“This Privacy Policy is an unofficial translation from the original German language version.” This data protection statement provides information on which personal data we process in connection with our loftdynamics.com website and our other services. In particular, we provide information on what personal data we process, for what purpose, how and where. In this privacy policy, we also provide information about the rights of persons whose data we process. For individual or additional offers and services, further data protection declarations and other legal documents such as general terms and conditions (GTC), terms of use or conditions of participation may apply. Our offer is subject to Swiss data protection law and any applicable foreign data protection law, in particular that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognises that Swiss data protection law ensures adequate data protection.
Loft Dynamics AG
Sonnentalstrasse 8
8600 Dübendorf
Switzerland
info@loftdynamics.com
We point out if there are other persons responsible for processing personal data in individual cases. Data protection representation in the European Economic Area (EEA) We have the following data protection representation pursuant to Art. 27 GDPR in the European Economic Area (EEA) including the European Union (EU) and the Principality of Liechtenstein, Iceland and Norway as an additional point of contact for supervisory authorities and data subjects for enquiries in connection with the General Data Protection Regulation (GDPR):
VGS Datenschutzpartner UG
Am Kaiserkai 69
20457 Hamburg
Deutschland
info@datenschutzpartner.eu
2.1 Terms Personal data is any information relating 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, 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) defines the processing of personal data as the processing of personal data.
2.2 Legal basis We process personal data in accordance with Swiss data protection law, in particular the Federal Data Protection Act (FADP) and the Ordinance to the Federal Data Protection Act (FDPA). We process – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – personal data in accordance with at least one of the following legal bases:
- Art. 6 Para1. b DSGVO for the necessary processing of personal data for the fulfilment of a contract with the data subject as well as for the implementation of pre-contractual measures.
- Art. 6 para. 1 lit. f DSGVO for the necessary 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 prevail. Legitimate interests are, in particular, our interest in making our offer durable, user-friendly, safe and secure. The aim is to be able to reliably provide and, if necessary, advertise the services, to ensure the security of information and protection against misuse and unauthorised use, to enforce own legal claims and to comply with Swiss law.
- Art. 6 (c1) GDPR for the necessary processing of personal data 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 DSGVO for the necessary processing of personal data for the performance of a task that is in the public interest.
- Art. 6 para. 1 lit. a DSGVO for the processing of personal data with the consent of the person concerned.
- Article 6(1)(d) of the GDPR for the necessary processing of personal data to protect the vital interests of the data subject or another natural person.
2.3 Nature, scope and purpose We process the personal data that is required to provide our services in a permanent, user- friendly, secure and reliable manner. Such personal data may in particular 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 required for the respective purpose(s) or as required by law. Personal data whose processing is no longer required is anonymised or deleted. Persons whose data we process generally have a right to deletion. In principle, we only process personal data with the consent of the data subject, unless the processing is permitted for other legal reasons, e.g. for the performance of a contract with the data subject and for corresponding pre-contractual measures, in order to protect our overriding legitimate interests, because the processing is evident from the circumstances or after prior information. In this context, we process in particular information that a data subject voluntarily and personally provides to us when contacting us – for example, by letter, email, contact form, social media or telephone – or when registering for a user account. We may store such information, for example, in an address book, in a customer relationship Management System (CRM System) or with comparable tools. If you transmit data about other persons to us, you are obliged to ensure data protection vis-à-vis such persons 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. Personal data from applications are only processed insofar as they are required for the assessment of suitability for an employment relationship or for the subsequent implementation of an employment contract. The personal data required for the implementation of an application procedure results from the information requested or provided, for example in the context of a job advertisement. Applicants have the option of voluntarily providing further information for their respective applications.
2.4 Processing of personal data by third parties, also abroad We may have personal data processed by commissioned third parties or process it jointly with third parties and with the help of third parties or transmit it to third parties. Such third parties are in particular providers whose services we use. We also guarantee appropriate data protection for such third parties. Such third parties are generally located in Switzerland and in the European Economic Area (EEA). 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 guarantees 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 guaranteed for other reasons, such as through a corresponding contractual agreement, in particular on the basis of standard contractual clauses, or through corresponding certification. Exceptionally, such a third party may be located in a country without adequate data protection, provided that the legal data protection requirements, such as the express consent of the data subject, are met.
Data subjects whose personal data we process have the rights under Swiss data protection law. These include the right to information as well as the right to correction, deletion or blocking of the personal data processed. If and to the extent that the General Data Protection Regulation (GDPR) is applicable, data subjects whose personal data we process may request confirmation free of charge as to whether we are processing their personal data and, if so, request information on 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 insofar as the GDPR is applicable – revoke their consent at any time with effect for the future and object to the processing of their personal data at any time. Data subjects whose personal data we process have a right of appeal to a competent supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (EÖDB).
We take appropriate and suitable technical and organisational measures to ensure data protection and data security in particular. However, despite such measures, the processing of personal data on the Internet can always have security gaps. We can therefore not guarantee absolute data security.
Access to our online offer takes place via transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers indicate transport encryption with a padlock in the address bar.
Access to our online offer is subject – as is basically every use of the Internet – to mass surveillance without cause or suspicion and other monitoring by security authorities in Switzerland, the European Union (EU), the United States of America (USA) and other countries. We cannot have any direct influence on the corresponding processing of personal data by secret services, police forces and other security authorities.
5.1 Cookies We may use cookies on our website. Cookies – both our own cookies (first party cookies) and cookies from third parties whose services we use (third party cookies) – are data that is stored in your browser. Such stored data need not be limited to traditional cookies in text form. 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 certain period of time as so -called permanent cookies. “Session cookies” are automatically deleted when you close your browser. Permanent cookies have a specific storage period. In particular, they enable us to recognise your browser the next time you visit our website and thus, for example, to measure the reach of our website. Permanent cookies can also be used for online marketing, for example. You can deactivate or delete cookies in full or in part in your browser settings at any time. Without cookies, our website may no longer be fully available. We actively request your express consent for the use of cookies – if and to the extent necessary. In the case of cookies used for performance and reach measurement or for advertising, a general objection (“opt-out”) is possible for numerous services via AdChoices (Digital Advertising Alliance Of Canada), 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 for each access to 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 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-menus called up and the number of pages visited, page of our website including the amount of data transferred, the last website accessed in the same browser window (referer or referrer). We store such information, which may also constitute personal data, in server log files. The information is required to provide our online service in a permanent, user-friendly and reliable manner and to ensure data security and thus in particular the protection of personal data – also by third parties or with the help of third parties.
5.3 Tracking pixel We may use tracking pixels on our website. Tracking pixels are also known as web beacons. Tracking pixels – also from third parties whose services we use – are small, usually invisible images that are automatically retrieved when you visit our website. With pixel counters, the same information can be collected as in server log files.
We send notifications and communications such as newsletters by email and through other communication channels such as instant messaging.
6.1 Success and reach measurement Notifications and messages may contain web links or tracking pixels that record whether an individual message was opened and which web links were clicked on. Such web links and tracking pixels may also record the use of notifications and messages on a personal basis. We need this statistical recording of usage for performance and reach measurement in order to be able to offer notifications and messages effectively and in a user-friendly manner based on the needs and reading habits of the recipients, as well as permanently, securely and reliably.
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. For any consent to receive e-mails, we use the “double opt-in” procedure where possible, i.e. you will receive an e-mail with a web link that you must click to confirm, so that no misuse by unauthorised persons can occur. We may log such consents, including Internet Protocol (IP) address, date and time, for evidence and security purposes. You can unsubscribe from notifications and communications such as newsletters generally at any time. By unsubscribing, you can in particular object to the statistical recording of usage for performance and reach measurement. Notifications and messages that are absolutely necessary for our offer remain reserved.
We are present on social media platforms and other online platforms in order to communicate with interested persons and to inform them about our services. Personal data may also be processed outside Switzerland and the European Economic Area (EEA). The General Terms and Conditions (GTC) and terms of use as well as data protection declarations and other provisions of the individual operators of such online platforms also apply in each case. These provisions inform in particular about the rights of data subjects, which include, for example, the right to information. We are jointly responsible with Meta Platforms Ireland Limited (Ireland) for our social media presence on Facebook, including the so-called page sights, if and to the extent that the GDPR is applicable. Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). Page Insights provide information about how visitors interact with our Facebook presence. We use Page Insights to provide an effective and user-friendly social media presence on Facebook. Further information on the type, 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. We have entered into the so-called “Controller’s Addendum” with Facebook and have thus agreed in particular that Facebook is responsible for ensuring the rights of data subjects. For the so-called page insights, the corresponding information can be found on the page “Information on page insights” including “Information on page insights data”.
We use third-party services in order to be able to provide our offer in a permanent, user- friendly, secure and reliable manner. Such services may also be used to embed content on our website. Such services – for example, hosting and storage services, video services and payment services – require your Internet Protocol (IP) address, as such services cannot otherwise transmit the corresponding content. For their own security-related, statistical and technical purposes, third parties whose services we use may also process data in connection with our offer as well as from other sources – including cookies, log files and counting pixels – in aggregated, anonymised or pseudonymised form. We use in particular: • Google services: Provider: Google LLC (USA) / Google Ireland Limited (Ireland) for users in the European Economic Area (EEA) and Switzerland; General information on data protection: “Privacy and Security Principles”, “Privacy Statement”, “Google is committed to complying with applicable data protection laws”, “Privacy Guide for Google Products”, “How we use data from websites or apps where our services are used” (Google disclosures), “How Google uses cookies”, “Personalised advertising” (enable / disable / settings).
8.1 Digital infrastructure We use third party services to provide the digital infrastructure required for our services. These include, for example, hosting and storage services from specialised providers.
8.2 Contact options We use third party services to better communicate with you and others, such as customers.
8.3 Social media functions and social media content We use third party services and plugins to embed features and content from social media platforms and to enable the sharing of content on social media platforms and in other ways.
We use in particular:
- Facebook (social plugins): Embedding of Facebook functions and Facebook content, for example “Like” or “Share”; provider: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); information on data protection: data protection declaration.
- Instagram platform: Embedding of Instagram content; Provider: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); information on data protection: data protection declaration (Instagram), data protection declaration (Facebook).
- LinkedIn Consumer Solutions Platform: Embedding of functions and content from LinkedIn, for example with plugins such as the “Share Plugin”; provider: LinkedIn Ireland Unlimited Company (Ireland) for users in the European Economic Area (EEA) and Switzerland / LinkedIn Corporation USA) for users in the rest of the world; data protection information: “Privacy”, data protection statement, cookie policy, cookie management / objection to email and SMS communication from LinkedIn, objection to interest-based advertising.
- Twitter for websites: Embedding of functions and content from Twitter, for example for the display of tweets; Provider: Twitter International Company (Ireland) for users in the European Economic Area (EEA) and the United Kingdom / Twitter Inc. (USA) for users in the rest of the world; privacy information: privacy policy, “Twitter for websites – information on ads and privacy”, “How we use cookies and similar technologies”, “Personalisation based on derived identity”, “Privacy settings for personalised ads”.
8.4 Map material We use third party services to embed maps on our website. In particular, we use: – Google Maps including Google Maps Platform: mapping service; Google Maps specific privacy specific information on data protection: “How Google uses location information”.
8.5 Audiovisual Media We use third-party services to enable the direct playback of audiovisual media such as music or videos on our website. For example, music or videos on our website. In particular, we use: – YouTube: Videos; Provider: Google (among others in the USA); YouTube-specific information on data protection: “Privacy and Security Center”, “My data on YouTube”.
We use services and programs to determine how our online offering is used. In this context, we can, for example, measure the success and reach of our online offering and the effect of third-party links to our website. However, we can also, for example, test and compare how different versions of our online offering or parts of our online offering are used (“A/B test” method). Based on the results of the performance and reach measurement, we can in particular correct errors, strengthen particularly popular content or make improvements to our online offering. When using services and programs for performance and reach measurement, the Internet Protocol (IP) addresses of individual users must be stored. IP addresses are generally shortened in order to comply with the principle of data economy through the corresponding pseudonymization and to improve the data protection of visitors to our website (“IP masking”). When using services and programs for performance and reach measurement, cookies may be used and user profiles may be created. User profiles include, for example, the pages visited or content viewed on our website, information on the size of the screen or browser window and the – at least approximate – location. As a matter of principle, user profiles are created exclusively on a pseudonymous basis. We do not use user profiles to identify individual visitors to our website. Individual services with which you are registered as a user may, if necessary, assign the use of our online offer to your profile with the respective service, although you usually had to give your consent to this assignment in advance.
We use in particular:
- Google Analytics: performance and reach measurement;
- Google Analytics-specific information on data protection: measurement also across different browsers and devices (cross-device tracking) as well as with pseudonymized Internet Protocol (IP) addresses, which are only transmitted in full to Google in the USA in exceptional cases, “Data protection”, “Browser add-on for deactivating Google Analytics”.
We have created this data protection declaration with the data protection generator of Datenschutzpartner. We can adapt and supplement this data protection declaration at any time. We will inform about such adjustments and additions in an appropriate form, in particular by publishing the respective current privacy policy on our website.
You will find our contact details in the imprint.