Privacy Policy

With this data protection declaration, we inform you which personal data we process in connection with our activities and operations, including our website fact.ch. In particular, we provide information on what for, how and where we process personal data. We also provide information about the rights of persons whose data we (or third parties on our behalf) process. In some cases, we work together with external service providers.

For individual or additional activities and operations, further data protection declarations as well as other legal documents such as general terms and conditions (GTC), terms of use or conditions of participation may apply.

We are subject to Swiss data protection law and any applicable foreign data protection law, in particular that of the European Union (EU) with the General Data Protection Regulation (GDPR).

1.1     Terms

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, collection, deletion, storage, modification, destruction and use of personal data.

The European Economic Area (EEA) includes the member states of the European Union (EU) as well as the Principality of Liechtenstein, Iceland and Norway. The General Data Protection Regulation (GDPR) describes the processing of personal data as processing personal data.

1.2    Legal basis

We process personal data in accordance with Swiss data protection law, in particular the Federal Data Protection Act (DSG) and the Ordinance on the Federal Data Protection Act (VDSG).

We process personal data – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – in accordance with at least one of the following legal bases:

  • 6 Para. 1 lit. b GDPR for the necessary processing of personal data to fulfill a contract with the data subject and to carry out pre-contractual measures.
  • 6 para. 1 lit. f GDPR for the necessary processing of personal data in order to protect the legitimate interests of us or third parties, unless the fundamental freedoms and fundamental rights as well as the interests of the data subject outweigh this. Legitimate interests include, in particular, our interest in being able to carry out our activities and activities in a permanent, user-friendly, secure and reliable manner and to be able to communicate about them, ensuring information security, protecting against misuse, enforcing our own legal claims and complying with Swiss law.
  • 6 Para. 1 lit. c GDPR for the necessary processing of personal data to fulfill a legal obligation to which we are subject under any applicable law of member states in the European Economic Area (EEA).
  • 6 para. 1 lit. e GDPR for the necessary processing of personal data to carry out a task that is in the public interest.
  • 6 paragraph 1 lit. a GDPR for the processing of personal data with the consent of the person concerned.
  • 6 Paragraph 1 lit. d GDPR for the necessary processing of personal data in order to protect the vital interests of the data subject or another natural person.

We process the personal data that is necessary to be able to carry out our activities and activities in a permanent, user-friendly, secure and reliable manner. Such personal data may in particular fall into the categories of inventory and contact data, browser and device data, content data, meta or edge data and usage data, location data, sales data and contract and payment data.

We process personal data for the period that is necessary for the respective purpose(s) or by law. Personal data that no longer needs to be processed will be anonymized or deleted.

We may have personal data processed by third parties. We may process personal data together with third parties or transfer it to third parties. Such third parties are, in particular, specialized providers whose services we use. We also guarantee data protection for such third parties.

We only process personal data with the consent of the person concerned, unless the processing is permitted for other legal reasons. Processing without consent may, for example, be permissible to fulfill a contract with the data subject and for appropriate pre-contractual measures to protect our overriding legitimate interests because the processing is obvious from the circumstances or after prior information.

In this context, we process information that a data subject voluntarily sends to us when contacting us – for example by post, email, instant messaging, contact form, social media or telephone – or when registering for a user account. We may store such information, for example, in an address book, in a customer relationship management system (CRM system) or using comparable tools. If we receive data about other people, the people providing the data are obliged to ensure data protection for these people and to ensure the accuracy of this personal data.

We also process personal data that we receive from third parties, obtain from publicly available sources or collect in the exercise of our activities and activities, if and to the extent that such processing is permitted for legal reasons.

We generally process personal data in Switzerland and the European Economic Area (EEA). However, we can also export or transfer personal data to other countries, in particular in order to process it or have it processed there.

We may export personal data to all states and territories on earth and elsewhere in the universe, provided that the law there, in the opinion of the Federal Data Protection and Information Commissioner (FDPIC) or in accordance with a decision of the Swiss Federal Council, provides adequate data protection and – if and to the extent that the General Data Protection Regulation applies (GDPR) is applicable – appropriate data protection is guaranteed in accordance with the decision of the European Commission.

We may transfer personal data to countries whose laws do not guarantee adequate data protection, provided that data protection is guaranteed for other reasons, in particular on the basis of standard data protection clauses or with other appropriate guarantees. As an exception, we can export personal data to countries without adequate or suitable data protection if the special data protection requirements are met, for example the express consent of the data subjects or a direct connection with the conclusion or execution of a contract. Upon request, we will be happy to provide affected persons with information about any guarantees or provide a copy of any guarantees.

Data subjects about whom we process personal data have the rights under Swiss data protection law. This includes the right to information and the right to correct, delete or block the processed personal data.

Affected persons whose personal data we process can – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – request confirmation free of charge as to whether we are processing personal data relating to them. In this case, data subjects can request information about the processing of their personal data, have the processing of their personal data restricted, exercise their right to data portability and have their personal data corrected, deleted (“right to be forgotten”), blocked or completed.

Affected persons whose personal data we process can – if and to the extent that the GDPR is applicable – revoke their consent at any time with future effect and object to the processing of their personal data at any time.

Affected persons about whom we process personal data have the right to lodge a complaint with a responsible supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

We take appropriate technical and organizational measures to ensure data security that is appropriate to the respective risk. However, we cannot guarantee absolute data security.

Our website is accessed using transport encryption (SSL/TLS, in particular the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers mark transport encryption with a padlock in the address bar.
Our digital communication is – like basically all digital communication – subject to mass surveillance without cause or suspicion as well as other monitoring by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We cannot have any direct influence on the appropriate processing of personal data by secret services, police departments and other security authorities.

6.1    Cookies

We may use cookies. Cookies – our own cookies (first-party cookies) and cookies from third parties whose services we use (third-party cookies) – are data that are stored in the browser. Such stored data need not be limited to traditional text-based cookies.

Cookies can be stored in the browser temporarily as “session cookies” or for a certain period of time as so-called permanent cookies. “Session cookies” are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. In particular, cookies make it possible to recognize a browser the next time you visit our website and thereby, for example, measure the reach of our website. Permanent cookies can also be used for online marketing, for example.

Cookies can be completely or partially deactivated and deleted in the browser settings at any time. Without cookies, our website may no longer be fully available. We actively request – at least if and to the extent necessary – your express consent to the use of cookies.

For cookies that are used to measure success and reach or for advertising, a general objection (“opt-out”) is required for numerous services via AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

6.2     Server log files

We may collect the following information for each access to our website, provided that it is transmitted by your browser to our server infrastructure or can be determined by our web server: date and time including time zone, Internet Protocol (IP) address, access status (HTTP Status code), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including amount of data transferred, last website accessed in the same browser window (referrer).

We store such information, which can also represent personal data, in server log files. The information is necessary in order to provide our website permanently, in a user-friendly and reliable manner, and in order to ensure data security and therefore in particular the protection of personal data – also by third parties or with the help of third parties.

6.3     Tracking pixels

We may use tracking pixels (also tracking pixels, IVW pixels, pixel tags, 1×1 pixels or web beacons) on our website. Tracking pixels – including those from third parties whose services we use – are small, usually invisible images that are automatically retrieved when you visit our website. Tracking pixels can be used to record the same information as in server log files.

We send notifications and communications via email and other communication channels such as instant messaging or SMS.

7.1     Success and reach measurement

Notifications and messages may contain web links or web beacons that record whether an individual message was opened and which web links were clicked. Such web links and web beacons can also record the use of notifications and messages on a personal basis. We need this statistical recording of usage to measure success and reach in order to be able to send notifications and messages based on the needs and reading habits of the recipients effectively and user-friendly as well as permanently, securely and reliably.

7.2     Consent and objection

In principle, you must expressly consent to the use of your email address and your other contact addresses, unless the use is permitted for other legal reasons. If possible, we use the “double opt-in” procedure to obtain consent, which means that you will receive an email with a web link that you must click on to confirm so that there is no misuse by unauthorized third parties. We may log such consent, including the Internet Protocol (IP) address and date and time, for evidentiary and security reasons.

In principle, you can object to receiving notifications and messages such as newsletters at any time. With such an objection, you can also object to the statistical recording of usage for success and reach measurement. Necessary notifications and communications in connection with our activities and activities remain reserved.

7.3     Service providers for notifications and communications

We send notifications and communications using specialized service providers. We particularly use:

BREVO (communication platform)

Provider: Sendinblue GmbH, Köpenickerstrasse 126, 10179 Berlin
Data protection information: Data protection declaration

We are present on social media platforms and other online platforms in order to be able to communicate with interested parties and provide information about our activities and operations. In connection with such platforms, personal data can also be processed outside Switzerland and the European Economic Area (EEA). We particularly use:

Facebook

Provider: Facebook Inc., 1601 S. Californium Ave, Pale Alto, CA 94304, USA
Data protection information: Data protection declaration

Instagram

Provider: Instagram Inc., 1601 Willow Road, Menlo Park, California 94025, USA
Data protection information: Data protection declaration

LinkedIn

Provider: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland
Data protection information: Privacy Policy

YouTube

Provider: Google Inc., 1600 Amphitheater Parkway Mountain View, California 94043, USA
Data protection information: Data protection declaration

The general terms and conditions (GTC) and terms of use and other provisions of the individual operators of such platforms also apply.

We use services from specialized third parties in order to be able to carry out our activities in a permanent, user-friendly, safe and reliable manner. Such services allow us, among other things, to embed functions and content into our website. With such embedding, the services used record the Internet Protocol (IP) addresses of the users at least temporarily for technically compelling reasons.

For necessary security-related, statistical and technical purposes, third parties whose services we use may process data related to our activities and activities in aggregated, anonymized or pseudonymized form. This is, for example, performance or usage data in order to be able to offer the respective service. We particularly use:

Google

Provider: Google Inc., 1600 Amphitheater Parkway Mountain View, California 94043, USA; Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland
Data protection information: Data protection declaration

9.1     Digital infrastructure

We use services from specialized third parties in order to be able to use the necessary digital infrastructure in connection with our activities and activities. These include, for example, hosting and storage services from selected providers. We particularly use:

WordPress (Content Management System)

Provider: Automatic Inc., 60 29th Street #343, San Francisco, CA 94110, USA
Data protection information: Data protection declaration

alfahosting (web hosting)

Provider: Alfahosting GmbH, Edmund-von-Lippmann-Straße 13-15, DE-06112 Halle
Data protection information: Data protection declaration

9.2     Contact options

We use services from selected providers in order to be able to communicate better with third parties such as potential and existing customers. This also includes services for audio and video conferences to enable online communication. The legal texts of the individual services such as data protection declarations and terms of use also apply to participation in audio and video conferences. We particularly use:

Zoom

Provider: Zoom Video Communications Inc., 55 Almaden Blvd, Suite 600, San Jose, CA 95113
Data protection information: Data protection declaration

Microsoft Teams

Provider: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA
Data protection information: Data protection declaration

9.3     Digital audio and video content

We use services from specialized third parties to enable the direct playback of digital audio and video content such as music or podcasts. We particularly use:

Vimeo

Provider: Vimeo Inc., 330 West 34th Street, 10th Floor, New York 10001
Data protection information: Data protection declaration

YouTube

Provider: Google Inc., 1600 Amphitheater Parkway Mountain View, California 94043, USA
Data protection information: Data protection declaration

We use services and programs to determine how our online offering is used. In this context, we can, for example, measure the success and reach of our activities and activities as well as the effect of third-party links to our website. For example, we can also try out and compare how different versions of our online offering or parts of our online offering are used (“A/B test” method). Based on the results of the success and reach measurement, we can in particular fix errors, strengthen popular content or make improvements to our online offering.

When using services and programs to measure success and reach, the Internet Protocol (IP) addresses of individual users must be saved. IP addresses are generally shortened (“IP masking”) in order to follow the principle of data economy through the corresponding pseudonymization and thus improve the data protection of users.

When using services and programs to measure success and reach, cookies may be used and user profiles may be created. User profiles include, for example, the pages visited or content viewed on our website, information about the size of the screen or browser window and the – at least approximate – location. In principle, user profiles are created exclusively pseudonymously. We do not use user profiles to identify individual users. Individual third-party services to which users are registered may be able to assign the use of our online offering to the user account or user profile for the respective service. We particularly use:

Matomo Cloud (success and reach measurement with pseudonymized Internet Protocol (IP) addresses);

Provider: InnoCraft Ltd., 7 Waterloo Quay PO625, 6140 Wellington, New Zealand
Data protection information: Data protection declaration

Responsibility for processing personal data:

data-protectors.ch
c/o FACT Schweiz AG
Förrlibuckstrasse 30
8005 Zurich
Switzerland

datenschutz@data-protectors.ch

We would like to point out if, in individual cases, there are other persons responsible for processing personal data.