Privacy Policy

The responsible body within the meaning of the data protection laws, in particular the EU data protection basic regulation (DSGVO), is

Artworth.ch
Thomas Moser
Unterer Kanalweg 11
3252 Worben
Phone: +41799546848
e-mail: brothers@artworth.ch
WebSite: https://artworth.ch/

 

General note

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Swiss Confederation (Data Protection Act, DSG), every person is entitled to protection of his or her privacy and 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 according to the legal data protection regulations as well as 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 forgery.

We would like to point out that data transmission over the Internet (e.g. communication by e-mail) may have security gaps. A complete protection of data against access by third parties is not possible.

By using this website, you agree to the collection, processing and use of data in accordance with the following description. This website can be visited without registration. Data such as pages called up or the name of the file called up, date and time are stored on the server for statistical purposes without these 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 an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, irrespective 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 – insofar and to the extent that the EU DSGVO is applicable – in accordance with the following legal principles in connection with Art. 6 Para. 1 DSGVO:

– lit. a) Processing of personal data with the consent of the person concerned.
– lit. b) Processing of personal data for the purpose of fulfilling a contract with the data subject and for carrying out appropriate pre-contractual measures.
– lit. c) Processing of personal data for the fulfilment of a legal obligation to which we are subject under any applicable law of the EU or under any applicable law of a country in which the DSGVO is applicable in whole or in part.
– lit. d) Processing of personal data to protect vital interests of the data subject or of another natural person.
– lit. f) Processing of personal data to safeguard the legitimate interests of us or of third parties, except where such interests are overridden by the fundamental freedoms and rights and interests of the data subject. Legitimate interests are in particular our commercial 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 as long as is necessary 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 relating to the user on the user’s terminal device while he or she 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 analyse the behaviour of page use, but also to make our offer more customer-friendly. Cookies remain stored at the end of a browser session and can be retrieved when the user revisits the site. If you do not wish this to happen, 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 many of the services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that in this case not all functions of this online offer can be used.

 

Privacy policy for SSL/TLS encryption

This website uses SSL/TLS encryption for reasons of security and to protect the transmission of confidential content, such as the requests you send to us as the site operator. You can recognise an encrypted connection by the fact that the address line of your browser changes from “http://” to “https://” and by the lock symbol in your browser line.

If the SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.

 

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 sends to us. These are:

– Browser type and browser version
– Operating system used
– Referrer URL
– Host name of the accessing computer
– Time of the server request

These data cannot be assigned to specific persons. A consolidation of this data with other data sources is not carried out. We reserve the right to check this data subsequently if we become aware of concrete indications of illegal use.

 

Privacy policy for contact form

If you send us enquiries via the contact form, your details from the enquiry form, including the contact data you provide there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We will not pass on this data without your consent.

 

Privacy policy 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 will not be collected. We use these data exclusively for sending the requested information and do not pass them on to third parties.

You can revoke your consent to the storage of the data, the e-mail address as well as its use for sending the newsletter at any time, for example by using the “unsubscribe link” in the newsletter.

 

Privacy policy for comment function on this website

For the comment function on this website, in addition to your comment, information on the time of the creation of the comment, your e-mail address and, if you are not posting anonymously, the user name you have chosen will be saved.

 

Storage of the IP address

Our comment function stores the IP addresses of users who post comments. Since we do not check comments on our site before they are activated, we need this data to be able to take action against the author in case of legal violations such as insults or propaganda.

 

Subscribe to comments

As a user of the site, you can subscribe to comments after logging in. You will receive a confirmation email to verify that you are the owner of the email address you entered. You can unsubscribe from this function at any time via a link in the info mails.

 

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 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 sentence 1 lit. f DS-GVO. The IP address transmitted by your browser in the context 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();” in order to ensure anonymous recording of IP addresses. As a result, IP addresses are processed in a shortened form, so that a personal reference can be excluded. If the data collected about you contains a personal reference, this is immediately excluded and the personal data is therefore deleted immediately.

Only in exceptional cases is the full IP address transferred 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. For the exceptional cases in which personal data is transferred to the USA, Google has subjected itself 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: deactivate Google Analytics.

You can also prevent the use of Google Analytics by clicking on this link: Deactivate Google Analytics. This will cause a so-called opt-out cookie to be stored 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, which means that 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.

 

Privacy policy for the use of Google Web Fonts

This website uses so-called web fonts, which are 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 standard font from your computer will be used.

For more information about Google Web Fonts, please visit https://developers.google.com/fonts/faq and read Google’s privacy policy: https://www.google.com/policies/privacy/

 

Privacy policy for the use of Hotjar

This website uses the services of Hotjar to improve the user experience. Hotjar Ltd Hotjar Ltd is a European company with its registered office in Malta (Hotjar Ltd, Level 2, St Julians Business Centre, 3, Elia Zammit Street, St Julians STJ 1000, Malta, Europe). Mouse clicks and mouse and scroll movements can be recorded. Keystrokes made on this website can also be recorded. Personalised information is not recorded. Hotjar uses a tracking code to collect and transmit your data. When you visit our website, the Hotjar tracking code automatically collects data based on your activity and stores it on the Hotjar servers (located in Ireland). In addition, cookies placed on your computer or terminal device by the website also collect data. For more information about how Hotjar works, please visit this page: https://www.hotjar.com/privacy.

If you wish to opt-out of Hotjar’s collection of this information, please click here: https://www.hotjar.com/opt-out.

 

Privacy policy for Facebook

This website uses features of Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA . When you access our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. Data is already being transferred to Facebook in the process. If you have a Facebook account, this data can be linked to it. If you do not want this data to be linked to your Facebook account, please log out of Facebook before visiting our site. Interactions, in particular the use of 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 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 in to your Instagram account, you can link the contents of our pages to your Instagram profile by clicking the Instagram button. This allows Instagram to associate your visit to our sites with your 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 refer to Instagram’s privacy policy: http://instagram.com/about/legal/privacy/.

 

Privacy policy for LinkedIn

This website uses features of the LinkedIn network. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Each time you access one of our pages that contains LinkedIn features, a connection to LinkedIn’s servers is established. LinkedIn will be notified that you have visited our sites using your IP address. If you click on LinkedIn’s “Recommend Button” and are logged into your LinkedIn account, LinkedIn is able to track your visit to our site to you and your 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 refer to the LinkedIn privacy policy at: https://www.linkedin.com/legal/privacy-policy.

 

External payment service providers

This website uses external payment service providers through whose platforms the users and we can make payment transactions. For example via

– PostFinance (https://www.postfinance.ch/de/detail/rechtliches-barrierefreiheit.html)
– Visa (https://www.visa.de/nutzungsbedingungen/visa-privacy-center.html)
– Mastercard (https://www.mastercard.ch/de-ch/datenschutz.html)
– American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html)
– Apple Pay (https://support.apple.com/de-ch/ht203027)
– Stripe (https://stripe.com/ch/privacy)

Within the framework of the performance of contracts, we appoint payment service providers on the basis of the Swiss Data Protection Ordinance and, where necessary, Art. 6 para. 1 lit. b. EU-DSGVO. Furthermore, we use external payment service providers on the basis of our legitimate interests in accordance with the Swiss Data Protection Ordinance and, where necessary, Art. 6 para. 1 lit. f. EU-DSGVO in order to offer our users effective and secure payment options.

The data processed by the payment service providers include inventory data, such as name and address, bank data, such as account or credit card numbers, passwords, TANs and checksums, as well as contract, sum and recipient related data. These details are required to carry out the transactions. However, the data entered is only processed by the payment service providers and stored by them. We as the operator do not receive any information about (bank) account or credit card, but only information to confirm (accept) or reject the payment. Under certain circumstances, the payment service providers may transfer the data to credit agencies. The purpose of this transmission is to check identity and creditworthiness. In this regard we refer to the general terms and conditions and data protection information of the payment service providers.

The terms and conditions and data protection information of the respective payment service providers, which can be accessed within the respective website or transaction applications, apply to the payment transactions. We also refer to them for further information and the assertion of rights of revocation, information and other rights of affected persons.

 

Newsletter – Mailchimp

The newsletters are sent via the mailing service provider ‘MailChimp’, a newsletter mailing platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the data protection regulations of the mailing service provider here. The Rocket Science Group LLC d/b/a MailChimp is certified under the PrivacyShield Agreement and thus offers a guarantee to comply with the European data protection level (PrivacyShield). The mail order service provider is used on the basis of our legitimate interests according to art. 6 para. 1 lit. f DSGVO and an order processing contract according to art. 28 para. 3 sentence 1 DSGVO.

The mail-order service provider may use the recipient’s data in pseudonymous form, i.e. without allocation to a user, to optimise or improve its own services, e.g. for technical optimisation of the dispatch and presentation of newsletters or for statistical purposes. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.

 

Privacy policy for YouTube

On this website, functions of the “YouTube” service are integrated. “YouTube” is owned by Google Ireland Limited, a company incorporated and operated under the laws of Ireland, with registered office at Gordon House, Barrow Street, Dublin 4, Ireland, which operates the Services in the European Economic Area and Switzerland.

Its legal agreement with YouTube consists of the terms and conditions set out at the following link: https://www.youtube.com/static?gl=de&template=terms&hl=de. These Terms constitute a legally binding agreement between you and “YouTube” with respect to your use of the Services. Google’s Privacy Policy explains how “YouTube” treats your personal information and protects your privacy when you use the Service.

 

Order processing in the online shop with customer account

We process the data of our customers in accordance with the data protection regulations of the Federal Republic of Germany (Data Protection Act, DSG) and the EU-DSGVO, within the framework of the order processes in our online shop, in order to enable them to select and order the selected products and services, as well as to enable payment and delivery or execution.

The processed data includes master data (inventory data), communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing is carried out for the purpose of providing contractual services within the operation of an online shop, billing, delivery and customer services. For this purpose, we use session cookies, e.g. for storing the contents of the shopping cart, and permanent cookies, e.g. for storing the login status.

The processing is based on Art. 6 Para. 1 lit. b (execution of ordering processes) and c (legally required archiving) DSGVO. The information marked as required is required for the establishment and fulfilment of the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of the legal permits and obligations. The data is only processed in third countries if this is necessary for the fulfilment of the contract (e.g. at the request of the customer for delivery or payment).

Users can optionally create a user account, in particular by viewing their orders. Within the scope of registration, the required mandatory data will be communicated to the users. The user accounts are not public and cannot be indexed by search engines, e.g. Google. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their safekeeping is necessary for reasons of commercial or tax law in accordance with Art. 6 Para. 1 lit. c DSGVO. Data in the customer account will remain until their deletion with subsequent archiving in case of a legal obligation. It is the responsibility of the users to save their data in case of termination before the end of the contract.

Within the scope of registration and renewed logins and use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s need for protection against misuse and other unauthorized use. This data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO.

Deletion is carried out after the expiry of legal warranty and comparable obligations, the necessity of keeping the data is checked at irregular intervals. In the case of legal archiving obligations, deletion takes place after the expiry of these obligations.

 

Agency services

We process the data of our customers in accordance with the data protection regulations of the Federal Republic of Germany (Data Protection Act, DSG) and the EU-DSGVO within the scope of our contractual services.

We process inventory data (e.g., customer master data, such as names or addresses), contact data (e.g., e-mail, telephone numbers), content data (e.g., text entries, etc.), contract data (e.g., subject matter of the contract, term of the contract), payment data (e.g., bank details, payment history), usage data and metadata (e.g., in the context of the evaluation and performance measurement of marketing measures). Those affected include our customers, interested parties and their customers, users, website visitors or employees as well as third parties. The purpose of processing is to provide contractual services, billing and our customer service. The legal basis of the processing is derived from Art. 6 para. 1 letter b DSGVO (contractual services), Art. 6 para. 1 letter f DSGVO (analysis, statistics, optimisation, security measures). We process data which are necessary for the justification and fulfilment of the contractual services and point out the necessity of their disclosure. Disclosure to external parties is only made if it is necessary within the scope of a contract. When processing the data provided to us within the scope of an order, we act in accordance with the instructions of the client and the legal requirements of an order processing in accordance with Art. 28 DSGVO and do not process the data for any other purposes than those specified in the order.

We delete the data after expiry of statutory warranty and comparable obligations. The necessity of storing the data is checked at irregular intervals. In the case of legal archiving obligations, the deletion takes place after the expiry of these obligations. In the case of data that has been disclosed to us by the client within the scope of an order, we delete the data in accordance with the requirements of the order, in principle after the end of the order.

 

Note regarding data transfers to the USA (United States of America)

For the sake of completeness, we would like to point out that users based in Switzerland are subject to surveillance measures by US authorities, which generally allow the storage of all personal data from Switzerland – which has been transferred to the USA.

This is done without differentiation, restriction or exception on the basis of the objectives pursued and without any objective criterion making it possible to limit the access and subsequent use of the data by the US authorities to very specific and strictly limited purposes that can justify both access to and interference with the data. Furthermore, we would like to point out that there are no legal remedies available in the USA for Swiss data subjects that would allow them to obtain access to the data concerning them and to have them corrected or deleted, or that there is no effective legal protection against general access rights of US authorities. We explicitly draw the attention of the person concerned to this legal and factual situation in order to make an appropriately informed decision to consent to the use of their data.

We would like to point out to users residing in an EU member state that the USA does not have an adequate level of data protection from the perspective of the European Union.

 

Copyright

The copyrights 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 copyright holder may be liable to prosecution and, if necessary, damages.

 

General exclusion of liability

All information on our website has been carefully checked. We make every effort to ensure that the information we offer is up-to-date, correct 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 journalistic and editorial information. Liability claims arising from material or non-material damage caused by the use of the information provided are excluded, unless there is evidence of wilful intent or gross negligence.

The publisher may change or delete texts at his own discretion and without prior notice and is not obliged to update the contents of this website. The use or access to this website is at the visitor’s own risk. The publisher, his clients or partners are not responsible for damages, such as direct, indirect, accidental, in advance concretely to be determined or consequential damages, which are allegedly caused by visiting this website and therefore do not assume any liability for them.

The publisher also accepts no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The content of linked sites is the sole responsibility of their operators. The publisher thus expressly distances itself from all third-party content that may be relevant under criminal or liability law or that is contrary to public decency.

 

Changes

We may change this privacy policy at any time without notice. The current version published on our website applies. If the data protection declaration is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.

 

Questions to the data protection officer

If you have any questions regarding data protection, please send us an e-mail or contact the person responsible for data protection in our organization listed at the beginning of this privacy policy.

 

Biel, April 29, 2020
Source: SwissAnwalt