Privacy
The responsible party within the meaning of the data protection laws, in particular the EU General Data Protection Regulation (DSGVO), is:
cloud37 gmbH
Thomas Malcherek
E-mail: thomas.malcherek@cloud37.ch
WebSite: https://www.cloud37.ch/
General note
Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Swiss Confederation (Data Protection Act, DPA), every person is entitled to protection of his or her privacy as well as protection against misuse of his or her 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 make every effort to protect the databases as well as possible against unauthorized access, loss, misuse or falsification.
We would like to point out that data transmission on the Internet (e.g. communication by e-mail) can have security gaps. 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. In principle, this website can be visited without registration. In the process, data such as accessed pages or names of the accessed file, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or e-mail address are collected as far as possible on a voluntary basis. The data will not be passed on to third parties without your consent
Processing of personal data
Personal data is any information that relates to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, acquisition, deletion, storage, modification, destruction and use of personal data.
We process personal data in accordance with Swiss data protection law. 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 for the performance of a contract with the data subject as well as for the implementation of corresponding pre-contractual measures.
- lit. c) processing of personal data to comply with a legal obligation to which we are subject under any applicable law of the EU or under any applicable law of any country where the GDPR applies in whole or in part.
- lit. d) processing of personal data to protect 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, unless the fundamental freedoms and rights and interests of the data subject are overridden. Legitimate interests include, in particular, our business interest in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.
We process personal data for the duration required for the respective purpose or purposes. In the case of longer-term 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 information related to the user on the user’s terminal device while the user is using the website. Cookies make it possible, in particular, to determine the frequency of use and number of users of the pages, to analyze behavior patterns of page use, but also to make our offer more customer-friendly. Cookies remain stored beyond the end of a browser session and can be accessed again when you visit the site again. If you do not wish to do so, 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 the services, especially in the case of tracking, via the U.S. site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by means of their deactivation in the browser settings. Please note that in this case not all functions of this online offer can be used.
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 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, although we assume that no personal tracking takes place in this context solely through the use of our website.
Google has committed to ensuring adequate data protection in accordance with the U.S.-European and U.S.-Swiss Privacy Shields.
Further information can be found in Google’s privacy policy.
Privacy policy for contact form
If you send us inquiries via the contact form, the information you provide in the inquiry form, including the contact data you enter there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not share 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 other 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 their use for sending the newsletter at any time, for example via the “unsubscribe link” in the newsletter.
Services with costs
For the provision of chargeable services, we ask for additional data, such as payment details, in order to process your order or order confirmation. to be able to execute your order. We store this data in our systems until the statutory retention periods have expired.
Use of Google Remarketing
This website uses the remarketing function of Google Inc. The function is used to present interest-based advertisements to website visitors within the Google advertising network. A so-called “cookie” is stored in the browser of the website visitor, which makes it possible to recognize the visitor when he or she visits websites that belong to Google’s advertising network. On these pages, the visitor may be presented with advertisements that relate to content that the visitor has previously accessed on websites that use Google’s remarketing function.
According to its own information, Google does not collect any personal data during this process. If you still do not wish to use the Google remarketing function, you can deactivate it in principle by making the appropriate settings at http://www.google.com/settings/ads. Alternatively, you can disable the use of cookies for interest-based advertising via the ad network initiative by following the instructions at http://www.networkadvertising.org/managing/opt_out.asp.
Use of Google reCAPTCHA
This website uses the service reCAPTCHA of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). The query serves the purpose of distinguishing whether the input is made by a human or by automated, machine processing. The query includes the sending of the IP address and possibly other data required by Google for the reCAPTCHA service to Google. For this purpose, your input is transmitted to Google and further used there. However, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address transmitted by your browser as part of reCaptcha will not be merged with other data from Google. Your data may also be transmitted to the USA in the process. For data transfers to the USA, there is an adequacy decision of the European Commission, the “Privacy Shield”. Google participates in the “Privacy Shield” and has submitted to the requirements. By pressing the query, you consent to the processing of your data. The processing is based on Art. 6 (1) lit. a DSGVO with your consent. You can revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation.
You can find more information about Google reCAPTCHA and the associated privacy policy at: https://www.google.com/privacy/ads/
Privacy policy for Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the data controller on this website is located outside the European Economic Area or Switzerland, then Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as “Google”.
The statistics obtained enable us to improve our offer and make it more interesting for you as a user. This website also uses Google Analytics for cross-device analysis of visitor flows, which is performed 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 is not merged with other data from Google. We would like to point out that on this website Google Analytics has been extended by the code “_anonymizeIp();” to ensure anonymized collection of IP addresses. This means that IP addresses are processed in abbreviated form, which means that it is not possible to relate them 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 thus immediately deleted.
Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. For the exceptional cases where personal data is transferred to the US, 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 transferred 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 the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: Disable Google Analytics.
In addition, you can also prevent the use of Google Analytics by clicking on this link: Disable Google Analytics. This saves a so-called 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 terminal device, these opt-out cookies will also be deleted, i.e. you must set the opt-out cookies again if you wish 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 Google Ads
This website uses the online marketing tool Google Ads by Google (“Google Ads”). Google Ads uses cookies to serve ads that are relevant to users, to improve campaign performance reports, or to prevent a user from seeing the same ads more than once. Google uses a cookie ID to record which ads are displayed in which browser and can thus prevent them from being displayed more than once. In addition, Google Ads can use cookie IDs to record so-called conversions that are related to ad requests. This is the case, for example, when a user sees a Google Ads ad and later uses the same browser to visit the advertiser’s website and make a purchase. According to Google, Google Ads cookies do not contain any personal information.
Due to the marketing tools used, your browser automatically establishes a direct connection with Google’s server. Through the integration of Google Ads, Google receives the information that you have called up the corresponding part of our website or clicked on an advertisement from us. If you are registered with a Google service, Google can assign the visit to your account. Even if you are not registered with Google or have not logged in, there is a possibility that Google will find out and store your IP address.
You can prevent participation in this tracking process in several ways:
- by an appropriate setting of your browser software, in particular the suppression of third-party cookies leads to the fact that you do not receive ads from third-party providers;
- by disabling cookies for conversion tracking by setting your browser to block cookies from the domain “www.googleadservices.com”, https://adssettings.google.com, which setting will be deleted when you delete your cookies;
- by disabling the interest-based ads of the providers that are part of the self-regulatory campaign “About Ads” via the link https://www.aboutads.info/choices, this setting being deleted when you delete your cookies;
- by permanently deactivating it in your Firefox, Internet Explorer or Google Chrome browsers at the link https://www.google.com/settings/ads/plugin. We would like to point out that in this case you may not be able to use all functions of this offer to their full extent.
The legal basis for the processing of your data is a balancing of interests, according to which the processing of your personal data described above is not opposed by any overriding interests on your part (Art. 6 (1) sentence 1 lit. f DSGVO). For more information about Google Ads from Google, please visit https://ads.google.com/intl/de_DE/home/, and about Google privacy in general: https://www.google.de/intl/de/policies/privacy. Alternatively, you can visit the Network Advertising Initiative (NAI) website at https://www.networkadvertising.org.
Privacy policy for the use of Google Web Fonts
This website uses so-called web fonts provided by Google for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into its browser cache in order to display texts and fonts correctly. If your browser does not support web fonts, a default font is used by your computer.
For more information on Google Web Fonts, please visit https://developers.google.com/fonts/faq and see Google’s privacy policy: https://www.google.com/policies/privacy/
Google Tag Manager
Google Tag Manager is a solution with which we can manage so-called website tags via an interface and thus integrate Google Analytics and other Google marketing services into our online offering, for example. The Tag Manager itself, which implements the tags, does not process any personal data of the users. With regard to the processing of users’ personal data, reference is made to the following information on Google services. Usage Guidelines: https://www.google.com/intl/de/tagmanager/use-policy.html.
Privacy policy for Twitter
This website uses functions of Twitter, Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA. When you call up our pages with Twitter plug-ins, a connection is established between your browser and the servers of Twitter. In the process, data is already transferred to Twitter. If you have a Twitter account, this data can be linked to it. If you do not want this data to be associated with your Twitter account, please log out of Twitter before visiting our site. Interactions, in particular clicking on a “re-tweet” button, are also passed on to Twitter. You can learn more at https://twitter.com/privacy.
Privacy policy for Instagram
Functions of the Instagram service are integrated on our website. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate the visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Instagram.
For more information, please see Instagram’s privacy policy: http://instagram.com/about/legal/privacy/
Privacy policy for LinkedIn
This website uses functions of the network LinkedIn. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Each time one of our pages containing LinkedIn functions is accessed, a connection to LinkedIn servers is established. LinkedIn is informed that you have visited our web pages with your IP address. If you click the “Recommend Button” of LinkedIn and are logged into your account at LinkedIn, it is possible for LinkedIn to assign your visit to our website to you and your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by LinkedIn.
For more information, please see LinkedIn’s privacy policy at: https://www.linkedin.com/legal/privacy-policy
Privacy policy for YouTube
This website uses plugins from the YouTube site operated by Google. The operator of the pages is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. When you visit one of our pages equipped with a YouTube plugin, a connection to the YouTube servers is established. This tells the YouTube server which of our pages you have visited.
If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.
For more information on the handling of user data, please see YouTube’s privacy policy at: https://www.google.de/intl/de/policies/privacy
Privacy policy for Vimeo
Plugins of the video portal Vimeo of Vimeo, LLC, 555 West 18th Street, New York, New York 10011, USA are integrated on this website. Each time you visit a page that offers one or more Vimeo video clips, a direct connection is established between your browser and a Vimeo server in the USA. Information about your visit and your IP address will be stored there. Through interactions with the Vimeo plugins (e.g. clicking the start button), this information is also transmitted to Vimeo and stored there. You can find the privacy policy for Vimeo with more information about the collection and use of your data by Vimeo in the privacy policy of Vimeo.
If you have a Vimeo user account and do not want Vimeo to collect data about you through this website and link it to your membership data stored with Vimeo, you must log out of Vimeo before visiting this website.
In addition, Vimeo calls the Google Analytics tracker via an iFrame in which the video is called. This is Vimeo’s own tracking, to which we have no access. You can prevent tracking by Google Analytics by using the deactivation tools that Google offers for some Internet browsers. You can also prevent the collection of data generated by Google Analytics and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link:
https://tools.google.com/dlpage/gaoptout?hl=de
Contractual services
We process the data of our contractual partners and interested parties as well as other clients, customers, clients or contractual partners (uniformly referred to as “contractual partners”) in accordance with. the data protection provisions of the federal government (Data Protection Act, DSG) and the EU-DSGVO in accordance with Art. 6 para. 1 lit. b. DSGVO in order to provide them with our contractual or pre-contractual services. The data processed in this context, the type, scope and purpose and the necessity of their processing, are determined by the underlying contractual relationship.
The processed data includes the master data of our contractual partners (e.g. names and addresses), contact data (e.g. e-mail addresses and telephone numbers) as well as contract data (e.g. services used, contract contents, contractual communication, names of contact persons) and payment data (e.g. bank details, payment history).
As a matter of principle, we do not process special categories of personal data, unless they are part of a commissioned or contractual processing.
We process data that are necessary for the justification and fulfillment of the contractual services and point out the necessity of their indication, if this is not evident for the contractual partners. Disclosure to external persons or companies will only be made if it is required as part of a contract. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client and the legal requirements.
When using our online services, we may store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the interests of users in protection against misuse and other unauthorized use. In principle, this data will not be passed on to third parties, unless it is necessary for the pursuit of our claims in accordance with the German Data Protection Act. Art. 6 par. 1 lit. f. DSGVO is required or there is a legal obligation to do so pursuant to. Art. 6 par. 1 lit. c. GDPR.
The deletion of the data takes place when the data is no longer required for the fulfillment of contractual or legal duties of care as well as for dealing with any warranty and comparable obligations, whereby the necessity of keeping the data is reviewed at irregular intervals. In all other respects, the statutory retention obligations shall apply.
Note regarding data transfer to the USA
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 allow the storage of all personal data from Switzerland – which has been transmitted to the USA.
This is done without any differentiation, limitation or exception based on the objectives pursued and without any objective criterion that would make it possible to limit the access of the U.S. authorities to the data and their subsequent use to very specific, strictly limited purposes that could justify the interference associated with the access to these data as well as with their use. Furthermore, we would like to point out that in the U.S., there are no legal remedies available to data subjects from Switzerland that would allow them to obtain access to the data concerning them and to obtain its correction or deletion, respectively. there is no effective legal protection against general access rights by U.S. authorities. We explicitly point out this legal and factual situation to the data subject in order to make an appropriately informed decision to consent to the use of his or her data.
We would like to point out to users residing in a member state of the EU that the USA does not have a sufficient level of data protection from the perspective of the European Union.
Copyrights
The copyright and all other rights to the content, images, photos or other files on the website belong exclusively to the operator of this website or the specifically named rights holders. For the reproduction of all files, the written consent of the copyright holder must be obtained in advance.
Anyone who commits a copyright infringement without the consent of the respective rights holder may be liable to prosecution and at most to damages.
General disclaimer
All information on our website has been carefully checked. We make every effort to ensure that the information we provide is up-to-date, accurate and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, accuracy and timeliness of information, including journalistic and editorial information. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.
The publisher may change or delete texts at his own discretion and without notice and is not obliged to update any contents of this website. Use of or access to this website is at the visitor’s own risk. The publisher, its principals or partners are not responsible for any damages, such as direct, indirect, incidental, consequential or special damages, alleged to have been caused by the visit of this website and consequently assume no liability for such damages.
The publisher also assumes no responsibility or liability for the content and availability of third-party websites that can be accessed via external links from this website. The operators of the linked pages are solely responsible for their content. The publisher thus expressly dissociates itself from all third-party content that may be relevant under criminal or liability law or that may offend common decency.
Changes
We may amend this privacy policy at any time without notice. The current version published on our website applies. To the extent that the Privacy Policy is part of an agreement with you, if we update it, we will notify you of the change by email or other appropriate means.
Questions for the data protection officer
If you have any questions about data protection, please write us an e-mail or contact directly the responsible person in our organization listed for data protection at the beginning of the privacy policy.
Oberuzwil, 01.04.2020
Source: SwissAnwalt
Image credits : Unsplash.com, canva.com, freepik.com
Notes on data processing in connection with Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the data controller 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”.
Google Analytics uses “cookies”, which are text files placed on the computer of the site visitor, to help the website analyze how users use the site. The information generated by the cookie about the use of this website by the site visitor (including the shortened IP address) is usually transmitted to a Google server and stored there.
Google Analytics is used exclusively with the extension “_anonymizeIp()” on this website. This extension ensures anonymization of the IP address through shortening and excludes direct personal reference. By extension, Google’s IP address is truncated beforehand within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. The IP address transmitted by the corresponding browser within the scope of Google Analytics is not merged with other Google data.
On behalf of the site operator, Google will use the resulting information to evaluate the use of the website, to compile reports on website activity and to provide other services related to website and internet use to the site operator (Art. 6 para. 1 lit. f DSGVO). The legitimate interest in the data processing lies in the optimization of this website, the analysis of the use of the website and the adaptation of the content. The interests of the users are sufficiently protected by the pseudonymization.
Google LLC. offers a guarantee based on the standard contractual clauses to maintain an appropriate level of data protection. The data sent and linked to cookies, user IDs (e.g. user ID) or advertising IDs are automatically deleted after 50 months. The deletion of data whose retention period has been reached takes place automatically once a month.
The collection by Google Analytics can be prevented by the site visitor adjusting the cookie settings for this website. The collection and storage of the IP address and the data generated by cookies can also be objected to at any time with effect for the future. The corresponding browser plugin can be downloaded and installed at the following link: https://tools.google.com/dlpage/gaoptout.
The site visitor can prevent the collection by Google Analytics on this website by clicking on the following link. An opt-out cookie is set that prevents future collection of data when visiting this website.
Further information on the use of data by Google, setting and objection options, can be found in Google’s privacy policy(https://policies.google.com/privacy) and in the settings for the display of advertising by Google(https://adssettings.google.com/authenticated).
reCAPTCHA
To protect your requests via Internet form, we use the service reCAPTCHA of the company Google LLC (Google). The query is used to distinguish whether the input is made by a human or abused by automated, machine processing. The query includes the sending of the IP address and possibly other data required by Google for the reCAPTCHA service to Google. For this purpose, your input is transmitted to Google and further used there. However, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address transmitted by your browser as part of reCaptcha is not merged with other data from Google. The deviating data protection provisions of the Google company apply to this data. For more information on Google’s privacy policy, please visit: https://policies.google.com/privacy?hl=de
