Privacy

Data protection declaration in accordance with the Federal Data Protection Act (revDSG) and the EU General Data Protection Regulation (DSGVO)


I. Name and address of the person responsible

The responsible party within the meaning of the Federal Data Protection Act (revDSG) and the General Data Protection Regulation (DSGVO) and other national data protection laws of the member states (EU) as well as other data protection regulations is:

MBC Associate AG
Markus Breuer
Graben 5
6300 ZUG
Switzerland
Tel.: +41 41 784 23 00
E-mail: reception@mbca.swiss
Website: www.mbca.swiss

II. General information on data processing

1. Scope of the processing of personal data

As a matter of principle, we only process personal data of our users insofar as this is necessary for the provision of a functional website as well as our contents and services. As a rule, the processing of personal data of our users only takes place with the consent of the user. An exception applies in those cases in which it is not possible to obtain prior consent for actual/objective reasons and the processing of the data is permitted by legal regulations.

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6 Para. 6,7 revDSG and Art. 6 Para. 1 lit. a EU Basic Data Protection Regulation (DSGVO) serve as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 revDSG and Art. 6 para. 1 lit. b DSGVO serve as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.

Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 revDSG and Art. 6 para. 1 lit. c DSGVO serve as the legal basis.

In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6 revDSG and Art. 6 para. 1 lit. d DSGVO serve as the legal basis.

If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 revDSG and Art. 6 para. 1 lit. f DSGVO serve as the legal basis for the processing.

3. Data deletion and storage period

The personal data of the data subject shall be deleted or blocked as soon as the purpose of the storage ceases to apply. Storage may take place in addition if this has been provided for by the Swiss legislator or European legislator or in EU regulations, laws or other provisions to which the person responsible is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the conclusion or performance of a contract.

III. Provision of the website and creation of log files

1. Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.

The following data is collected:

(1) The IP address of the user
(2) Date and time of access

The data is also stored in the log files of our system. Not affected by this are the IP addresses of the user or other data that allow the data to be assigned to a user. This data is not stored together with other personal data of the user.

2. Legal basis for data processing

If IP addresses are stored in log files:

The legal basis for the temporary storage of the data and the log files is Art. 7 revDSG and Art. 6 para. 1 lit. f. DSGVO

3. Purpose of the data processing

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the IP address of the user must remain stored for the duration of the session.

4. Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

5. Possibility of objection and removal

The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the trouble-free operation of the website. Consequently, there is no possibility for the user to object.

IV. Use of cookies

a) Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user’s computer system. When a user calls up a website, a cookie may be stored on the user’s operating system. This cookie contains a character string that enables the browser to be uniquely identified when the website is called up again.

If there is a use of technically necessary cookies:

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

The following is a list of the data stored. Examples can be:

(1) Browser type and version
(2) Operating system used
(3) Referrer URL
(4) Host name of the accessing computer (5) Time of the server request
(6) IP address

If, in addition, there is a use of technically unnecessary cookies:

We also use cookies on our website that enable an analysis of the user’s surfing behaviour.

The following data can be transmitted in this way:

The following is a list of the data collected. These can be, for example:

(1) Search terms entered
(2) Frequency of page views
(3) Use of website functions

This data is collected on the basis of Art. 6 Para. 1 lit. f DSGVO.

Therefore, if consent is not obtained from the user before the technically unnecessary cookies are set and retrieved:

The user data collected in this way is pseudonymised by technical precautions. Therefore, it is no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the users.

When accessing our website, users are informed by an information banner about the use of cookies for analysis purposes and referred to this data protection declaration. In this context, there is also an indication of how the storage of cookies can be prevented in the browser settings.

When calling up our website, the user is informed about the use of cookies for analysis purposes and his or her consent to the processing of personal data used in this context is obtained. In this context, a reference to this data protection declaration is also made.

b) Legal basis for data processing

If only a use of technically necessary cookies takes place or a use of technically necessary cookies and technically unnecessary cookies takes place without obtaining the user’s prior consent:

The legal basis for the processing of personal data using cookies is Art. 7 revDSG and Art. 6 para. 1 lit. f DSGVO.

c) Purpose of the data processing

If there is a use of technically necessary cookies:

The purpose of the use of technically necessary cookies is to ensure the technically troublefree and error-free use of the website as well as the optimisation of the website.

The user data collected through technically necessary cookies are not used to create user profiles.

d) Duration of storage, possibility of objection and elimination

Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website to their full extent.

V. Data collection and processing

1. Description and scope of data processing the

following data is collected during registration:

(1) IP address of the calling computer
(2) Date and time of registration
(3) Internet browser
(4) Operating system

For the processing of data, reference is made to this data protection declaration during the registration process.

2. Legal basis for data processing

The legal basis for the processing of data after registration by the user is Art. 6 revDSG and Art. 6 para. 1 lit. a DSGVO.

3. Purpose of the data processing

The collection of personal data as part of the registration process serves to satisfy the legitimate interest of the website operator in a trouble-free and error-free presentation and optimisation of its website.

4. Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected.

5. Possibility of objection and removal

You can revoke an already given consent to data processing at any time. An informal email to MBC Associate AG is sufficient for this purpose. The data collected up to the time of the revocation and its legality remain unaffected.

VI. E-mail contact

1. Description and scope of data processing

On our website, users can contact us electronically via our email address. If a user takes advantage of this option, the data entered in the email is transmitted to us and stored. These data are:

(1) Email address
(2) Name and first name
(3) Date
(4) Request

In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.

2. Legal basis for data processing

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 revDSG and Art. 6 para. 1 lit. f DSGVO. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.

3. Purpose of the data processing

The processing of data from email correspondence is stored for the purpose of contacting the potential client / customer. This data is stored by us and kept until the client / customer requests us to delete it. This does not affect storage on the basis of statutory provisions, in particular statutory retention periods.

4. Duration of storage

The data of the email traffic will be stored permanently until the client / customer requests deletion.

5. Possibility of objection and removal

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he or she can object to the storage of his or her personal data at any time. In such a case, the conversation cannot be continued.

The user can object to the processing and storage of his/her personal data at any time by sending an informal email to MBC Associate AG.

All personal data stored in the course of contacting us will be deleted in this case.

VII. Web analysis through Google Analytics

1. Scope of the processing of personal data

We use the Google Analytics software tool “demographic characteristics” on our website to analyse the age, gender and interests of our users. The software sets a cookie on the user’s computer (for cookies, see above). If individual pages of our website are called up, the following data is stored:

(1) IP address of the calling system of the user
(2) The accessed web page
(3) The website from which the user has reached the accessed website (referrer) (4) The subpages that are accessed from the accessed webpage
(5) The length of stay on the website
(6) The frequency with which the website is accessed

The software runs exclusively on the servers of our website. Personal data of the users is only stored there. The data is not passed on to third parties.

2. Legal basis for the processing of personal data

The legal basis for the processing of the users’ personal data is Art. 6 revDSG and Art. 6 para. 1 lit. f DSGVO.

3. Purpose of the data processing

The processing of users’ personal data enables us to analyse the surfing behaviour of our users. By evaluating the data obtained, we are able to compile information about the use of the individual components of our website. This helps us to constantly improve our website in terms of our MBC Associate AG improve our range of services. These purposes are also our legitimate interest in processing the data according to Art. 6 revDSG and Art. 6 para. 1 lit. f DSGVO.

4. Duration of storage

The data is deleted as soon as it is no longer required for our recording purposes. However, after 30 days at the latest.

5. Possibility of objection and removal Cookies are stored on the user’s computer and transmitted from it to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website to their full extent.

VIII. Rights of the data subject

The following list includes all rights of the data subjects according to rev DSG and DSGVO. Rights that are not relevant to your own website do not need to be mentioned.

If your personal data is processed, you are a data subject within the meaning of the revDSG and DSGVO and you have the following rights vis-à-vis the controller:

1. Right to information

You may request confirmation from the controller as to whether personal data relating to you is being processed by us.

If there is such processing, you can request information from the controller about the following:

(1) the purposes for which the personal data are processed
(2) the categories of personal data which are processed
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed
(4) the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for the determination of the storage duration
(5) the existence of a right to rectify or erase personal data concerning you, a right to have processing restricted by the controller or a right to object to such processing
(6) the existence of a right of appeal to the Federal Data Protection and Information Commissioner (FDPIC) or to a supervisory authority (EU)
(7) any available information on the origin of the data if the personal data are not collected from the data subject
(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information on whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 of the GDPR in connection with the transfer.

2. Right of rectification

You have a right of rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.

3. Right to restrict processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data
(2) the processing is unlawful and you refuse the erasure of the personal data and instead request the restriction of the use of the personal data
(3) the controller no longer needs the personal data for the purposes of processing, but you need it for the assertion, exercise or defence of legal claims, or
(4) if you have objected to the processing pursuant to Art. 21 (1) DSGVO and it has not yet been determined whether the legitimate reasons of the controller outweigh your reasons.

If the processing of personal data relating to you has been restricted, this data may – apart from being stored – only be processed with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of Switzerland and the Union or a Member State.

If the restriction of processing has become effective under the above conditions, you will be informed by the controller before the restriction is lifted.

4. Right to erasure

a) Obligation to delete

You may request the controller to delete the personal data concerning you without delay and the controller is obliged to delete this data without delay if one of the following reasons applies:

(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Art. 6 revDSG and Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DSGVO and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) DSGVO.
(4) The personal data concerning you has been processed unlawfully.
(5) The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Swiss or EU law or the law of the EU Member States to which the controller is subject.
(6) The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8 (1) DSGVO.

b) Information to third parties

If the controller has made the personal data relating to you public and is obliged to erase it pursuant to Article 6(5) and Article 17(1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.

c) Exceptions

The right to erasure does not exist insofar as the processing is necessary

(1) on the exercise of the right to freedom of expression and information
(2) for compliance with a legal obligation which requires processing under Swiss or EU law or the law of the EU Member States to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
(3) for reasons of public interest in the area of public health pursuant to Art. 9 (2) (h) and (i) and Art. 9 (3) DSGVO
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, where the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or
(5) for the assertion, exercise or defence of legal claims.

5. Right to information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of the data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed of these recipients by the controller.

6. Right to data portability

You have the right to obtain the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data has been provided, provided that

(1) the processing is based on consent pursuant to Art. 6 para. 7 and Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and
(2) the processing is carried out with the aid of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. This must not affect the freedoms and rights of other persons.

The right to data portability shall not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6 revDSG and Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the enforcement, exercise or defence of legal claims.

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the possibility, in connection with the use of information society services – notwithstanding EU Directive 2002/58/EC – to exercise your right to object by means of automated procedures using technical specifications.

8. Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

9. Automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
This shall not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and the person responsible,
(2) is permitted by legislation of Switzerland of the EU or of the EU Member States to which the controller is subject and such legislation contains appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, or
(3) is done with your express consent

However, these decisions must not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms of, and the legitimate interests of, the data subject, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

10. Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with the FDPIC, a supervisory authority, in particular in the respective EU Member State of your place of residence, place of work or place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the revDSG and/or DSGVO.

The FDPIC or the supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

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