Data protection

The responsible party within the meaning of data protection laws,
in particular the EU General Data Protection Regulation (DSGVO), is:

perfectyou AG
Kemptpark 4
8310 Kempthal
Switzerland

General notice

Based on Article 13 of the Swiss Federal Constitution and the data protection regulations of the Swiss Confederation (Data Protection Act, DSG), every person has the right to protection of their privacy as well as protection against misuse of their personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the legal data protection regulations as well as this privacy policy.

In cooperation with our hosting providers, we make every effort to protect the databases as well as possible against unauthorized access, loss, misuse or falsification. We would like to point out that data transmission on the Internet (e.g. communication by e-mail) can have security gaps. A 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 following description. In principle, this website can be visited without registration. Data such as pages accessed or names of files accessed, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or e-mail address are collected as far as possible on a voluntary basis. No data will be passed on to third parties without your consent.

Processing of personal data

Personal data is any information that relates to an identified 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, acquisition, deletion, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. Furthermore, we process personal data – to the extent and insofar as the EU GDPR is applicable – in accordance with the following legal bases in connection with Art. 6 (1) GDPR:

  • lit. a) Processing of personal data with the consent of the data subject.
  • lit. b) Processing of personal data for the fulfillment of a contract with the data subject as well as for the implementation of corresponding pre-contractual measures.
  • lit. c) Processing of personal data for the fulfillment of a legal obligation to which we are subject under any applicable law of the EU or under any applicable law of a country in which the GDPR is applicable in whole or in part.
  • lit. d) Processing of personal data in order to protect the vital interests of the data subject or another natural person.
  • lit. f) Processing of personal data to protect the legitimate interests of us or of third parties, unless the fundamental freedoms and rights and interests of the data subject are overridden. Legitimate interests include, in particular, our business interest in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.

We process personal data for the duration required for the respective purpose or purposes. In the case of longer-term retention obligations due to legal and other obligations to which we are subject, we restrict processing accordingly.

Privacy policy for cookies

This website uses cookies. These are small text files that make it possible to store specific information related to the user on the user’s terminal device while the user is using the website. Cookies make it possible, in particular, to determine the frequency of use and number of users of the pages, to analyze behavior patterns of page use, but also to make our offer more customer-friendly. Cookies remain stored beyond the end of a browser session and can be retrieved when you visit the site again.

If you do not wish this to happen, you should set your Internet browser so that it refuses to accept cookies. A general objection to the use of cookies used for online marketing purposes can be declared for a large number of the services, especially in the case of tracking, via the U.S. site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by disabling them in the browser settings. Please note that in this case not all functions of this online offer can be used.

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 requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes 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.

Privacy policy 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 the server request

This data cannot be assigned to specific persons. A combination of this data with other data sources is not made. We reserve the right to, check this data retrospectively if we become aware of concrete 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 or JWPlayer Platform for embedding videos. These services of the American Google LLC or LongTail Ad Solutions, Inc. use cookies, among other things, and as a result, data is transferred to these two companies in the USA, although we assume that no personal tracking takes place in this context solely through the use of our website. Google and LongTail Ad Solutions, Inc. have undertaken to ensure appropriate data protection in accordance with the US-European and the US-Swiss Privacy Shield. Further information can be found in the privacy statements of Google and LongTail Ad Solutions, Inc.

Privacy policy for contact form

If you send us inquiries via the contact form, your data from the inquiry form, including the contact data you provided there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not pass on this data without your consent.

Privacy policy for newsletter data

If you would like to receive the newsletter offered on this website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the specified e-mail address and agree to receive the newsletter. Further data will not be collected. We use this data exclusively for sending the requested information and do not pass it on to third parties. You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time, for example via the “unsubscribe” link in the newsletter.

Privacy policy for comment function on this website

For the comment function on this website, in addition to your comment, information on the time of creation of the comment, your e-mail address and, if you do not post anonymously, the username you have chosen will be stored.

Storage of the IP address

Our comment function stores the IP addresses of users who post comments. Since we do not check comments on our site before they are activated, we need this data to be able to take action against the author in the event of legal violations such as insults or propaganda.

Subscribing to comments

As a user of the site, you can subscribe to comments after registering. You will receive a confirmation email to verify that you are the owner of the email address provided. You can unsubscribe from this function at any time via a link in the info emails.

Privacy policy for right to information, deletion, blocking

You have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of data processing, as well as a right to correct, block or delete this data. For this purpose, as well as for further questions on the subject of personal data, you can contact us at any time at the address given in the imprint.

Data protection declaration for objection advertising mails

We hereby object to the use of contact data published within the framework of the imprint obligation to send advertising and information material that has not been expressly requested. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.

Chargeable services

In order to provide services for which a charge is made, we request additional data, such as payment details, in order to be able to execute your order. We store this data in our systems until the legal retention periods have expired.

Google AdWords

This website uses Google conversion tracking. If you have reached our website via an ad placed by Google, Google AdWords will set a cookie on your computer. The conversion tracking cookie is set when a user clicks on an ad placed by Google. These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of our website and the cookie has not yet expired, we and Google can recognize that the user clicked on the ad and was redirected to this page. Each Google AdWords customer receives a different cookie. Cookies can therefore not be tracked across AdWords customers’ websites. The information obtained using the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. The customers learn the total number of users who clicked on their ad and led to a page linked to a conversion tracking tag were redirected. However, they do not receive any information with which users can be personally identified. If you do not wish to participate in the tracking, you can refuse the setting of a cookie required for this – for example, via a browser setting that generally deactivates the automatic setting of cookies or set your browser to block cookies from the domain “googleleadservices.com”. Please note that you may not delete the opt-out cookies as long as you do not want any measurement data to be recorded. If you have deleted all your cookies in the browser, you must set the respective opt-out cookie again.

Use of Google Remarketing

This website uses the remarketing function of Google Inc. The function is used to present website visitors with interest-based advertisements within the Google advertising network. A so-called “cookie” is stored in the browser of the website visitor, which makes it possible to recognize the visitor when he or she visits websites that belong to the Google advertising network. On these pages, the visitor can be presented with advertisements that relate to content that the visitor has previously accessed on websites that use Google’s remarketing function. According to its own information, Google does not collect any personal data during this process. If you nevertheless do not wish to use Google’s remarketing function, you can generally deactivate it by making the appropriate settings at http://www.google.com/settings/ads. Alternatively, you can deactivate the use of cookies for interest-based advertising via the advertising network initiative by following the instructions at http://www.networkadvertising.org/managing/opt_out.asp.

Privacy policy for Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. To deactivate Google Analytiscs, Google provides a browser plug-in at https://tools.google.com/dlpage/gaoptout?hl=de. Google Analytics uses cookies. These are small text files that make it possible to store specific information related to the user on the user’s terminal device. These enable an analysis of the use of our website offer by Google. The information collected by the cookie about the use of our pages (including your IP address) is usually transmitted to a Google server in the USA and stored there. We would like to point out that on this website Google Analytics has been extended by the code “gat._anonymizeIp();” to ensure anonymized collection of IP addresses (so-called IP masking). If anonymization is active, Google truncates IP addresses within member states of the European Union or in other contracting states to the Agreement on the European Economic Area, which is why no conclusions can be drawn about your identity. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. Google complies with the data protection provisions of the “Privacy Shield” agreement and is registered with the “Privacy Shield” program of the U.S. Department of Commerce and uses the information collected to evaluate the use of our websites, to compile reports for us in this regard and to provide other related services to us. You can learn more at https://support.google.com/analytics/answer/6004245?hl=de.

Privacy policy for Google AdSense

This website uses Google AdSense, an advertising integration service provided by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. GoogleAdSense uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. Google AdSense also uses so-called web beacons (invisible graphics). Through these web beacons, information such as visitor traffic on these pages can be analyzed. The information generated by cookies and web beacons about the use of this website (including your IP address) and delivery of advertising formats will be transmitted to and stored by Google on servers in the United States. This information may be passed on by Google to contractual partners of Google. However, Google will not merge your IP address with other data stored by you. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Google Tag Manager

Google Tag Manager is a solution with which we can manage so-called website tags via an interface and thus integrate, for example, Google Analytics and other Google marketing services into our online offer. The Tag Manager itself, which implements the tags, does not process any personal data of the users. With regard to the processing of users’ personal data, please refer to the following information on Google services. Usage guidelines: https://www.google.com/intl/de/tagmanager/use-policy.html.

Privacy policy for Facebook

This website uses functions of Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA . When you call up our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. In the process, data is already transmitted to Facebook. If you have a Facebook account, this data can be linked to it. If you do not want this data to be associated with your Facebook account, please log out of Facebook before visiting our site. Interactions, in particular the use of a comment function or the clicking of a “Like” or “Share” button are also passed on to Facebook. You can learn more at https://de-de.facebook.com/about/privacy.

Privacy policy for Instagram

On our pages, functions of the service Instagram are integrated. These functions are offered by Instagram Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA integrated. 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 associate the visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Instagram. For more information, please see the privacy policy of Instagram: http://instagram.com/about/legal/privacy/

Privacy policy for LinkedIn

This website uses functions of the LinkedIn network. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Each time one of our pages containing LinkedIn functions is accessed, a connection to LinkedIn servers is established. LinkedIn is informed that you have visited our web pages with your IP address. If you click the “Recommend Button” of LinkedIn and are logged into your account at LinkedIn, it is possible for LinkedIn to assign your visit to our website to you and your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by LinkedIn. For more information on this, please refer to LinkedIn’s privacy policy at: https://www.linkedin.com/legal/privacy-policy

External payment service providers

This website uses external payment service providers through whose platforms users and we can make payment transactions. For example, via

  • TWINT (https://www.twint.ch/datenschutz-website)
  • PostFinance (https://www.postfinance.ch/de/detail/rechtliches-barrierefreiheit.html)
  • Visa (https://www.visa.de/nutzungsbedingungen/visa-privacy-center.html)
  • Mastercard (https://www.mastercard.ch/de-ch/datenschutz.html)
  • Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full)

In the context of the performance of contracts, we use the payment service providers on the basis of the Swiss Data Protection Ordinance and, where necessary, Art. 6 para. 1 lit. b. EU-DSGVO. Furthermore, we use external payment service providers on the basis of our legitimate interests pursuant to the Swiss Data Protection Ordinance as well as and to the extent necessary pursuant to Art. 6 para. 1 lit. f. EU-DSGVO in order to offer our users effective and secure payment options. The data processed by the payment service providers includes inventory data, such as the name and address, bank data, such as account numbers or credit card numbers, passwords, TANs and checksums, among others, as well as the contract, totals and recipient-related information. The information is required in order to carry out the transactions. However, the data entered is only processed by the payment service providers and stored with them. We as the operator do not receive any information about (bank) account or credit card, but only information to confirm (accept) or reject the payment. Under certain circumstances, the data is transmitted by the payment service providers to credit agencies. The purpose of this transmission is to check identity and creditworthiness. In this regard, we refer to the terms and conditions and data protection information of the payment service providers. For the payment transactions, the terms and conditions and the privacy policy of the respective payment service providers apply, which are available within the respective website or transaction applications. We also refer to these for the purpose of further information and assertion of revocation, information and other data subject rights.

Newsletter – Mailchimp

The newsletter is sent using the dispatch service provider ‘MailChimp’, a newsletter dispatch platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the privacy policy of the mailing service provider here. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with the European level of data protection (PrivacyShield). The shipping service provider is used on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. DSGVO and an order processing agreement pursuant to Art. 28 para. p. 1 DSGVO. The dispatch service provider may use the data of the recipients in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. to technically optimize the dispatch and presentation of the newsletters or for statistical purposes. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.

Privacy policy for YouTube

This website uses plugins from the YouTube site operated by Google. The operator of the pages is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. When you visit one of our pages equipped with a YouTube plugin, a connection to the YouTube servers is established. This tells the YouTube server which of our pages you have visited. If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account. For more information on the handling of user data, please refer to YouTube’s privacy policy at: https://www.google.de/intl/de/policies/privacy

Amazon affiliate program

We are, on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO, participants of the affiliate program of Amazon EU, which was designed to provide a medium for websites, by means of which through the placement of advertisements and links to Amazon, advertising fees can be earned (affiliate system). As an Amazon affiliate, we earn from qualified purchases. Amazon uses cookies to track the origin of orders. Among other things, Amazon can recognize that you have clicked on the affiliate link on our website and subsequently purchased a product from Amazon. For more information on the use of data by Amazon and ways to object, please refer to the company’s privacy policy at the link: https://www.amazon.de/gp/help/customer/display.html?nodeId=201909010. Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or one of its affiliated or associated companies.

Order processing in the online store with customer account

We process the data of our customers in accordance with the data protection provisions of the Federal (Data Protection Act, DSG) and the EU-DSGVO, in the context of ordering processes in our online store to enable them to select and order the selected products and services, as well as their payment and delivery, or execution. The processed data includes master data (inventory data), communication data, contract data, payment data and the persons affected by the processing include our customers, prospective customers and other business partners. The processing is carried out for the purpose of providing contractual services in the context of operating an online store, billing, delivery and customer services. In this context, we use session cookies, e.g. for storing the shopping cart content, and permanent cookies, e.g. for storing the login status. The processing is carried out on the basis of Art. 6 para. 1 lit. b (execution of order transactions) and c (legally required archiving) DSGVO. In this context, the information marked as required is necessary for the justification and fulfillment of the contract. We disclose the data to third parties only in the context of delivery, payment or in the context of legal permissions and obligations. The data is only processed in third countries if this is necessary for the fulfillment of the contract (e.g. at the request of the customer for delivery or payment). Users can optionally create a user account, in which they can view their orders in particular. As part of the registration process, the required mandatory information will be provided to users. User accounts are not public and cannot be indexed by search engines, e.g. Google. If users have terminated their user account, their data with regard to the user account will be deleted, subject to their retention is necessary for commercial or tax reasons in accordance with Art. 6 para. 1 lit. c DSGVO. Information in the customer account remains until its deletion with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to save their data in the event of termination before the end of the contract. In the context of registration and renewed registrations as well as use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the users in protection against misuse and other unauthorized use. In principle, this data is not passed on to third parties, unless it is necessary for the pursuit of our claims or there is a legal obligation to do so pursuant to Art. 6 para. 1 lit. c DSGVO. The deletion takes place after the expiry of legal warranty and comparable obligations, the necessity of keeping the data is reviewed at irregular intervals. In the case of legal archiving obligations, deletion takes place after their expiry.

Contractual services

We process the data of our contractual partners and interested parties as well as other clients, customers, clients or contractual partners (uniformly referred to as “contractual partners”) in accordance with the data protection provisions of the federal government (Data Protection Act, DSG) and the EU-DSGVO pursuant to Art. 6 para. 1 lit. b. DSGVO, in order to provide them with our contractual or pre-contractual services. The data processed in this context, the type, scope and purpose and the necessity of their processing, are determined by the underlying contractual relationship. The data processed includes the master data of our contractual partners (e.g. names and addresses), contact data (e.g. e-mail addresses and telephone numbers) as well as contractual data (e.g. services used, contract contents, contractual communication, names of contact persons) and payment data (e.g. bank details, payment history). As a matter of principle, we do not process special categories of personal data, unless these are components of a commissioned or contractual processing. We process data that are required for the justification and fulfillment of contractual services and point out the necessity of their disclosure, unless this is evident to the contractual partners. Disclosure to external persons or companies only takes place if it is required within the framework of a contract. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client and the legal requirements. In the context of the use of our online services, we may store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the interests of users in protection against misuse and other unauthorized use. In principle, this data is not passed on to third parties, unless it is necessary for the pursuit of our claims pursuant to Art. 6 para. 1 lit. or there is a legal obligation to do so pursuant to Art. 6 para. 1 lit. c. DSGVO. The deletion of the data takes place when the data is no longer required for the fulfillment of contractual or legal duties of care as well as for dealing with any warranty and comparable obligations, whereby the necessity of keeping the data is reviewed at irregular intervals. In all other respects, the statutory retention obligations shall apply.

Note regarding data transfers to the USA (United States of America)

For the sake of completeness, we would like to point out that for users based in Switzerland, there are surveillance measures by US authorities which generally allow the storage of all personal data from Switzerland – which has been transferred to the USA. This is done without any differentiation, limitation or exception based on the purposes pursued and without any objective criterion that would make it possible to limit the access of the US authorities to the data and their subsequent use to very specific, strictly limited purposes that could justify the interference associated with the access to this data as well as with its use. In addition, we would like to point out that in the USA there are no legal remedies available to data subjects from Switzerland that would allow them to gain access to the data concerning them and to obtain its correction or deletion, or that there is no effective judicial legal protection against general access rights of US authorities. We explicitly draw the attention of the data subject to this legal and factual situation so that he or she can make an appropriately informed decision to consent to the use of his or her data. We would like to point out to users residing in a member state of the EU that the USA does not have a sufficient level of data protection from the perspective of the European Union.

Copyrights

The copyrights 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 any 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 copyright holder may be liable to prosecution and possibly to damages.

General disclaimer

All information on our website has been carefully checked. We make every effort to ensure that the information we provide is up-to-date, correct and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, correctness and up-to-dateness of information, including journalistic and editorial information. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. The publisher may change or delete texts at his own discretion and without notice and is not obliged to update the contents of this website. The use of or access to this website is at the visitor’s own risk. The publisher, its principals or partners are not responsible for any damages, such as direct, indirect, incidental, consequential or special damages, alleged to have been caused by visiting this website, and consequently assume no liability for such damages. The publisher also assumes no responsibility or liability for the content and availability of third-party websites that can be accessed via external links from this website. The operators of the linked sites are solely responsible for their content. The publisher thus expressly distances himself from all third-party content that may be relevant under criminal or liability law or that may be contrary to public morality.

Changes

We can adapt this data protection declaration at any time without prior notice. The current version published on our website shall apply. Insofar as the data protection declaration is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.

Questions for the data protection officer

If you have any questions about data protection, please write us an email or contact directly the responsible person in our organization listed for data protection at the beginning of the privacy policy.

Kemptthal, 28.02.2022

Source: SwissAnwalt

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