Data privacy statement

(FADP, Revised FADP + GDPR)

Responsible for data protection

Datajam
Christoph Messerli
Obergässli 15
CH-2502 Biel

General information

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Swiss Confederation (Data Protection Act, DSG), every person is entitled to protection of their privacy and 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 statutory data protection regulations and 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 over the Internet (e.g. when communicating by e-mail) may be subject to security vulnerabilities. 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. Insofar as personal data (e.g. name, address or e-mail addresses) is collected on our website, this is always done on a voluntary basis as far as possible. This data will not be passed on to third parties without your express consent.

Processing of personal data

Personal data is any information relating to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, deletion, storage, modification, destruction and use of personal data. We process personal data in accordance with Swiss data protection law. In addition, we process personal data in accordance with the following legal bases in connection with Art. 6 para. 1 GDPR, insofar as the EU GDPR is applicable:

Consent (Art. 6 para. 1 sentence 1 lit. a. GDPR) – The data subject has given their consent to the processing of their personal data for one or more specific purposes.
Performance of a contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR) – Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
Legal obligation (Art. 6 para. 1 sentence 1 lit. c. GDPR) – Processing is necessary for compliance with a legal obligation to which the controller is subject.
Protection of vital interests (Art. 6 para. 1 sentence 1 lit. d. GDPR) Processing is necessary in order to protect the vital interests of the data subject or of another natural person.
Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR) – Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.
Application procedure as a pre-contractual or contractual relationship (Art. 9 para. 2 lit. b GDPR) – Insofar as special categories of personal data within the meaning of Art. 9 para. 1 GDPR are requested from applicants as part of the application procedure (e.g. health data, such as severely disabled status or ethnic origin) are requested from applicants so that the controller or the data subject can exercise their rights under labor law and social security and social protection law and fulfill their obligations in this regard, their processing is carried out in accordance with Art. 9 para. 2 lit. b. GDPR. GDPR, in the case of the protection of vital interests of applicants or other persons pursuant to Art. 9 para. 2 lit. c. GDPR or for the purposes of preventive health care or occupational medicine, for the assessment of the employee’s ability to work, for medical diagnosis, care or treatment in the health or social sector or for the management of systems and services in the health or social sector pursuant to Art. 9 para. 2 lit. h. GDPR. In the case of communication of special categories of data based on voluntary consent, their processing is carried out on the basis of Art. 9 para. 2 lit. a. GDPR.

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.

Applicable legal bases

In accordance with Art. 13 GDPR, we inform you of the legal basis of our data processing. If the legal basis is not stated in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing to fulfill our services and carry out contractual measures and respond to inquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

Cookies

This website uses cookies. These are small text files that make it possible to store specific information relating to the user on the user’s device while the user is using the website. In particular, cookies make it possible to determine the frequency of use and the 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 to refuse 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 US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. In addition, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that in this case not all functions of this online service can be used.

SSL / TLS encryption

This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content, such as requests that you send to us as the 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. These are

Browser type and browser version
Operating system used
Referrer URL
Host name of the accessing computer
Time of the server request

This data cannot be assigned to specific persons. This data is not merged with other data sources. We reserve the right to check this data retrospectively if we become aware of specific indications of unlawful use.

Third-party services

This website may use Google Maps to embed maps, Google Invisible reCAPTCHA to protect against bots and spam and YouTube to embed videos. These services of the American Google LLC use, among other things, cookies, whereby data is transferred to Google in the USA, whereby we assume that no personal tracking takes place in this context solely through the use of our website. Google has undertaken to guarantee appropriate data protection in accordance with the US-European and US-Swiss Privacy Shield.  Further information can be found in Google’s privacy policy.

Rights of the persons concerned

Right to confirmation

Each person concerned has the right to request confirmation from the operator of the website as to whether personal data concerning him or her is being processed. If you wish to exercise this right of confirmation, you can contact the data protection officer at any time.

Right to information

Any person concerned by the processing of personal data has the right to receive information from the operator of this website at any time free of charge about the personal data stored about them and a copy of this information. In addition, information may be provided about the following:

Purposes of the processing.
Categories of personal data processed.
Recipients to whom the personal data has been or will be disclosed.
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
the existence of the right to lodge a complaint with a supervisory authority
if the personal data are not collected from the data subject:  All available information about the origin of the data.

In addition, the person concerned has the right to be informed whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer. If you wish to make use of this right to information, you can contact our data protection officer at any time.

Right to rectification

Any person concerned by the processing of personal data has the right to obtain without undue delay the rectification of inaccurate personal data concerning him or her. In addition, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing. If you wish to exercise this right to rectification, you can contact our data protection officer at any time.

Right to deletion (right to be forgotten)

Any person concerned by the processing of personal data has the right to obtain from the controller of this website the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and the processing is no longer necessary:

The personal data was collected or otherwise processed for purposes for which it is no longer required.
The person concerned withdraws the consent on which the processing was based and there is no other legal basis for the processing.
The person concerned objects to the processing on grounds relating to his or her particular situation and there are no overriding legitimate grounds for the processing, or the person concerned objects to the processing in the case of direct marketing and associated profiling.
The personal data was processed unlawfully.
The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
The personal data was collected in relation to information society services offered directly to a child.

If one of the above reasons applies and you wish to request the deletion of personal data stored by the operator of this website, you can contact our data protection officer at any time. The data protection officer of this website will ensure that the request for erasure is complied with immediately.

Right to restriction of the processing

Any person concerned by the processing of personal data has the right to obtain from the controller of this website restriction of processing where 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 person concerned objects to the erasure of the personal data and requests the restriction of the use of the personal data instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the person concerned for the establishment, exercise or defense of legal claims. The person concerned has objected to processing on grounds relating to his or her particular situation and it is not yet clear whether the legitimate interests of the controller override those of the person concerned.

If one of the aforementioned conditions is met, you can contact our data protection officer at any time to request the restriction of the processing of personal data by the operator of this website. The data protection officer of this website will arrange for the restriction of processing.

Right to data portability

Any person concerned by the processing of personal data has the right to receive the personal data concerning him or her in a structured, commonly used and machine-readable format. In addition, the person concerned has the right to have the personal data transmitted directly from one controller to another controller, where technically feasible and provided that this does not adversely affect the rights and freedoms of others. To assert the right to data portability, you can contact the data protection officer named above at any time.

Right to objection

Any person concerned by the processing of personal data has the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her. In the event of an objection, the person concerned will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims. To exercise your right to object, you can contact the data protection officer of this website directly. Right to withdraw consent under data protection law. Any person concerned by the processing of personal data has the right to withdraw consent to the processing of personal data at any time. If you wish to exercise your right to withdraw consent, you can contact our data protection officer at any time.

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 rights holders. The written consent of the copyright holder must be obtained in advance for the reproduction of any files. Anyone who commits a copyright infringement without the consent of the respective copyright holder may be liable to prosecution and may be entitled to claim damages.

Google WebFonts

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 will be used by your computer. Further information on Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://www.google.com/policies/privacy/

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 cannot be completely ruled out, which means that we cannot guarantee the completeness, correctness and topicality of information, even of a journalistic or editorial nature. Liability claims arising from material or immaterial damage caused by the use of the information provided are excluded, unless there is evidence of willful intent or gross negligence. The publisher may change or delete texts at its own discretion and without notice and is not obliged to update the content 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, accidental, pre-determined or consequential damages, which are allegedly caused by visiting this website and therefore assume no liability for this. 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 pages are solely responsible for their content. The publisher therefore expressly distances itself from all third-party content that may be relevant under criminal or liability law or offend common decency.

Modifications

We may change this privacy policy at any time without prior notice. The current version published on our website shall apply. If the privacy policy is part of an agreement with you, we will inform you of the change by e-mail or other appropriate means in the event of an update.

Questions to the data protection officer

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

Translation of this declaration

This declaration was translated from the German version and may contain translation errors. The authoritative declaration is therefore the German version.