Data protection
The responsible body within the meaning of the data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:
brandSTIFT GmbH
Gianni Fabiano
Steinacher 28
6243 Egolzwil
Telephone: +41-79 431 08 71
Email: gianni.fabiano@brandstift.ch
Website: http://brandstift.ch/
General remark
Based on Article 13 of the Swiss Federal Constitution and the federal data protection regulations (Data Protection Act, DSG ) every person has the right to protection of their privacy and protection against misuse of their personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.
In cooperation with our hosting providers, we strive 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. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.
By using this website, you agree to the collection, processing and use of data as described below. This website can generally be visited without registration. Data such as the pages called up or the name of the file called up, the date and time are stored on the server for statistical purposes, without this data being directly related to your person. Personal data, in particular name, address or e-mail address, are collected on a voluntary basis as far as possible. 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 any 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 personal data in accordance with the following legal bases in connection with Art. 6 Para. 1 GDPR - insofar as the EU GDPR is applicable :
lit. a) Processing of personal data with the consent of the person concerned.
lit. b) Processing of personal data to fulfill a contract with the data subject and to carry out appropriate pre-contractual measures.
lit. c) Processing of personal data to fulfill a legal obligation that we have under any applicable EU law or under any applicable law of a country in which the GDPR applicable in whole or in part.
lit. d) Processing of personal data in order to protect the vital interests of the data subject or another natural person.
lit. f) Processing of personal data in order to safeguard our legitimate interests or those of third parties, provided that the fundamental freedoms and fundamental rights and interests of the data subject do not prevail. Legitimate interests are 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 necessary for the respective purpose or purposes. In the case of longer-lasting storage obligations due to legal and other obligations to which we are subject, we restrict processing accordingly.
Privacy Policy for Cookies
This site uses cookies. These are small text files that make it possible to store 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 behavior of the page use, but also to make our offer more customer-friendly. Cookies remain stored at the end of a browser session and can be called up again when you visit the site again. If you do not want this, you should set your Internet browser so that it refuses to accept cookies.
A general objection to the use of cookies for online marketing purposes can be raised for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/ . Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that in this case not all functions of this online offer can be used.
Privacy Policy for Contact Form
If you send us inquiries via 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 inquiry and in the event of follow-up questions. We do not pass on this data without your consent.
Data protection declaration for newsletter data
If you would like to receive the newsletter offered on this website, we need 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 . Further data is not 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.
Data protection declaration for the comment function on this website
For the comment function on this website, in addition to your comment, information about the time the comment was created, your e-mail address and, if you are not posting anonymously, the user name you have chosen will be stored.
Storage of the IP address
Our comment function saves the IP addresses of the users who write comments. Since we do not check comments on our site before they are activated, we need this data in order to be able to take action against the author in the event of legal violations such as insults or propaganda.
Subscribe to comments
As a user of the site, you can subscribe to comments after registering. You will receive a confirmation email to verify that you are the owner of the email address provided. You can unsubscribe from this function at any time via a link in the info mails.
Rights of Data Subjects
right to confirmation
Every data subject has the right to request confirmation from the operator of the website as to whether personal data relating to 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. Furthermore, the following information can be provided if necessary:
the processing purposes
the categories of personal data being processed
the recipients to whom the personal data have been disclosed or will be disclosed
if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria used to determine that duration
the existence of a right to correction or deletion of the personal data concerning you or to 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 is not collected from the data subject: all available information about the origin of the data
Furthermore, the data subject has a right to information as to whether personal data has been transmitted to a third country or to an international organization. If this is the case, the person concerned has the right to receive information about the appropriate guarantees in connection with the transmission.
If you would like to make use of 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 demand 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 - also by means of a supplementary declaration.
If you would like to make use of this right to rectification, you can contact our data protection officer at any time.
Right to erasure (right to be forgotten)
Any person affected by the processing of personal data has the right to demand from the person responsible for this website that the personal data concerning them be deleted immediately if one of the following reasons applies and if the processing is not necessary:
The personal data were collected for such purposes or otherwise processed 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 data subject objects to the processing for reasons arising from their particular situation and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing in the case of direct advertising and associated profiling
The personal data was processed unlawfully
Erasure of the personal data is necessary to fulfill a legal obligation in Union or Member State law to which the controller is subject
The personal data were collected in relation to information society services offered, made directly to a child
If one of the above reasons applies and you wish 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 of this website will ensure that the request for deletion is complied with immediately.
Right to restriction of processing
Any person affected by the processing of personal data has the right to request that the person responsible for this website restrict the processing if one of the following conditions is met:
The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data
The processing is unlawful, the data subject refuses to have the personal data deleted 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 is not yet clear whether the legitimate reasons of the controller override those of the data subject
If one of the above conditions is met and you wish to request the restriction of personal data stored by the operator of this website, you can contact our data protection officer at any time. The data protection officer of this website will arrange for the restriction of processing.
Right to data portability
Every person affected by the processing of personal data has the right to receive the personal data concerning 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 data subject has the right to have the personal data transmitted directly from one person responsible to another person responsible, 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 transferability, 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 relating to 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 grounds for the processing which outweigh the interests, rights and freedoms of the data subject, or if the processing is necessary for the assertion, exercise or defense of legal claims.
To exercise the right to object, you can contact the data protection officer of this website directly.
Right to withdraw consent under data protection law
Any person affected by the processing of personal data has the right to revoke a given consent to the processing of personal data at any time.
If you would like to assert your right to revoke your consent, you can contact our data protection officer at any time.
Data protection declaration for objection to advertising e-mails
We hereby object to the use of contact data published as part of the imprint obligation to send unsolicited advertising and information material. The site operators expressly reserve the right to take legal action in the event of unsolicited advertising being sent, such as spam e-mails.
Use of Google Maps
This website uses the offer of Google Maps. This enables us to show you interactive maps directly on the website and enables you to conveniently use the map function. By visiting the website, Google receives the information that you have accessed the corresponding subpage of our website. This takes place regardless of whether Google provides a user account through which you are logged in or whether there is no user account. If you are logged in to Google, your data will be assigned directly to your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for advertising, market research and/or needs-based design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right. Further information on the purpose and scope of data collection and its processing by Google, as well as further information on your rights in this regard and setting options for protecting your privacy, can be found at: www.google.de/intl/de/policies/privacy .
Privacy Policy for Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the person responsible for data processing on this website is located outside the European Economic Area or Switzerland, Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as "Google".
We can use the statistics obtained to improve our offer and make it more interesting for you as a user. This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out using a user ID. If you have a Google user account, you can deactivate the cross-device analysis of your use in the settings there under "My data", "Personal data".
The legal basis for the use of Google Analytics is Article 6 Paragraph 1 Clause 1 Letter f GDPR. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. We would like to point out that on this website Google Analytics has been extended by the code "_anonymizeIp();" was expanded to ensure anonymous collection of IP addresses. As a result, IP addresses are further processed in abbreviated form, which means that they cannot be linked to individuals. If the data collected about you has a personal reference, this will be excluded immediately and the personal data will be deleted immediately.
Only in exceptional cases will the full IP address be sent 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 the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework .
Google Analytics uses cookies. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. You can prevent the storage of cookies by setting your browser software accordingly; we would like to point out to you however that in this case you will if applicable not be able to use all functions of this website in full. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by downloading the browser plug-in available under the following link and install: Disable Google Analytics .
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 end device, these opt-out cookies will also be deleted, ie you will have to set the opt-out cookies again if you want to continue to prevent this form of data collection. The opt-out cookies are set per browser and computer/device and must therefore be activated separately for each browser, computer or other device.
Google Ads Privacy Policy
This website uses the online marketing tool Google Ads from Google ("Google Ads"). Google Ads uses cookies to serve ads relevant to users, to improve campaign performance reports, or to prevent a user from seeing the same ads multiple times. 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 go to the advertiser's website and buy something there. According to Google, Google Ads cookies do not contain any personally identifiable information.
Due to the marketing tools used, your browser automatically establishes a direct connection to the Google server. By integrating Google Ads, Google receives the information that you have accessed the relevant part of our website or clicked on one of our advertisements. 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 a number of ways:
by setting your browser software accordingly, in particular the suppression of third-party cookies means that you will not receive any advertisements from third-party providers;
by deactivating cookies for conversion tracking by setting your browser so that cookies from the domain "www.googleadservices.com" are blocked, https://adssettings.google.com , whereby this setting is deleted if you change your delete cookies;
by deactivating the interest-based ads of the providers who are part of the self-regulatory campaign "About Ads" via the link https://www.aboutads.info/choices , whereby this setting will be deleted if you delete your cookies;
by permanent deactivation in your browsers Firefox, Internet Explorer or Google Chrome under 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 the 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 does not conflict with any overriding conflicting interests on your part (Article 6 (1) sentence 1 lit. f GDPR). Further information on Google Ads from Google can be found at https://ads.google.com/intl/de_DE/home/ and on data protection at Google 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 Facebook
This website uses features from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. When you visit our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. Data is already being transferred to Facebook. If you have a Facebook account, this data can be linked to it. If you do not want this data to be assigned to your Facebook account, please log out of Facebook before visiting our site. Interactions, in particular using a comment function or clicking a "Like" or "Share" button, are also passed on to Facebook. You can find out more at https://de-de.facebook.com/about/privacy .
Privacy Policy for Twitter
This website uses features from Twitter, Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA. When you visit our pages with Twitter plug-ins, a connection is established between your browser and the Twitter servers. Data is already being transmitted to Twitter. If you have a Twitter account, this data can be linked to it. If you do not want this data to be assigned to 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. 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 click the Instagram button to link the content of our pages to your Instagram profile. This allows Instagram to associate your visit to our site 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 how it is used by Instagram.
For more information, see Instagram's privacy policy: http://instagram.com/about/legal/privacy/
Privacy Policy for LinkedIn
This website uses functions of the LinkedIn network. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Each time one of our pages that contains LinkedIn functions is accessed, a connection to LinkedIn servers is established. LinkedIn is informed that you have visited our website with your IP address. If you click on LinkedIn's "Recommend" button and are logged into your LinkedIn account, LinkedIn is able to assign your visit to our website to you and your user account. We would like to point out that as the provider of the pages, we have no knowledge of the content of the data transmitted or how it is used by LinkedIn.
For more information, see LinkedIn's privacy policy at: https://www.linkedin.com/legal/privacy-policy
Use of Adobe Fonts
We use Adobe Fonts for the visual design of our website. Adobe Fonts is a service provided by Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA (Adobe) that gives us access to a font library. To integrate the fonts we use, your browser must establish a connection to an Adobe server in the USA and download the font required for our website. This gives Adobe the information that our website was accessed from your IP address. For more information about Adobe Fonts, see Adobe's privacy policy, which you can access here: Adobe Fonts
Privacy Policy for YouTube
This website uses plugins from the Google-operated YouTube site. The site operator is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. If you visit one of our pages equipped with a YouTube plugin, a connection to the YouTube servers will be established. The YouTube server is informed 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.
Further information on the handling of user data can be found in YouTube's data protection declaration at: https://www.google.de/intl/de/policies/privacy
brokerage services
We process the data of our customers, clients and interested parties (uniformly referred to as "customers") in accordance with the data protection regulations of the federal government (Data Protection Act, DSG) and the EU GDPR in accordance with Article 6 Paragraph 1 lit. b. GDPR in order to provide you with our contractual or pre-contractual services. The data processed here, the type, scope and purpose and the necessity of their processing are determined by the underlying order. This basically includes inventory and master data of the customers (name, address, etc.), as well as the contact data (e-mail address, telephone, etc.), the contract data (content of the assignment, fees, terms, information on the brokered companies/ insurers/benefits) and payment data (commissions, payment history, etc.). We can also process information about the characteristics and circumstances of persons or their belongings if this is part of our order. This can be, for example, information about personal living conditions, mobile or immovable property.
As part of our assignment, it may also be necessary for us to process special categories of data in accordance with Article 9 (1) GDPR, here in particular information on a person's health. If necessary, we will obtain the express consent of the customer for this purpose in accordance with Article 6 Paragraph 1 Letter a., Article 7, Article 9 Paragraph 2 Letter a GDPR.
If necessary for the fulfillment of the contract or by law, we disclose or transmit the data of the customers in the context of coverage requests, conclusions and processing of contracts, data to providers of the brokered services/objects, insurers, reinsurers, broker pools, technical service providers, other service providers, such as e.g cooperating associations, as well as financial service providers, credit institutions and capital investment companies as well as social security institutions, tax authorities, tax consultants, legal advisers, auditors, insurance ombudsmen and the Swiss Financial Market Supervisory Authority (FINMA) or the Federal Financial Supervisory Authority (BaFin). Furthermore, we can commission sub-contractors, such as sub-agents. We obtain customer consent if this is required for disclosure/transmission (which may be the case, for example, in the case of special categories of data pursuant to Art. 9 GDPR).
The data is deleted after statutory warranty and comparable obligations have expired, with the necessity of storing the data being checked at irregular intervals. Otherwise, the statutory retention requirements apply. In the case of legal archiving obligations, the deletion takes place after their expiry.
Notice regarding data transfers to the USA (United States of America)
For the sake of completeness, we would like to point out that US authorities have surveillance measures in place for users based in Switzerland, which generally allow the storage of all personal data from Switzerland - which has been transmitted to the USA.
This is done without differentiation, limitation or exception based on the objectives pursued and without any objective criterion allowing access by the US authorities to the data and their subsequent use to very specific, strictly limited purposes capable of justifying interventions related to access to and use of this data. In addition, we would like to point out that there are no legal remedies in the USA for data subjects from Switzerland that would allow access to the data concerning you and to obtain their correction or deletion, resp. there is no effective legal protection against general access rights by US authorities. We explicitly draw the data subject's attention to this legal and factual situation in order to make an appropriately informed decision to consent to the use of his data.
Users residing in a member state of the EU we would like to point out that the USA does not have an adequate level of data protection from the point of view of the European Union.
copyrights
The copyright and all other rights to content, images, photos or other files on the website belong exclusively to the operator of this website or the specifically named rights holders. 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 may be liable for damages.
General Disclaimer
All information on this website has been carefully checked. We make every effort to ensure that the information we offer is up-to-date, correct in terms of content and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, correctness and topicality of information, including that of a journalistic and editorial nature. Liability claims for damage of a material or immaterial nature caused by the use of the information provided are excluded unless there is evidence of intentional or grossly negligent fault.
The publisher can change or delete texts at its own discretion and without notice and is not obliged to update the content of this website. Use of or access to this website is at the visitor's own risk. The publisher, its clients or partners are not responsible for any damage, such as direct, indirect, accidental, to be determined in advance or consequential damage, which is alleged to have arisen from visiting this website and therefore assume no liability for this.
The publisher also assumes no responsibility and liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked pages are solely responsible for their content. The publisher expressly distances himself from all third-party content that may be relevant under criminal or liability law or that violate common decency.
changes
We may adjust this privacy policy at any time without prior notice. The current version published on our website applies. Insofar as the data protection declaration is part of an agreement with you, in the event of an update we will inform you of the change by e-mail or by other suitable means.
Questions to the data protection officer
If you have any questions about data protection, please send us an e-mail or contact the person responsible for data protection in our organization listed at the beginning of the data protection declaration.
Egolzwil, March 27th, 2020
Source: SwissAnwalt