Data Protection Declaration

 

Responsible authority in the sense of the data protection laws, namely the EU General Data Protection Regulation (GDPR), is:

 

J&K Rechtsanwälte AG

Lukas Bühlmann
Kesslerstrasse 1
9000 St.Gallen

 

E-Mail: kontakt@jk-law.ch
Webseite: https://www.jk-law.ch/

 

General Information

 

Based on Article 13 of the Swiss Federal Constitution and the Swiss data protection provisions (Data Protection Act, DSG), every person has the right to privacy and to be protected from the misuse of his or her personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

 

In cooperation with our hosting providers, we endeavour to protect the databases as best as possible against unauthorised access, loss, misuse, or falsification.

 

We would like to point out that data transmission over the Internet (e.g. communication by email) can be subject to security vulnerabilities. A complete protection of the 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 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, such as name, address or email address are collected as far as possible on a voluntary basis. The data will not be passed on to third parties without your consent.

 

Processing of Personal Data

 

Personal data is all information that refers 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, such as the storage, disclosure, procurement, deletion, saving, alteration, destruction and use of personal data.

 

We process personal data in accordance with Swiss Data Protection Act. In all other respects, we process personal data, if and as far as the EU GDPR is applicable, in accordance with the following basic principles in connection with Art. 6 para. 1 GDPR:

 

  • lit. a) Processing of personal data with the consent of the data subject.
  • lit. b) Processing of personal data for the fulfilment of a contract with the data subject and for the implementation of corresponding pre-contractual measures.
  • lit. c) Processing of personal data to fulfil a legal obligation to which we are subject under any applicable EU law 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 for the purpose of protecting 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 third parties unless the fundamental freedoms and rights and interests of the data subject prevail. In particular, legitimate interests include our economic interest in being able to operate our website, information security, the enforcement of our own legal claims and compliance with Swiss law.

 

We process personal data for the duration necessary for the purpose or purposes in question. In the case of exceeding storage obligations due to legal and other obligations to which we are subject, we limit the processing accordingly.

 

Cookies

 

This website uses cookies. Cookies are small text files that allow to store specific user-related information on the user’s device while he or she is using the website. In particular, cookies allow to determine the frequency of use and number of users of the pages, to analyse the behaviour of page use and also to make our offer more customer friendly. Cookies remain stored after the end of a browser session and can be called up again when you visit the site again. If you do not wish this to happen, you should refuse to accept cookies in your internet browser. Please note that not all functions of this online offer can be used if cookies are deactivated.

 

A general objection to the use of cookies for online marketing purposes can be declared for many services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/.

 

SSL-/TLS-Encryption

 

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

 

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

 

Server-Log-Files

 

The provider of this website automatically collects and stores information in so- called server log files, which your browser automatically transmits to us.

 

This information contains:

 

  • Browser type and browser version
  • Used operating system
  • Referrer URL
  • Hostname of the accessing computer
  • Time of the server request

 

This data cannot be assigned to specific persons. This data will not be merged with other data sources. We reserve the right to subsequently check this data if we become aware of concrete indications of illegal use.

 

Privacy Policy for Contact Form

 

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

 

Privacy Policy for Newsletter

 

Newsletter2Go  is used as newsletter software. Your data will be transmitted to Newsletter2Go GmbH, Köpenicker Str. 126, 10179 Berlin, Germany. Newsletter2Go is forbidden to sell your data and to use it for purposes other than the dispatch of newsletters. Newsletter2Go is a certified supplier which was selected along the applicable data protection requirements, in particular the GDPR and the Swiss Data Protection Act. Further information can be found here.

 

If you wish to receive the newsletter offered on the website, we require an email address from you as well as information that allows us to verify that you are the owner of the email address and you agree to receive the newsletter. We use the double opt-in procedure to ensure that the newsletter is sent in an agreed manner. During this procedure, the potential recipient agrees to be added to a mailing list. The user then receives a confirmation email to confirm the registration in a legally secure manner. Only if the confirmation is made, the address will be added to the in the mailing list. This data is exclusively used for the dispatch of the requested information and offers.

 

You can revoke your consent to the storage of data, email address and its use to send the newsletter at any time, for example by clicking the “unsubscribe” link in the newsletter.

 

Use of Services by Google

 

This website may use the services of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”) described in more detail below. Among other things, these services use cookies. As a result, data is transferred to Google in the USA. We assume in this context that no personal tracking takes place when using our website.

 

Google has undertaken to ensure adequate data protection in accordance with the American-European Privacy Shield and the American-Swiss Privacy Shield.

 

Further information can be found in Google’s privacy policy.

 

Google Maps

 

This website uses Google Maps API to visually display geographic information. When Google Maps is used, Google also collects, processes, and uses data relating to the use of map functions by visitors.

 

Google reCAPTCHA

 

This website uses the service reCAPTCHA of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). The purpose of the query is to distinguish whether the input is made by a human being or by automated, mechanical processing. The query includes the transmission of the IP address and any other data required by Google for the reCAPTCHA service to Google. For this purpose, your input will be transmitted to Google and used there. However, your IP address will be shortened by Google in advance within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases, the full IP address will be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address transmitted by your browser as part of reCAPTCHA is not merged with other data from Google. Your data may also be transmitted to the USA. For data transfers to the USA, the European Commission has issued an adequacy decision, the “Privacy Shield”. Google participates in the “Privacy Shield” and has accepted its requirements. By activating the query, you consent to the processing of your data. The processing takes place pursuant to Art. 6 para. 1 lit. a GDPR with your consent. You can revoke your consent at any time without affecting the lawfulness of the processing carried out based on your consent up to the revocation.

 

Further information on Google reCAPTCHA and the corresponding data protection declaration can be found here.

 

Google Analytics

 

This website uses Google Analytics. To disable Google Analytics, Google provides a browser plug-in here. Google Analytics uses cookies. The information collected by cookies about the use of our website (including your IP address) is generally transmitted to a Google server in the USA and stored there. We would like to point out that on this website Google Analytics was extended by the code “gat._anonymizeIp();” in order to guarantee an anonymous recording of IP addresses (so-called IP masking). If anonymisation is active, Google abbreviates IP addresses within member states of the European Union or in other signatory states to the Agreement on the European Economic Area, which means that your identity cannot be traced. Only in exceptional cases, the full IP address will be transmitted to a Google server in the USA and shortened there. Google complies with the privacy provisions of the Privacy Shield Agreement and is registered with the Department of Commerce’s Privacy Shield program and uses the information it collects to evaluate your use of our website, compile reports for us about it, and provide other related services to us. Further information can be found here.

 

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 your browser cache to display texts and fonts correctly. If your browser does not support web fonts, a standard font will be used by your computer.

 

Further information about Google Web Fonts can be found here.

 

Google Tag Manager

 

Google Tag Manager is a solution with which we can manage so-called website tags via an interface and thus integrate Google Analytics and other Google marketing services into our online offering. The Tag Manager itself, which implements the tags, does not process any personal user data. Regarding the processing of users’ personal data, reference is made to the Terms of Use for Google Tag Manager.

 

Privacy Policy for LinkedIn

 

This website uses functions of the network LinkedIn. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Each time you visit one of our pages that contains LinkedIn features, you will be connected to LinkedIn servers. LinkedIn will be notified that you have visited our web pages with your IP address. If you click the LinkedIn “Recommend” button and are logged into your LinkedIn account, LinkedIn will be able to trace your visit to our site with you and your user account. We would like to point out that, as operator of this website, we have no knowledge of the content of the transmitted data or its use by LinkedIn.

 

Further information can be found in LinkedIn’s privacy policy.

 

Privacy Policy for YouTube

 

This website uses plugins of the YouTube site operated by Google. The site is operated by YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. When you visit one of our pages equipped with a YouTube plug-in, a connection is established to YouTube’s servers. The Youtube server will be informed which of our pages you have visited.

 

If you are logged in to your YouTube account, you can allow YouTube to trace your surfing behaviour directly to your personal profile. You can prevent this by logging out of your YouTube account.

 

You can find more information about the handling of user data in YouTube’s Privacy Policy.

 

Services Subject to a Charge

 

To provide services which are subject to a charge, we will request additional data, such as payment details, in order to be able to execute your order or your mandate. We store this data in our systems until the statutory retention periods have expired.

 

Objection to Advertising Mails

 

We hereby object to the use of contact data published on this website to send unsolicited advertising and information material. The operators of this website expressly reserve the right to take legal action against unsolicited mailing or emailing of spam and other similar advertising materials.

 

Copyrights

 

The copyright and all other rights to contents, pictures, photos, or other files on this website belong exclusively to the operator of this website or the specially 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 subject to prosecution and may be liable for damages.

 

General Waiver of Liability

 

All information on our website has been carefully reviewed. We make every effort to ensure that the information contained on this website is up to date, complete and correct. Nevertheless, the occurrence of errors cannot be entirely excluded, so that we cannot guarantee the completeness, accuracy, and timeliness of information. Claims arising from material or immaterial damage caused using information provided on this website are excluded to the extent permitted by law.

 

The operator may change or delete texts at his own discretion and without prior notice and is not obliged to update the contents of this website. The use of or access to this website is at the visitor’s own risk. The operator, its principal or partners are not responsible for any kind of damages (such as direct, indirect, accidental, or consequential damages), which allegedly resulted from the visit of this website. The operator therefore assumes no liability.

 

The operator also assumes no responsibility and 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 hereby expressly dissociates himself from all contents of third parties which may be relevant under criminal or liability law or which offend against common decency.

 

Amendments

 

We may change this privacy statement at any time without notice. The current version published on our website is applicable. If the data protection declaration is part of an agreement with you, we will inform you in the event of any amendments by email or other appropriate means.

 

Questions to the Data Protection Officer

 

If you have any questions related to data protection, please send us an email or contact the person responsible for data protection in our organisation listed at the beginning of the data protection declaration.

 

St.Gallen, May 2020
Source of this data protection declaration: SwissAnwalt