Data Protection

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Introduction

This Data Protection & Privacy Policy explains the nature, scope and purpose of the collection and use of personal data on our website www.lawconsult.ch (hereinafter “website”) by LAWCONSULT AG (hereinafter “we” or “us”) and provides information about the rights to which you are entitled. These rights are governed by the applicable data protection laws.

Art. 1: Scope of application

1.1 The website is generally subject to Swiss data protection law, in particular the fully revised Federal Act on Data Protection (DSG) of September 1, 2023 and any applicable foreign data protection law, such as the European General Data Protection Regulation 2016/679 (GDPR) of the European Union (EU).

1.2 With its decision COM(2024) 7 final of 15 January 2024, the EU recognizes that Swiss data protection law ensures adequate data protection and is therefore considered equivalent to the GDPR.

1.3 The privacy settings displayed when you first visit the website enable you to call up general information, find out about essential cookies (see Art. 4: Cookies), activate or deactivate Google Analytics (see Art. 5.7: Google Analytics) and go directly to the corresponding Data Protection & Privacy Policy.

Art. 2: Processing of personal data

2.1 Personal data means any information relating to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, deletion, storage, modification, destruction and use of personal data. We adhere to the principles of processing personal data in accordance with Art. 6 DSG at all times.

2.2 We process personal data in accordance with Swiss data protection law. In all other respects, we process personal data in accordance with the legal bases pursuant to Art. 6 GDPR, insofar as the GDPR is applicable.

2.3 We process personal data for the duration required for the respective purpose or purposes. In the case of longer-term retention obligations due to legal and other obligations to which we are subject, we restrict processing accordingly.

Art. 3: Integration of contact form

3.1 A contact form can be filled out on the website. We store the information that visitors to our website enter themselves. In addition, the IP address, time and date are communicated to us by the hosting provider to combat misuse, in particular identity theft and spam.

3.2 By entering the personal data and pressing the relevant button with the send function, you declare your consent to the processing of the data that is directly or indirectly necessary for answering the contact request. You also confirm that you have read and accepted this Data Protection & Privacy Policy. You can revoke this consent at any time with effect for the future by contacting us using the contact details below.

Art. 4: Cookies

4.1 We use cookies on our website. Cookies are small files that are stored on your end device and saved by your browser. Some of the cookies we use are automatically deleted when you leave our website. Other cookies remain stored on your device until you delete them or until they expire. These cookies make it possible to recognize your browser the next time you visit our website.

4.2 You can set your browser so that you are informed in advance about the setting of cookies and can decide in individual cases whether you want to exclude the acceptance of cookies for certain cases or in general, or that cookies are completely prevented. This may limit the functionality of the website.

Art. 5: Integration of third-party services

5.1 We use various third-party services on our website. Below we explain in detail which services are involved, what we use them for and what data is collected. If personal data is transferred abroad, your consent is given in accordance with Art. 17 DSG by accepting the corresponding request on the website (see Art. 4: Cookies). Your acceptance is stored in the background (browser) until you actively revoke this consent by deleting the default setting.

5.2 The website is hosted by domainfactory GmBH in Ismaning (Germany). When you access and use our website, domainfactory collects personal data that your browser automatically transmits to the hosting server. This information is temporarily stored in a so-called log file. When you use our website, domainfactory collects the following data, which is technically required to display the website and to ensure stability and security: a) IP address of the requesting computer, b) date and time of access, c) name and URL of the file accessed, d) website from which access is made (referrer URL) and e) browser used and, if applicable, the operating system of your computer, as well as the name of your access provider. We cannot assume any responsibility for the confidential handling of your data by domainfactory, as we have no influence on this company’s compliance with data protection regulations. Please inquire directly with domainfactory about the handling of your personal data, please consult the data protection declaration of domainfactory GmbH.

5.3 Our website includes functions of the web-based social network LinkedIn for maintaining existing business contacts and making new business connections. These functions are offered by LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. For information on the handling of your personal data, please refer directly to LinkedIn’s privacy policy.

5.4 Functions of the instant messaging service Skype, a division of Microsoft Corporation, are integrated on our website. These functions are offered by Skype Communications SARL, 23-29 Rives de Clausen, L-2165 Luxembourg. Please enquire directly with Microsoft about the handling of your personal data and consult the corresponding data protection declaration.

5.5 Functions of the instant messaging service Telegram are integrated on our website. These functions are offered by Telegram Messenger LLP, 71-75 Shelton Street, Covent Garden, London, United Kingdom. For information on the handling of your personal data, please refer directly to Telegram’s privacy policy.

5.6 Functions of the video portal YouTube LLC, a division of Google LLC, are integrated on our website. These functions are offered by YouTube LLC, 901 Cherry Avenue, San Bruno, CA 94066, USA. For information on the handling of your personal data, please refer directly to YouTube’s privacy policy.

5.7 This website also uses the web analysis service Google Analytics. The operating company of Google Analytics is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351 (USA). Google Analytics uses cookies, which are text files placed on your computer, to help the website analyze how users use the site. 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. We would like to point out that Google Analytics has been extended to include IP anonymization on this website in order to ensure anonymous collection of IP addresses (so-called IP masking). IP anonymization on this website means that your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. 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 Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at the following link. For more information on terms of use and data protection, please refer to the terms of use for Google Analytics or Google’s privacy policy.

Art. 6: Hyperlinks

6.1 The website contains so-called hyperlinks to websites of other providers. A linked website is part of an independent website with its own URL address. Each website can thus be accessed via this address from a web browser. When these hyperlinks are activated, you are forwarded directly from our website to the website of the other provider. You can recognize this by the change of URL, among other things.

6.2 We cannot accept any responsibility for the confidential handling of your data on these third-party websites, as we have no influence on whether these companies comply with data protection regulations. Please refer directly to the websites of these companies for information on how they handle your personal data.

Art. 7: Rights of data subjects

7.1 To the extent provided for by the data protection law applicable to you, you may request information free of charge about the data stored relating to you, its origin and recipients and the purpose of the data processing. You also have the right to rectification, erasure, restriction of or objection to processing and to the disclosure of this data for transfer to another body, subject to the statutory requirements.

7.2 Visitors to the website and other persons about whom we process personal data can request confirmation free of charge as to whether personal data is processed by us and, if so, information about our processing of their personal data, have the processing of their personal data restricted, exercise their right to data portability, have their personal data rectified, erased (“right to be forgotten”) or blocked, revoke any consent given and object to the processing of their personal data.

7.3 Persons about whom we process personal data have the right to lodge a complaint with a competent supervisory authority for data protection. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (EDÖB).

Art. 8: Data security and security measures

8.1 We undertake to protect your privacy and to treat your personal data confidentially. In order to prevent manipulation, loss or misuse of your data stored by us, we take extensive technical and organizational security precautions, which are regularly reviewed and adapted to technological progress. These include the use of recognized encryption methods (SSL or TLS). However, we would like to point out that due to the structure of the Internet, it is possible that the rules of data protection and the above-mentioned security measures may not be observed by other persons or institutions outside our area of responsibility. In particular, unencrypted data – for example when sent by e-mail – can be read by third parties. We have no technical influence over this. It is the responsibility of the user to protect the data provided by him/her against misuse through encryption or in any other way.

8.2 Access to this website is also subject to general, random, indiscriminate and suspicionless mass surveillance by security authorities in Switzerland, the EU, the USA and other countries, as is any use of the internet. We have no direct influence on the corresponding processing of personal data by secret services, police forces and other security authorities.

Art. 9: Controller for data processing and information

9.1 Enquiries from supervisory authorities and data subjects generally reach us by email, but can also be sent by post:

LAWCONSULT AG
Neuhofstrasse 12
6340 Baar
datenschutz@lawconsult.ch

9.2 The company named in Section 10.1 is responsible for data processing.

Art. 10 Topicality and status of this Data Protection & Privacy Policy

10.1 As changes to Swiss or European law or changes to our processes may make it necessary to amend this Data Protection & Privacy Policy at any time, we ask you to consult this Data Protection & Privacy Policy regularly. This Data Protection & Privacy Policy can be accessed, saved and printed at any time. The current Data Protection & Privacy Policy can be accessed via the following link.

10.2 If any provision of this Data Protection & Privacy Policy is held by a competent court or authority to be invalid, illegal or unenforceable under any applicable law, that provision shall be deemed not to form part of this Data Protection & Privacy Policy. However, this shall not affect the validity, legality and enforceability of the remaining provisions of this Data Protection & Privacy Policy under the law of the relevant country or any other country.

10.3 This Data Protection & Privacy Policy was created on January 22, 2024, has the version number 5 and comes into force immediately.

Last updated 10.06.2024