Data protection

Privacy policy

The controller within the meaning of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is

SmartBreed GmbH
Patrik Bertschi
Bachhaldensrasse 50
5621 Zufikon

Telefon: 0787786911
E-Mail: patrik.bertschi@smartbreed.ch
WebSite: https://www.smartbreed.ch/

General note

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Swiss Confederation (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 these pages 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 privacy policy.

In cooperation with our hosting providers, we endeavour to protect the databases as well as possible against unauthorised access, loss, misuse or falsification.

We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) can have security gaps. 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. This website can be visited without registration. Data such as pages called up or the name of the file called up, 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 on a voluntary basis as far as possible. No data will be passed on to third parties without your consent.

Processing of personal data

Personal data is all 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, procurement, erasure, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. In addition, 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 para. 1 GDPR:

lit. a) Processing of personal data with the consent of the data subject.

lit. b) Processing of personal data for the fulfilment of a contract with the data subject and for the implementation of corresponding pre-contractual measures.

lit. c) Processing of personal data to fulfil a legal obligation to which we are subject under any applicable EU law 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 in order to protect the legitimate interests of us or third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests are, in particular, our commercial 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 storage 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 user-related information on the user’s device while they are using the website. Cookies make it possible, in particular, to determine the frequency of use and number of users of the pages, to analyse the behaviour of page use, but also to make our offer more customer-friendly. Cookies remain stored at the end of a browser session and can be called up again when you visit the site again. If you do not want this, you should set your Internet browser to refuse to accept cookies.

A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that you may then not be able to use all the functions of this website.

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 enquiries you send to us as the site operator. You can recognise 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.

Data transmission security (without SSL)

Please note that data transmitted via an open network such as the Internet or an e-mail service without SSL encryption can be viewed by anyone. You can recognise an unencrypted connection by the fact that the address line of the browser displays “http://” and no lock symbol is displayed in your browser line. Information transmitted via the Internet and content received online may be transmitted via third-party networks. We cannot guarantee the confidentiality of communications or documents transmitted via such open networks or third-party networks.

If you disclose personal information via an open network or third-party networks, you should be aware that your data may be lost or third parties may potentially access this information and consequently collect and use the data without your consent. Although in many cases the individual data packets are transmitted in encrypted form, the names of the sender and recipient are not. Even if the sender and the recipient live in the same country, data is often transferred via such networks without controls, including via third countries, i.e. countries that do not offer the same level of data protection as your country of domicile. We accept no responsibility for the security of your data during transmission via the Internet and disclaim any liability for direct or indirect losses. We ask you to use other means of communication if you consider this necessary or reasonable for security reasons.

Despite extensive technical and organisational security precautions, data may be lost or intercepted and/or manipulated by unauthorised persons. As far as possible, we take suitable technical and organisational security measures to prevent this within our system. However, your computer is located outside the security area that we can control. It is your responsibility as the user to inform yourself about the necessary safety precautions and to take appropriate measures in this regard. As the website operator, we are in no way liable for any damage you may suffer as a result of data loss or manipulation.

Data that you enter in online forms may be passed on to authorised third parties for the purpose of order processing and may be viewed and processed by them.

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. This data is not merged with other data sources. We reserve the right to check this data retrospectively if we become aware of specific 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 for embedding videos.

These services of the American Google LLC use cookies, among other things, and as a result, data is transferred to Google in the USA, whereby we assume that no personal tracking takes place in this context solely through the use of our website.

Google has undertaken to guarantee appropriate data protection in accordance with the US-European and US-Swiss Privacy Shield.

Further information can be found in Google’s privacy policy.

Privacy policy for contact form

If you send us enquiries via the contact form, your details from the enquiry form, including the contact details you provide there, will be stored by us for the purpose of processing the enquiry and in the event 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 e-mail address provided and that you agree to receive the newsletter. No further data is 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 its use for sending the newsletter at any time, for example via the “unsubscribe link” in the newsletter.

Rights of data subjects

Right to confirmation

Each data subject shall have the right to obtain from the website operator confirmation as to whether or not personal data concerning him or her are being processed. If you would like to make use of this right of confirmation, you can contact the data protection officer at any time.

Right to information

Any person affected by the processing of personal data has the right to receive information free of charge from the operator of this website at any time about the personal data stored about them and a copy of this information. The following information can also be provided where applicable:

the purposes of processing

the categories of personal data that are processed

the recipients to whom the personal data have been or will be disclosed

where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period

the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or 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 a right to information as to whether personal data has been transferred to a third country or an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards 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

Any person affected by the processing of personal data has the right to demand the immediate correction of incorrect personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.

If you would like to exercise this right of rectification, you can contact our data protection officer at any time.

Right to erasure (right to be forgotten)

Any person affected by the processing of personal data has the right to demand from the person responsible for this website that the personal data concerning them be deleted immediately, provided that one of the following reasons applies and insofar as 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 consent on which the processing is based and where there is no other legal ground for the processing

The data subject objects to the processing on grounds relating to his or her particular situation and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in the case of direct marketing and associated profiling

The personal data was processed unlawfully

The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States 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 above reasons applies and you would like to request the deletion 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 ensure that the request for deletion is complied with immediately.

Right to restriction of processing

Any person affected by the processing of personal data has the right to request the controller of this website to restrict the processing if one of the following conditions is met:

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 and the data subject opposes the erasure of the personal data and requests the restriction of their use instead

The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims

The data subject has objected to the processing on grounds relating to his or her particular situation and it is not yet clear whether the legitimate grounds of the controller override those of the data subject

If one of the above conditions is met and you wish 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 restriction of processing.

Right to data portability

Any person affected by the processing of personal data has the right to receive the personal data concerning them in a structured, commonly used and machine-readable format. You also have the right to have this data transferred to another controller if the legal requirements are met.

Furthermore, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.

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

Any person affected by the processing of personal data has the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her.

In the event of an objection, the operator of this website will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or if the processing serves the establishment, exercise or defence of legal claims.

To exercise your right to object, you can contact the data protection officer of this website directly.

Right to withdraw consent under data protection law

Any person affected by the processing of personal data has the right to withdraw their consent to the processing of personal data at any time.

If you wish to exercise your right to withdraw your consent, you can contact our data protection officer at any time.

Privacy policy for objection to advertising emails

We hereby object to the use of contact data published in the context of the imprint obligation to send unsolicited advertising and information material. The operators of this website expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.

Use of Google Maps

This website uses the services of Google Maps. This allows us to display interactive maps directly on the website and enables you to use the map function conveniently. By visiting the website, Google receives the information that you have accessed the corresponding subpage of our website. This takes place regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in to Google, your data will be assigned directly to your account. If you do not wish to be associated with your Google profile, you must log out before activating the button. Google stores your data as user profiles and uses them for the purposes of advertising, market research and/or the customised design of its website. Such an analysis is carried out in particular (even for users who are not logged in) to provide customised advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right. For more information on the purpose and scope of data collection and its processing by Google, as well as further information on your rights in this regard and setting options to protect your privacy, please visit: www.google.de/intl/de/policies/privacy.

Privacy policy for Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the controller responsible for data processing on this website is located outside the European Economic Area or Switzerland, 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 offer 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 Art. 6 para. 1 p. 1 lit. f GDPR. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. We would like to point out that on this website Google Analytics has been extended by the code “_anonymizeIp();” in order to ensure anonymised collection of IP addresses. This means that IP addresses are further processed in abbreviated form, so that they cannot be linked to a specific person. Insofar as the data collected about you has a personal reference, this is therefore immediately excluded and the personal data is therefore immediately deleted.

Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to analyse your use of the website, to compile reports on website activity and to provide other services relating 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 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. 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 and installing the browser plug-in available under the following link: Deactivate Google Analytics.

You can also prevent the use of Google Analytics by clicking on this link: Deactivate Google Analytics. This will store an opt-out cookie on your data carrier, which prevents the processing of personal data by Google Analytics. Please note that if you delete all cookies on your end device, these opt-out cookies will also be deleted, i.e. you will have to set the opt-out cookies again if you want to continue to prevent this form of data collection. The opt-out cookies are set per browser and computer/end device and must therefore be activated separately for each browser, computer or other end device.

Privacy policy for LinkedIn

We use the marketing services of the social network LinkedIn of LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland (“LinkedIn”) within our online offering.

These use cookies, i.e. text files that are stored on your computer. This enables us to analyse your use of the website. For example, we can measure the success of our adverts and show users products that they were previously interested in.

For example, information about the operating system, the browser, the website you previously visited (referrer URL), which websites the user visited, which offers the user clicked on, and the date and time of your visit to our website are recorded.

The information generated by the cookie about your use of this website is transmitted in pseudonymised form to a LinkedIn server in the USA and stored there. LinkedIn therefore does not store the name or e-mail address of the respective user. Rather, the above-mentioned data is only assigned to the person for whom the cookie was generated. This does not apply if the user has allowed LinkedIn to process the data without pseudonymisation or has a LinkedIn account.

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 the functions of this website to their full extent. You can also object to the use of your data directly at LinkedIn: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

We use LinkedIn Analytics to analyse and regularly improve the use of our website. We can use the statistics obtained to improve our offer and make it more interesting for you as a user. All LinkedIn companies have adopted the standard contractual clauses to ensure that the data traffic to the USA and Singapore necessary for the development, implementation and maintenance of the services takes place in a lawful manner. If we ask users for their consent, the legal basis for the processing is Art. 6 para. 1 lit. a GDPR. Otherwise, the legal basis for the use of LinkedIn Analytics is Art. 6 para. 1 p. 1 lit. f GDPR.

Information from the third-party provider: LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2 Ireland; User Agreement and Privacy Policy.

Newsletter – Mailchimp

The newsletter is sent using the mailing service provider ‘MailChimp’, a newsletter mailing platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the data protection provisions of the shipping service provider here. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield Agreement and thus 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 in accordance with Art. Art. 6 para. 1 lit. f GDPR and an order processing contract pursuant to Art. Art. 28 para. 3 p. 1 GDPR is used.

The mailing service provider may use the recipients’ data in pseudonymous form, i.e. without assigning it to a user, to optimise or improve its own services, e.g. to technically optimise the mailing and presentation of the newsletter or for statistical purposes. However, the mailing 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.

Use of Adobe Fonts

We use Adobe Fonts for the visual design of our website. Adobe Fonts is a service provided by Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA (Adobe), which grants us access to a font library. To integrate the fonts we use, your browser must establish a connection to an Adobe server in the USA and download the font required for our website. Adobe thereby receives the information that our website has been accessed from your IP address. Further information on Adobe Fonts can be found in Adobe’s privacy policy, which you can access here: Adobe Fonts

Privacy policy for YouTube

Functions of the “YouTube” service are integrated on this website. “YouTube” is owned by Google Ireland Limited, a company incorporated and operated under Irish law with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland, which operates the services in the European Economic Area and Switzerland.

Your legal agreement with “YouTube” consists of the terms and conditions set out in the following link: https://www.youtube.com/static?gl=de&template=terms&hl=de. Your legal contract with “YouTube” consists of the terms and conditions listed under the following link: Google’s privacy policy explains how “YouTube” handles your personal data and protects your data when you use the service.

Note on data transfer to the USA

Among other things, tools from companies based in the USA are integrated on our website. If these tools are active, your personal data may be forwarded 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 data subject being able to take legal action against this. It can therefore not be ruled out that US authorities (e.g. secret services) may process, analyse and permanently store your data on US servers for surveillance 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. The written consent of the copyright holder must be obtained in advance for the reproduction of all files.

Anyone who commits a copyright infringement without the consent of the respective rights holder may be liable to prosecution and may be liable for damages.

General disclaimer

All information on our website has been carefully checked. We endeavour to ensure that the information we provide is 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 topicality of information, even of a journalistic or editorial nature. Liability claims arising from material or immaterial damage caused by the use of the information provided are excluded, unless there is evidence of wilful intent or gross negligence.

The publisher may change or delete texts at its 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 clients or partners are not responsible for damages, such as direct, indirect, accidental, pre-determined or consequential damages, which are allegedly caused by visiting this website and therefore assume no liability for this.

The publisher also accepts 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 of the linked pages are solely responsible for their content. The publisher thus expressly distances itself from all third-party content that may be relevant under criminal or liability law or offend common decency.

Changes

We may amend this privacy policy at any time without prior notice. The current version published on our website applies. If the privacy policy 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 send us an e-mail or contact the person responsible for data protection in our organisation listed at the beginning of this privacy policy directly.

Zufikon, 14.07.2021
Source: SwissAnwalt