Privacy Policy
The responsible body within the meaning of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:
Evi Kusstatscher
7553 Tarasp
info@evikusstatscher.com
General remark
Based on Article 13 of the Swiss Federal Constitution and the federal data protection regulations (Data Protection Act, DSG), every person has the right to protection of their privacy and protection against misuse of their personal data. The operators of this site take the protection of your personal data very seriously.
We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.
In collaboration with our hosting providers, we strive to protect the databases as best as possible against unauthorized access, loss, misuse or forgery.
We would like to point out that data transmission over the Internet (e.g. when communicating via email) can have security gaps. Complete protection of data from access by third parties is not possible.
By using this website, you agree to the collection, processing and use of data as described below. This website can generally be visited without registration. Your data will not be passed on to third parties without your consent.
Processing of personal data
Personal data is all information that relates to a specific or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, deletion, storage, modification, destruction and use of personal data.
We process personal data in accordance with Swiss data protection law. Furthermore, to the extent and to the extent that the EU GDPR is applicable, we process personal data in accordance with the following legal bases in connection with Art. 6 Para. 1 GDPR:
• Consent (Art. 6 Para. 1 S. 1 lit. a. GDPR) - The data subject has given his or her consent to the processing of personal data concerning him or her for a specific purpose or several specific purposes.
• Fulfillment of the contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR) - The processing is for the fulfillment of a contract to which the contracting party is data subject is necessary, or is necessary to carry out pre-contractual measures at the request of the data subject.
• Legal obligation (Art. 6 Para. 1 S. 1 lit. c. GDPR) - Processing is necessary to fulfill a legal obligation to which the controller is subject.
• Protection of vital interests (Art. 6 Para. 1 S. 1 lit. GDPR) - Processing is necessary to protect the vital interests of the data subject or another natural person.
• Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR) - Processing is necessary to protect the legitimate interests of the controller or a third party, unless the interests or fundamental rights and freedoms of the data subject are protected requiring personal data predominate.
We process personal data for the period necessary for the respective purpose or purposes. If retention obligations last longer due to legal and other obligations to which we are subject, we will restrict processing accordingly.
Safety measures
We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons to ensure a level of protection appropriate to the risk.
The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as the access, input, transfer, securing availability and their separation. We have also set up procedures to ensure that the rights of those affected are exercised, data are deleted and responses are made to data threats. We also take the protection of personal data into account when developing or selecting hardware, software and procedures in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.
Transfer of personal data
As part of our processing of personal data, the data may be transmitted to or disclosed to other bodies, companies, legally independent organizational units or persons. The recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we observe the legal requirements and, in particular, conclude appropriate contracts or agreements with the recipients of your data that serve to protect your data.
Privacy Policy for Cookies
This site uses cookies. Cookies are text files that contain data from visited websites or domains and are stored by a browser on the user's computer. A cookie is primarily used to store information about a user during or after their visit to an online offering. The information stored can include, for example, the language settings on a website, the login status, a shopping cart or the location where a video was watched. The term “cookies” also includes other technologies that fulfill the same functions as cookies (e.g. when 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 or session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed their browser.
• Permanent cookies: Permanent 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 visits a website again. The interests of users, which are used to measure reach or for marketing purposes, can also be stored in such a cookie.
• First-party cookies: First-party cookies are set by us.
• Third-party cookies (also: third-party cookies): Third-party cookies are mainly used by advertisers (so-called third parties) to process user information.
• Necessary (also: essential or absolutely necessary) cookies: Cookies can be absolutely necessary for the operation of a website (e.g. to save logins or other user input or for security reasons).
• Statistics, marketing and personalization cookies: Cookies are also generally used as part of reach measurement and when the interests of a user or their behavior (e.g. viewing certain content, using functions, etc.) on individual websites in one User profile can be saved. Such profiles are used, for example, to show users content that corresponds to their potential interests. This process is also known as “tracking”, i.e. tracking the potential interests of users. If we use cookies or “tracking” technologies, we will inform you separately in our data protection declaration 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 you for consent. If this is the case and you agree to the use of cookies, the legal basis for processing your data is the declared consent. Otherwise, the data processed using cookies will be processed on the basis of our legitimate interests (e.g. in the commercial operation of our online offering and its improvement) or if the use of cookies is necessary to fulfill our contractual obligations.
Storage period: Unless we provide you with explicit information about the storage period of permanent cookies (e.g. as part of a so-called cookie opt-in), please assume that the storage period can be up to two years.
General information on revocation and objection (opt-out): Depending on whether the processing is based on consent or legal permission, you have the option at any time to revoke your consent or to object to the processing of your data using cookie technologies ( collectively referred to as “opt-out”). You can first declare your objection using your browser settings, for example by deactivating the use of cookies (which may also limit the functionality of our online offering). An objection to the use of cookies for online marketing purposes can also be declared using a variety of services, especially in the case of tracking, via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/ become. You can also receive further objection information as part of the information about the service providers and cookies used.
Processing of cookie data on the basis of consent: We use a cookie consent management procedure, in which the users' consent to the use of cookies or the processing mentioned as part of the cookie consent management procedure and providers can be obtained and managed and revoked by users. The declaration of consent is saved so that it does not have to be asked again and to be able to prove consent in accordance with the legal obligation. The storage can take place on the server side and/or in a cookie (so-called opt-in cookie, or using comparable technologies) in order to be able to assign the consent to a user or their device. Subject to individual information about the providers of cookie management services, the following information applies: The duration of the storage of consent can be up to two years. Here, a pseudonymous user identifier is created and stored with the time of consent, information about the scope of the consent (e.g. which categories of cookies and/or service providers) as well as 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).
• Affected persons: Users (e.g. website visitors, users of online services).
• Legal basis: Consent (Art. 6 Para. 1 S. 1 lit. a. GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).
Privacy policy for SSL/TLS encryption
This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content, such as the requests that you send to us as the site operator. You can recognize an encrypted connection by the browser's address line changing from "http://" to "https://" and by the lock symbol in your browser line.
If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
Data protection declaration for 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
• Host name of the accessing computer
• Time of server request
This data cannot be assigned to specific persons. This data will not be merged with other data sources. We reserve the right to subsequently check this data if we become aware of concrete indications of illegal use.
Third Party Services
This website uses Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam, and YouTube for embedding videos.
These services from the American Google LLC use, among other things, cookies and as a result data is transferred to Google in the USA, although we assume that no personal tracking takes place solely through the use of our website.
Google is committed to ensuring adequate data protection in accordance with the American-European and American-Swiss Privacy Shield.
Further information can be found in Google's privacy policy.
Data protection declaration for contact form
If you send us inquiries using the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us in order to process the inquiry and in case of follow-up questions. We will not pass on this data without your consent.
Rights of data subjects
Right to confirmation
Every data subject has the right to request confirmation from the website operator as to whether personal data relating to data subjects is being processed. If you would like to exercise this right of confirmation, you can contact the data protection officer at any time.
Right to information
Every person with personal data affected by the processing has the right to receive free information from the operator of this website at any time about the personal data stored about them and a copy of this information. Furthermore, if necessary, information may be provided about the following information:
• the processing purposes
• the categories of personal data that are processed
• the recipients to whom the personal data has been or will be disclosed
• if possible, the planned period for which the personal data will be stored or, if this is not possible, the criteria for determining that period
• the existence of a right to rectification or deletion of personal data concerning you or to restriction of processing by the controller or a right to object to such processing
• the existence of a right to lodge a complaint with a supervisory authority
• If the personal data is not collected from the data subject: All available information about the origin of the data
Furthermore, the data subject has the right to information as to whether personal data has been transmitted to a third country or to an international organization. If this is the case, the data subject also has the right to receive information about the appropriate guarantees in connection with the transfer.
If you would like to exercise this right to information, you can contact our data protection officer at any time.
Right to rectification
Every person affected by the processing of personal data has the right to request the immediate correction of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data - including by means of a supplementary statement.
If you would like to exercise this right to correction, you can contact our data protection officer at any time.
Right to deletion (right to be forgotten)
Any person affected by the processing of personal data has the right to request that the person responsible for this website delete the personal data concerning him or her immediately if one of the following reasons applies and if the processing is not necessary:
• The personal data was collected or otherwise processed for purposes for which it is no longer necessary
• The data subject withdraws the consent on which the processing was based and there is no other legal basis for the processing
• The data subject objects to the processing on grounds relating to their particular situation and there are no overriding legitimate grounds for the processing, or in the case of direct advertising and related profiling, the data subject objects to the processing a
• The personal data was processed unlawfully
• The deletion of personal data is necessary to comply with a legal obligation under Union or Member State law to which the controller is subject
• The personal data was collected in relation to information society services offered directly to a child
If one of the reasons mentioned above applies and you would like to have personal data stored by the operator of this website deleted, you can contact our data protection officer at any time. The data protection officer for this website will ensure that the deletion request is complied with immediately.
Right to restriction of processing
Any person affected by the processing of personal data has the right to request that the person responsible for this website restrict processing if one of the following conditions 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, the data subject refuses the deletion of the personal data and instead requests the restriction of the use of the personal data
• The controller no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims
• The data subject has objected to the processing for reasons relating to his or her particular situation and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject
If one of the above conditions is met and you would like to request the restriction of personal data stored by the operator of this website, you can contact our data protection officer at any time. The data protection officer of this website will arrange for the processing to be restricted.
Right to data portability
Every person 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. You also have the right to have this data transmitted to another person responsible if the legal requirements are met.
Furthermore, the data subject has the right to have the personal data transmitted directly from one person responsible to another person responsible, to the extent that this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.
To assert your right to data portability, you can contact the data protection officer appointed by the operator of this website at any time.
Right to object
Every person affected by the processing of personal data has the right to object at any time to the processing of personal data concerning them for reasons arising from their particular situation.
The operator of this website will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing that outweigh the interests, rights and freedoms of the data subject, or if the processing is for the assertion, exercise or serves to defend legal claims.
To exercise your right to object, you can contact the data protection officer of this website directly.
Right to revoke your data protection consent
Every person affected by the processing of personal data has the right to revoke their consent to the processing of personal data at any time.
If you would like to exercise your right to revoke your consent, you can contact our data protection officer at any time.
Data protection declaration for objection to advertising emails
The use of contact details published as part of the imprint obligation to send unsolicited advertising and information materials is hereby objected to. The operators of the pages expressly reserve the right to take legal action in the event of unsolicited advertising information being sent, such as spam emails.
Paid services
In order to provide paid services, we request additional data, such as payment details, in order to process your order or to be able to carry out your order. We store this data in our systems until the statutory retention periods have expired.
Privacy Policy for Google Analytics
This website uses Google Analytics, a web analysis service provided by Google Ireland Limited. If the person responsible for data processing on this website is located outside the European Economic Area or Switzerland, then Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as “Google”.
We can use the statistics obtained to improve our offering and make it more interesting for you as a user. This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. If you have a Google user account, you can deactivate the cross-device analysis of your usage in the settings there under “My data”, “Personal data”.
The legal basis for the use of Google Analytics is Article 6 Paragraph 1 Sentence 1 Letter f of the GDPR. The IP address transmitted by your browser as part of Google Analytics is not combined with other Google data. We would like to point out that on this website Google Analytics is supplemented by the code “_anonymizeIp();” has been expanded to ensure anonymized collection of IP addresses. This means that IP addresses are further processed in abbreviated form, which means that any personal connection can be ruled out. If the data collected about you is personally related, this will be excluded immediately and the personal data will be deleted immediately.
Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
Google Analytics uses cookies. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. You can prevent the storage of cookies by setting your browser software accordingly; However, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading the browser plug-in available under the following link and install: deactivate Google Analytics.
You can also prevent the use of Google Analytics by clicking on this link: Deactivate Google Analytics. This means that a so-called opt-out cookie is stored on your data carrier, which prevents the processing of personal data by Google Analytics. Please note that if you delete all cookies on your device, these opt-out cookies will also be deleted, i.e. you will have to set the opt-out cookies again if you still want to prevent this form of data collection. The opt-out cookies are set per browser and computer/device and must therefore be activated separately for each browser, computer or other device.
Data protection declaration for Facebook
This website uses functions from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. When you access our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. Data is already being transferred to Facebook. If you have a Facebook account, this data can be linked to it. If you do not want this data to be assigned to your Facebook account, please log out of Facebook before visiting our site. Interactions, in particular the use of a comment function or clicking a “Like” or “Share” button, are also passed on to Facebook. You can find out more at https://de-de.facebook.com/about/privacy.
Privacy policy for Instagram
Functions of the Instagram service are integrated into our website. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to assign your visit to our pages to your user account. We would like to point out that as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Instagram.
Further information can be found in Instagram's privacy policy: http://instagram.com/about/legal/privacy/
External payment service providers
This website uses external payment service providers through whose platforms users and we can carry out payment transactions. For example about
• PostFinance (https://www.postfinance.ch/de/detail/legal-barrier-freedom.html)
• Visa (https://www.visa.de/USE Conditions/visa-privacy-center.html)
• Mastercard (https://www.mastercard.ch/de-ch/datenschutz.html)
• Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full)
• Stripe (https://stripe.com/de/privacy)
As part of the fulfillment of contracts, we use payment service providers on the basis of the Swiss Data Protection Regulation and, if necessary, Article 6 Paragraph 1 Letter b. EU GDPR. Furthermore, we use external payment service providers based on our legitimate interests in accordance with the Swiss Data Protection Regulation and, where necessary, in accordance with Article 6 Paragraph 1 Letter f of the EU GDPR in order to offer our users effective and secure payment options.
The data processed by the payment service providers includes inventory data, such as name and address, bank details, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract details, amounts and recipient-related information. The information is required to carry out the transactions. However, the data entered will only be processed and stored by the payment service providers. As operators, we do not receive any information about (bank) accounts or credit cards, but only information about confirmation (acceptance) or rejection of the payment. Under certain circumstances, the data may be transmitted by the payment service provider to credit reporting agencies. The purpose of this transmission is to check identity and creditworthiness. For this purpose, we refer to the general terms and conditions and data protection information of the payment service providers.
The terms and conditions and data protection notices of the respective payment service providers apply to the payment transactions, which can be accessed within the respective website or transaction applications. We also refer to these for further information and to assert cancellation, information and other rights of those affected
Note on data transfer to the USA
Our website includes, among other things, tools from companies based in the USA. When these tools are active, your personal information may be transferred to the US servers of the respective companies. We would like to point out that the USA is not a safe third country within the meaning of EU data protection law. US companies are obliged to hand over personal data to security authorities without you as the person concerned being able to take legal action against this. It cannot therefore be ruled out that US authorities (e.g. secret services) process, evaluate and permanently store your data on US servers for monitoring purposes. We have no influence on these processing activities.
Copyrights
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 the specifically named rights holders. For the reproduction of all files, the written consent of the copyright holder must be obtained in advance.
Anyone who commits a copyright infringement without the consent of the respective rights holder may be liable to prosecution and possibly be liable for damages.
General disclaimer
All information on this website has been carefully checked. We strive to keep our information up to date, accurate and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, accuracy and timeliness of information, including of a journalistic-editorial nature. Liability claims for material or immaterial damage caused by the use of the information provided are excluded unless there is evidence of intentional or grossly negligent fault.
The publisher may change or delete texts at its own discretion and without notice and is not obliged to update the content of this website. Use of or access to this website is at the visitor's own risk. The publisher, its clients or partners are not responsible for damages, such as direct, indirect, accidental, predetermined or consequential damages, which are allegedly caused by visiting this website and therefore assume no liability for them.
The publisher also assumes no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators are solely responsible for the content of the linked pages. The publisher expressly distances itself from all third-party content that may be relevant to criminal or liability law or that violate common decency.
Changes
We may amend this privacy policy at any time without prior notice. The current version published on our website applies. To the extent that the Privacy Policy is part of an agreement with you, if we update it, we will inform you of the change by email or other appropriate means.
Questions for the data protection officer
If you have any questions about data protection, please write us an email or contact the person responsible for data protection listed at the beginning of the data protection declaration directly.
Source: swissanwalt