1. Contact Addresses
Data controller with regard to the processing of personal data:
CapstoneLaw | Gartenstrasse 11 | CH-8002 Zurich
T: +41 44 201 39 39 | email@example.com
We will inform you whenever a different data controller is put in charge of processing personal data in individual cases.
Data Protection Officer for the European Economic Area (EEA)
We have appointed a data protection officer for the European Economic Area (EEA) pursuant to Art. 27 GDPR. This officer also acts as the dedicated contact for regulatory authorities and data subjects in the European Union (EU) and the Principality of Liechtenstein, Iceland and Norway for inquiries in connection with the General Data Protection Regulation (GDPR):
Dr. Hans Moritz
2. Processing of Personal Data
Personal data refers to any information relating to an identified or identifiable individual. A data subject is a person whose personal data is being processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the filing, disclosure, acquisition, collection, deletion, storage, modification, destruction and use of personal data.
The European Economic Area (EEA) comprises the European Union (EU) and the Principality of Liechtenstein, Iceland and Norway. The General Data Protection Regulation (GDPR) considers the handling of personal data as processing personal data.
2.2 Legal Basis
We process personal data in accordance with Swiss data protection law, in particular the Swiss Federal Data Protection Act (DSG) and the Ordinance to the Swiss Federal Data Protection Act (VDSG).
If and to the extent that the General Data Protection Regulation (GDPR) is applicable, we process personal data in accordance with at least one of the following legal bases:
- Art. 6 para. 1 lit. b GDPR, which regulates the processing of personal data necessary for the performance of a contract with the data subject as well as for the implementation of pre-contractual measures.
- Art. 6 para. 1 lit. f GDPR, which regulates the processing of personal data necessary to protect our legitimate interests or that of third parties, unless the fundamental freedoms and rights and interests of the data subject outweigh these interests. Legitimate interests are, in particular, our interest in being able to provide our offer permanently in a user-friendly, secure and reliable manner and to be able to advertise for it as required, to ensure information security and protection against misuse and unauthorized use, and the enforcement of our own legal claims and compliance with Swiss law.
- Art. 6 para. 1 lit. c GDPR, which regulates the processing of personal data necessary to comply with a legal obligation to which we are subject under any applicable law of member states in the European Economic Area (EEA).
- Art. 6 para. 1 lit. e GDPR, which regulates the processing of personal data necessary for the performance of a task that is in the public interest.
- Art. 6 para. 1 lit. a GDPR, which regulates the processing of personal data with the consent of the data subject.
- Art. 6 para. 1 lit. d GDPR, which regulates the processing of personal data necessary to protect vital interests of the data subject or another natural person.
2.3 Nature, scope and purpose
We process any personal data that is necessary to provide our offer permanently and in a user-friendly, secure and reliable manner. Such personal data may fall into the categories of inventory and contact data, browser and device data, content data, meta or marginal data and usage data, location data, sales, contract and payment data.
We process personal data for the period of time necessary for the relevant purpose(s) or as required by law. Personal data that no longer needs to be processed is anonymized or deleted. Persons whose data we process generally have the right to request the deletion of their data.
As a matter of principle, we only process personal data with the consent of the data subject, unless the processing is permitted for other legal reasons, for example to fulfill a contract with the data subject and for corresponding pre-contractual measures, to protect our overriding legitimate interests, because the processing is self-evident, or after prior information.
In this context, we process in particular information that a data subject voluntarily and directly submits to us when contacting us – for example by letter, e-mail, contact form, social media or telephone – or when registering a user account. We may store such information in an address book or similar means. If you transmit personal data to us via third parties, it is your obligation to guarantee data protection vis-à-vis such third parties and to ensure the accuracy of such personal data.
We also process personal data that we receive from third parties, obtain from publicly accessible sources or collect in the course of providing our services, if and to the extent that such processing is permitted for legal reasons.
2.4 Processing of personal data by third parties, including abroad
We may commission third parties with the processing of personal data or process it jointly with third parties or with the help of third parties or transmit it to third parties. Such third parties are, in particular, providers whose services we use. We ensure that such third parties adhere to all relevant data privacy regulations.
Such third parties are generally located in Switzerland and in the European Economic Area (EEA). However, such third parties may also be located in other states and territories on Earth as well as elsewhere in the universe, provided that their data protection law ensures adequate data protection in the opinion of the Federal Data Protection and Information Commissioner (FDPIC) and – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – in the opinion of the European Commission, or if adequate data protection is ensured for other reasons, such as through a corresponding contractual agreement, in particular on the basis of standard contractual clauses, or through a corresponding certification. In exceptional cases, such a third party may be located in a country without adequate data protection, provided that the relevant conditions under data protection law, such as the explicit consent of the data subject, are met.
3. Rights of Data Subjects
Data subjects whose personal data we process have the rights afforded to them under Swiss data protection law. This includes the right to information as well as the right to correction, deletion or blocking of the personal data being processed.
Data subjects whose personal data we process may – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – request confirmation free of charge as to whether we are processing their personal data and, if so, request information about the processing of their personal data, have the processing of their personal data restricted, exercise their right to data portability and have their personal data corrected, deleted (“right to be forgotten”), blocked or completed.
Data subjects whose personal data we process may – if and to the extent that the GDPR applies – revoke consent given at any time with future effect and object to the processing of their personal data at any time.
Data subjects whose personal data we process have the right of appeal to a competent supervisory authority. The Swiss supervisory authority for data protection is the Federal Data Protection and Information Commissioner (FDPIC).
4. Data Security
We take appropriate and suitable technical and organizational measures to ensure data protection and in particular data security. However, despite such measures, the processing of personal data on the Internet is always subject to a security hazard. We can therefore not guarantee absolute data security.
Access to our online offering takes place by means of transport encryption (SSL/TLS, in particular using the Hypertext Transfer Protocol Secure, or HTTPS in short). Most browsers indicate transport encryption by showing a padlock in the address bar.
Access to our online offering is subject – as is basically any use of the Internet – to mass surveillance without cause and without suspicion as well as other surveillance by security authorities in Switzerland, in the European Union (EU), in the United States of America (USA) and in other countries. We cannot directly influence the corresponding processing of personal data by secret services, police agencies and other security authorities.
5. Use of the Website
Cookies can be stored temporarily in your browser as “session cookies” when you visit our website or for a specific period of time as so-called permanent cookies. “Session cookies” are automatically deleted when you close your browser. Permanent cookies are retained over a specific period of time. In particular, they enable us to recognize your browser the next time you visit our website to allow us to measure the reach of our website, for example. Permanent cookies can also be used for online marketing or similar purposes.
In the case of cookies used for advertising or to measure the performance or reach of the website, a general objection (“opt-out”) is possible for numerous services via the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).
5.2 Server log files
We may collect the following information each time you access our website, provided that this information is transmitted by your browser to our server infrastructure or can be determined by our web server: date and time including the time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-page of our website called up including amount of data transferred, website last called up in the same browser window (referrer).
We store this information, which may also constitute personal data, in server log files. This information is necessary to provide our online offer permanently and in a user-friendly and reliable manner. We also depend on it to ensure data security and thus, in particular, the protection of personal data, including processing by third parties or with the assistance of third parties.
5.3 Tracking pixels
We may use tracking pixels on our website. Tracking pixels are also known as web beacons. Tracking pixels – including those from third parties whose services we use – are small, generally invisible images that are automatically retrieved when you visit our website. Tracking pixels can be used to collect the same information as server log files.