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Data Privacy

Thank you for visiting this website and for showing interest in our products. The protection of your personal data is important to us, and we want you to feel secure and well taken care of when using our website.

We care about
protecting your data

This data privacy declaration informs you about how, where and for what purpose we process specific personal data – in particular in relation to your use of our https://www.capstonelaw.ch/ website and our other offering. The privacy policy declaration also informs you about the rights of persons whose data is processed by us.

As regards individual or additional offers and services, special, supplementary or additional data privacy declarations as well as other legal documents – such as general terms and conditions (GTC), terms of use or conditions of participation – may apply.

Our offering is subject to Swiss data privacy law as well as any applicable foreign data privacy law, in particular that of the European Union (EU), including the General Data Protection Regulation (GDPR). The European Commission recognizes that Swiss data privacy law ensures adequate protection of personal data.

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 | csl@capstonelaw.ch

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
Switzerland

hans.moritz@capstonelaw.ch

2. Processing of Personal Data

2.1 Terms

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

5.1 Cookies

We may use cookies for our website. Cookies – be it our own cookies (first-party cookies) or cookies from third parties whose services we use (third-party cookies) – refer to data that is stored in your browser. This data is not necessarily limited to traditional text-based cookies. Cookies cannot execute programs or transmit malware such as Trojans and viruses.

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.

You can partially or fully disable cookies in your browser settings at any time, or you can delete them. Without cookies, certain functions or sections of our website may become unavailable. We will actively seek your explicit consent for the use of cookies, if and when required.

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.

6. Notifications and Messages

We send notifications and communications such as newsletters by e-mail and via other communication channels such as instant messaging.

6.1 Performance and reach measurement

Notifications and messages may contain web links or tracking pixels that track whether an individual message has been opened and which web links have been clicked. Such web links and tracking pixels may also track the interaction with notifications and communications on a personal basis. We need this statistical usage information to measure the performance/success and reach of the website. This, in turn, allows us to tailor notifications and messages to the needs and reading habits of the recipients in an effective and user-friendly manner to ensure consistent, secure and reliable communication.

6.2 Consent and objection

In principle, you must expressly consent to the use of your e-mail address and other contact addresses, unless the use is permitted for other legal reasons. Where possible, we use the “double opt-in” procedure to obtain your consent to receive e-mails. Specifically, you will receive an e-mail with a web link which you must click to confirm. This procedure is designed to prevent misuse by unauthorized third parties. We may log this consent, including Internet Protocol (IP) address, date and time, for security purposes and as evidence.

You can generally unsubscribe from notifications and communications such as newsletters at any time. As an exception, we may send notifications and communications that are absolutely necessary for our offer. By unsubscribing, you can in particular object to the statistical recording of your usage for the purpose of performance and reach measurement.

6.3 Service providers for notifications and messages

We dispatch notifications and communications through third-party services or with the help of service providers. Cookies may also be used in the process. We ensure that these services adhere to all relevant data privacy regulations.

In particular, we use:

Mailchimp: Communication platform; provider: The Rocket Science Group LLC d/b/a Mailchimp (USA); data privacy information: “Privacy Policy”; “Mailchimp and European Data Transfers”.

7. Social Media

We have a presence on social media platforms and other online platforms to communicate with interested individuals and provide information about our offering. As part of this communication, personal data may also be processed outside of Switzerland and the European Economic Area (EEA).

The General Terms and Conditions (GTC) and Terms of Use as well as data privacy declarations and other provisions of the individual operators of these online platforms also apply in each case. These provisions provide specific information about the rights of data subjects, which include, in particular, the right of being informed.

As regards our social media presence on Facebook, including the so-called Page Insights, we are jointly responsible with Facebook Ireland Limited in Ireland if and to the extent that the GDPR is applicable. Page insights provide information on how visitors interact with our Facebook presence. We use Page Insights as an aid to provide our social media presence on Facebook in an effective and user-friendly manner.

Further information on the nature, scope and purpose of data processing, information on the rights of data subjects and the contact details of Facebook as well as Facebook’s data protection officer can be found in Facebook’s privacy policy (“Data Policy”). We have entered into what is known as the “Page Controller Addendum” with Facebook, specifically agreeing that Facebook is responsible for ensuring the rights of data subjects. As regards so-called Page Insights, the corresponding information can be found on the “Information on Page Insights” pages – including “Page Insights Controller Addendum” and “Information on Page Insights Data” – on Facebook.

8. Performance and Reach Measurement

Google Analytics

We use Google Analytics to analyze how our website is used. This includes, for example, measuring the reach of our website and the success of third-party links to our website. Google Analytics is a service of the American company Google LLC. The Irish company Google Ireland Limited is responsible for users in the European Economic Area (EEA) and Switzerland.

Google also attempts to track individual visitors to our website that use different browsers or devices (cross-device tracking). This also involves the use of cookies. Google Analytics requires your Internet Protocol (IP) address, but this is not merged with any other data controlled by Google.

In any case, we have your Internet Protocol (IP) address anonymized before it is used for analytics purposes by Google. As a result, your full IP address is generally not transmitted to Google in the USA.

Further information on the nature, scope and purpose of data processing can be found in Google’s Privacy and Security Principles and Privacy Policy, in the Google Product Privacy Guide (including Google Analytics), in the explanation of how Google uses information from sites that use our services and in the information on how Google uses cookies. Furthermore, it is possible to use the “Google Analytics Opt-out Browser Add-on” and to object to personalized advertising.

9. Third-Party Services

We use third-party services that are necessary to provide our offering permanently and in a user-friendly, secure and reliable manner. Such services are also used to embed content into our website. Such services – such as hosting and storage services, video services and payment services – require your Internet Protocol (IP) address to allow these services to deliver the relevant content. Such services may be located outside of Switzerland and the European Economic Area (EEA), provided that adequate data protection is guaranteed.

For their own purposes relating to security, statistics and technology, third parties whose services we use may also process data connected to our offering and from other sources in an aggregated, anonymous or pseudonymous format by means of cookies, log files, tracking pixels and the like.

9.1 Digital infrastructure

We use third-party services in order to draw on the digital infrastructure required for our offering. These include, for example, hosting and storage services from specialist providers.

In particular, we use:

9.2 Social media functions and social media content

9.2.1 Facebook

We use social plugins from Facebook to embed Facebook functions and Facebook content on our website. These functions include “Like” or “Share”. This also involves the use of cookies. For more information, please visit Facebook’s “Social Plugins” page.

Social plugins are an offer of Facebook Ireland Ltd. in Ireland or of US-based Facebook Inc. If you are a registered Facebook user, Facebook can match the use of our online offering to your profile. For further information on the nature, scope and purpose of data processing, please visit Facebook’s privacy policy (“Data Policy”).

9.2.2 LinkedIn

We draw on the option of embedding functions and content from LinkedIn with the help of plugins on our website. This allows us, for example, to enable you to use LinkedIn’s “share” feature on our website. The process also involves the use of cookies. For more information, please visit LinkedIn’s page on plugins.

The plugins are offered by LinkedIn Ireland Unlimited Company in Ireland or the US-based LinkedIn Corporation. If you are a registered LinkedIn user, LinkedIn can match the use of our online offering to your profile. For further information on the nature, scope and purpose of data processing, please consult the privacy policy, cookie policy and privacy portal of LinkedIn. Furthermore, it is possible to object to personalized advertising.

9.3 Map material

We use OpenStreetMap (OSM) to embed maps on our website. The process also involves the use of cookies. OSM is a service of the British OpenStreetMap Foundation. For further information on the nature, scope and purpose of data processing, please consult the privacy policy of the OpenStreetMap Foundation.

9.4 Entertainment

9.4.1 We use Vimeo to embed videos on our website. The process also involves the use of cookies. Vimeo is a service of the US company Vimeo Inc. For further information on the nature, scope and purpose of data processing, please see the FAQ on privacy at Vimeo and the Vimeo Privacy Policy.

9.4.2 We use YouTube to embed videos on our website. The process also involves the use of cookies. YouTube is a service of the US company Google LLC. The Irish company Google Ireland Limited is responsible for users in the European Economic Area (EEA) and Switzerland. Further information on the nature, scope and purpose of data processing can be found in Google’s Privacy and Security Principles and Privacy Policy, in the Google Product Privacy Guide (including YouTube), in the explanation of how Google uses information from sites that use our services and in the information on how Google uses cookies. Furthermore, it is possible to object to personalized advertising.

9.5 Fonts

We use Google Fonts to embed fonts in our website. The process does not involve the use of cookies. This is a service of the US company Google LLC, which is offered independently of other Google services. The Irish company Google Ireland Limited is responsible for users in the European Economic Area (EEA) and Switzerland. For further information on the nature, scope and purpose of data processing, please visit Google’s Privacy and Security Principles and Privacy Policy.

10. Website Extensions

We use Google reCAPTCHA to protect input forms from bots and spam while reliably supporting human input. The process also involves the use of cookies. Google Analytics is a service of the American company Google LLC. The Irish company Google Ireland Limited is responsible for users in the European Economic Area (EEA) and Switzerland. For further information on the nature, scope and purpose of data processing, please visit Google’s Privacy and Security Principles, Privacy Policy and consult the information on how Google uses cookies.

11. Final Provisions

We reserve the right to amend and supplement this privacy policy at any time. We will inform you about such amendments and supplements in an appropriate format, in particular by publishing the respective valid privacy policy on our website.