Data Protection Declaration

The German version of these provisions is authoritative.

Responsible authority in the sense of the data protection laws is:

Aglaja GmbH
Jeannine Wäckerlin
Bernstrasse 30
3110 Münsingen

Phone: +41 33 438 34 32
Email: info@aglaja.ch
Website: https://www.aglaja.ch

General notice

Based on Article 13 of the Swiss Federal Constitution and the data protection regulations of the Swiss Confederation (Data Protection Act, DSG), every person has the right to protection of his or her privacy as well as protection against 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 legal data protection regulations as well as this data protection declaration.

In cooperation with our hosting providers, we make every effort to protect the databases as good as possible against unauthorized access, loss, misuse or falsification.

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

By using this website, you consent to the collection, processing and use of data in accordance with the following description. This website can generally be visited without registration. Data such as pages accessed or names of files accessed, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or e-mail address are collected as far as possible on a voluntary basis. Without your consent, the data will not be passed on to third parties.

Processing of personal data

Personal data is any information that relates to an identified or identifiable person. A data subject is a identified or identifiable natural person, whose personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, acquisition, deletion, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law and 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 the processing accordingly.

Security measures

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

The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as access to, entry into, disclosure of, assurance of availability of and segregation of the data. Furthermore, we have established procedures to ensure the exercise of data subjects'rights, the deletion of data, and responses to data compromise. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.

Transmission of personal data

In the course of our processing of personal data, it may happen that the data is transferred to or disclosed to other bodies, companies, legally independent organizational units or persons. 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 comply with the legal requirements and, in particular, conclude appropriate contracts or agreements that serve to protect your data with the recipients of your data.

Privacy policy for cookies

This website uses cookies. Cookies are text files that contain data from visited websites or domains and are stored by a browser on the user's computer. The primary purpose of a cookie is to store information about a user during or after their visit within an online service. Stored information may include, for example, language settings on a website, login status, a shopping cart or where a video was watched. The term cookie also includes other technologies that perform the same functions as cookies (e.g. where user details are stored using pseudonymous online identifiers, also known as "user IDs").

The following cookie types and functions are distinguished:

Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed his browser.
Permanent cookies: Permanent cookies remain stored even after the browser is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the interests of users used for range measurement or marketing purposes can be stored in such a cookie.
First-party cookies: First-party cookies are set by ourselves.
Third-party cookies: Third-party cookies are mainly used by advertisers (so-called third parties) to process user information.
Necessary (also: essential or absolutely necessary) cookies: Cookies may be absolutely necessary for the operation of a website (e.g. to store logins or other user input or for security reasons).
Statistical, marketing and personalisation cookies: Furthermore, cookies are usually also used in the context of range measurement and when a user's interests or behaviour (e.g. viewing certain content, using functions, etc.) on individual websites are stored in a user profile. Such profiles are used, for example, to show users content that matches their potential interests. This procedure is also referred to as "tracking", i.e. tracking the potential interests of users. Insofar as we use cookies or "tracking" technologies, we will inform you separately in our data protection declaration or in the context of obtaining consent.

Notes on legal basis: The legal basis on which we process your personal data using cookies depends on whether we ask you for consent. If this is the case and you consent to the use of cookies, the legal basis for the processing of your data is the consent given. Otherwise, the data processed with the help of cookies is processed on the basis of our legitimate interests (e.g. in the business operation of our online offer and its improvement) or if the use of cookies is necessary to fulfil our contractual obligations.

Storage period: If we do not provide you with explicit information on the storage period of permanent cookies (e.g. in the context of a so-called cookie opt-in), please assume that the storage period can be up to two years.

General information on revocation and objection (opt-out): Depending on whether the processing is based on consent or legal permission, you have the option at any time to revoke any consent you have given or to object to the processing of your data by cookie technologies (collectively referred to as "opt-out"). You can initially declare your objection by means of your browser settings, e.g. by deactivating the use of cookies (whereby this may also restrict the functionality of our online offer). An objection to the use of cookies for online marketing purposes can also be made by means of a variety of services, especially in the case of tracking, via the websites https://optout.aboutads.info and https://www.youronlinechoices.com. In addition, you can obtain further instructions on how to object in the context of the information on the service providers and cookies used.

Processing of cookie data on the basis of consent: We use a cookie consent management procedure, in the context of which the consent of users to the use of cookies, or the processing and providers named in the cookie consent management procedure, can be obtained and managed and revoked by users. The declaration of consent is stored in order not to have to repeat the request and to be able to prove the consent in accordance with the legal obligation. The storage can take place on the server side and/or in a cookie (so-called opt-in cookie or with the help of comparable technologies) in order to be able to assign the consent to a user or their device. Subject to individual information on the providers of cookie management services, the following information applies: The duration of the storage of consent can be up to two years. A pseudonymous user identifier is created and stored with the time of consent, information on the scope of consent (e.g. which categories of cookies and/or service providers) and the browser, system and end device used.

Types of data processed: Usage data (e.g. websites visited, interest in content, access times), Meta/communication data (e.g. device information, IP addresses).
Data subjects: Users (e.g. website visitors, users of online services).
Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a. DSGVO), Legitimate Interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).

Privacy policy for SSL/TLS encryption

This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content, such as enquiries that you send to us as the site operator. You can recognise 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.

Privacy policy for 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 concrete indications of illegal use.

Third party services

This website uses Google Maps for embedding maps and YouTube for embedding videos.

These services of the American Google LLC use cookies, among other things, and as a result, data is transferred to Google in the USA, although we assume that no personal tracking takes place in this context solely through the use of our website.

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

Further information can be found in Google privacy policy.

Privacy policy for contact form

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

Privacy policy for newsletter data

With the newsletter we inform you about us and our offers. You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time. The revocation can be made via a link in the newsletters themselves or by sending a message to the contact option above.

Rights of data subjects

Right to confirmation

Every data subject has the right to request confirmation from the website operator as to whether personal data concerning him or her are being processed. If you wish to exercise this right of confirmation, you may contact the data protection officer at any time.

Right of access

Any person concerned by the processing of personal data has the right to receive information free of charge from the operator of this website about the personal data stored about him or her and a copy of this information. Furthermore, information may be provided on the following, if applicable:

the purposes of processing
the categories of personal data processed
the recipients to whom the personal data have been or will be disclosed
if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
the existence of the right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or the right to object to such processing
the existence of a right of appeal to a supervisory authority
if the personal data are not collected from the data subject: Any available information on the origin of the data.

Furthermore, the data subject has the right to be informed whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in connection with the transfer.

If you would like 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 the rectification without delay of inaccurate personal data relating to him or her. Furthermore, 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 would like to make use of this right of rectification, you can contact our data protection officer at any time.

Right to erasure (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 without delay of personal data concerning him or her, if one of the following reasons applies and insofar as the processing is not necessary:

The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.
The data subject withdraws his or her consent on which the processing was based and there is no other legal basis for the processing
The data subject objects to the processing on reasons relating to his or her particular situation and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing in the case of direct marketing and related profiling
The personal data have been processed unlawfully
The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject
The personal data has been collected in relation to information society services provided directly to a child

If one of the above reasons applies and you wish to arrange for 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 arrange for the deletion request to be complied with immediately.

Right to restriction of processing

Any person concerned by the processing of personal data has the right to obtain from the controller of this website the restriction of processing if 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 data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data
The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it to assert, exercise or defend legal claims
The data subject has objected to the processing on reasons relating to his or her particular situation, and it is not yet clear whether the legitimate reasons of the controller override those of the data subject

If one of the aforementioned conditions is met, and you wish to request the restriction of personal data stored by the operator of this website, you may at any time contact our data protection officer. The data protection officer of this website will arrange the restriction of the 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, common and machine-readable format. He or she also has the right to have this data transferred to another controller if the legal requirements are met.

Furthermore, the data subject has the right to obtain that the personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that the rights and freedoms of other persons are not affected thereby.

In order to assert the right to data portability, you may at any time contact the data protection officer appointed by the operator of this website.

Right to object

Any person concerned by the processing of personal data has the right to object at any time, on reasons relating to his or her particular situation, to the processing of personal data concerning him or her.

The operator of this website shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate reasons for the processing which override the interests, rights and freedoms of the data subject, or if the processing serves the assertion, exercise or defence of legal claims.

To exercise the right to object, you may directly contact the Data Protection Officer of this website.

Right to revoke a data protection consent

Any person concerned by the processing of personal data has the right to revoke a given 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.

Use of Google Maps

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

Google Ads

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

If you do not wish to participate in the tracking, you can reject the setting of a cookie required for this - for example, by means of a browser setting that generally deactivates the automatic setting of cookies or by setting your browser in such a way that cookies from the domain "googleleadservices.com" are blocked.

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

Use of Google Remarketing

This website uses the remarketing function of Google Inc. The function is used to present interest-based advertisements to website visitors within the Google advertising network. A so-called "cookie" is stored in the browser of the website visitor, which makes it possible to recognise the visitor when he or she visits websites that belong to the Google advertising network. On these sites, the visitor can be presented with advertisements that relate to content that the visitor has previously accessed on websites that use Google's remarketing function.

According to its own information, Google does not collect any personal data during this process. However, if you do not wish to use Google's remarketing function, you can deactivate it in principle by making the appropriate settings at http://www.google.com/settings/ads. Alternatively, you can deactivate the use of cookies for interest-based advertising via the advertising network initiative by following the instructions at http://www.networkadvertising.org/managing/opt_out.asp.

Privacy policy for Google Analytics

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

The statistics obtained enable us to improve our offer and make it more interesting for you as a user. This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. If you have a Google user account, you can deactivate the cross-device analysis of your usage in the settings there under "My data", "Personal data".

The legal basis for the use of Google Analytics is Art. 6 para. 1 p. 1 lit. f DS-GVO. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. We would like to point out that on this website Google Analytics has been extended by the code "_anonymizeIp();" in order to ensure anonymised collection of IP addresses. This means that IP addresses are processed in abbreviated form, thus excluding the possibility of personal references. If the data collected about you is related to a person, this is immediately excluded and the personal data is deleted immediately.

Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator.

Google Analytics uses cookies. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. In addition, you can prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available under the following link: Deactivate Google Analytics.

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

Privacy policy for the use of Google Web Fonts

This website uses so-called web fonts provided by Google for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into its browser cache in order to display texts and fonts correctly. If your browser does not support web fonts, a standard font will be used by your computer.
You can find more information about Google Web Fonts at https://developers.google.com/fonts/faq and in Google's privacy policy: https://www.google.com/policies/privacy/.

Google Tag Manager

Google Tag Manager is a solution with which we can manage so-called website tags via an interface and thus integrate, for example, Google Analytics and other Google marketing services into our online offering. The tag manager itself, which implements the tags, does not process any personal data of the users. With regard to the processing of users' personal data, please refer to the following information on Google services.
Usage guidelines: https://www.google.com/intl/de/tagmanager/use-policy.html.

Privacy policy for Facebook

This website uses functions of Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA . When you call up our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. In the process, data is already transmitted to Facebook. If you have a Facebook account, this data can be linked to it. If you do not wish this data to be associated with your Facebook account, please log out of Facebook before visiting our site. Interactions, in particular the use of a comment function or the clicking of a "Like" or "Share" button, are also passed on to Facebook.

You can find out more at https://www.facebook.com/privacy/policy/.

Privacy policy for Instagram

Functions of the Instagram service are integrated on our website. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate the visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Instagram.

For more information, please see Instagram's privacy policy: http://instagram.com/about/legal/privacy.

Privacy policy for YouTube

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

Your legal agreement with "YouTube" consists of the terms and conditions found at the following link: https://www.youtube.com/static?gl=GB&template=terms&hl=EN. These terms constitute a legally binding agreement between you and YouTube regarding your use of the Services. Google's privacy policy explains how YouTube treats and protects your personal data when you use the service.

Order processing in the online shop

We process the data of our customers in accordance with the data protection provisions of the Swiss Confederation (Data Protection Act, DSG) and, if applicable, the EU-DSGVO, as part of the ordering processes in our online shop in order to enable you to select and order the selected products and services, as well as their payment and delivery or execution.

The data processed includes master data (inventory data), communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing is carried out for the purpose of providing contractual services within the scope of operating an online shop, billing, delivery and customer services. In this context, we use session cookies, e.g. for storing the contents of the shopping cart.

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

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

The use of your data for our own advertising purposes for similar goods and services is not excluded. You can object to this use at any time.

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

Note on data transfer to the USA

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

Changes

We may amend this data protection declaration at any time without prior notice. The current version published on our website applies. Insofar as the data protection declaration is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.

General disclaimer of liability

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 up-to-dateness of information, including journalistic and editorial information. Liability claims arising from damage of a material or non-material nature, caused by the use of any information provided, will therefore be rejected, insofar as no demonstrably intentional or grossly negligent fault exists.

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

The publisher also accepts no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked sites are solely responsible for their content. The publisher thus expressly distances itself from all third-party content that may be relevant under criminal or liability law or that may offend common decency.

Questions for the data protection officer

If you have any questions about data protection, please email us or contact the data protection officer in our organisation listed at the beginning of this data protection declaration directly.

Last updated: 15 July 2022
Source: SwissAnwalt (German Version)