Privacy policy

The responsible party in terms of data protection laws, in particular the EU General Data Protection Regulation (DSGVO), is:

ArtificialOwl
Jan Raphael Knieza
Rheinstrasse 49
4127 Birsfelden

Phone: 0763880594
E-mail: jan@artowl.ch
WebSite: https://artowl.ch/

General notice

Based on Article 13 of the Swiss Federal Constitution and the data protection regulations of the Swiss Confederation (Data Protection Act, DSG), every person has the right to protection of their privacy as well as protection against misuse of their personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with 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 falsification.

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

By using this website, you consent to the collection, processing and use of data in accordance with the following description. This website can generally be visited without registration. Data such as pages accessed or names of files accessed, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or e-mail address are collected as far as possible on a voluntary basis. No data will be passed on to third parties without your consent.

Processing of personal data

Personal data is any 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, acquisition, deletion, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. Furthermore, to the extent and insofar as the EU GDPR is applicable, we process personal data in accordance with the following legal bases in connection with Art. 6 (1) GDPR:

lit. a) Processing of personal data with the consent of the data subject.
lit. b) Processing of personal data for the fulfillment of a contract with the data subject as well as for the implementation of corresponding pre-contractual measures.
lit. c) Processing of personal data for the fulfillment 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 GDPR is applicable in whole or in part.
lit. d) Processing of personal data in order to protect the vital interests of the data subject or another natural person.
lit. f) Processing of personal data to protect the legitimate interests of us or of third parties, unless the fundamental freedoms and rights and interests of the data subject are overridden. Legitimate interests include, in particular, our business 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 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.

Privacy policy for cookies

This website uses cookies. These are small text files that make it possible to store specific information related to the user on the user’s terminal device while the user is using the website. Cookies make it possible, in particular, to determine the frequency of use and number of users of the pages, to analyze behavior patterns of page use, but also to make our offer more customer-friendly. Cookies remain stored beyond the end of a browser session and can be retrieved when you visit the site again. If you do not wish this to happen, you should set your Internet browser so that it refuses to accept cookies.

A general objection to the use of cookies for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the U.S. site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by disabling them in the browser settings. Please note that in this case not all functions of this online offer can be used.

Privacy policy for contact form

If you send us inquiries via the contact form, your data from the inquiry form including the contact data you provided there will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do 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 require an e-mail address from you as well as information that allows us to verify that you are the owner of the specified e-mail address and agree to receive the newsletter. Further data will not be collected. We use this data exclusively for sending the requested information and do not pass it on to third parties.

You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time, for example via the “unsubscribe link” in the newsletter.

Services with costs

For the provision of chargeable services, we request additional data, such as payment details, in order to be able to execute your order. We store this data in our systems until the statutory retention periods have expired.

Use of Google Maps

This website uses the offer of Google Maps. This allows us to display interactive maps directly on the website and enables you to comfortably use the map function. By visiting the website, Google receives the information that you have accessed the corresponding subpage of our website. This occurs regardless of whether Google provides a user account through which you are logged in or whether there is no user account. If you are logged in to Google, your data will be directly assigned to your account. If you do not want the assignment with your profile at Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right. For more information on the purpose and scope of data collection and processing by Google, as well as further information on your rights in this regard and settings options for protecting your privacy, please visit: www.google.de/intl/de/policies/privacy.

Google Ads

This website uses Google conversion tracking. If you have reached our website via an ad placed by Google, Google Ads will set a cookie on your computer. The conversion tracking cookie is set when a user clicks on an ad placed by Google. These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of our website and the cookie has not yet expired, we and Google can recognize that the user clicked on the ad and was redirected to this page. Each Google Ads customer receives a different cookie. Cookies can therefore not be tracked across Ads customers’ websites. The information obtained using the conversion cookie is used to create conversion statistics for Ads customers who have opted in to conversion tracking. Clients learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.

If you do not wish to participate in the tracking, you can refuse the setting of a cookie required for this – for example, by means of a browser setting that generally deactivates the automatic setting of cookies or by setting your browser so that cookies from the domain “googleleadservices.com” are blocked.

Please note that you may not delete the opt-out cookies as long as you do not want any measurement data to be recorded. If you have deleted all your cookies in the browser, you must set the respective opt-out cookie again.

Privacy policy for Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the data controller on this website is located outside the European Economic Area or Switzerland, then the Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as “Google”.

The statistics obtained enable us 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 p. 1 lit. f DS-GVO. The IP address transmitted by your browser as part of Google Analytics will not be 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();” to ensure anonymized collection of IP addresses. This means that IP addresses are processed in abbreviated form, which means that they cannot be linked to a specific person. If the data collected about you is related to a person, this is immediately excluded and the personal data is deleted immediately.

Only in exceptional cases will the full IP address be 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 to the website operator. For the exceptional cases in which personal data is transferred to the USA, Google has submitted 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 transmitted 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: Disable Google Analytics.

In addition, you can also prevent the use of Google Analytics by clicking on this link: Disable Google Analytics. This will save a so-called opt-out cookie on your data carrier, which prevents the processing of personal data by Google Analytics. Please note that if you delete all cookies on your terminal device, these opt-out cookies will also be deleted, i.e. you will have to set the opt-out cookies again if you wish to continue to prevent this form of data collection. The opt-out cookies are set per browser and computer/end device and must therefore be activated separately for each browser, computer or other end device.

Privacy policy for the use of Google Web Fonts

This website uses so-called web fonts 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 is used by your computer.

You can find more information on Google Web Fonts at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://www.google.com/policies/privacy/

Privacy policy for Facebook

This website uses functions of Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA . When you call up our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. In the process, data is already transmitted to Facebook. If you have a Facebook account, this data can be linked to it. If you do not want this data to be associated with your Facebook account, please log out of Facebook before visiting our site. Interactions, in particular the use of a comment function or the clicking of a “Like” or “Share” button are also passed on to Facebook. You can learn 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 into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate the visit to our pages with your user 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 see the privacy policy of Instagram: http://instagram.com/about/legal/privacy/

Privacy policy for SoundCloud

Plugins of the social network SoundCloud (SoundCloud Limited, Berners House, 47-48 Berners Street, London W1T 3NF, United Kingdom.) may be integrated on this website. You can recognize the SoundCloud plugins by the SoundCloud logo on the pages concerned.

When you visit our pages, a direct connection is established between your browser and the SoundCloud server after the plugin is activated. SoundCloud thereby receives the information that you have visited our site with your IP address. If you click the “Like” or “Share” button while logged into your SoundCloud user account, you can link and/or share the content of our pages with your SoundCloud profile. This allows SoundCloud to associate your visit to our pages with your user 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 SoundCloud. For more information, please see SoundCloud’s privacy policy at: https://soundcloud.com/pages/privacy

If you do not want SoundCloud to associate your visit to our pages with your SoundCloud user account, please log out of your SoundCloud user account before activating any content of the SoundCloud plugin.

External payment service providers

This website uses external payment service providers through whose platforms 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/legal/online-datenschutzerklarung.html)
Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full)
Bexio AG (https://www.bexio.com/de-CH/datenschutz)
Payrexx AG (https://www.payrexx.ch/site/assets/files/2592/datenschutzerklaerung.pdf)
Apple Pay (https://support.apple.com/de-ch/ht203027)
Stripe (https://stripe.com/ch/privacy)
Klarna (https://www.klarna.com/de/datenschutz/)
Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/)
Giropay (https://www.giropay.de/rechtliches/datenschutzerklaerung) etc.

In the context of the performance of contracts, we use the 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 pursuant to the Swiss Data Protection Ordinance as well as and to the extent necessary pursuant to 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 includes inventory data, such as the name and address, bank data, such as account numbers or credit card numbers, passwords, TANs and checksums, among others, as well as the contract, totals and recipient-related information. The information is required in order to carry out the transactions. However, the data entered is only processed by the payment service providers and stored with 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 data is transmitted by the payment service providers to credit agencies. The purpose of this transmission is to check identity and creditworthiness. In this regard, we refer to the terms and conditions and data protection information of the payment service providers.

For the payment transactions, the terms and conditions and the privacy policy of the respective payment service providers apply, which can be accessed within the respective website or transaction applications. We also refer to these for the purpose of further information and assertion of revocation, information and other data subject rights.

Using Adobe Fonts

We use Adobe Fonts for the visual design of our website. Adobe Fonts is a service provided by Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA (Adobe), which gives us access to a font library. In order to integrate the fonts we use, your browser must establish a connection to an Adobe server in the USA and download the font required for our website. Adobe thereby receives the information that our website was accessed from your IP address. For more information on Adobe Fonts, please see Adobe’s privacy policy, which you can access here: Adobe Fonts

Privacy policy for YouTube

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

Your legal agreement with “YouTube” consists of the terms and conditions found 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” regarding your use of the Services. Google’s Privacy Policy explains how “YouTube” treats and protects your personal information when you use the Service.

Privacy policy for Vimeo

Plugins of the video portal Vimeo of Vimeo, LLC, 555 West 18th Street, New York, New York 10011, USA are integrated on this website. Each time you visit a page that offers one or more Vimeo video clips, a direct connection is established between your browser and a Vimeo server in the USA. In the process, information about your visit and your IP address are stored there. Through interactions with the Vimeo plugins (e.g. clicking the start button), this information is also transmitted to Vimeo and stored there. The privacy policy for Vimeo with more detailed information on the collection and use of your data by Vimeo can be found in the privacy policy of Vimeo.

If you have a Vimeo user account and do not want Vimeo to collect data about you via this website and link it to your membership data stored with Vimeo, you must log out of Vimeo before visiting this website.

In addition, Vimeo calls up the Google Analytics tracker via an iFrame in which the video is called up. This is Vimeo’s own tracking, to which we have no access. You can prevent tracking by Google Analytics by using the deactivation tools that Google offers for some Internet browsers. You can also prevent the collection of data generated by Google Analytics 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:

https://tools.google.com/dlpage/gaoptout?hl=de

Order processing in the online store with customer account

We process the data of our customers in accordance with the data protection provisions of the Federal (Data Protection Act, DSG) and the EU-DSGVO, in the context of the ordering processes in our online store to enable them to select and order the selected products and services, as well as their 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, prospective customers and other business partners. The processing is carried out for the purpose of providing contractual services in the context of operating an online store, billing, delivery and customer services. In this context, we use session cookies, e.g. for storing the shopping cart content, and permanent cookies, e.g. for storing the login status.

The processing is carried out on the basis of Art. 6 para. 1 lit. b (execution of order transactions) and c (legally required archiving) DSGVO. In this context, the information marked as required is necessary for the justification and fulfillment of the contract. We disclose the data to third parties only in the context of delivery, payment or in the context of legal permissions and obligations. The data is only processed in third countries if this is necessary for the fulfillment of the contract (e.g. at the request of the customer for delivery or payment).

Users can optionally create a user account, in which they can view their orders in particular. As part of the registration process, the required mandatory information will be provided to users. User accounts are not public and cannot be indexed by search engines, e.g. Google. If users have terminated their user account, their data with regard to the user account will be deleted, subject to their retention is necessary for commercial or tax reasons entspr. Art. 6 para 1 lit. c DSGVO. Information in the customer account remains until its deletion with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to save their data in the event of termination before the end of the contract.

Within the scope of registration and renewed registrations as well as the 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 those of users in protection against abuse and other unauthorized use. In principle, this data is not passed on to third parties, unless it is necessary for the pursuit of our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO.

The deletion takes place after the expiry of legal warranty and comparable obligations, the necessity of keeping the data is reviewed at irregular intervals. In the case of legal archiving obligations, deletion takes place after their expiry.

Agency services

We process the data of our customers in accordance with the data protection provisions of the Federal (Data Protection Act, DSG) and the EU-DSGVO in the context of our contractual services.

In doing so, 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), payment data (e.g., bank details, payment history), usage data and metadata (e.g., in the context of evaluating and measuring the success of marketing measures). Data subjects include our customers, prospective customers as well as their customers, users, website visitors or employees as well as third parties. The purpose of the processing is the provision of contractual services, billing and our customer service. The legal basis for the processing results from Art. 6 para. 1 lit. b DSGVO (contractual services), Art. 6 para. 1 lit. f DSGVO (analysis, statistics, optimization, security measures). We process data that are necessary for the justification and fulfillment of contractual services and indicate the necessity of their disclosure. Disclosure to external parties only takes place if it is necessary in the context of an order. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client as well as the legal requirements of a commissioned processing pursuant to 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 legal warranty and comparable obligations. The necessity of keeping the data is reviewed at irregular intervals. In the case of legal archiving obligations, deletion takes place after their expiry. In the case of data disclosed to us by the client as part of an order, we delete the data in accordance with the specifications of the order, generally after the end of the order.

Contractual services

We process the data of our contractual partners and interested parties as well as other clients, customers, clients or contractual partners (uniformly referred to as “contractual partners”) in accordance with the data protection provisions of the German Federal Data Protection Act (Datenschutzgesetz, DSG) and the EU-DSGVO pursuant to Art. 6 Para. 1 lit. b. DSGVO, in order to provide them with our contractual or pre-contractual services. The data processed in this context, the type, scope and purpose and the necessity of their processing, are determined by the underlying contractual relationship.

The data processed includes the master data of our contractual partners (e.g. names and addresses), contact data (e.g. e-mail addresses and telephone numbers) as well as contractual data (e.g. services used, contract content, contractual communication, names of contact persons) and payment data (e.g. bank details, payment history).

As a matter of principle, we do not process special categories of personal data, unless these are components of a commissioned or contractual processing.

We process data that are required for the justification and fulfillment of contractual services and point out the necessity of their disclosure, unless this is evident to the contractual partners. Disclosure to external persons or companies is made only if it is necessary in the context of a contract. When processing data provided to us in the context of an order, we act in accordance with the instructions of the client as well as the legal requirements.

In the context of the use of our online services, we may store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the interests of users in protection against misuse and other unauthorized use. In principle, this data is not passed on to third parties, unless it is necessary for the pursuit of our claims pursuant to Art. 6 para. 1 lit. f. DSGVO or there is a legal obligation to do so pursuant to Art. 6 para. 1 lit. c. DSGVO.

The deletion of the data takes place when the data is no longer required for the fulfillment of contractual or legal duties of care as well as for dealing with any warranty and comparable obligations, whereby the necessity of keeping the data is reviewed at irregular intervals. In all other respects, the statutory retention obligations shall apply.

Note on data transfer to the USA

Among other things, tools from companies based in the USA are integrated on our website. If these tools are active, your personal data may be transferred to the US servers of the respective companies. We would like to point out that the USA is not a safe third country in the sense of EU data protection law. US companies are obliged to hand over personal data to security authorities without you as a data subject being able to take legal action against this. It can therefore not be ruled out that US authorities (e.g. intelligence services) process, evaluate and permanently store your data located on US servers for monitoring purposes. We have no influence on these processing activities.

Copyrights

The copyright and all other rights to the content, images, photos or other files on the website belong exclusively to the operator of this website or the specifically named copyright 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 possibly to damages.

General disclaimer

All information on our website has been carefully checked. We make every effort to ensure that the information we provide is up-to-date, correct and complete. Nevertheless, the occurrence of errors can not be completely excluded, so we can not guarantee the completeness, accuracy and timeliness of information, including journalistic-editorial nature. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.

The publisher may change or delete texts at his own discretion and without notice and is not obliged to update the contents of this website. The use of or access to this website is at the visitor’s own risk. The publisher, its clients or partners are not responsible for damages, such as direct, indirect, incidental, consequential or punitive damages, allegedly caused by the visit of this website and consequently assume no liability for such damages.

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 operators of the linked sites are solely responsible for their content. The publisher thus expressly distances itself from all third-party content that may be relevant under criminal or liability law or that may offend common decency.

Changes

We may amend this privacy policy at any time without prior notice. The current version published on our website applies. Insofar as 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 for the data protection officer

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

Birsfelden, 20.09.2021
Source: SwissAnwalt