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DATA PROTECTION

Responsible body within the meaning of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:

Miriam Schuler
Schipfistrasse 3
6467 Schattdorf

Email: kontakt@miriam-schuler.ch
Website: https://miriam-schuler.ch 

 

General remark

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the federal government (Data Protection Act, DSG), everyone has the right to the protection of their privacy and protection against misuse of their personal data. The operators of this website 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 cooperation with our hosting providers, we strive to protect the databases as well as possible from unauthorized access, loss, misuse or falsification.

We would like to point out that data transmission over the Internet (e.g. when communicating by email) can have security gaps. A complete protection of the data against access by third parties is not possible.

By using this website you consent to the collection, processing and use of data as described below. This website can generally be visited without registration. In doing so, 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 email address, are collected on a voluntary basis as far as possible. The 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 all 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. In addition, we process – to the extent and insofar as the EU GDPR is applicable – personal data 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 to fulfill a contract with the data subject and to carry out corresponding pre-contractual measures.
  • lit. c) Processing of personal data to fulfill a legal obligation to which we are subject in accordance with any applicable EU law or in accordance with any applicable law of a country in which the GDPR is fully or partially applicable.
  • 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 safeguard the legitimate interests of us or of third parties, provided that the fundamental freedoms and rights and interests of the person concerned do not prevail. Legitimate interests are in particular our business interests 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 that is necessary for the respective purpose or purposes. In the case of longer storage obligations due to legal and other obligations to which we are subject, we limit the processing accordingly.

 

Privacy policy for cookies

This site uses cookies. These are small text files that make it possible to save specific, user-related information on the user’s device while he is using the website. Cookies make it possible, in particular, to determine the frequency of use and the number of users of the pages, to analyze the behavior of the page usage, but also to make our offer more customer-friendly. Cookies remain stored after 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 so that it refuses to accept cookies.

A general objection to the use of cookies used for online marketing purposes can be made 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/ explained. Furthermore, cookies can be saved by deactivating them in the browser settings. Please note that you may then not be able to use all the functions of this online offer.

 

Data protection declaration for SSL / TLS encryption

This website uses SSL / TLS encryption for security reasons and to protect the transmission of confidential content, such as the inquiries that you send to us as the website 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 that 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 the server request

These data cannot be assigned to specific persons. This data is not combined with other data sources. We reserve the right to check this data retrospectively if we become aware of specific 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 of the American Google LLC use cookies, among other things, and as a result data is transmitted to Google in the USA, whereby we assume that no personal tracking takes place solely through the use of our website. Google has committed itself to ensuring adequate data protection in accordance with the American-European and American-Swiss Privacy Shields. Further information can be found in Google’s privacy policy.

 

Privacy policy 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 for the purpose of processing the request and in case of follow-up questions. We do not pass on this data without your consent.

 

Data Subject Rights

Right to confirmation

Every data subject has the right to request confirmation from the operator of the website as to whether personal data concerning data subjects 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

Every person affected by the processing of personal data has the right to receive free information from the operator of this website about the personal data stored about him and a copy of this information at any time. In addition, the following information can be provided if necessary:

  • the processing purposes
  • the categories of personal data that are processed
  • the recipients to whom the personal data have been disclosed or are still being disclosed
  • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
  • the existence of a right to correction or deletion of the personal data concerning you or the restriction of processing by the person responsible or a right to object to this processing
  • the existence of a right of appeal to a supervisory authority
  • if the personal data are not collected from the data subject: All available information on the origin of the data

Furthermore, the data subject has a 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 has the right to receive information about the appropriate guarantees in connection with the transmission.

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 incorrect 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 declaration.

If you would like to exercise this right to correction, 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 request the person responsible for this website to delete the personal data concerning them immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:

  • The personal data were collected or otherwise processed for purposes for which they are no longer necessary
  • The data subject revokes their consent on which the processing was based and there is no other legal basis for the processing
  • The person concerned objects to the processing for reasons that arise from their particular situation and there are no overriding legitimate reasons for the processing, or the person concerned objects to the processing in the case of direct mail and the associated profiling
  • The personal data was processed unlawfully
  • The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which the person responsible is subject
  • The personal data was collected in relation to information society services offered that were made directly to a child

If one of the above reasons 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 arrange for the deletion request to be complied with immediately.

Right to restriction of processing

Every person affected by the processing of personal data has the right to demand that the person responsible for this website restrict the processing if one of the following conditions is met:

  • The correctness of the personal data is contested by the data subject for a period of time that enables the person responsible to check the correctness of the personal data
  • The processing is unlawful, the person concerned refuses to delete the personal data and instead requests that the use of the personal data be restricted
  • The person responsible 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 lodged an objection to the processing for reasons arising from their particular situation and it has not yet been determined whether the legitimate reasons of the person responsible outweigh those of the data subject

If one of the above conditions is met, you can request the restriction of personal data that is stored by the operator of this website, you can contact our data protection officer at any time. The data protection officer for 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 relating to them in a structured, common 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 person concerned has the right to have the personal data transmitted directly from one person in charge to another person in charge, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other persons. 

To assert the 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 that arise 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 reasons for the processing that outweigh the interests, rights and freedoms of the data subject, or if the processing requires the assertion, exercise or Serves to defend legal claims. 

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

Right to withdraw consent under data protection law

Right to withdraw consent under data protection law Every person affected by the processing of personal data has the right to withdraw consent given to the processing of personal data at any time.

If you would like to assert your right to withdraw your consent, you can contact our data protection officer at any time.

Data protection declaration for objection to advertising mails

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

 

Paid services

To provide chargeable services, we ask for additional data, such as Payment details 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.

Notice 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 monitoring measures by US authorities, which generally enable the storage of all personal data from Switzerland – which has been transmitted to the USA.

This is done without differentiation, restriction or exception based on the objectives pursued and without an objective criterion that makes it possible to restrict the access of the US authorities to the data and their subsequent use to very specific, strictly limited purposes, those with access to be able to justify this data as well as interventions associated with its use. We would also like to point out that in the USA there are no legal remedies for the data subjects from Switzerland that would allow them to gain access to the data concerning you and to have it corrected or deleted. there is no effective judicial protection against general access rights of US authorities. We explicitly point out this legal and factual situation to those affected in order to make an appropriately informed decision to consent to the use of their data.

We would like to point out to users residing in a member state of the EU that the USA does not have an adequate 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. The written consent of the copyright holder must be obtained in advance for the reproduction of all files.

Whoever commits a copyright infringement without the consent of the respective rights holder can make himself liable to prosecution and possibly liable for damages.

Changes

We can adapt this data protection declaration at any time without notice. The current version published on our website applies. If the data protection declaration is part of an agreement with you, we will inform you of the change in the event of an update by e-mail or in another suitable manner.

 

Questions to 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 in our organization listed at the beginning of the data protection declaration.


Schattdorf, April 5th, 2020
Quelle: SwissAnwalt