Privacy policy

Preamble

With the following data protection declaration, we would like to inform you about the types of your personal data (hereinafter also referred to as "data") that we process, for what purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both as part of the provision of our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as "online offer").

The terms used are not gender-specific.

Status: 6 July 2023

Table of contents

· Preamble

· Responsible

· Contact Data Protection Officer

· Overview of the processing

· Relevant legal bases

· Security measures

· Transmission of personal data

· International data transfers

· Data deletion

· Rights of the data subjects

· Use of cookies

· Business services

· Providers and services used in the course of business

· Provision of the online offer and web hosting

· Blogs and publication media

· Contact and enquiry management

· Video conferencing, online meetings, webinars and screen sharing

· Cloud services

· Web analysis, monitoring and optimisation

· Presence in social networks (social media)

· Plugins and embedded functions and content

· Amendment and update of the privacy policy

· Definitions of terms

Responsible

Made of Air GmbH
Rollbergstraße 28A
D-12053 Berlin
Germany

E-mail address: contact@madeofair.com

Phone: +49 (0) 302 237 4830

Imprint: https://www.madeofair.com/impressum

Contact Data Protection Officer

Due to the size of the company, there is currently no need to appoint a data protection officer.

Relevant legal bases

Relevant legal bases according to the GDPR: Below you will find an overview of the legal basis of the GDPR on the basis of which we process personal data. Please note that, in addition to the provisions of the GDPR, national data protection regulations may apply in your or our country of residence or domicile. Should more specific legal bases be relevant in individual cases, we will inform you of these in the data protection declaration.

· Consent (Art. 6 (1) sent. 1 lit. a) DSGVO) - The data subject has given his/her consent to the processing of personal data relating to him/her for a specific purpose or purposes.

· Contract performance and pre-contractual enquiries (Art. 6 (1) p. 1 lit. b) DSGVO) - Processing is necessary for the performance of a contract to which the data subject is party or for the performance of pre-contractual measures taken at the data subject's request.

· Legal obligation (Art. 6 (1) p. 1 lit. c) DSGVO) - Processing is necessary for compliance with a legal obligation to which the controller is subject.

· Legitimate interests (Art. 6 (1) p. 1 lit. f) DSGVO) - Processing is necessary to protect the legitimate interests of the controller or a third party, unless such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data.

National data protection regulations in Germany: In addition to the data protection regulations of the GDPR, national regulations on data protection apply in Germany. These include, in particular, the Act on Protection against Misuse of Personal Data in Data Processing (Bundesdatenschutzgesetz - BDSG). In particular, the BDSG contains special regulations on the right to information, the right to erasure, the right to object, the processing of special categories of personal data, the processing for other purposes and the transmission as well as automated decision-making in individual cases including profiling. Furthermore, data protection laws of the individual federal states may apply.

Note on the applicability of the GDPR and the Swiss GDPR: This data protection notice serves to provide information in accordance with both the Swiss Federal Act on Data Protection (Swiss GDPR) and the General Data Protection Regulation (GDPR). For this reason, we ask you to note that due to the broader spatial application and comprehensibility, the terms of the GDPR have been replaced by Swiss terms. In particular, instead of the terms "processing" of "personal data" (or "data" for short), and "legitimate interest" used in the GDPR, the terms "processing" of "personal data" and "overriding interest" used in the Swiss GDPR are used. However, the legal meaning of the terms will continue to be determined in accordance with the Swiss DPA within the scope of its application.

Overview of the processing

The following overview summarises the types of data processed and the purposes of their processing and refers to the data subjects.

Types of data processed

· Inventory data.

· Payment details.

· Contact details.

· Content data.

· Contract data.

· Usage data.

· Meta, communication and procedural data.

Categories of persons concerned

· Customers.

· Employees.

· Interested parties.

· Communication partner.

· Users.

· Business and contractual partners.

· Persons depicted.

Purposes of the processing

· Provision of contractual services and customer service.

· Contact requests and communication.

· Safety measures.

· Reach measurement.

· Office and organisational procedures.

· Conversion measurement.

· Managing and responding to enquiries.

· Server monitoring and error detection.

· Feedback.

· Marketing.

· Profiles with user-related information.

· Provision of our online offer and user-friendliness.

· Information technology infrastructure.

Security measures

We take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons.

The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical and electronic access to the data, as well as access to, entry into, disclosure of, assurance of availability of and segregation of the data. We also have procedures in place to ensure the exercise of data subjects' rights, the deletion of data and responses to data compromise. Furthermore, we already take the protection of personal data into account in the development or selection of hardware, software and procedures in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.

TLS encryption (https): In order to protect your data transmitted via our online offer, we use TLS encryption. You can recognise such encrypted connections by the prefix https:// in the address bar of your browser.

Transmission of personal data

In the course of our processing of personal data, the data may be transferred to or disclosed to other bodies, companies, legally independent organisational units or persons. The recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we observe the legal requirements and, in particular, conclude corresponding contracts or agreements that serve to protect your data with the recipients of your data.

Transfer of data within the organisation: We may transfer or provide access to personal data to other entities within our organisation. Where this transfer is for administrative purposes, the transfer of data is based on our legitimate corporate and business interests or is made where it is necessary for the performance of our contract-related obligations or where there is consent from the data subjects or legal permission.

International data transfers

Data processing in third countries: If we process data in a third country (i.e., outside the European Union (EU), the European Economic Area (EEA)) or the processing takes place in the context of the use of third-party services or the disclosure or transfer of data to other persons, bodies or companies, this is only done in accordance with the legal requirements.

Subject to express consent or contractually or legally required transfer, we only process or allow data to be processed in third countries with a recognised level of data protection, contractual obligation through so-called standard protection clauses of the EU Commission, in the presence of certifications or binding internal data protection regulations (Art. 44 to 49 DSGVO, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).

Disclosure of personal data abroad: In accordance with the Swiss Data Protection Act (DPA), we only disclose personal data abroad if adequate protection of the data subjects is guaranteed (Art. 15 Swiss DPA). If the Federal Council does not determine adequate protection, we take alternative security measures. These may include international agreements, specific guarantees, data protection clauses in contracts, standard data protection clauses approved by the Swiss Federal Data Protection and Information Commissioner (FDPIC) or internal company data protection regulations recognised in advance by the FDPIC or a competent data protection authority in another country.

According to Art. 16 of the Swiss FADP, exceptions may be allowed for the disclosure of data abroad if certain conditions are met, including consent of the data subject, performance of a contract, public interest, protection of life or physical integrity, data made public or data from a register provided for by law. These disclosures are always made in accordance with legal requirements.

Data deletion

The data processed by us will be deleted in accordance with the legal requirements as soon as their consents permitted for processing are revoked or other permissions cease to apply (e.g. if the purpose of processing this data has ceased to apply or it is not required for the purpose). If the data are not deleted because they are required for other and legally permissible purposes, their processing is limited to these purposes. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law or whose storage is necessary for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person.

As part of our privacy notices, we may provide users with further information on the deletion and retention of data specific to the processing operation.

Rights of the data subjects

Data subjects' rights under the GDPR: As a data subject, you are entitled to various rights under the GDPR, which arise in particular from Art. 15 to 21 GDPR:

· Right to object: You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions. If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as it is related to such direct marketing.

· Right of revocation for consents: You have the right to revoke any consent you have given at any time.

· Right of access: You have the right to request confirmation as to whether data in question is being processed and to be informed about this data and to receive further information and a copy of the data in accordance with the legal requirements.

· Right to rectification: In accordance with the law, you have the right to request that data concerning you be completed or that inaccurate data concerning you be rectified.

· Right to erasure and restriction of processing: You have the right, in accordance with the law, to request that data relating to you be erased immediately or, alternatively, to request restriction of the processing of the data in accordance with the law.

· Right to data portability: You have the right to receive data relating to you that you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements or to request that it be transferred to another controller.

· Complaint to the supervisory authority: In accordance with the law and without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a data protection supervisory authority, in particular a supervisory authority in the Member State where you usually reside, the supervisory authority of your place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

Rights of data subjects under the Swiss DPA:

As a data subject, you are entitled to the following rights in accordance with the provisions of the Swiss Data Protection Act:

· Right of access: You have the right to request confirmation as to whether data relating to you is being processed and to receive the information necessary to enable you to exercise your rights under this law and to ensure that data processing is transparent (Art. 25 to 27 Swiss Data Protection Act).

· Right to data surrender or transfer: You have the right to request the surrender of your personal data that you have disclosed to us in a common electronic format (Art. 28 to 29 Swiss Data Protection Act).

· Right to sue: You have a right to sue for the protection of your privacy (Art. 32 para. 2 to para. 4 Swiss FADP).

· Right to rectification: In accordance with Art. 32 of the Swiss Data Protection Act, you have the right to request that inaccurate data relating to you be rectified. If neither the accuracy nor the inaccuracy of the data can be established, you have the right to affix a notice of dispute (Art. 32 (1) and (3) Swiss FADP).

· Right to prohibit processing: You have the right to request a prohibition of processing or a restriction of processing of the data (Art. 32 para. 2 lit a. Swiss Data Protection Act).

· Right to prohibit disclosure to third parties: You have the right to request that a specific disclosure of data concerning you to third parties be prohibited (Art. 32 para. 2 lit b. Swiss FADP).

· Right to deletion, destruction: You have the right to request that data concerning you be deleted and destroyed without delay or alternatively (Art. 32 para. 2 lit c. Swiss Data Protection Act).

· Right of revocation for consents: You have the right to revoke given consents with effect for the future.

Use of cookies

Cookies are small text files or other memory notes that store information on end devices and read information from the end devices. For example, to save the login status in a user account, the contents of a shopping basket in an e-shop, the contents called up or the functions used in an online offer. Cookies can also be used for various purposes, e.g. for the purpose of functionality, security and comfort of online offers as well as the creation of analyses of visitor flows.

Consent notices: We use cookies in accordance with the law. We therefore obtain prior consent from users, except where this is not required by law. In particular, consent is not required if the storage and reading of information, including cookies, is absolutely necessary to provide the user with a telemedia service (i.e. our online offer) that they have expressly requested. Cookies that are strictly necessary usually include cookies with functions that serve the display and operability of the online offer , load balancing, security, storage of users' preferences and choices or similar purposes related to the provision of the main and secondary functions of the online offer requested by users. The revocable consent will be clearly communicated to the users and will contain the information on the respective cookie use.

Notes on legal bases under data protection law: The legal basis under data protection law on which we process users' personal data with the help of cookies depends on whether we ask users for consent. If users consent, the legal basis for processing their data is their declared consent. Otherwise, the data processed using cookies is processed on the basis of our legitimate interests (e.g. in the business operation of our online offer and improvement of its usability) or, if this is done in the context of the performance of our contractual obligations, if the use of cookies is necessary to fulfil our contractual obligations. We explain the purposes for which we process the cookies in the course of this data protection declaration or as part of our consent and processing procedures.

Storage duration: With regard to the storage duration, the following types of cookies are distinguished:

· Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed their end device (e.g. browser or mobile app).

· Permanent cookies: Permanent cookies remain stored even after the terminal device is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, user data collected with the help of cookies can be used to measure reach. Unless we provide users with explicit information on the type and storage duration of cookies (e.g. when obtaining consent), users should assume that cookies are permanent and that they can be stored for up to two years.

General information on revocation and objection (so-called "opt-out"): Users can revoke the consent they have given at any time and object to processing in accordance with the legal requirements. For this purpose, users can, among other things, restrict the use of cookies in the settings of their browser (whereby this may also restrict the functionality of our online offer). An objection to the use of cookies for online marketing purposes can also be declared via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/.

· Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss DSG); Consent (Art. 6 para. 1 lit. a DSGVO; Art. 31 para. 1 Swiss DSG).

Further guidance on processing operations, procedures and services:

· Processing of cookie data on the basis of consent: We use a cookie consent management procedure in which the consent of users to the use of cookies, or to the processing and providers mentioned in the cookie consent management procedure, can be obtained and managed and revoked by users. The declaration of consent is stored in order not to have to repeat the request and to be able to prove the consent in accordance with the legal obligation. The storage can take place on the server side and/or in a cookie (so-called opt-in cookie or with the help of comparable technologies) in order to be able to assign the consent to a user or their device. Subject to individual information on the providers of cookie management services, the following information applies: The duration of the storage of consent can be up to two years. A pseudonymous user identifier is created and stored with the time of consent, information on the scope of consent (e.g. which categories of cookies and/or service providers) and the browser, system and end device used; legal basis: consent (Art. 6 para. 1 lit. a DSGVO; Art. 31 para. 1 Swiss DSG).

· Cookie Script: Cookie consent management; Service provider: Objectis Ltd. Laisves st. 60, LT-05120 Vilnius, Lithuania; Website: https://cookie-script.com/ ; Privacy policy: https://cookie-script.com/de/legal/privacy-policy; Other information: Stored data (on the service provider's server): The user's IP number, Date and time of consent, Browser details, The URL from which the consent was sent, An anonymous, random and encrypted key value; The user's consent status.

Business services

We process data of our contractual and business partners, e.g. customers and interested parties (collectively referred to as "contractual partners") in the context of contractual and comparable legal relationships as well as related measures and in the context of communication with contractual partners (or pre-contractual), e.g. to answer enquiries.

We process this data in order to fulfil our contractual obligations. These include, in particular, the obligations to provide the agreed services, any update obligations and remedies in the event of warranty and other service disruptions. Furthermore, we process the data to safeguard our rights and for the purpose of the administrative tasks associated with these obligations as well as the company organisation. Furthermore, we process the data on the basis of our legitimate interests in proper and business management as well as security measures to protect our contractual partners and our business operations from misuse, endangerment of their data, secrets, information and rights (e.g. for the involvement of telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). Within the framework of applicable law, we only disclose the data of contractual partners to third parties to the extent that this is necessary for the aforementioned purposes or to fulfil legal obligations. Contractual partners will be informed about further forms of processing, e.g. for marketing purposes, within the framework of this data protection declaration.

We inform the contractual partners of the data required for the above-mentioned purposes before or in the course of data collection, e.g. in online forms, by means of special labelling (e.g. colours) or symbols (e.g. asterisks or similar), or in person.

We delete the data after the expiry of statutory warranty and comparable obligations, i.e., in principle after 4 years, unless the data is stored in a customer account, e.g., as long as it must be retained for legal archiving reasons. The statutory retention period for documents relevant under tax law as well as for commercial books, inventories, opening balances, annual financial statements, the work instructions required to understand these documents and other organisational documents and accounting vouchers is ten years and for received commercial and business letters and reproductions of sent commercial and business letters six years. The period shall begin at the end of the calendar year in which the last entry was made in the book, the inventory, the opening balance sheet, the annual accounts or the management report was drawn up, the commercial or business letter was received or sent or the accounting document was created, furthermore the recording was made or the other documents were created.

Insofar as we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms apply in the relationship between the users and the providers.

· Types of data processed: inventory data (e.g. names, addresses); payment data (e.g. bank details, invoices, payment history); contact data (e.g. e-mail, telephone numbers); contract data (e.g. subject matter of contract, term, customer category).

· Affected persons: Interested parties; business and contractual partners.

· Purposes of processing: provision of contractual services and customer service; contact requests and communication; office and organisational procedures; administration and response to requests.

· Legal basis: Contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b) DSGVO; Art. 31 para. 1 and 2. lit. b. Swiss DPA); Legal obligation (Art. 6 para. 1 p. 1 lit. c) DSGVO; Art. 31 para. 1 Swiss DPA); Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss DPA).

Further guidance on processing operations, procedures and services:

· Technical services: We process the data of our customers and clients (hereinafter uniformly referred to as "customers") in order to enable them to select, purchase or commission the selected services or works and associated activities as well as their payment and provision or execution or performance. The required information is identified as such in the context of the order, purchase order or comparable contract conclusion and includes the information required for the provision of services and billing as well as contact information in order to be able to hold any consultations. Insofar as we obtain access to information of the end customers, employees or other persons, we process this in accordance with the legal and contractual requirements; legal basis:Contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b) DSGVO; Art. 31 para. 1 and 2. lit. b. Swiss DSG).

Providers and services used in the course of business

In the course of our business operations, we use additional services, platforms, interfaces or plug-ins from third-party providers ("services" for short) in compliance with legal requirements. Their use is based on our interests in the proper, lawful and economic management of our business operations and our internal organisation.

· Types of data processed: inventory data (e.g. names, addresses); payment data (e.g. bank details, invoices, payment history); contact data (e.g. e-mail, telephone numbers); content data (e.g. entries in online forms); contract data (e.g. subject matter of contract, term, customer category).

· Data subjects: Customers; interested parties; users (e.g. website visitors, users of online services); business and contractual partners.

· Purposes of processing: provision of contractual services and customer service; office and organisational procedures.

· Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss DSG).

Provision of the online offer and web hosting

We process users' data in order to provide them with our online services. For this purpose, we process the user's IP address, which is necessary to transmit the content and functions of our online services to the user's browser or terminal device.

· Types of data processed: Usage data (e.g. websites visited, interest in content, access times); meta, communication and procedural data (e.g. IP addresses, time data, identification numbers, consent status); content data (e.g. entries in online forms).

· Data subjects: Users (e.g. website visitors, users of online services).

· Purposes of processing: provision of our online offer and user-friendliness; information technology infrastructure (operation and provision of information systems and technical devices (computers, servers, etc.).); security measures; coverage measurement (e.g. access statistics, recognition of returning visitors); conversion measurement (measurement of the effectiveness of marketing measures); server monitoring and error detection.

· Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss DSG).

Further guidance on processing operations, procedures and services:

· Provision of online offer on rented storage space: For the provision of our online offer, we use storage space, computing capacity and software that we rent or otherwise obtain from a corresponding server provider (also referred to as "web hoster"); Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss Data Protection Act).

· Collection of access data and log files: Access to our online offer is logged in the form of so-called "server log files". The server log files may include the address and name of the web pages and files accessed, the date and time of access, the volume of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider. The server log files may be used, on the one hand, for security purposes, e.g. to prevent server overload (especially in the case of abusive attacks, so-called DDoS attacks) and, on the other hand, to ensure the utilisation of the servers and their stability; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss DSG); Deletion of data: Log file information is stored for a maximum of 30 days and then deleted or anonymised. Data whose further storage is necessary for evidentiary purposes is exempt from deletion until the final clarification of the respective incident.

· E-mail dispatch and hosting: The web hosting services we use also include the dispatch, receipt and storage of e-mails. For these purposes, the addresses of the recipients and senders as well as further information regarding the e-mail dispatch (e.g. the providers involved) and the contents of the respective e-mails are processed. The aforementioned data may also be processed for the purpose of recognising SPAM. Please note that e-mails on the Internet are generally not sent in encrypted form. As a rule, e-mails are encrypted in transit, but (unless a so-called end-to-end encryption procedure is used) not on the servers from which they are sent and received. We can therefore not assume any responsibility for the transmission path of the e-mails between the sender and the reception on our server; legal basis: legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss DSG).

· Squarespace: Squarespace offers software as a service for the creation and hosting of websites; service provider: Squarespace Ireland Ltd, Le Pole House, Ship Street Great, Dublin 8, Ireland; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss DSG); Website: https://www.squarespace.com; Privacy policy: https://www.squarespace.com/privacy; Order processing agreement: https://www.squarespace.com/dpa; Standard contractual clauses (ensuring level of data protection for processing in third countries): https://www.squarespace.com/dpa.

Blogs and publication media

We use blogs or comparable means of online communication and publication (hereinafter "publication medium"). Readers' data are processed for the purposes of the publication medium only to the extent necessary for its presentation and communication between authors and readers or for security reasons. For the rest, we refer to the information on the processing of visitors to our publication medium within the scope of this data protection notice.

· Types of data processed: inventory data (e.g. names, addresses); contact data (e.g. e-mail, telephone numbers); content data (e.g. entries in online forms); usage data (e.g. websites visited, interest in content, access times); meta, communication and process data (e.g. IP addresses, time data, identification numbers, consent status).

· Data subjects: Users (e.g. website visitors, users of online services).

· Purposes of processing: provision of contractual services and customer service; feedback (e.g. collecting feedback via online form); provision of our online offer and user friendliness.

· Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss DSG).

Contact and enquiry management

When contacting us (e.g. by post, contact form, email, telephone or via social media) as well as in the context of existing user and business relationships, the information of the enquiring persons is processed to the extent necessary to answer the contact enquiries and any measures requested.

· Types of data processed: contact data (e.g. e-mail, telephone numbers); content data (e.g. entries in online forms); usage data (e.g. websites visited, interest in content, access times); meta, communication and process data (e.g. IP addresses, time data, identification numbers, consent status).

· Affected persons: Communication partner.

· Purposes of processing: contact requests and communication; managing and responding to requests; feedback (e.g. collecting feedback via online form); providing our online offer and user experience.

· Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss DSG); Contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b) DSGVO; Art. 31 para. 1 and 2 lit. b. Swiss DPA).

Further guidance on processing operations, procedures and services:

· Contact form: If users contact us via our contact form, e-mail or other communication channels, we process the data communicated to us in this context for the purpose of processing the communicated request; Legal basis: Contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b) DSGVO; Art. 31 para. 1 and 2 lit. b. Swiss Data Protection Act), Legitimate Interests (Art. 6 para. 1 p. 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss Data Protection Act).

Video conferencing, online meetings, webinars and screen sharing

We use platforms and applications of other providers (hereinafter referred to as "conference platforms") for the purpose of conducting video and audio conferences, webinars and other types of video and audio meetings (hereinafter collectively referred to as "conference"). When selecting the conference platforms and their services, we observe the legal requirements.

Data processed by conference platforms: In the context of participation in a conference, the conference platforms process the personal data of the participants mentioned below. The scope of the processing depends on the one hand on which data is requested in the context of a specific conference (e.g. provision of access data or clear names) and on the other hand on which optional information is provided by the participants. In addition to processing for the purpose of conducting the conference, participants' data may also be processed by the conference platforms for security purposes or service optimisation. The data processed includes personal data (first name, surname), contact information (e-mail address, telephone number), access data (access codes or passwords), profile pictures, information on professional position/function, the IP address of the Internet access, information on the participants' end devices, their operating system, the browser and its technical and linguistic settings, information on the content of the communications, i.e. entries in chats and audio and video data, as well as the use of other available functions (e.g. surveys). The contents of the communications are encrypted to the extent technically provided by the conference providers. If participants are registered as users with the conference platforms, then further data may be processed in accordance with the agreement with the respective conference provider.

Logging and recordings: If text entries, participation results (e.g. from surveys) as well as video or audio recordings are logged, this will be transparently communicated to the participants in advance and they will be asked for consent - if necessary.

Data protection measures of the participants: Please note the details of the processing of your data by the conference platforms and select the optimal security and data protection settings for you within the framework of the settings of the conference platforms. Furthermore, please ensure data and privacy protection in the background of your recording for the duration of a videoconference (e.g. by notifying fellow participants, locking doors and using the function to make the background unrecognisable, if technically possible). Links to the conference rooms as well as access data, may not be passed on to unauthorised third parties.

Notes on legal bases: If, in addition to the conference platforms, we also process users' data and ask users for their consent to use the conference platforms or certain functions (e.g. consent to a recording of conferences), the legal basis of the processing is this consent. Furthermore, our processing may be necessary for the fulfilment of our contractual obligations (e.g. in participant lists, in the case of processing of conference results, etc.). Otherwise, user data is processed on the basis of our legitimate interests in efficient and secure communication with our communication partners.

· Data subjects: Communication partners; Users (e.g. website visitors, users of online services); Persons depicted.

· Purposes of processing: provision of contractual services and customer service; contact requests and communication; office and organisational procedures.

· Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss DSG).

Further guidance on processing operations, procedures and services:

· Microsoft Teams: conferencing and communications software; service provider: Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland; Parent company: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss DSG); Website: https://www.microsoft.com/de-de/microsoft-365; Privacy policy: https://privacy.microsoft.com/de-de/privacystatement, Security notices: https://www.microsoft.com/de-de/trustcenter; Standard contractual clauses (ensuring level of data protection for processing in third countries): https://www.microsoft.com/licensing/docs/view/Microsoft-Products-and-Services-Data-Protection-Addendum-DPA.

Cloud services

We use software services accessible via the Internet and running on the servers of their providers (so-called "cloud services", also referred to as "software as a service") for the storage and management of content (e.g. document storage and management, exchange of documents, content and information with specific recipients or publication of content and information).

In this context, personal data may be processed and stored on the servers of the providers, insofar as these are part of communication processes with us or are otherwise processed by us as set out in the context of this privacy policy. This data may include, in particular, master data and contact data of users, data on transactions, contracts, other processes and their contents. The cloud service providers also process usage data and metadata used by them for security purposes and service optimisation.

If we use cloud services to provide forms or other documents and content to other users or publicly accessible websites, the providers may store cookies on users' devices for the purposes of web analytics or to remember users' settings (e.g. in the case of media control).

· Affected persons: Customers; employees (e.g. employees, applicants, former employees); interested parties; communication partners.

· Purposes of processing: office and organisational procedures; information technology infrastructure (operation and provision of information systems and technical equipment (computers, servers, etc.).).

· Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss DSG).

Further guidance on processing operations, procedures and services:

· Microsoft Cloud Services: cloud storage, cloud infrastructure services and cloud-based application software; Service Provider: Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland; Parent company: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss DSG); Website: https://microsoft.com/de-de; Privacy policy:https://privacy.microsoft.com/de-de/privacystatement, Security notices: https://www.microsoft.com/de-de/trustcenter; Order processing agreement: https://www.microsoft.com/licensing/docs/view/Microsoft-Products-and-Services-Data-Protection-Addendum-DPA; Standard contractual clauses (ensuring level of data protection for processing in third countries): https://www.microsoft.com/licensing/docs/view/Microsoft-Products-and-Services-Data-Protection-Addendum-DPA.

Web analysis, monitoring and optimisation

Web analytics (also referred to as "reach measurement") is used to evaluate the flow of visitors to our online offering and may include behaviour, interests or demographic information about visitors, such as age or gender, as pseudonymous values. With the help of the reach analysis, we can, for example, recognise at what time our online offer or its functions or content are most frequently used or invite re-use. Likewise, we can understand which areas need optimisation.

In addition to web analysis, we may also use testing procedures, e.g. to test and optimise different versions of our online offer or its components.

Unless otherwise stated below, profiles, i.e. data summarised for a usage process, can be created for these purposes and information can be stored in a browser or in a terminal device and read from it. The information collected includes, in particular, websites visited and elements used there as well as technical information such as the browser used, the computer system used and information on usage times. If users have agreed to the collection of their location data from us or from the providers of the services we use, location data may also be processed.

The IP addresses of the users are also stored. However, we use an IP masking procedure (i.e. pseudonymisation by shortening the IP address) to protect users. In general, no clear user data (such as e-mail addresses or names) is stored in the context of web analysis, A/B testing and optimisation, but pseudonyms. This means that we as well as the providers of the software used do not know the actual identity of the users, but only the information stored in their profiles for the purpose of the respective procedures.

· Types of data processed: Usage data (e.g. web pages visited, interest in content, access times); meta, communication and procedural data (e.g. IP addresses, time data, identification numbers, consent status).

· Data subjects: Users (e.g. website visitors, users of online services).

· Purposes of processing: Reach measurement (e.g. access statistics, recognition of returning visitors); profiles with user-related information (creation of user profiles).

· Security measures: IP masking (pseudonymisation of the IP address).

· Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO). Further guidance on processing operations, procedures and services:

· Piwik PRO: Reach measurement and web analysis; Service Provider: Piwik PRO GmbH, Kurfürstendamm 21, 10719 Berlin, Deutschland; legal basis: consent (Art. 6 para. 1 p. 1 lit. a) DSGVO); website: https://piwikpro.de ; privacy policy: https://piwikpro.de/datenschutz

Presence in social networks (social media)

We maintain online presences within social networks and process user data in this context in order to communicate with users active there or to offer information about us.

We would like to point out that user data may be processed outside the European Union. This may result in risks for the users because, for example, it may be more difficult to enforce the rights of the users.

Furthermore, user data within social networks is usually processed for market research and advertising purposes. For example, usage profiles can be created based on the usage behaviour and resulting interests of the users. The usage profiles can in turn be used, for example, to place advertisements within and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users' computers, in which the usage behaviour and the interests of the users are stored. Furthermore, data independent of the devices used by the users may also be stored in the usage profiles (especially if the users are members of the respective platforms and are logged in to them).

For a detailed presentation of the respective forms of processing and the options to object (opt-out), we refer to the data protection declarations and information provided by the operators of the respective networks.

In the case of requests for information and the assertion of data subject rights, we would also like to point out that these can be asserted most effectively with the providers. Only the providers have access to the users' data and can take appropriate measures and provide information directly. If you still need help, you can contact us.

· Data subjects: Users (e.g. website visitors, users of online services).

· Purposes of processing: contact requests and communication; feedback (e.g. collecting feedback via online form); marketing.

· Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss DSG).

Further guidance on processing operations, procedures and services:

· Instagram: Social network; Service provider: Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss DSG); Website:https://www.instagram.com; Privacy policy: https://instagram.com/about/legal/privacy.

· LinkedIn: Social network; Service provider: LinkedIn Ireland Unlimited Company, Wilton Plaza Wilton Place, Dublin 2, Ireland; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss DSG); Website: https://www.linkedin.com; Privacy policy: https://www.linkedin.com/legal/privacy-policy; Order processing agreement: https://legal.linkedin.com/dpa; Standard contractual clauses (ensuring level of data protection for processing in third countries): https://legal.linkedin.com/dpa; Opt-out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

· Twitter: social network; service provider: Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2 D02 AX07, Ireland, parent company: Twitter Inc, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss DSG); Privacy policy: https://twitter.com/privacy, (Settings: https://twitter.com/personalization).

· YouTube: Social network and video platform; Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss DSG); Privacy policy: https://policies.google.com/privacy; Opt-out: https://adssettings.google.com/authenticated.

Plugins and embedded functions and content

We integrate functional and content elements into our online offer that are obtained from the servers of their respective providers (hereinafter referred to as "third-party providers"). These can be, for example, graphics, videos or city maps (hereinafter uniformly referred to as "content").

The integration always requires that the third-party providers of this content process the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is thus required for the display of this content or function. We endeavour to only use content whose respective providers only use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to analyse information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offering, as well as being linked to such information from other sources.

· Data subjects: Users (e.g. website visitors, users of online services).

· Purposes of the processing: Provision of our online offer and user-friendliness.

· Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss DSG); Consent (Art. 6 para. 1 lit. a DSGVO; Art. 31 para. 1 Swiss DSG).

Further guidance on processing operations, procedures and services:

· Google Fonts (provision on own server): Provision of font files for the purpose of a user-friendly presentation of our online offer; Service provider: The Google Fonts are hosted on our server, no data is transmitted to Google; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO; Art. 31 para. 1 and 2 Swiss DSG).

· Adobe Analytics: Adobe Analytics; Service provider: Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland; Legal basis:Consent (Art. 6 para. 1 lit. a DSGVO; Art. 31 para. 1 Swiss DSG); Website:https://www.adobe.com/de/analytics/adobe-analytics.html; Privacy policy:https://www.adobe.com/de/privacy.html.

Amendment and update of the privacy policy

We ask you to regularly inform yourself about the content of our data protection declaration. We adapt the data protection declaration as soon as the changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.

Where we provide addresses and contact details of companies and organisations in this privacy statement, please note that the addresses may change over time and please check the details before contacting us.

Definitions of terms

This section provides you with an overview of the terms used in this privacy policy. Insofar as the terms are defined by law, their legal definitions apply. The following explanations, on the other hand, are primarily intended to help you understand them.

· Conversion measurement: Conversion measurement (also referred to as "visit action evaluation") is a procedure that can be used to determine the effectiveness of marketing measures. For this purpose, a cookie is usually stored on the user's devices within the websites on which the marketing measures take place and then retrieved again on the target website. For example, this allows us to track whether the ads we have placed on other websites have been successful.

· Personal data: "Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

· Profiles with user-related information: The processing of "profiles with user-related information", or "profiles" for short, includes any type of automated processing of personal data that consists of using these personal data to analyse, evaluate or predict certain personal aspects relating to a natural person (depending on the type of profiling, this may include different information concerning demographics, behaviour and interests, such as interaction with websites and their content, etc.) (e.g. interests in certain content or products, click behaviour on a website or location). Cookies and web beacons are often used for profiling purposes.

· Reach measurement: Reach measurement (also referred to as web analytics) is used to evaluate the visitor flows of an online offer and can include the behaviour or interests of visitors in certain information, such as website content. With the help of reach analysis, website owners can see, for example, at what time visitors visit their website and what content they are interested in. This enables them, for example, to better adapt the content of the website to the needs of their visitors. For the purposes of reach analysis, pseudonymous cookies and web beacons are often used to recognise returning visitors and thus obtain more precise analyses of the use of an online offer.

· Server monitoring and error detection: With the help of server monitoring and error detection, we ensure the availability and integrity of our online offer and use the processed data to technically optimise our online offer. Performance, utilisation and comparable technical values are processed, which provide information about the stability and any anomalies of our online offer. In the event of errors and anomalies, individual queries from the users of our online offering are recorded in order to identify and rectify sources of problems.

· Controller: the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.

· Processing: "Processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and includes virtually any handling of data, be it collection, analysis, storage, transmission or erasure.