Responsible pursuant to Article 4 (7) DSGVO

Markus Bamert AG
Etzelstrasse 24
8832 Wollerau
mail(at)markusbamert.ch

Data protection authority:

Herr Markus Bamert
Markus Bamert AG
mail(at)markusbamert.ch

Security and protection of your personal data

We consider it our primary responsibility to maintain the confidentiality of the personal data you provide to us and to protect it from unauthorised access. That is why we take the utmost care and apply state-of-the-art security standards to ensure maximum protection of your personal data.

As a company under private law, we are subject to the provisions of the European General Data Protection Regulation (DSGVO) and the regulations of the Federal Data Protection Act (BDSG). We have taken technical and organisational measures to ensure that the regulations on data protection are observed both by us and by our external service providers.

Definition of terms

The legislator requires that personal data are processed lawfully, fairly and in a manner that is comprehensible to the data subject ("lawfulness, processing in good faith, transparency"). To ensure this, we inform you about the individual legal definitions that are also used in this privacy policy:

1. 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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 

2. processing

"Processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 

3. restriction of processing

"Restriction of processing" means the marking of stored personal data with the aim of limiting their future processing. 

4. profiling

"Profiling" means any automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.

5. pseudonymisation

"Pseudonymisation" means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data cannot be attributed to an identified or identifiable natural person.

6. file system

"File system" means any structured collection of personal data accessible according to specified criteria, whether such collection is maintained in a centralised, decentralised or functional or geographical manner.

7. responsible person

"controller' means a 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; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.

8. processors

"Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller.

9. receiver

'recipient' means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities which may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients and the processing of such data by those authorities shall be carried out in accordance with the applicable data protection rules, in accordance with the purposes of the processing.

10. third party

"Third party" means a natural or legal person, public authority, agency or other body, other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.

11. consent

Consent" of the data subject means any freely given specific, informed and unambiguous indication of his or her wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

Lawfulness of the processing

The processing of personal data is only lawful if there is a legal basis for the processing. According to Article 6 (1) a - f DSGVO, the legal basis for processing can be in particular:

1.  the data subject has given consent to the processing of personal data concerning him or her for one or more specific purposes;
2. the processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures taken at the data subject's request;
3. processing is necessary for compliance with a legal obligation to which the controller is subject;
4. the processing is necessary in order to protect the vital interests of the data subject or of another natural person;
5. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
6. processing is necessary for the purposes of the legitimate interests of the controller or of a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, in particular where the data subject is a child.

Information on the collection of personal data

(1) In the following, we inform you about the collection of personal data when using our website. Personal data are e.g. name, address, e-mail addresses, user behaviour.

(2) If you contact us by e-mail or via a contact form, the data you provide (your e-mail address, name and telephone number, if applicable) will be stored by us in order to answer your questions. We delete the data accruing in this context after the storage is no longer necessary or the processing is restricted if there are legal retention obligations.

Collection of personal data when visiting our website

In the case of purely informational use of the website, i.e. if you do not register or otherwise transmit information to us, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure its stability and security (legal basis is Art. 6 para. 1 p. 1 lit. f DSGVO):

• IP address
• Date and time of the request
• Time zone difference from Greenwich Mean Time (GMT)
• Content of the request (concrete page)
• Access Status/HTTP Status Code
• Data volume transferred in each case
• Website from which the request comes
• Browser
• Operating system and its interface
• Language and version of the browser software

Use of cookies

(1) In addition to the data mentioned above, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive in relation to the browser you are using and which provide the party setting the cookie with certain information. Cookies cannot execute programs or transfer viruses to your computer. They serve to make the internet offer more user-friendly and effective overall.

(2) This website uses the following types of cookies, the scope and functionality of which are explained below:

• Transient cookies (for this a.)
• Persistent cookies (b.)

a. Transient cookies are automatically deleted when you close the browser. These include, in particular, session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the joint session. This means that your computer can be recognised when you return to our website. The session cookies are deleted when you log out or close the browser.

b. Persistent cookies are automatically deleted after a predefined period of time, which may differ depending on the cookie. You can delete the cookies at any time in the security settings of your browser.

c. You can configure your browser settings according to your preferences and, for example, refuse to accept third-party cookies or all cookies. So-called "third party cookies" are cookies that have been set by a third party, consequently not by the actual website you are currently visiting. We would like to point out that by deactivating cookies, you may not be able to use all the functions of this website.

d. We use cookies to identify you for subsequent visits if you have an account with us. Otherwise you would have to log in again for each visit.

Other functions and offers on our website

(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. For this purpose, you usually have to provide further personal data which we use to provide the respective service and for which the aforementioned data processing principles apply.

(2) In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly monitored.

(3) Furthermore, we may pass on your personal data to third parties if we offer promotions, competitions, contracts or similar services together with partners. You will receive more information on this when you provide your personal data or below in the description of the offer.

(4) Insofar as our service providers or partners have their registered office in a state outside the European Economic Area (EEA), we will inform you of the consequences of this circumstance in the description of the offer.

Children

Our offer is basically aimed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.

Rights of the data subject

(1) Revocation of consent
If the processing of personal data is based on consent given, you have the right to revoke your consent at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation. You can contact us at any time to exercise your right of revocation.

(2) Right to confirmation
You have the right to request confirmation from the controller as to whether we are processing personal data relating to you. You can request confirmation at any time using the contact details above.

(3) Right to information
If personal data are processed, you can request information about these personal data and about the following information at any time:

1. the purposes of processing;
2. the categories of personal data that are processed;
3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations;
4. if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
5. the existence of a right to rectify or erase the personal data concerning you or to have the processing restricted by the controller or to object to such processing;
6. the existence of a right of appeal to a supervisory authority;
7. if the personal data are not collected from the data subject, any available information on the origin of the data;
8. the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

If personal data are transferred to a third country or to an international organisation, you have the right to be informed about the appropriate safeguards pursuant to Article 46 GDPR in connection with the transfer. We will provide a copy of the personal data that is the subject of the processing. For any further copies you request person, we may charge a reasonable fee based on the administrative costs. If you make the request electronically, the information shall be provided in a commonly used electronic format, unless it indicates otherwise. The right to receive a copy under paragraph 3 must not affect the rights and freedoms of other persons.

(4) Right of rectification
You have the right to request that we correct any inaccurate personal data relating to you without undue delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data, including by means of a supplementary declaration.

(5) Right to erasure ("right to be forgotten")
You have the right to request the controller to delete personal data concerning you without delay and we are obliged to delete personal data without delay if one of the following reasons applies:

1. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
2. The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR and there is no other legal basis for the processing.
3. The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
4. The personal data were processed unlawfully.
5. The deletion of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
6. The personal data have been collected in relation to information society services offered in accordance with Article 8(1) of the GDPR.

If the controller has made the personal data public and is obliged to erase it pursuant to paragraph 1, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that a data subject has requested that they erase all links to, or copies or replications of, that personal data.

The right to erasure ("right to be forgotten") does not exist insofar as the processing is necessary:

• to exercise the right to freedom of expression and information;
• for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
• for reasons of public interest in the field of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
• for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, where the right referred to in paragraph 1 is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or
• for the assertion, exercise or defence of legal claims

(6) Right to restriction of processing
You have the right to request us to restrict the processing of your personal data 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,
• die Verarbeitung unrechtmässig ist und die betroffene Person die Löschung der personenbezogenen Daten ablehnt und stattdessen die Einschränkung der Nutzung der personenbezogenen Daten verlangt;
• the controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the establishment, exercise or defence of legal claims, or
• the data subject has objected to the processing pursuant to Article 21(1) of the GDPR, as long as it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted in accordance with the above conditions, such personal data shall - apart from being stored - only be processed with the consent of the data subject or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or of a Member State.

To exercise the right to restrict processing, the data subject may contact us at any time using the contact details provided above.

(7) Right to data portability
You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format, and you have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that:

1. the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) of the GDPR; and
2. the processing is carried out with the aid of automated procedures.

When exercising the right to data portability pursuant to paragraph 1, you have the right to have the personal data transferred directly from one controller to another controller to the extent that this is technically feasible. The exercise of the right to data portability is without prejudice to the right to erasure ("right to be forgotten"). This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

(8) Right of objection
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. The controller shall no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

If personal data 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. If you object to the processing for direct marketing purposes, the personal data will no longer be processed for these purposes.

In the context of the use of information society services, notwithstanding Directive 2002/58/EC, you may exercise your right to object by means of automated procedures using technical specifications.

You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1), unless the processing is necessary for the performance of a task carried out in the public interest.

You can exercise the right to object at any time by contacting the respective person responsible.

(9) Automated decisions in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:

1. is necessary for the conclusion or performance of a contract between the data subject and the controller,
2. is authorised by Union or Member State legislation to which the controller is subject and that legislation contains adequate measures to safeguard the rights and freedoms and legitimate interests of the data subject; or
3. takes place with the express consent of the data subject.

The controller shall take reasonable steps to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which include at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

The data subject may exercise this right at any time by contacting the respective data controller.

(10) Right to complain to a supervisory authority
They shall also have the right, without prejudice to any other administrative or judicial remedy, to lodge a complaint with a supervisory authority, in particular in the Member State of their residence, place of work or place of the alleged infringement, if the data subject considers that the processing of personal data relating to them infringes this Regulation.

(11) Right to an effective judicial remedy
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, they shall have the right to an effective judicial remedy if they consider that their rights under this Regulation have been infringed as a result of the processing of their personal data not in compliance with this Regulation.

Processor

We use external service providers (order processors), e.g. for the dispatch of goods, newsletters or payment processing. A separate order data processing agreement has been concluded with the service provider to ensure the protection of your personal data. We work together with the following service providers:

• Green Datacenter AG / green.ch AG