data protection
Data protection
xchange design, the secure handling of your data is particularly important. We would therefore like to inform you in detail about the use of your data when you visit our website.
1. Definitions
xchange design's data protection declaration is based on the terms used by the European legislator for directives and regulations when issuing the General Data Protection Regulation (GDPR). Our data protection declaration 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 terms used in advance.
We use the following terms, among others, in this data protection declaration:
personal data
Personal data is any information that relates to an identified or identifiable natural person (hereinafter “data subject”). A natural person is considered to be identifiable if he or she 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 special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
affected person
Data subject is any identified or identifiable natural person whose personal data is processed by the data controller.
processing
Processing is any operation or series of operations carried out on personal data, whether or not by automated means, such as the collection, recording, organisation, structuring, storage, adaptation or modification, reading, querying, use, disclosure by transmission, distribution or other form of provision, alignment or association, restriction, deletion or destruction.
Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
Profiling
Profiling is any type of automated processing of personal data which consists in using these personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal Analyze or predict the preferences, interests, reliability, behavior, location or movements of that natural person.
Pseudonymization
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data not be assigned to an identified or identifiable natural person.
Controller or person responsible for processing
The person responsible or responsible for processing is the natural or legal person, authority, institution or other body which, alone or jointly with others, decides on the purposes and means of processing personal data. If the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor
Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller.
Recipient
The recipient is a natural or legal person, public authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. 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.
Third
Third party is a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor .
consent
Consent is any voluntary, informed and unambiguous expression of wishes given by the data subject for a specific case, in the form of a statement or other unambiguous confirmatory act, by which the data subject indicates that he or she agrees to the processing of personal data concerning him or her is.
2. Collection of data
The xchange design website collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server’s log files . They can be recorded
(1) 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 that are accessed via an accessing system on our website,
(5) the date and time of 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 serves to avert danger in the event of attacks on our information technology systems.
When using this general data and information, xchange design does not draw any conclusions about the data subject. Rather, this information is needed to
(1) to deliver the content of our website correctly,
(2) to optimize the content of our website and the advertising for it,
(3) to ensure the long-term functionality of our information technology systems and the technology of our website and
(4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack.
This anonymously collected data and information is therefore evaluated by xchange design both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files is stored separately from all personal data provided by a data subject.
3. Legal or contractual regulations regarding 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 non-provision
We would like to clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). In order to conclude a contract, it may sometimes be necessary for a data subject to provide us with personal data, which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before the data subject provides personal data, the data subject must contact our data protection officer. Our data protection officer explains to the person concerned 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 consequences the non-provision of the personal data would have.
4. Use of data when registering for the email newsletter
On the xchange design website, users are given the opportunity to subscribe to our company's newsletter. Which personal data is transmitted to the person responsible for processing when ordering the newsletter is determined by the input mask used for this purpose.
The company xchange design regularly informs its customers and business partners about the company's offers by means of a newsletter. In principle, our company's newsletter can only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers to receive the newsletter . For legal reasons, a confirmation email will be sent using the double opt -in procedure to the email address entered by a data subject for the first time to receive the newsletter . This confirmation email is used to check whether the owner of the email address as the data subject has authorized receipt of the newsletter.
When registering for the newsletter, we also store the IP address assigned by the Internet service provider (ISP) of the computer system used by the data subject at the time of registration as well as the date and time of registration. The collection of this data is necessary in order to be able to understand the (possible) misuse of the email address of a data subject at a later point in time and therefore serves to provide legal protection for the person responsible for processing.
The personal data collected when registering for the newsletter is used exclusively to send our newsletter. Furthermore, subscribers to the newsletter could be informed by email if this is necessary for the operation of the newsletter service or a related registration, as could be the case in the event of changes to the newsletter offer or a change in technical circumstances. The personal data collected as part of the newsletter service will not be passed on to third parties. The data subject can cancel the subscription to our newsletter at any time. The consent to the storage of personal data that the data subject has given us for sending the newsletter can be revoked at any time. For the purpose of revoking your consent, there is a corresponding link in every newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller or to communicate this to the controller in another way.
5. Newsletter tracking
xchange design’s newsletters contain so-called tracking pixels. A web beacon is a miniature graphic that is embedded in emails sent in HTML format to enable log file recording and log file analysis. This allows a statistical analysis of the success or failure of online marketing campaigns to be carried out. Using the embedded tracking pixel, xchange design can determine whether and when an email was opened by a data subject and which links in the email were accessed by the data subject.
Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the person responsible for processing in order to optimize the sending of the newsletter and to adapt the content of future newsletters even better to the interests of the data subject. This personal data will not be passed on to third parties. Affected persons are entitled at any time to revoke the relevant separate declaration of consent issued via the double opt -in procedure. After revocation, these personal data will be deleted by the person responsible for processing. xchange design automatically interprets unsubscribing from receiving the newsletter as a revocation.
6. Contact option via the website
Due to legal regulations, the xchange design website contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the person responsible for processing by email or via a contact form, the personal data transmitted by the data subject will be automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
7. Use of cookies
In order to make visiting our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your device. Some of the cookies we use are deleted at the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your device and enable us to recognize your browser the next time you visit (persistent cookies). You can set your browser so that you are informed about the setting of cookies and decide individually whether to accept them or exclude the acceptance of cookies for certain cases or in general. If you do not accept cookies, the functionality of our website may be restricted.
8. Use of Google (Universal) Analytics for web analysis
This website uses Google (Universal) Analytics , a web analysis service from Google Inc. (www.google.de). Google (Universal) Analytics uses methods that enable analysis of your use of the website, such as so-called “cookies”, text files that are stored on your computer. The information generated about your use of this website is usually transmitted to a Google server in the USA and stored there. By activating IP anonymization on this website, the IP address is shortened before transmission within the member states of the European Union or to other contracting states to 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 shortened there. The anonymized IP address transmitted by your browser as part of Google Analytics is not combined with other Google data.
You can 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 downloading the browser plug-in available under the following link and install: http://wbs.is/rom89
As an alternative to the browser plug-in, you can click this link to prevent Google Analytics from recording data on this website in the future. An opt -out cookie is stored on your device. If you delete your cookies, you must click the link again.
9. Use of social plug -ins from Facebook
the »2-click solution«
On our website we use so-called social Plugins (“plug-ins”) from the social network Facebook are used. This service is offered by the company Facebook Inc. (“Provider”).
Facebook is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“ Facebook ”). You can find an overview of Facebook plugins and their appearance here: http://wbs.is/rom90
In order to increase the protection of your data when you visit our website, the plug-ins are integrated into the site using the so-called “2-click solution”. This integration ensures that when you access a page on our website that contains such plug-ins, no connection is established with the Facebook servers. Only when you activate the plug-ins and thereby give your consent to the data transfer will your browser establish a direct connection to the Facebook servers . The content of the respective plug-in is transmitted directly to your browser and integrated into the page. By integrating the plug-ins, Facebook receives the information that your browser has accessed the corresponding page on our website, even if you do not have a profile on Facebook or are not currently logged in. This information (including your IP address) is transmitted from your browser directly to a Facebook server in the USA and stored there. If you interact with the plug-ins, for example by clicking the “Like” button, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and displayed there to your contacts.
The purpose and scope of data collection and the further processing and use of the data by Facebook as well as your related rights and setting options to protect your privacy can be found in Facebook 's data protection information at http://wbs.is/rom91.
10. Embedded videos and images from external websites
Some of our pages contain embedded content from YouTube or Instagram . When you simply access a page from our website with integrated videos or images from our YouTube and/or Instagram channel, no personal data, with the exception of the IP address, is transmitted. In the case of YouTube, the IP address is sent to Google Inc., 600 Amphitheater Parkway , Mountain View, CA 94043, USA (“Google”) and, in the case of Instagram , to Instagram Inc., 181 SouthPark Street Suite 2 San Francisco, California 94107, USA (“ Instagram ”).
>> Here you should list the third-party providers from whom you integrate content into your website.
11. Notice of Changes
Changes in the law or changes to our internal processes may require an adjustment to this data protection declaration.
In the event of such a change, we will inform you of this at least six weeks before it comes into force. You generally have the right to revoke your consent.
Please note that (unless you exercise your right of withdrawal ) the current version of the data protection declaration is the valid one.
12. Updating/Deleting Your Personal Information
You have the opportunity to review, change or delete the personal information provided to us at any time by sending us an email to info@xchangedesign.ch. If you are a member of us, you can also opt out of receiving further information there in the future.
You also have the right to revoke your consent at any time with future effect.
The stored personal data will be deleted if you revoke your consent to storage.
The person responsible for processing processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage, or if this is required by the European legislator or another legislator in laws or regulations governing the processing responsible person, was provided.
If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another responsible legislator expires, the personal data will be blocked or deleted routinely and in accordance with legal regulations.
13. Rights of data subjects
Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether personal data concerning him or her is being processed. If a data subject would like to exercise this right of confirmation, they can contact our data protection officer or another employee of the person responsible for processing at any time.
Every person affected by the processing of personal data has the right granted by the European legislator to obtain free information from the person responsible for processing at any time about the personal data stored about him and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
the processing purposes
the categories of personal data that are 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 organizations
if possible, the planned period for which the personal data will be stored or, if this is not possible, the criteria for determining that period
the existence of a right to rectification or deletion of personal data concerning you or to restriction of processing by the controller or a right to object to this processing
the existence of a right to lodge a complaint with a supervisory authority
if the personal data is not collected from the data subject: all available information about the origin of the data
the existence of automated decision-making including profiling in accordance with Article 22 Paragraphs 1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved as well as the scope and intended effects of such processing for the data subject
The data subject also has the right to information as to whether personal data has been transmitted to a third country or to an international organization. If this is the case, the data subject also has the right to receive information about the appropriate guarantees in connection with the transfer.
If a data subject would like to exercise this right to information, they can contact our data protection officer or another employee of the person responsible for processing at any time.
Every person affected by the processing of personal data has the right granted by the European legislator to request the immediate correction of incorrect personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data - including by means of a supplementary statement.
If a data subject would like to exercise this right to rectification, they can contact our data protection officer or another employee of the person responsible for processing at any time.
Every person affected by the processing of personal data has the right granted by the European legislator to request that the person responsible delete the personal data concerning him or her immediately if one of the following reasons applies and if the processing is not necessary:
The personal data was collected or otherwise processed for purposes for which it is no longer necessary.
The data subject revokes his or her consent to which the processing is based in accordance with Art. 6 Para. 1 lit. a GDPR or Art. 9 Para. 2 lit. a GDPR and there is no other legal basis for the processing.
The data subject objects to the processing in accordance with Article 21 (1) of the GDPR and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing in accordance with Article 21 (2) of the GDPR.
The personal data was processed unlawfully.
The deletion of personal data is necessary to comply with a legal obligation under Union or Member State law to which the controller is subject.
The personal data was collected in relation to information society services offered in accordance with Article 8 Para. 1 GDPR.
If one of the reasons mentioned above applies and a data subject wishes to have personal data stored by xchange design deleted, they can contact our data protection officer or another employee of the data controller at any time. xchange design's data protection officer or another employee will ensure that the deletion request is complied with immediately.
If the personal data has been made public by xchange design and our company, as the person responsible, is obliged to delete the personal data in accordance with Article 17 Para. 1 GDPR, xchange design will take appropriate measures, including technical measures, taking into account the available technology and the implementation costs to inform other data controllers who process the published personal data that the data subject has requested that these other data controllers delete all links to this personal data or copies or replications of this personal data, to the extent that processing is not necessary. xchange design's data protection officer or another employee will take the necessary steps in individual cases.
Every person affected by the processing of personal data has the right granted by the European legislator to request that the controller restrict the 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 refuses the deletion of the personal data and instead requests the restriction of the use of the personal data.
The controller no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims.
The data subject has lodged an objection to the processing in accordance with Article 21 Para. 1 GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored at xchange design, they can contact our data protection officer or another employee of the data controller at any time. xchange design's data protection officer or another employee will arrange for the processing to be restricted.
Every person affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which the data subject has provided to a person responsible, in a structured, common and machine-readable format. You also have the right to transmit these data to another controller without hindrance from the controller to whom the personal data were provided, provided that the processing is based on the consent in accordance with Article 6 Para. 1 lit. a GDPR or Art. 9 Para. 2 lit. a GDPR or on a contract in accordance with Art. 6 Para. 1 lit. b GDPR and the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task that is in the public interest or in the exercise of official authority vested in the person responsible.
Furthermore, when exercising his or her right to data portability in accordance with Article 20 (1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one person responsible to another person responsible, to the extent that this is technically feasible and to the extent that this is not the case the rights and freedoms of other people are impaired.
To assert the right to data portability, the data subject can contact the data protection officer appointed by xchange design or another employee at any time.
Every person affected by the processing of personal data has the right granted by the European legislator to object at any time, for reasons arising from their particular situation, to the processing of personal data concerning them, which is based on Art. 6 Para. 1 lit. e or f GDPR, you have to lodge an objection. This also applies to profiling based on these provisions.
xchange design will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If xchange design processes personal data in order to conduct direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected to such direct advertising. If the data subject objects to xchange design processing for direct advertising purposes, xchange design will no longer process the personal data for these purposes.
In addition, the data subject has the right, for reasons arising from his or her particular situation, to object to the processing of personal data concerning him or her that is carried out by xchange design for scientific or historical research purposes or for statistical purposes in accordance with Article 89 (1) of the GDPR. to object, unless such processing is necessary to fulfill a task carried out in the public interest.
To exercise the right to object, the data subject can contact xchange design’s data protection officer or another employee directly. Furthermore, in connection with the use of information society services, the data subject is free, notwithstanding Directive 2002/58/EC, to exercise his or her right to object by means of automated procedures using technical specifications.
Every person affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing - including profiling - which has legal effects on him or her or similar Significantly affected if the decision
(1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or
(2) is permitted by Union or Member State law to which the controller is subject and such law contains appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject or
(3) takes place with the express consent of the person concerned.
Is the decision
(1) necessary for the conclusion or performance of a contract between the data subject and the person responsible or
(2) it takes place with the express consent of the person concerned,
xchange design takes appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which includes at least the right to have a person from among the controller intervene, to express his or her own point of view and to contest the decision.
If the data subject would like to assert rights with regard to automated decisions, they can contact our data protection officer or another employee of the data controller at any time.
Every person affected by the processing of personal data has the right granted by the European legislator to revoke consent to the processing of personal data at any time.
If the data subject would like to exercise their right to revoke their consent, they can contact our data protection officer or another employee of the person responsible for processing at any time.
14. Legal basis for processing
Art. 6 Para. 1 lit. a DSGVO serves our company as the legal basis 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 delivery of goods or the provision of any other service or consideration, the processing is based on Art. 6 Para. 1 lit. b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Art. 6 Para. 1 lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance details or other vital information would then have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 Para. 1 lit. d GDPR based. Ultimately , processing operations could be based on Art. 6 Para. 1 lit. f GDPR based. Processing operations that are not covered by any of the above-mentioned 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 do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, he was of the opinion that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).
15. Legitimate interests in processing pursued by the controller or a third party
Is the processing of personal data based on Art. 6 Para. 1 lit. f GDPR, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.
16. The person responsible or your contact person
If you have any questions about the collection, processing or use of your personal data, information, correction, blocking or deletion of data as well as revocation of consent given or objection to a specific use of data, please contact us directly:
xchange design GmbH
Lierenstrasse 18G
CH-5417 Untersiggenthal
T +4 1 (0)51 200 1423
Email: info [ at ]xchangedesign.ch