Privacy Policy

Preamble

With the following privacy policy, we would like to inform you about the types of your personal data (hereinafter also referred to as "data") that we process, for what purposes and to what extent in the context of providing our application.

The terms used are not gender-specific.

Last updated: November 8, 2024

Table of Contents

  • Preamble
  • Controller
  • Overview of Processing
  • Relevant Legal Bases
  • Security Measures
  • Transfer of Personal Data
  • International Data Transfers
  • General Information on Data Storage and Deletion
  • Rights of Data Subjects
  • Provision of Online Services and Web Hosting
  • Contact and Inquiry Management
  • Presence on Social Networks (Social Media)
  • Changes and Updates
  • Definitions

    • Controller

    Duliba Management & Beratung

    Dorf 3

    6123 Geiss

    Switzerland

    Authorized representatives: Mr. Peter Duliba

    Email address: info@duliba.ch

    Phone: +41 76 304 9601

    Imprint: duliba.ch/impressum

    Overview of Processing

    The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.

    Types of Data Processed

  • Inventory data.
  • Contact data.
  • Content data.
  • Usage data.
  • Meta-, communication and procedural data.
  • Log data.

    • Categories of Data Subjects

  • Communication partners.
  • Users.

    • Purposes of Processing

  • Communication.
  • Security measures.
  • Organizational and administrative procedures.
  • Feedback.
  • Provision of our online services and user-friendliness.
  • Information technology infrastructure.
  • Public relations.

    • Relevant Legal Bases

    Relevant legal bases according to the GDPR: Below you will find an overview of the legal bases of the GDPR on the basis of which we process personal data. Please note that in addition to the provisions of the GDPR, national data protection regulations may apply in your or our country of residence or domicile. Should more specific legal bases be relevant in individual cases, we will inform you of these in the privacy policy.

  • Contract performance 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.
  • 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.

    • National data protection regulations in Germany: In addition to the data protection regulations of the GDPR, national regulations on data protection apply in Germany. This includes in particular the Act on Protection against Misuse of Personal Data in Data Processing (Federal Data Protection Act - BDSG). The BDSG contains in particular special provisions on the right to information, the right to deletion, the right to object, the processing of special categories of personal data, processing for other purposes and transmission as well as automated decision-making in individual cases including profiling. Furthermore, state data protection laws of the individual federal states may apply.

    National data protection regulations in Austria: In addition to the data protection regulations of the GDPR, national data protection regulations apply in Austria. This includes in particular the Federal Act on the Protection of Natural Persons with regard to the Processing of Personal Data (Data Protection Act - DSG). The Data Protection Act contains in particular special provisions on the right to information, the right to rectification or deletion, the processing of special categories of personal data, processing for other purposes and transmission as well as automated decision-making in individual cases.

    Relevant legal bases under the Swiss Data Protection Act: If you are located in Switzerland, we process your data on the basis of the Federal Act on Data Protection (abbreviated "Swiss DPA"). Unlike the GDPR, for example, the Swiss DPA generally does not provide for a legal basis for the processing of personal data to be stated and the processing of personal data is carried out in good faith, is lawful and proportionate (Art. 6 para. 1 and 2 of the Swiss DPA). In addition, personal data is only collected by us for a specific purpose that is recognizable to the data subject and is only processed in a way that is compatible with this purpose (Art. 6 para. 3 of the Swiss DPA).

    Notice on the applicability of the GDPR and Swiss DPA: These privacy notices serve to provide information under both the Swiss DPA and the General Data Protection Regulation (GDPR). For this reason, we ask you to note that due to the broader spatial application and comprehensibility, the terms of the GDPR are used. In particular, instead of the terms "processing" of "personal data", "overriding interest" and "particularly sensitive personal data" used in the Swiss DPA, the terms "processing" of "personal data" as well as "legitimate interest" and "special categories of data" used in the GDPR are used. However, the legal meaning of the terms will continue to be determined according to the Swiss DPA within the scope of applicability of the Swiss DPA.

    Security Measures

    We take appropriate technical and organizational measures in accordance with legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of processing as well as the different likelihood and severity of the risk to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.

    The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as access to, input of, disclosure of, ensuring the availability of and segregation of the data. We have also established procedures to ensure that data subjects' rights are exercised, that data is deleted and that we respond to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.

    Transfer of Personal Data

    In the course of our processing of personal data, it may happen that this data is transferred to or disclosed to other bodies, companies, legally independent organizational units or persons. The recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we observe the legal requirements and in particular conclude corresponding contracts or agreements that serve to protect your data with the recipients of your data.

    International Data Transfers

    Data processing in third countries: If we process data in a third country (i.e., outside the European Union (EU), the European Economic Area (EEA)) or if the processing takes place in the context of the use of services by third parties or the disclosure or transfer of data to other persons, bodies or companies, this will only take place in accordance with legal requirements. Unless the data protection level in the third country has been recognized by means of an adequacy decision (Art. 45 GDPR), data transfers will only take place if the data protection level is otherwise secured, in particular through standard contractual clauses (Art. 46 para. 2 lit. c) GDPR), express consent or in the case of contractual or legally required transfer (Art. 49 para. 1 GDPR). Incidentally, we will inform you of the basis of the third country transfer at the individual providers from the third country, with the adequacy decisions being given priority as bases. Information on third country transfers and existing adequacy decisions can be found in the information provided by the EU Commission: https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection_en?prefLang=de. As part of the so-called "Data Privacy Framework" (DPF), the EU Commission has also recognized the level of data protection for certain companies from the USA as secure within the framework of the adequacy decision of July 10, 2023. The list of certified companies as well as further information on the DPF can be found on the website of the US Department of Commerce at https://www.dataprivacyframework.gov/ (in English). We will inform you as part of the privacy notices which service providers we use are certified under the Data Privacy Framework.

    Disclosure of personal data abroad: In accordance with the Swiss DPA, we only disclose personal data abroad if adequate protection of the persons concerned is ensured (Art. 16 Swiss DPA). If the Federal Council has not established adequate protection (list: https://www.bj.admin.ch/bj/de/home/staat/datenschutz/internationales/anerkennung-staaten.html), we take alternative security measures. These may include international agreements, specific guarantees, data protection clauses in contracts, standard data protection clauses approved by the Federal Data Protection and Information Commissioner (FDPIC) or internal data protection regulations previously recognized by the FDPIC or a competent data protection authority of another country. According to Art. 16 of the Swiss DPA, exceptions for the disclosure of data abroad may be permitted if certain conditions are met, including consent of the data subject, contract processing, public interest, protection of life or physical integrity, publicly made data or data from a legally provided register. These disclosures are always made in accordance with legal requirements. As part of the so-called "Data Privacy Framework" (DPF), Switzerland has recognized the level of data protection for certain companies from the USA as secure within the framework of the adequacy decision of June 7, 2024. The list of certified companies as well as further information on the DPF can be found on the website of the US Department of Commerce at https://www.dataprivacyframework.gov/ (in English). We will inform you as part of the privacy notices which service providers we use are certified under the Data Privacy Framework.

    General Information on Data Storage and Deletion

    We delete personal data that we process in accordance with legal requirements as soon as the underlying consents are revoked or there are no other legal bases for processing. This applies to cases in which the original purpose of processing no longer applies or the data is no longer required. Exceptions to this rule exist if legal obligations or special interests require longer retention or archiving of the data.

    In particular, data that must be retained for commercial or tax reasons or whose storage is necessary for legal prosecution or to protect the rights of other natural or legal persons must be archived accordingly.

    Our privacy notices contain additional information on the retention and deletion of data that specifically apply to certain processing operations.

    In the case of multiple statements on the retention period or deletion deadlines for a piece of data, the longest period is always decisive.

    If a deadline does not explicitly start on a specific date and is at least one year, it automatically starts at the end of the calendar year in which the deadline-triggering event occurred. In the case of ongoing contractual relationships in the context of which data is stored, the deadline-triggering event is the time at which the termination or other termination of the legal relationship becomes effective.

    Data that is no longer stored for the originally intended purpose but due to legal requirements or other reasons will only be processed for the reasons that justify their retention.

    Further Notes on Processing Operations, Procedures and Services:

  • Retention and deletion of data: The following general deadlines apply to retention and archiving according to German law:

- 10 years - Retention period for books and records, annual financial statements, inventories, management reports, opening balance sheet as well as the work instructions and other organizational documents necessary for their understanding, accounting documents and invoices (Section 147 (3) in conjunction with (1) No. 1, 4 and 4a AO, Section 14b (1) UStG, Section 257 (1) No. 1 and 4, (4) HGB).

- 6 years - Other business records: received commercial or business letters, copies of sent commercial or business letters, other documents insofar as they are of importance for taxation, e.g. hourly wage slips, operating accounting sheets, calculation documents, price labels, but also payroll documents insofar as they are not already accounting documents and cash register receipts (Section 147 (3) in conjunction with (1) No. 2, 3, 5 AO, Section 257 (1) No. 2 and 3, (4) HGB).

- 3 years - Data that is necessary to take into account potential warranty and compensation claims or similar contractual claims and rights as well as to process related inquiries, based on previous business experience and usual industry practices, is stored for the duration of the regular statutory limitation period of three years (Sections 195, 199 BGB).

  • Retention and deletion of data: The following general deadlines apply according to Austrian law for retention and archiving:

- 10 years - Retention period for books and records, annual financial statements, inventories, management reports, opening balance sheets, accounting documents and invoices as well as all required work instructions and other organizational documents (Federal Tax Code (BAO Section 132), Commercial Code (UGB Sections 190-212)).

- 6 years - Other business documents: Commercial or business letters received, copies of commercial or business letters sent and other documents insofar as they are relevant for tax purposes. These include, for example, hourly wage slips, operating accounting sheets, calculation documents, price labels and payroll documents, provided they are not already accounting documents and cash register receipts (Federal Tax Code (BAO Section 132), Commercial Code (UGB Sections 190-212)).

- 3 years - Data that is necessary to take into account potential warranty and compensation claims or similar contractual claims and rights as well as to process related inquiries, based on previous business experience and usual industry practices, is stored for the duration of the regular statutory limitation period of three years (Sections 1478, 1480 ABGB).

  • Retention and deletion of data: The following general deadlines apply to retention and archiving under Swiss law:

- 10 years - Retention period for books and records, annual financial statements, inventories, management reports, opening balance sheets, accounting documents and invoices as well as all required work instructions and other organizational documents (Art. 958f of the Swiss Code of Obligations (OR)).

- 10 years - Data that is necessary to take into account potential compensation claims or similar contractual claims and rights, as well as for processing related inquiries, based on previous business experience and usual industry practices, is stored for the period of the statutory limitation period of ten years, unless a shorter period of five years is decisive, which is relevant in certain cases (Art. 127, 130 OR). Claims for rent, lease and capital interest as well as other periodic services, from the delivery of foodstuffs, for boarding and for debts owed to innkeepers, as well as from handicraft work, retail sale of goods, medical care, professional work by lawyers, legal agents, attorneys and notaries and from the employment relationship of employees expire after five years (Art. 128 OR).

Rights of Data Subjects

Rights of data subjects under the GDPR:

As a data subject, you have various rights under the GDPR, which arise in particular from Art. 15 to 21 GDPR:

  • Right to object: You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on Art. 6 para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions. Where personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing; this applies also to profiling to the extent that it is related to such direct marketing.
  • Right of withdrawal of consent: You have the right to withdraw consent at any time.
  • Right of access: You have the right to obtain confirmation as to whether or not personal data concerning you is being processed, and, where that is the case, access to the personal data and further information and a copy of the data in accordance with legal requirements.
  • Right to rectification: You have the right to obtain the completion of personal data concerning you or the rectification of inaccurate personal data concerning you in accordance with legal requirements.
  • Right to erasure and restriction of processing: You have the right to obtain the erasure of personal data concerning you without undue delay in accordance with legal requirements, or alternatively to obtain restriction of processing of the data in accordance with legal requirements.
  • Right to data portability: You have the right to receive personal data concerning you which you have provided to us in a structured, commonly used and machine-readable format in accordance with legal requirements or to request transmission to another controller.
  • Right to lodge a complaint with a supervisory authority: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

    • Rights of data subjects under the Swiss DPA:

    As a data subject, you have the following rights in accordance with the provisions of the Swiss DPA:

  • Right to information: You have the right to request confirmation as to whether personal data concerning you is being processed and to receive the information necessary for you to assert your rights under this Act and to ensure transparent data processing.
  • Right to data release or transfer: You have the right to request the release of your personal data that you have disclosed to us in a common electronic format.
  • Right to rectification: You have the right to request the rectification of inaccurate personal data concerning you.
  • Right to object, deletion and destruction: You have the right to object to the processing of your data and to request that personal data concerning you be deleted or destroyed.

    • Provision of Online Services and Web Hosting

    We process user data in order to be able to provide them with our online services. For this purpose, we process the user's IP address, which is necessary to transmit the content and functions of our online services to the user's browser or device.

  • Types of data processed: Usage data (e.g. page views and duration, click paths, intensity and frequency of use, types of devices and operating systems used, interactions with content and functions); Meta, communication and procedural data (e.g. IP addresses, time information, identification numbers, persons involved). Log data (e.g. log files concerning logins or data retrieval or access times).
  • Data subjects: Users (e.g. website visitors, users of online services).
  • Purposes of processing: Provision of our online services and user-friendliness; Information technology infrastructure (operation and provision of information systems and technical devices (computers, servers, etc.)). Security measures.
  • Storage and deletion: Deletion in accordance with information in the section "General information on data storage and deletion".
  • Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR).

    • Further Notes on Processing Operations, Procedures and Services:

  • Collection of access data and log files: Access to our online services is logged in the form of so-called "server log files". Server log files may include the address and name of the web pages and files accessed, date and time of access, data volumes transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page) and usually IP addresses and the requesting provider. The server log files can be used for security purposes, e.g. to avoid overloading the servers (especially in the event of abusive attacks, so-called DDoS attacks), and to ensure the utilization of the servers and their stability; Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR). Data deletion: Log file information is stored for a maximum of 30 days and then deleted or anonymized. Data whose further retention is necessary for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.

    • Contact and Inquiry Management

    When contacting us (e.g. by mail, contact form, email, telephone or via social media) as well as in the context of existing user and business relationships, the information provided by the requesting persons is processed insofar as this is necessary to respond to the contact requests and any requested measures.

  • Types of data processed: Inventory data (e.g. full name, residential address, contact information, customer number, etc.); Contact data (e.g. postal and email addresses or telephone numbers); Content data (e.g. textual or pictorial messages and contributions as well as information relating to them, such as information on authorship or time of creation); Usage data (e.g. page views and duration, click paths, intensity and frequency of use, types of devices and operating systems used, interactions with content and functions). Meta, communication and procedural data (e.g. IP addresses, time information, identification numbers, persons involved).
  • Data subjects: Communication partners.
  • Purposes of processing: Communication; Organizational and administrative procedures; Feedback (e.g. collecting feedback via online form). Provision of our online services and user-friendliness.
  • Storage and deletion: Deletion in accordance with information in the section "General information on data storage and deletion".
  • Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR). Contract performance and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b) GDPR).

    • Further Notes on Processing Operations, Procedures and Services:

  • Contact form: When contacting us via our contact form, by email or other means of communication, we process the personal data transmitted to us to respond to and process the respective request. This usually includes information such as name, contact information and, if applicable, other information that is communicated to us and is necessary for appropriate processing. We use this data exclusively for the stated purpose of contact and communication; Legal bases: Contract performance and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b) GDPR), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR).

    • Presence on Social Networks (Social Media)

    We maintain online presences within social networks and process user data in this context in order to communicate with users active there or to offer information about us.

    We would like to point out that user data may be processed outside the European Union. This may result in risks for users because, for example, it could make it more difficult to enforce users' rights.

    Furthermore, user data within social networks is usually processed for market research and advertising purposes. For example, usage profiles can be created based on usage behavior and the resulting interests of users. The latter may in turn be used to place advertisements within and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users' computers, in which the usage behavior and interests of the users are stored. Furthermore, data may also be stored in the usage profiles regardless of the devices used by the users (especially if they are members of the respective platforms and are logged in to them).

    For a detailed description of the respective forms of processing and the opt-out options, we refer to the privacy policies and information provided by the operators of the respective networks.

    Also in the case of requests for information and the assertion of data subject rights, we would like to point out that these can be asserted most effectively with the providers. Only the latter have access to the user data and can take appropriate measures and provide information directly. If you still need help, you can contact us.

  • Types of data processed: Contact data (e.g. postal and email addresses or telephone numbers); Content data (e.g. textual or pictorial messages and contributions as well as information relating to them, such as information on authorship or time of creation). Usage data (e.g. page views and duration, click paths, intensity and frequency of use, types of devices and operating systems used, interactions with content and functions).
  • Data subjects: Users (e.g. website visitors, users of online services).
  • Purposes of processing: Communication; Feedback (e.g. collecting feedback via online form). Public relations.
  • Storage and deletion: Deletion in accordance with information in the section "General information on data storage and deletion".
  • Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR).

    • Further Notes on Processing Operations, Procedures and Services:

  • LinkedIn: Social network - We are jointly responsible with LinkedIn Ireland Unlimited Company for the collection (but not the further processing) of visitor data used to create the "Page Insights" (statistics) of our LinkedIn profiles. This data includes information about the types of content users view or interact with, as well as the actions they take. Details about the devices used are also collected, such as IP addresses, operating system, browser type, language settings and cookie data, as well as information from user profiles, such as job function, country, industry, seniority, company size and employment status. Privacy information on LinkedIn's processing of user data can be found in LinkedIn's privacy policy: https://www.linkedin.com/legal/privacy-policy.

We have entered into a special agreement with LinkedIn Ireland ("Page Insights Joint Controller Addendum", https://legal.linkedin.com/pages-joint-controller-addendum), which in particular regulates which security measures LinkedIn must observe and in which LinkedIn has agreed to fulfill the rights of data subjects (i.e. users can address requests for information or deletion directly to LinkedIn). The rights of users (in particular the right to information, deletion, objection and complaint to the competent supervisory authority) are not restricted by the agreements with LinkedIn. The joint responsibility is limited to the collection and transmission of data to LinkedIn Ireland Unlimited Company, a company based in the EU. Further processing of the data is the sole responsibility of LinkedIn Ireland Unlimited Company, particularly with regard to the transmission of data to the parent company LinkedIn Corporation in the USA; Service provider: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland; Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR); Website: https://www.linkedin.com; Privacy policy: https://www.linkedin.com/legal/privacy-policy; Basis for third country transfers: EU/EEA - Data Privacy Framework (DPF), Switzerland - Adequacy decision (Ireland). Opt-out option: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

Changes and Updates

We ask you to regularly inform yourself about the content of our privacy policy. We adapt the privacy policy as soon as changes in the data processing we carry out make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.

If we provide addresses and contact information of companies and organizations in this privacy policy, please note that the addresses may change over time and please check the information before contacting us.

Definitions

This section provides you with an overview of the terms used in this privacy policy. To the extent that the terms are defined by law, their legal definitions apply. The following explanations, on the other hand, are primarily intended to aid understanding.

  • Inventory data: Inventory data includes essential information necessary for the identification and management of contractual partners, user accounts, profiles and similar assignments. This data may include personal and demographic information such as names, contact information (addresses, telephone numbers, email addresses), dates of birth and specific identifiers (user IDs). Inventory data forms the basis for any formal interaction between people and services, facilities or systems by enabling clear assignment and communication.
  • Content data: Content data includes information generated in the course of creating, editing and publishing content of all kinds. This category of data can include text, images, videos, audio files and other multimedia content published on various platforms and media. Content data is not limited to the actual content, but also includes metadata that provides information about the content itself, such as tags, descriptions, author information and publication dates.
  • Contact data: Contact data is essential information that enables communication with people or organizations. They include telephone numbers, postal addresses and email addresses, as well as means of communication such as social media handles and instant messaging identifiers.
  • Meta, communication and procedural data: Meta, communication and procedural data are categories that contain information about how data is processed, transmitted and managed. Metadata, also known as data about data, includes information that describes the context, origin and structure of other data. They can include information on file size, creation date, author of a document and change histories. Communication data captures the exchange of information between users via various channels, such as email traffic, call logs, messages on social networks and chat histories, including the people involved, timestamps and transmission paths. Procedural data describes the processes and procedures within systems or organizations, including workflow documentation, logs of transactions and activities, and audit logs used to track and verify operations.
  • Usage data: Usage data refers to information that captures how users interact with digital products, services or platforms. This data includes a wide range of information that shows how users use applications, which functions they prefer, how long they stay on certain pages and which paths they navigate through an application. Usage data can also include frequency of use, timestamps of activities, IP addresses, device information and location data. They are particularly valuable for analyzing user behavior, optimizing user experiences, personalizing content and improving products or services. In addition, usage data plays a crucial role in identifying trends, preferences and potential problem areas within digital offerings.
  • Personal data: "Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); an identifiable natural person is one who 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 (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  • Log data: Log data is information about events or activities that have been logged in a system or network. This data typically includes information such as timestamps, IP addresses, user actions, error messages and other details about the use or operation of a system. Log data is often used to analyze system problems, for security monitoring or to create performance reports.
  • Controller: The "controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
  • Processing: "Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and covers virtually any handling of data, be it collection, evaluation, storage, transmission or deletion.