Version from [01.06.2020]
The responsible and legally compliant handling of data is important to us. We comply at all times with applicable law, in particular Swiss data protection law and any applicable foreign data protection law, such as the EU Data Protection Basic Regulation (EU-DSGVO), according to whose standard this Data Protection Declaration & Cookie Guidelines are based.
1. Collection and processing of personal data
Personal data is defined as all information relating to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, in particular its collection, storage, retention, use, modification, disclosure and deletion.
We primarily process personal data that we receive from you or collect about you in connection with the operation and use of our online platform and its applications. The entry of personal or business data on our online platform and its applications is voluntary.
In addition to the personal data that you provide us directly (e.g. when ordering services, registering for a newsletter or using a contact or feedback form), the categories of personal data that we receive about you from third parties include information from public registers (e.g. information from public registers (e.g. debt enforcement register or commercial register), creditworthiness information (if we do business with you), your interests and other socio-demographic data (for marketing purposes), if applicable, as well as data in connection with the use of our online platform and its applications (e.g. IP address, MAC address, settings and other details of the device used, date and time of the visit, web pages and contents called up, functions used, referring website, location details).
2. Purpose of data processing and legal basis
We process personal data primarily for the following purposes:
- Management of your customer account
- Conclusion and processing of contracts for services that you order on our online platform and its application
- Ensuring the operation of our online platform and its applications
- Responding to inquiries that you send us via contact and feedback forms on our online platform and its applications
- Compliance with our legal obligations at national and international level
In addition, we process personal data of you and other persons, to the extent permitted by law and as far as we deem appropriate, also for the following purposes in which we have a legitimate interest corresponding to the purpose:
- Further development of our online platform and its applications as well as our offers and services
- Marketing (e.g. sending newsletters), unless you have objected to this use of your personal data
- Assertion of legal claims and defence in connection with legal disputes and official proceedings
We process personal data in accordance with Swiss data protection law and, if and insofar as applicable, with the EU-DSGVO. With reference to the EU DSGVO, we process personal data with the consent of the data subject (Art. 6 para. 1 lit. a EU DSGVO), for the purpose of fulfilling a contract with the data subject and for implementing appropriate pre-contractual measures (Art. 6 para. 1 lit. b EU-DSGVO), to fulfil a legal obligation to which we are subject under any applicable EU law or under the law of any country in which the EU-DSGVO is applicable in whole or in part (Art. 6 para. 1 lit. c EU-DSGVO), and to safeguard the legitimate interests of us or of third parties, unless the interests or fundamental rights and freedoms of the data subject outweigh these. Legitimate interests include in particular our commercial interest in being able to operate our online platform and its applications, information security, the enforcement of our own legal claims and compliance with Swiss law (Art. 6 para. 1 lit. f EU-DSGVO).
If you have given us your consent to process your personal data for specific purposes (e.g. when registering for a newsletter), we will process your personal data within the scope of and based on this consent, unless we have another legal basis and we need one. A granted consent can be revoked at any time, but this has no effect on data processing that has already taken place.
3. Duration of retention of personal data
We process your personal data for as long as this is necessary for the purposes pursued with the processing or for the fulfilment of our contractual and statutory obligations and, in addition, in accordance with the statutory storage and documentation obligations.
We may retain personal data for the time during which claims may be asserted against our company (i.e. in particular during the statutory limitation period) and insofar as we are otherwise legally obliged to do so or legitimate business interests require it (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, we will delete or anonymise it as far as possible. In the case of longer-term storage obligations, we will restrict processing as far as possible.
4. Transfer of personal data
Within the scope of the purposes mentioned in section 2 and our business activities, we disclose your personal data to third parties, in particular to our service providers, suppliers and auxiliary persons (e.g. hosting providers, software suppliers, IT service providers, providers of newsletter services, collection service providers, banks, legal advisors/lawyers) as well as authorities, offices or courts in Switzerland and abroad, as far as legally permissible and as we deem appropriate.
If we transfer data to a country without adequate legal data protection, we will ensure an adequate level of protection as required by law by means of appropriate contracts or rely on the legal exceptions, in particular the exceptions relating to consent, contract execution and the establishment, exercise or enforcement of legal claims.
5. Third party services
We use MailChimp, a service of The Rocket Science Group LLC in Atlanta, USA ("MailChimp") for sending out our newsletter.
We use the data provided by you within the scope of the newsletter registration or separately to send you our newsletter regularly by e-mail based on your consent. You can unsubscribe from the newsletter at any time and can either be done by sending a message to the addresses given in paragraph 7 or by using a link provided for this purpose in the newsletter. After unsubscribing, your e-mail address and the other data provided during the newsletter registration process will be deleted, unless you have expressly consented to further use of your data or we reserve the right to use your data in accordance with this data protection declaration.
In our newsletters, we use techniques (e.g. visible and invisible image elements and/or links), as far as permitted, to determine whether and when you opened the newsletter and which links were clicked on, and to measure and better understand how you use our offers and to be able to tailor them to you.
By agreeing to receive newsletters, you consent to the use of the techniques used in our newsletters. Most e-mail applications are preset to allow the use of these techniques. If you do not want this, you must adjust the settings of your e-mail application (e.g. Microsoft Outlook) accordingly.
5.2 Credit assessment
If we make advance payments (e.g. in the case of an order on account), we or a third party called in by us will obtain creditworthiness information about you in order to protect the legitimate interests. For this purpose, we transmit the personal data required for a credit assessment to the third party or the corresponding information centres. The information obtained on the probability of a payment default is used for a balanced decision on the establishment, execution or termination of the contractual relationship. On request, we will be pleased to inform you with which third party and which information centres we work together.
5.3 Other third-party services
Google Ads and Google Conversion-Tracking:
Google Maps, Google Invisible reCAPTCHA and YouTube:
Facebook Pixel, Facebook Custom Audiences and Facebook-Conversion:
On our online platform we use so-called social plugins from social networks such as Facebook, Twitter and Pinterest. The social plugins can usually be recognized by the logos/symbols of the respective social networks. The social plugins enable you to share certain contents of our online platform (e.g. a blog entry). When you access our online platform, your browser establishes a connection to the servers of the respective social network and transmits certain usage data (including the information that you are on our online platform) to its operator.
We have no influence on the type and scope of the data collected in this process and their subsequent processing by the operators of the respective social networks. The processing of the data is the responsibility of these operators according to their data protection regulations. You will find these under the following links:
Facebook: www.facebook.com/about/privacy/ and www.facebook.com/help/?faq=186325668085084
6. Rights of the data protection subjects
Persons in respect of whom we process personal data have the right to obtain from us confirmation as to whether personal data is being processed by us and, if so, information about our processing of their personal data. Furthermore, if provided for under the data protection law applicable to them (in particular the EU-DSGVO), data subjects may have the processing of their personal data restricted, exercise their right to data transferability, have their personal data corrected, deleted ("right to be forgotten") or blocked, revoke consents given and object to the processing of their personal data. The exercise of the aforementioned rights generally requires that you clearly prove your identity. Please send us a copy of your identity card for this purpose if your identity is otherwise not clear or cannot be verified.
We reserve the right to assert the restrictions provided for by law, for example if we are obliged to store or process certain personal data, if we have an overriding interest in doing so (insofar as we are entitled to invoke this) or if we need it for the assertion of claims. Please note that the exercise of the aforementioned rights may conflict with contractual agreements between you and us (e.g. concerning the provision of services which you have ordered via our online platform) and this may lead to consequences such as the premature termination of the contract or costs. In these cases we will inform you in advance.
In addition, persons about whom we process personal data have the right to enforce their claims in court and a right of appeal to a competent supervisory authority for data protection. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC). Information on the FDPIC can be found under the following link:
Data subjects and supervisory authorities may contact us by e-mail or by post at the addresses given in Section 7.
7. Third party responsibility
Helenastrasse 3, 8008 Zürich
8. Data security
We take adequate technical and organisational security measures to protect your personal data fromunauthorised access and misuse (e.g. encryption of data carriers and data transmissions, accessrestrictions). Access to our online platform and its applications is carried out using SSL/TLSencryption.
2. Adjustment of the browser settings