The data controller for the purposes of data protection law, particularly the EU General Data Protection Regulation (GDPR) is: ALCEDO & PIÙ Lorenz Brügger Dammweg 9 3013 Bern, Switzerland Tel.: +41792869372 Email: lorenz.bruegger@alcedopiu.ch Website: https://alcedopiu.ch/
General information
Pursuant to Article 13 of the Swiss Constitution and the Swiss federal data protection provisions (Data Protection Act/Datenschutzgesetz, DSG), every person is entitled to the protection of their privacy as well as protection against the misuse of their personal data. Protecting your personal data is of great importance to the operators of this website, and we take it very seriously. We treat your personal data as confidential and process it in accordance with the statutory data protection regulations as well as this Data Protection Statement. In collaboration with our hosting providers, we make every effort to protect our databases as effectively as possible against unauthorised access, loss, misuse or falsification. Please note, however, that data transfer on the internet (e.g. via email) may be subject to security vulnerabilities. It is not possible to completely protect data against third-party access. By using this website, you consent to data collection, processing and use as described below. In principle, it is possible to use this website without registering. If you do so, data such as webpages accessed, the names of files accessed and the date and time of access may be saved on our server without being directly traceable to you. As far as possible, personal data, particularly your name, address or email address, are collected on a voluntary basis. We will not share your data with third parties without your consent.
Processing of personal data
Personal data include any details that pertain to a particular or identifiable person. A data subject is a person whose personal data are processed. Processing includes any handling of personal data, regardless of the methods and processes used, in particular the storage, disclosure, collection, erasure, saving, amendment, destruction and use of personal data. We process personal data in accordance with Swiss data protection law. Furthermore, where and to the extent that the EU GDPR is applicable, we process personal data on the following legal bases in connection with Art. 6(1) GDPR:
- point a) processing of personal data with the consent of the data subject.
- point b) processing of personal data 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.
- point c) processing of personal data where necessary for compliance with a legal obligation to which we are subject under the applicable EU law or under the law of a country in which the GDPR is applicable in full or in part.
- point d) processing of personal data in order to protect the vital interests of the data subject or of another natural person.
- point f) processing of personal data for the purposes of the legitimate interests pursued by ourselves or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. In particular, legitimate interests include our commercial interest in being able to provide our website, information security, the enforcement of our own legal rights and compliance with Swiss law.
We will only process your personal data for the duration required for the respective purpose or purposes. Where the required data retention periods are longer due to our legal and other obligations, we will restrict the processing of your data accordingly.
Cookie data protection statement
This website uses cookies. These are small text files that allow us to store information specific to the user on their end device while they are using the website. Cookies enable us to measure frequency of use and the number of users of our webpages and analyse webpage use behaviours, but also to make our content more user-friendly. Cookies remain stored on your device after your browser session has ended and can then be accessed once again when you return to the website. If you do not want this to happen, you should adjust your browser settings to block cookies. You can make a general objection to the use of cookies for online marketing purposes for many services, particularly in relation to tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. You can also disable the storage of cookies by adjusting your browser settings. Please note that if you choose to do this, you may not be able to enjoy all of the functions of our online offering.
Data protection statement for SSL/TLS encryption
For security purposes and to protect confidential content such as enquiries you submit to us as the site operator, this website uses SSL/TLS encryption. If the connection is encrypted, the browser address bar changes from “http://” to “https://” and a padlock symbol appears beside it. If SSL or TLS encryption is active, the data you transmit to us cannot be read by third parties.
Data protection statement for server log files
The provider of this website automatically collects and stores information in server log files, which your browser transmits to us automatically. This includes:
- Browser type and version
- Operating system used
- Referrer URL
- Hostname of the computer accessing the website
- Time of server request
These data cannot be linked to specific persons. They are not amalgamated with other data sources. We reserve the right to check this data retrospectively if we become aware of any concrete indication of unlawful use.
Third-party services
This website may use Google Maps for embedding maps, Google Invisible reCAPTCHA to protect against bots and spam and YouTube for embedding videos. As these services provided by the US company Google LLC use cookies among other things, data is transmitted to Google in the USA. However, we assume that no personal tracking in this respect takes place as a result of the use of our website alone. Google has committed to ensuring an appropriate level of data protection in accordance with the EU-US Privacy Shield and the US-Swiss Privacy Shield. You can find further information in the Google Privacy Policy.
Rights of data subjects
Right to confirmation Every data subject has the right to demand confirmation from the website operator as to whether personal data pertaining to the data subject are being processed. If you would like to exercise this right to confirmation, you can contact the Data Protection Officer at any time. Right to information Any data subject with personal data affected by the processing has the right to receive from the operator of this website, free of charge, information on the personal data stored relating to him or her and to receive a copy of this information. Furthermore, you can request information about the following areas:
- the purposes of the processing
- the categories of personal data being processed
- recipients to whom the personal data has been or will be disclosed
- where possible, the planned period for which the personal data will be stored or, if that is not possible, the criteria used to determine that period
- the existence of a right to rectification or erasure of your personal data or restriction of processing by the data controller or to object to such processing
- the existence of a right to lodge a complaint with a supervisory authority
- if the personal data are not collected from the data subject: All information available about the origin of the data
Furthermore, the data subject has a right to information on whether personal data are being transferred to a third country or an international organisation. If this is the case, the data subject also has the right to receive information concerning appropriate guarantees in connection with the transfer of the data. If you wish to exercise this right to information, you may contact our Data Protection Officer at any time. Right to rectification Every person affected by the processing of personal data has the right to demand the rectification of inaccurate information concerning him or her without undue delay. In addition, data subjects have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If you wish to exercise this right to rectification, you may contact our Data Protection Officer at any time. Right to erasure (right to be forgotten) Every person affected by the processing of personal data has the right to obtain from the party responsible for this website the erasure of personal data concerning him or her without undue delay where one of the following grounds applies:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed
- The data subject withdraws the consent on which the processing is based and there is no other legal basis for the processing
- The data subject objects to the processing for reasons relating to their particular situation and there are no overriding legitimate grounds for the processing or the data subject objects to the processing in the case of direct advertising and related profiling
- The personal data have been unlawfully processed
- The personal data have to be erased to comply with a legal obligation to which the controller is subject in Union or Member State law
- The personal data have been collected in relation to the offer of information society services directly to a child
Where one of the above reasons applies and you wish to request the erasure of personal data stored by the operator of this website, you may contact our Data Protection Officer at any time. The Data Protection Officer will ensure that your request for erasure is fulfilled without undue delay. Right to restriction of processing Any person affected by the processing of personal data has the right to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims
- The data subject has, for reasons related to their particular situation, objected to processing pending verification of whether the legitimate grounds of the controller override those of the data subject
If one of the above situations applies to you and you would like to request the restriction of processing of personal data stored by the operator of this website, you may contact our Data Protection Officer at any time to do so. The Data Protection Officer for this website will then ensure that the processing of your data is restricted accordingly. Right to data portability Any data subject affected by the processing of personal data has the right to receive the personal data concerning him or her in a structured, commonly used and machine-readable format. The data subject also has the right to allow these data to be transmitted to another controller provided that the relevant legal requirements are fulfilled. Furthermore, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others. Should you wish to exercise your right to data portability, you may contact the Data Protection Officer appointed by the operator of this website at any time. Right to object Any data subject affected by the processing of personal data has the right to object at any time, on grounds relating to his or her particular situation, to processing of personal data concerning him or her. If a data subject objects to the processing of his or her data, the operator of this website will no longer process their data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims. Should you wish to exercise your right to object, you may contact the Data Protection Officer for this website at any time to do so. Right to withdraw consent related to data protection Any data subject affected by the processing of personal data has the right to withdraw consent to the processing of personal data at any time. If you wish to exercise your right to withdraw consent, you may contact our Data Protection Officer at any time to do so.
Data protection statement for objection to advertising mails
The use of the contact details provided under the obligation under German law to provide contact details in the form of an “site notice” for the transmission of unsolicited advertising and information materials is hereby prohibited. The operators of this website expressly reserve the right to take legal action in the event that unsolicited advertising material, e.g. in the form of spam, is sent using the aforementioned contact details.
Use of Google Maps
This website uses Google Maps. to display interactive maps directly on the website and allow you to use the map function with ease. When you use the website, Google receives the information that you have accessed the corresponding subpage on our website. This occurs regardless of whether you are logged into a Google account or whether you do not have one. If you are logged into Google, your data will be associated directly with your account. If you do not wish your visit to be associated with your Google profile, you must log out before clicking the button. Google stores your data as part of a user profile and uses it for advertising and market research purposes and/or to help tailor its websites to your needs. In particular this information will be used (even for users who are not logged into a Google account) to offer tailored advertising and inform other social network users about your activities on our website. You have the right to object to the creation of these user profiles, but must contact Google in order to exercise this right. You can find further details about the purpose and extent of data collection and the processing of data by Google as well as other information concerning your rights in this regard and the configuration options open to you in order to protect your privacy at:
https://policies.google.com/privacy?hl=en-GB.
Data protection statement for Google Analytics
This website uses Google Analytics, a web analytics service of Google Ireland Limited. If the controller responsible for data processing on this website is headquartered outside the European Economic Area or Switzerland, the Google Analytics data processing will be performed by Google LLC. Google LLC and Google Ireland Limited will hereinafter be referred to as “Google”. The statistics we derive from the data analytics enable us to improve our offerings and make them more interesting for you as a user. This website also uses Google Analytics for the cross-device analysis of visitor traffic, performed using a user ID. If you have a Google user account, you can disable the cross-device analysis of your usage in your account settings under “My data”-> “Personal data”. The legal basis for the use of Google Analytics is point f of Article 6(1) GDPR. The IP address transmitted by your browser through the use of Google Analytics will not be amalgamated with other data by Google. Please be advised that Google Analytics has been enhanced with the code “«_anonymizeIp();” on this website to ensure the anonymised collection of IP addresses. This ensures that IP addresses are truncated before further processing, meaning that they cannot be linked to a specific person. If the data collected in relation to you contain any personal references, these will therefore be eliminated and the personal data thus deleted immediately. The entire IP will be transmitted to a Google server in the USA and truncated there in exceptional cases only. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, generate reports about activities on the website and offer other services to the website operator in connection with use of the website and internet use. For the exceptional cases where personal data are transmitted to the USA, Google has committed to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. Google Analytics uses cookies. The information generated by these cookies about your use of this website is generally transmitted to a Google server in the USA and stored there. You can disable cookie storage by adjusting your browser settings accordingly; however, please be aware that if you do so, you may not be able to make full use of all the functions of this website. You can also prevent the transmission of data created by the cookies regarding your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the link below: disable Google Analytics. In addition, you can disable the use of Google Analytics by clicking this link: disable Google Analytics. This will store what is known as an opt-out cookie on your data carrier that will prevent the processing of personal data by Google Analytics. Please note that if you delete all cookies on your end device, these opt-out cookies will also be deleted, i.e. you will need to install the opt-out cookies again if you wish to continue preventing this form of data collection. Opt-out cookies are specific to each browser and computer/end device and must therefore be stored separately for every browser and for every computer or other end device.
Data protection statement for HubSpot
Our website uses HubSpot, which is marketing automation software provided by the company HubSpot, 2nd Floor 30 North Wall Quay, Dublin 1, Ireland. HubSpot is a US software company with a European branch headquartered in Ireland. HubSpot helps us to analyse the use of our portal through the use of cookies. In this context, specific usage data are associated with you (e.g. after you have entered details into a registration form) and stored in our CRM. This enables us to provide you with information and offerings that are tailored directly to your interests. As part of this process, your personal data may be transmitted to HubSpot servers in the USA. In such cases, the appropriate level of protection is ensured because HubSpot Inc. is a member of the EU-US Data Shield Agreement and is certified for compliance with it. We use HubSpot to provide you with tailored information and offerings. Accordingly, we have a legitimate interest in the processing of this data pursuant to point f of Article 6(1) GDPR. The legal basis for our processing of your personal data in connection with the use of HubSpot is point f of Article 6(1) GDPR. As part of our use of HubSpot, we store your personal data for as long as necessary to provide you with tailored information and offerings. You are not legally obliged to provide the personal data collected via HubSpot, nor the provision of such data necessary for the conclusion of a contract. However, if you do not make these data available to us, we will be unable to provide you with tailored information and offerings. You can find more information about how HubSpot uses your data in the HubSpot Privacy Policy at: https://legal.hubspot.com/privacy-policy . You may object to the use of your data at any time, e.g. by sending an email to the email address we have provided in this Data Protection Statement. HubSpot is certified in accordance with the conditions set forth in the EU-U.S. Privacy Shield Framework and is compliant with the requirements for the TRUSTe Privacy Seal and those specified in the U.S.-Swiss Safe Harbor Framework.
Data protection statement for LinkedIn
This website uses functions of the LinkedIn network. These functions are supplied by the LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Every time you access one of our webpages which contains LinkedIn functions, a connection is established with LinkedIn servers. LinkedIn is informed that you have visited our webpages using your IP address. If you click the LinkedIn “Recommend” button while logged into your LinkedIn account, LinkedIn can associate your visit to our website with your user account. Please be advised that as the provider of the webpages in question, we have no knowledge regarding the contents of the data transmitted or their use by LinkedIn. You can find further information about this in the LinkedIn Privacy Policy at: https://www.linkedin.com/legal/privacy-policy
Audio and video conferences
We use audio and video conferencing services to communicate with our users as well as others. In particular, these services enable us to conduct audio and video conferences, virtual meetings and trainings such as webinars. We only use services which guarantee an appropriate level of data protection. Please note that any terms and conditions of the services used, such as terms of use and privacy policies, apply in addition to this data protection statement.
Copyrights
Copyrights and all other rights regarding content, images, photos or other files on this website belong exclusively to the operator of this website or to the expressly credited rights holder. The written consent of the copyright holder must be obtained in advance for the reproduction of any file. Anyone who commits a copyright infringement without the consent of the respective rights holder may be liable to prosecution and may also be ordered to pay damages.
General disclaimer
We check all elements of our internet offering with care and strive to ensure that the information we provide is current, accurate and complete. Nevertheless, we cannot entirely rule out the possibility that errors may arise and as such we are unable to guarantee the completeness, accuracy and currency of this information, including journalistic and editorial content. Liability claims arising from tangible or intangible damage incurred through the use of the information offered on this website shall not be entertained unless there is evidence of intentional or grossly negligent fault. The publisher may, at its own discretion and without notice, alter or remove texts, and is under no obligation to update the content of this website. Use of or access to this website is entirely at the user’s own risk. The publisher, its clients and its partners are not responsible for damages such as direct, indirect, incidental, consequential or special damages incurred as a result of visiting this website, and shall therefore accept no liability for such damages. The publisher shall also assume 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 websites are exclusively responsible for the content of such sites. The publisher thus expressly distances itself from all third-party content that may violate criminal or liability law or be considered morally offensive.
Changes
We reserve the right to amend this Data Protection Statement at any time without notice. The most recent version, as published on our website, shall be valid. Where the Data Protection Statement forms part of an agreement with you, we will notify you of the changes via email or in another other suitable way in the event of an update.
Questions for the Data Protection Officer
Should you have any questions regarding data protection, please email us or contact the person specified at the start of this Data Protection Statement as the responsible point of contact within our organisation for data protection matters. Bern, 5/10/2020 Source: SwissAnwalt