Privacy policy

Version: 01.09.2023

We are very pleased about your interest in our company. The use of our website is possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and if there is no legal basis for such processing, we will generally obtain the consent of the data subject. The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation, and in accordance with the country-specific data protection regulations applicable to us. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, by means of this data protection declaration, data subjects are informed about the rights to which they are entitled. As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always have security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

Definitions

The data protection declaration is based on the terms used by the Swiss Directives and Ordinances when enacting the Data Protection Act (DSG) and the Data Protection Ordinance (DSV). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance. We use the following terms, among others, in this data protection declaration:

a) Personal data

Personal data is 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.

b) Data subject

Data subject means any identified or identifiable natural person whose personal data are processed by the controller.

c) 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, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing

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

e) Profiling

Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person’s job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.

f) Pseudonymization

Pseudonymization is 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 separate and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

(g) Controller or data controller

The controller or person responsible for processing is 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. Where the purposes and means of such processing are determined by Swiss law, the controller or the specific criteria for its designation may be provided for under Swiss law.

h) Processor

A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient

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, authorities that may receive Personal Data in the context of a specific investigative mandate under Swiss law shall not be considered as recipients.

j)      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.

k) Consent

Consent shall mean any freely given specific and informed indication of the data subject’s 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.

Name and address of the controller

The controller within the meaning of the Swiss Directives and Ordinances when enacting the Data Protection Act (DSG) and the Data Protection Ordinance (DSV) and other provisions of a data protection nature is: GlobalBroker Group AG Mainaustrasse 12 8008 Zürich Schweiz +41 44 387 18 18 E-Mail: groupoffice@globalbroker.ch

Cookies / SessionStorage / LocalStorage

Some of the Internet pages use so-called cookies, LocalStorage and SessionStorage. This serves to make our offer more user-friendly, effective and secure. Local Storage and SessionStorage is a technology with which your browser stores data on your computer or mobile device. Cookies are text files that are stored on a computer system via an internet browser. You can prevent the use of cookies, LocalStorage and SessionStorage by making the appropriate settings in your browser. Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID. Through the use of cookies, the users of this website can provide more user-friendly services that would not be possible without the cookie setting. By means of a cookie, the information and offers on our website can be optimised for the benefit of the user. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his or her access data each time he or she visits the website, because this is done by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping basket in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket via a cookie. The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programmes. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

Collection of general data and information

The website collects a series of general data and information each time a data subject or automated system accesses the website. This general data and information is stored in the server’s log files. The following data may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our website, (5) the date and time of an access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems. When using these general data and information, we do not draw any conclusions about the data subject. This information is rather required in order to (1) correctly deliver the contents of our website, (2) optimise the contents of our website as well as the advertising for these, (3) ensure the permanent operability of our information technology systems and the technology of our website as well as (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, the anonymously collected data and information is, on the one hand, statistically evaluated by us and, on the other hand, it is evaluated with the aim of increasing the data protection and data security of our enterprise so that ultimately an optimal level of protection is ensured for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.

Registration on our website

The data subject has the possibility to register on the website of the controller by providing personal data. Which personal data are transmitted to the controller in the process is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the data to be transferred to one or more processors, for example a parcel service provider, who will also use the personal data exclusively for an internal use attributable to the controller. By registering on the website of the controller, the IP address assigned by the internet service provider (ISP) of the data subject, the date as well as the time of registration are also stored. The storage of this data takes place against the background that only in this way can the misuse of our services be prevented and, if necessary, this data makes it possible to clarify criminal offences that have been committed. In this respect, the storage of this data is necessary for the protection of the data controller. As a matter of principle, this data is not passed on to third parties unless there is a legal obligation to pass it on or the passing on serves the purpose of criminal prosecution. The registration of the data subject by voluntarily providing personal data serves the purpose of the controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have them completely deleted from the controller’s database. The controller shall provide any data subject at any time, upon request, with information on which personal data relating to the data subject are stored. Furthermore, the controller shall correct or delete personal data at the request or indication of the data subject, provided that this does not conflict with any statutory retention obligations. All employees of the controller are available as contact persons for the data subject in this context.

Newsletter

For our newsletter service, we use the newsletter service “Swiss Newsletter” of mailXpert GmbH, Schulstrasse 37, 8050 Zurich.The e-mail address used for sending the newsletter is provided as part of a commissioning relationship. We store and use your e-mail address for sending our newsletter with information and advertising about us until you have unsubscribed from our newsletter. The e-mail address is stored permanently by the newsletter service until you have unsubscribed from receiving the newsletter or it is deleted by us. The newsletter service stores the date of subscription.The newsletter service is a 100% Swiss developed, hosted and managed email marketing software. Your data remains stored in Switzerland and we are subject to the Swiss Data Protection Act. Your e-mail address will not be passed on to third parties in any other way.You can unsubscribe from our newsletter at any time. An unsubscribe link is included in every e-mail containing our newsletter. You can also withdraw your consent to the use of your e-mail address at any time in the future. To do so, please use the contact options provided at the bottom of the newsletter.

Contact options via the website

Due to legal regulations, the website contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or by using a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. No disclosure of such personal data to third parties will take place.

Routine erasure and blocking of personal data

The controller processes and stores personal data of the data subject only for the period of time necessary to achieve the purpose of storage or where provided for by the Swiss legislator or other legislator in laws or regulations to which the controller is subject. If the storage purpose ceases to apply or if a storage period prescribed by the Swiss legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

Rights of the data subject

a) Right to confirmation

Every data subject has the right, granted by the Swiss legislator, to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the controller.

b) Right of access

Any person concerned by the processing of personal data has the right, granted by the Swiss legislator, to obtain at any time from the controller, free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the Swiss legislator has granted the data subject access to the following information:

• the purposes of the processing
• the categories of personal data processed
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
• if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
• the existence of the right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or the right to object to such processing
• the existence of a right of appeal to a supervisory authority
• if the personal data are not collected from the data subject: Any available information on the origin of the data
• the existence of automated decision-making, including profiling, and, at least in such cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in relation to the transfer. If a data subject wishes to exercise this right of access, he or she may contact an employee of the controller at any time.

c) Right of rectification

Every person affected by the processing of personal data has the right granted by the Swiss legislator to demand the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing. If a data subject wishes to exercise this right of rectification, he or she may, at any time, contact any employee of the controller.

d) Right to erasure (right to be forgotten)

Any person concerned by the processing of personal data has the right, granted by the Swiss legislator, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:

• The personal data were collected or otherwise processed for such purposes for which they are no longer necessary.
• The data subject withdraws the consent on which the processing was based and there is no other legal basis for the processing.
• The data subject objects to the processing and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing.
• The personal data have been processed unlawfully.
• The erasure of the personal data is necessary for compliance with a legal obligation under Swiss law to which the controller is subject.
• The personal data have been collected in relation to information society services offered.

If one of the aforementioned reasons applies, and a data subject wishes to arrange for the erasure of personal data stored, he or she may, at any time, contact any employee of the controller. The employee will arrange for the deletion request to be complied with immediately. If the personal data have been made public and our company as the controller is obliged to erase the personal data, we shall implement reasonable measures, including technical measures, taking into account the available technology and the cost of implementation, in order to inform other data controllers which process the published personal data that the data subject has requested from those other data controllers to erase all links to or copies or replications of the personal data, unless the processing is necessary. The employee will arrange the necessary in individual cases.

e) Right to restriction of processing

Any person concerned by the processing of personal data has the right, granted by the Swiss legislator of directives and regulations, to obtain from the controller the restriction of 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 objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
• The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defense of legal claims.
• The data subject has objected to the processing and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored, he or she may, at any time, contact any employee of the controller. The employee will arrange the restriction of the processing.

f) Right to data portability

Any person affected by the processing of personal data has the right, granted by the Swiss legislator for directives and regulations, to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit those data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent or on a contract and that the processing is carried out by automated means, unless the 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. Furthermore, when exercising the right to data portability, the data subject shall have the right to obtain that the personal data be transferred directly from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals. In order to assert the right to data portability, the data subject may contact us at any time.

g) Right to object

Any person affected by the processing of personal data has the right granted by the Swiss legislator of directives and regulations to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) of the DS-GVO. This also applies to profiling based on these provisions. We shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims. If we process personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to the processing for direct marketing purposes, we will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her for scientific or historical research purposes, or for statistical purposes, unless such processing is necessary for the performance of a task carried out in the public interest. In order to exercise the right to object, the data subject may directly contact any employee. The data subject shall also be free to exercise his/her right to object by means of automated procedures using technical specifications in the context of the use of information society services [notwithstanding Directive 2002/58/EC].

h) Automated decisions in individual cases, including profiling.

Any data subject concerned by the processing of personal data shall have the right, granted by the Swiss legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorised by Swiss legislation to which the controller is subject and that such legislation contains suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is made with the data subject’s explicit consent. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) it is made with the data subject’s explicit consent, we shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain the data subject’s involvement, to express his or her point of view and to contest the decision. If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.

i) Right to withdraw consent under data protection law

Any person concerned by the processing of personal data has the right, granted by the Swiss legislator, to withdraw consent to the processing of personal data at any time. If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of the controller.

Legal basis of processing

[DSG and DSV] serve as the legal basis for our company for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the provision of a service or consideration, the processing shall be based on. The same applies to processing operations that are necessary for the performance of pre-contractual measures, for example in the case of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, the processing is based on this obligation. In rare cases, the processing of personal data might be necessary to protect the vital interests of the data subject or another natural person. Finally, processing operations could be based on. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they have been specifically mentioned by the Swiss legislator.

Legitimate interests in the processing pursued by the controller or a third party

Where the processing is based on personal data, our legitimate interest is the conduct of our business for the benefit of the welfare of all our employees and our shareholders.

Duration for which the personal data will be stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of the contract.

Legal or contractual regulations for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data.

We inform you that the provision of personal data is sometimes required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will explain to the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.

Existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.