Privacy Policy

The controller (responsible entity) within the meaning of Swiss data protection law (in particular the Federal Act on Data Protection, FADP) and—where applicable—the EU General Data Protection Regulation (GDPR) is:

ValuTech GmbH Contact details: see Imprint

General Information

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Swiss Confederation (Federal Act on Data Protection, FADP), every person is entitled to the protection of their privacy and to protection against the misuse of their personal data. The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the applicable data protection legislation and this Privacy Policy.

In cooperation with our hosting providers, we endeavour to protect the databases as well as possible against unauthorised access, loss, misuse, or falsification.

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

By using this website, you consent to the collection, processing, and use of data in accordance with the description below. This website can generally be visited without registration. In doing so, data such as pages accessed or the name of the retrieved file, date, and time are stored on the server for statistical purposes, without these data being directly attributable to your person. Personal data, in particular name, address, or email address, are collected on a voluntary basis wherever possible. No data will be disclosed to third parties without your consent.

Processing of Personal Data

“Personal data” means all information relating to an identified or identifiable natural person. A “data subject” is a person whose personal data are processed. “Processing” means any handling of personal data, regardless of the means and procedures used, in particular storing, disclosing, obtaining, deleting, saving, altering, destroying, and using personal data.

We process personal data in compliance with Swiss data protection law. In addition, to the extent and insofar as the EU GDPR is applicable, we process personal data on the following legal bases in connection with Article 6(1) GDPR:

• Consent (Art. 6(1) sentence 1 lit. a GDPR) – the data subject has given consent to the processing of their personal data for one or more specific purposes.
• Performance of a contract and pre-contractual enquiries (Art. 6(1) sentence 1 lit. b GDPR) – processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
• Legal obligation (Art. 6(1) sentence 1 lit. c GDPR) – processing is necessary for compliance with a legal obligation to which the controller is subject.
• Vital interests (Art. 6(1) sentence 1 lit. d GDPR) – processing is necessary to protect the vital interests of the data subject or of another natural person.
• Legitimate interests (Art. 6(1) sentence 1 lit. f GDPR) – processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject.
• Recruitment process as a pre-contractual/contractual relationship (Art. 9(2) lit. b GDPR) – where, in the course of a recruitment process, special categories of personal data within the meaning of Art. 9(1) GDPR (e.g., health data such as severe disability status or ethnic origin) are requested from applicants so that the controller or the data subject can exercise rights and fulfil obligations arising from employment law and social security and social protection law, such data are processed pursuant to Art. 9(2) lit. b GDPR; in the case of protection of vital interests of applicants or other persons pursuant to Art. 9(2) lit. c GDPR; or for purposes of preventive or occupational medicine, assessment of the working capacity of the employee, medical diagnosis, provision of health or social care or treatment, or management of health or social care systems and services pursuant to Art. 9(2) lit. h GDPR. Where special categories of data are provided voluntarily on the basis of consent, processing is based on Art. 9(2) lit. a GDPR.

We process personal data for as long as required for the respective purpose(s). Where longer retention is required due to statutory or other obligations to which we are subject, we restrict processing accordingly.

Applicable Legal Bases (GDPR Information)

Pursuant to Art. 13 GDPR, we inform you of the legal bases for our processing activities. Where the legal basis is not specifically stated in this Privacy Policy, the following applies: the legal basis for obtaining consent is Art. 6(1) lit. a and Art. 7 GDPR; the legal basis for processing to provide our services, to carry out contractual measures, and to respond to enquiries is Art. 6(1) lit. b GDPR; the legal basis for processing to comply with legal obligations is Art. 6(1) lit. c GDPR; and the legal basis for processing to safeguard our legitimate interests is Art. 6(1) lit. f GDPR. Where vital interests of the data subject or another natural person require processing of personal data, Art. 6(1) lit. d GDPR serves as the legal basis.

Security Measures

In accordance with legal requirements, taking into account the state of the art, implementation costs, and the nature, scope, circumstances, and purposes of processing as well as the varying likelihood and severity of risks to the rights and freedoms of natural persons, we implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.

These measures include, in particular, safeguarding the confidentiality, integrity, and availability of data by controlling physical and electronic access to data and access relating to data, input, disclosure, availability safeguards, and segregation. We also have procedures in place to ensure the exercise of data subject rights, deletion of data, and responses to data breaches. Furthermore, we consider the protection of personal data already during the development or selection of hardware, software, and procedures in accordance with the principles of data protection by design and data protection by default.

Disclosure and Transfer of Personal Data

As part of our processing of personal data, it may occur that data are transferred to, or disclosed to, other entities, companies, legally independent organisational units, or persons. Recipients may include, for example, service providers entrusted with IT tasks or providers of services and content integrated into a website. In such cases, we observe legal requirements and, in particular, conclude suitable contracts or agreements with the recipients of your data that serve to protect your data.

Data Processing in Third Countries

Where we process data in a third country (i.e., outside the European Union (EU) and the European Economic Area (EEA)) or where processing takes place in the context of using third-party services or disclosing or transferring data to other persons, entities, or companies, this will only occur in accordance with applicable legal requirements.

Subject to explicit consent or transfers that are contractually or legally required, we process data in third countries only where an adequate level of data protection is recognised, where appropriate safeguards (such as standard contractual clauses) are in place, or where certifications or binding internal data protection rules exist (Art. 44 to 49 GDPR; information page of the European Commission:
https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_en) .

Cookies

This website uses cookies. Cookies are text files containing data from websites or domains visited and are stored by a browser on the user’s computer. A cookie primarily serves to store information about a user during or after their visit within an online offering. The information stored may include, for example, language settings on a website, login status, a shopping cart, or the point at which a video was watched. The term “cookies” also includes other technologies that fulfil the same functions as cookies (e.g., where user information is stored using pseudonymous online identifiers, also referred to as “user IDs”).

The following cookie types and functions are distinguished:

• Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest once a user leaves an online offering and closes their browser.
• Persistent cookies: Persistent cookies remain stored even after the browser is closed. For example, the login status can be saved or preferred content can be displayed directly when the user revisits a website. Likewise, users’ interests used for reach measurement or marketing purposes may be stored in such a cookie.
• First-party cookies: First-party cookies are set by us.
• Third-party cookies: Third-party cookies are primarily used by advertisers (so-called third parties) to process user information.
• Necessary cookies (also: essential or strictly required): Cookies may be strictly necessary for the operation of a website (e.g., to save logins or other user inputs or for security reasons).
• Statistics, marketing, and personalisation cookies: Cookies are also typically used for reach measurement and where a user’s interests or behaviour (e.g., viewing certain content, using functions, etc.) are stored in a user profile. Such profiles are used, for example, to display content that corresponds to users’ potential interests. This procedure is also referred to as “tracking”, i.e., tracking users’ potential interests. Where we use cookies or tracking technologies, we will inform you separately in this Privacy Policy or when obtaining consent.

Notes on legal bases: The legal basis on which we process your personal data using cookies depends on whether we ask for your consent. If we do and you acknowledge and consent to the use of cookies, the legal basis for processing your data is the consent you have provided. Otherwise, data processed using cookies are processed on the basis of our legitimate interests (e.g., in operating and improving our online offering) or, where the use of cookies is necessary, to fulfil our contractual obligations.

Storage period: Unless we provide explicit information on the storage period of persistent cookies (e.g., as part of a cookie opt-in), please assume that the storage period may be up to two years.

General information on withdrawal and objection (opt-out): Depending on whether processing is based on consent or a legal permission, you have the option at any time to withdraw consent you have given or to object to the processing of your data by cookie technologies (collectively referred to as “opt-out”). You may declare your objection initially via your browser settings, for example by disabling the use of cookies (this may also limit the functionality of our online offering). An objection to the use of cookies for online marketing purposes can also be declared via a variety of services, especially in the case of tracking, via the websites https://optout.aboutads.info and https://www.youronlinechoices.com . In addition, you may receive further objection notices in the context of information about the service providers and cookies used.

Processing of cookie data based on consent: We use a cookie consent management procedure in which users’ consents for the use of cookies, or the processing and providers named within the cookie consent management procedure, can be obtained, managed, and withdrawn by users. The consent declaration is stored so that it does not have to be requested again and so that consent can be proven in accordance with legal obligations. Storage may take place on the server side and/or in a cookie (so-called opt-in cookie) or using comparable technologies in order to associate the consent with a user or their device. Subject to individual information about the providers of cookie management services, the following applies: the duration of storing the consent may be up to two years. A pseudonymous user identifier is created and stored together with the time of consent, information on the scope of consent (e.g., which categories of cookies and/or service providers), and the browser, system, and device used.

• Types of data processed: Usage data (e.g., websites visited, interest in content, access times), meta/communication data (e.g., device information, IP addresses).
• Data subjects: Users (e.g., website visitors, users of online services).
• Legal bases: Consent (Art. 6(1) sentence 1 lit. a GDPR), legitimate interests (Art. 6(1) sentence 1 lit. f GDPR).

SSL/TLS Encryption

For security reasons and to protect the transmission of confidential content (such as enquiries you send to us as the website operator), this website uses SSL/TLS encryption. You can recognise an encrypted connection by the change in the browser address line from “http://” to “https://” and by the padlock symbol in your browser.

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

Server Log Files

The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

• Browser type and browser version
• Operating system used
• Referrer URL
• Hostname of the accessing computer
• Time of the server request

These data cannot be assigned to specific persons. Such data are not merged with other data sources. We reserve the right to review these data retrospectively if we become aware of specific indications of unlawful use.

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 Google LLC (USA) and/or Google Ireland Limited may use cookies and, as a result, data may be transferred to Google in the USA. We assume that, in this context, no personalised tracking takes place solely through the use of our website.

Further information can be found in Google’s Privacy Policy.

Paid Services

To provide paid services, we request additional data, such as payment details, in order to process your order or assignment. We store these data in our systems until the statutory retention periods have expired.

YouTube

This website integrates functions of the service “YouTube”. “YouTube” is operated by Google Ireland Limited, a company incorporated and operated under Irish law, with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland, which provides the services in the European Economic Area and Switzerland.

Your legal agreement with “YouTube” consists of the terms and conditions available at the following link:
https://www.youtube.com/static?gl=de&template=terms&hl=de .
These terms constitute a legally binding agreement between you and “YouTube” regarding the use of the services. Google’s Privacy Policy explains how “YouTube” handles and protects your personal data when you use the service.

Copyright

The copyright and all other rights to content, images, photos, or other files on the website belong exclusively to the operator of this website or to the specifically named rights holders. Prior written consent of the copyright holder must be obtained for the reproduction of any files.

Anyone who commits a copyright infringement without the consent of the respective rights holder may be liable to prosecution and may also be liable for damages.

General Disclaimer

All information on this website has been carefully checked. We endeavour to provide our information offering up to date, correct in content, and complete. Nevertheless, the occurrence of errors cannot be completely ruled out. We therefore do not provide any guarantee for the completeness, correctness, or timeliness of information, including of a journalistic-editorial nature. Liability claims for damages of a material or immaterial nature arising from the use of the information provided are excluded, unless there is demonstrable intent or gross negligence.

The publisher may, at its sole discretion and without notice, change or delete texts and is not obliged to update the content of this website. Use of and access to this website is at the visitor’s own risk. The publisher, its clients, or partners are not responsible for any damages, such as direct, indirect, incidental, specifically determined in advance, or consequential damages allegedly arising from visiting this website and accordingly assume no liability.

The publisher also assumes no responsibility or liability for the content and availability of third-party websites accessible 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 third-party content that may be criminally or liability-relevant or may violate common standards of decency.

Changes

We may amend this Privacy Policy at any time without prior notice. The version published on our website at the relevant time shall provide the applicable version. To the extent that the Privacy Policy forms part of an agreement with you, we will inform you of any update by email or by other appropriate means.

Questions on Data Protection

If you have any questions regarding data protection, please send us an email or contact directly the person responsible for data protection in our organisation as indicated at the beginning of this Privacy Policy.

Source: SwissAnwalt