In the course of our processing of personal data, it may happen that the data is transferred to or disclosed to other bodies, companies, legally independent organisational units or persons. The recipients of this data may include, for example, payment institutions in the context of payment transactions, service providers commissioned with IT tasks or providers of services and content integrated into a website. In such cases we observe the legal requirements and in particular conclude appropriate contracts or agreements with the recipients of your data which serve to protect your data.
6. Data processing in third countries
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or if the processing takes place in the context of the use of third-party services or the disclosure or transfer of data to other persons, bodies or companies, this is only done in accordance with the legal requirements.
Subject to express consent or transmission required by contract or by law, we process or allow the data to be processed only in third countries with a recognised level of data protection, including the US processors certified under the “Privacy Shield”, or on the basis of special guarantees, such as contractual obligations through so-called standard protection clauses of the EU Commission, the existence of certifications or binding internal data protection regulations (Art. 44 to 49 DSGVO, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).
Cookies are text files that contain data from visited websites or domains and are stored by a browser on the user’s computer. A cookie is primarily used to store information about a user during or after his visit within an online offer. The stored information can include, for example, the language settings on a website, the login status, a shopping cart or the location where a video was watched. The term “cookies” also includes other technologies that perform the same functions as cookies (e.g. when user information is stored using pseudonymous online identifiers, also known as “user IDs”).
The following cookie types and functions are distinguished:
Temporary cookies (also: meeting or session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed his browser.
Permanent cookies: Permanent cookies remain stored even after closing the browser. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the interests of users used for reaching measurements or marketing purposes may be stored in such a cookie.
First-party cookies: First-party cookies are set by ourselves.
Third party cookies: Third party cookies are mainly used by advertisers (so-called third parties) to process user information.
Necessary (also: essential or absolutely necessary) cookies: Cookies can be absolutely necessary for the operation of a website (e.g. to store logins or other user entries or for security reasons).
Storage duration: Unless we provide you with explicit information on the storage duration of permanent cookies (e.g. as part of a so-called cookie opt-in), please assume that the storage duration can be up to two years.
Processed data types: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
Persons concerned: Users (e.g. website visitors, users of online services).
Legal bases: Consent (Art. 6 para. 1 sentence 1 lit. a DSGVO), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO)
8. Provision of the online offer and web hosting
In order to provide our online services securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online services can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services, and security and technical maintenance services.
The data processed as part of the provision of the hosting offer may include all data relating to the users of our online offer, which arise in the course of use and communication.
This regularly includes the IP address, which is necessary to deliver the contents of online offers to browsers, and all entries made within our online offer or from websites. Collection of access data and log files: We ourselves (or our web hosting provider) collect data on every access to the server (so-called server log files). Server log files may include the address and name of the web pages and files accessed, date and time of access, data volume transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider.
The server log files can be used on the one hand for security purposes, e.g. to avoid overloading the servers (especially in the case of abusive attacks, so-called DDoS attacks), and on the other hand to ensure the utilization of the servers and their stability.
Processed data types: Content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
Persons concerned: Users (e.g. website visitors, users of online services).
Legal basis: legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).
9. Plugins and embedded functions and content
We include in our online offer functional and content elements that are obtained from the servers of their respective providers (hereinafter referred to as “third-party providers”).
These can be, for example, graphics, videos or social media buttons as well as contributions (hereinafter uniformly referred to as “content”). The integration always requires that the third party providers of this content process the IP address of the users, as without the IP address they would not be able to send the content to their browser. The IP address is therefore required to display these contents or functions. We make every effort to use only such content whose respective providers use the IP address only to deliver the content. Third party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” allow information such as visitor traffic on the pages of this website to be evaluated. The pseudonymous information can also be stored in cookies on the user’s device and may contain technical information on the browser and operating system, websites to be referred to, the time of visit and other details on the use of our online offer, as well as being linked to such information from other sources.
Notes on legal basis: If we ask the users for their consent to the use of third party providers, the legal basis for the processing of data is the consent. Otherwise, the users’ data will be processed on the basis of our legitimate interests (i.e. interest in efficient, economic and recipient-friendly services).
Persons concerned: Users (e.g. website visitors, users of online services), communication partners.
Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO), consent (Art. 6 para. 1 sentence 1 lit. a DSGVO)
Used services and service providers:
10. Deletion of Data
The data processed by us will be deleted in accordance with the statutory provisions as soon as their consent permitted for processing is revoked or other permissions cease to apply (e.g. if the purpose for which the data were processed ceases to apply or they are not necessary for the purpose).
Unless the data are deleted because they are required for other and legally permissible purposes, their processing is limited to these purposes. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law or whose storage is necessary to assert, exercise or defend legal claims or to protect the rights of another natural or legal person.
12. Rights of individuals concerned
As a data subject, you are entitled to various rights under the DSGVO, which result in particular from Articles 15 to 18 and 21 DSGVO:
Right of objection: You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out pursuant to Article 6 paragraph 1 letter e or f DSGVO; this also applies to profiling based on these provisions. If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it relates to such direct marketing.Widerrufsrecht bei Einwilligungen: Sie haben das Recht, erteilte Einwilligungen jederzeit zu widerrufen.
Right of information: You have the right to obtain confirmation as to whether or not data in question are being processed and to obtain information on such data, as well as further information and a copy of the data in accordance with legal requirements.
Right of rectification: You have the right to request the completion of data concerning you or the rectification of incorrect data concerning you, in accordance with the law.
Right to erasure and restriction of processing: You have the right, in accordance with the law, to request that data concerning you be erased immediately, or alternatively, in accordance with the law, to request restriction of processing of the data.
Right to data transferability: You have the right to receive data concerning you that you have provided to us in a structured, common, machine-readable format in accordance with the law or to request that it be transferred to another responsible party.
Complaints to the supervisory authority: You also have the right, in accordance with the law, to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of suspected infringement, if you consider that the processing of personal data relating to you is in breach of the DSGVO.
13. Definitions of terms
The legal definitions are binding. The following explanations, on the other hand, are primarily intended to help understanding. The terms are sorted alphabetically. Interest-based and behavioral marketing: One speaks of interest-based and/or behavioral marketing when the potential interests of users in ads and other content are predetermined as precisely as possible. This is done on the basis of information on their previous behaviour (e.g. visiting and staying on certain websites, purchasing behaviour or interaction with other users), which is stored in a so-called profile. As a rule, cookies are used for these purposes.
Personal data: ‘personal data’ shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as ‘person concerned’); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Profiling: ‘profiling’ is any automated processing of personal data which consists of using personal data to analyse, evaluate or predict certain personal aspects relating to a natural person (depending on the type of profiling, this may include information on age, gender, location and movement data, interaction with websites and their content, shopping behaviour, social interactions with other people) (e.g. interests in certain content or products, click behaviour on a website or location). Cookies and web beacons are often used for profiling purposes.
Tracking: One speaks of “tracking” when the behaviour of users can be traced across several online offers. As a rule, behavioral and interest information regarding the online offers used is stored in cookies or on servers of the providers of the tracking technologies (so-called profiling). This information can then be used, for example, to display advertisements to users that are likely to match their interests.
Responsible person: ‘Responsible person’ shall mean the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data.
Processing: ‘processing’ means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers practically all handling of data, whether it be collection, analysis, storage, transmission or deletion.