Inhalt

A. Privacy policy
B. Contract for commissioned data processing

A. Privacy policy

In this privacy policy, we provide information about which personal data we process in connection with our activities and operations, including our docuteam.ch website. In particular, we provide information on why, how and where we process which personal data. We also provide information about the rights of persons whose data we process.

Further data protection declarations and other legal documents such as General Terms and Conditions (GTC), Terms of Use or Conditions of Participation may apply to individual or additional activities and operations.

We are subject to Swiss data protection law as well as any applicable foreign data protection law, in particular that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognizes that Swiss data protection law ensures adequate data protection.

1. Contact addresses

Responsibility for the processing of personal data:

If in individual cases there are other controllers for the processing of personal data, we will point this out.

1.1 Data protection officer

We have the following data protection officer as a point of contact for data subjects and as a point of contact for supervisory authorities in the event of data protection queries:

1.2 Data protection representation in the European Economic Area (EEA)

We have the following data protection representation pursuant to Art. 27 GDPR. The data protection representative serves as an additional point of contact for supervisory authorities and data subjects in the European Union (EU) and the rest of the European Economic Area (EEA) for inquiries in connection with the General Data Protection Regulation (GDPR):

2. Terms and legal basis

2.1 Definitions

Personal data is any information relating to an identified or identifiable person. A data subject is a person about whom personal data is processed.

Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, collection, deletion, storage, modification, destruction and use of personal data.

The European Economic Area (EEA) comprises the member states of the European Union (EU) as well as the Principality of Liechtenstein, Iceland and Norway. The General Data Protection Regulation (GDPR) refers to the processing of personal data as the processing of personal data.

2.2 Legal bases

We process personal data in accordance with Swiss data protection law, in particular the Federal Act on Data Protection (FADP) and the Ordinance to the Federal Act on Data Protection (OFADP).

If and insofar as the General Data Protection Regulation (GDPR) is applicable, we process personal data in accordance with at least one of the following legal bases:

  • Art. 6 para. 1 lit. b GDPR for the necessary processing of personal data for the performance of a contract with the data subject and for the implementation of pre-contractual measures.
  • Art. 6 para. 1 lit. f GDPR for the necessary processing of personal data in order to protect the legitimate interests of us or third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests are, in particular, our interest in being able to carry out our activities and operations in a permanent, user-friendly, secure and reliable manner and to communicate about them, to ensure information security, to protect against misuse, to enforce our own legal claims and to comply with Swiss law.
  • Art. 6 para. 1 lit. c GDPR for the necessary processing of personal data to fulfill a legal obligation to which we are subject under any applicable law of member states in the European Economic Area (EEA).
  • Art. 6 para. 1 lit. e GDPR for the processing of personal data necessary for the performance of a task carried out in the public interest.
  • Art. 6 para. 1 lit. a GDPR for the processing of personal data with the consent of the data subject.
  • Art. 6 para. 1 lit. d GDPR for the necessary processing of personal data in order to protect the vital interests of the data subject or another natural person.

3. Nature, scope and purpose

We process the personal data required to carry out our activities and operations in a permanent, user-friendly, secure and reliable manner. Such personal data may fall into the categories of inventory and contact data, browser and device data, content data, meta or marginal data and usage data, location data, sales data as well as contract and payment data.

We process personal data for the duration required for the respective purpose(s) or as required by law. Personal data that no longer needs to be processed is anonymized or deleted.

We may have personal data processed by third parties. We may process personal data jointly with third parties or transfer it to third parties. Such third parties are, in particular, specialized providers whose services we use. We also guarantee data protection for such third parties.

We only process personal data with the consent of the data subject, unless the processing is permitted for other legal reasons. Processing without consent may be permissible, for example, for the performance of a contract with the data subject and for corresponding pre-contractual measures in order to protect our overriding legitimate interests, because the processing is evident from the circumstances or after prior information.

In this context, we process in particular information that a data subject voluntarily provides to us when contacting us – for example by post, email, instant messaging, contact form, social media or telephone – or when registering for a user account. We may store such data in an address book, in a customer relationship management system (CRM system) or with comparable tools, for example. If we receive data about other persons, the transmitting persons are obliged to guarantee data protection for these persons and to ensure the accuracy of this personal data.

We also process personal data that we receive from third parties, obtain from publicly accessible sources or collect in the course of our activities and operations, if and to the extent that such processing is permitted for legal reasons.

4. Personal data abroad

We generally process personal data in Switzerland and the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular in order to process it or have it processed there.

We may export personal data to all countries and territories on earth and elsewhere in the universe, provided that the local law guarantees adequate data protection in the opinion of the Federal Data Protection and Information Commissioner (FDPIC) or in accordance with a decision of the Swiss Federal Council and – if and insofar as the General Data Protection Regulation (GDPR) is applicable – in accordance with a decision of the European Commission.

We may transfer personal data to countries whose law does not guarantee adequate data protection, provided that data protection is guaranteed for other reasons, in particular on the basis of standard data protection clauses or with other suitable guarantees. Exceptionally, we may export personal data to countries without adequate or appropriate data protection if the special requirements under data protection law are met, for example the express consent of the data subjects or a direct connection with the conclusion or execution of a contract. Upon request, we will be happy to provide data subjects with information about any guarantees or provide a copy of guarantees.

5. Rights of data subjects

Data subjects about whom we process personal data have rights under Swiss data protection law. These include the right to information and the right to rectification, erasure or blocking of the processed personal data.

Data subjects whose personal data we process may – if and insofar as the General Data Protection Regulation (GDPR) is applicable – request confirmation free of charge as to whether we are processing personal data concerning them. In this case, data subjects can request information about the processing of their personal data, have the processing of their personal data restricted, exercise their right to data portability and have their personal data rectified, erased (“right to be forgotten”), blocked or completed.

Data subjects whose personal data we process can – if and insofar as the GDPR is applicable – withdraw their consent at any time with effect for the future and object to the processing of their personal data at any time.

Data subjects whose personal data we process have the right to lodge a complaint with a competent supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

6. Data security

We take suitable technical and organizational measures to ensure data security appropriate to the respective risk. However, we cannot guarantee absolute data security.

Our website is accessed using transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated to HTTPS). Most browsers indicate transport encryption with a padlock in the address bar.

Our digital communication – like all digital communication in general – is subject to mass surveillance without cause or suspicion and other surveillance by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We cannot directly influence the corresponding processing of personal data by secret services, police forces and other security authorities.

7. Use of the website

7.1 Cookies

We may use cookies. Cookies – our own cookies (first-party cookies) as well as cookies from third parties whose services we use (third-party cookies) – are data that are stored in the browser. Such stored data need not be limited to traditional cookies in text form.

Cookies can be stored in the browser temporarily as “session cookies” or for a certain period of time as so-called permanent cookies. “Session cookies” are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. In particular, cookies make it possible to recognize a browser the next time it visits our website and thus, for example, to measure the reach of our website. However, permanent cookies can also be used for online marketing, for example.

Cookies can be completely or partially deactivated and deleted at any time in the browser settings. Without cookies, our website may no longer be fully available. We actively request your express consent to the use of cookies – at least if and insofar as necessary.

For cookies that are used to measure success and reach or for advertising, a general objection (“opt-out”) is possible for numerous services via AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

7.2 Server log files

We may collect the following information for each access to our website, provided that this information is transmitted by your browser to our server infrastructure or can be determined by our web server: Date and time including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including amount of data transferred, last website accessed in the same browser window (referer or referrer).

We store such information, which may also constitute personal data, in server log files. The information is required to provide our website in a permanent, user-friendly and reliable manner and to ensure data security and thus in particular the protection of personal data – also by third parties or with the help of third parties.

7.3 Tracking pixels

We may use tracking pixels on our website. Tracking pixels are also known as web beacons. Tracking pixels – including those from third parties whose services we use – are small, usually invisible images that are automatically retrieved when you visit our website. Tracking pixels can be used to collect the same information as server log files.

8. Social Media

We are present on social media platforms and other online platforms in order to communicate with interested parties and to provide information about our activities and operations. In connection with such platforms, personal data may also be processed outside Switzerland and the European Economic Area (EEA).

The General Terms and Conditions (GTC) and terms of use as well as data protection declarations and other provisions of the individual operators of such platforms also apply in each case. In particular, these provisions provide information about the rights of data subjects directly vis-à-vis the respective platform, including, for example, the right to information.

9. Services of third parties

We use the services of specialized third parties in order to be able to carry out our activities and operations in a permanent, user-friendly, secure and reliable manner. Among other things, we can use such services to embed functions and content in our website. In the case of such embedding, the services used record the Internet Protocol (IP) addresses of users at least temporarily for technically compelling reasons.

For necessary security, statistical and technical purposes, third parties whose services we use may process data in connection with our activities and operations in aggregated, anonymized or pseudonymized form. This is, for example, performance or usage data in order to be able to offer the respective service.

We use in particular:

9.1 Digital infrastructure

We use the services of specialized third parties in order to be able to use the necessary digital infrastructure in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers.

In particular, we use:

9.2 Audio and video conferencing

We use specialized audio and video conferencing services to communicate online. For example, we can use them to hold virtual meetings or conduct online lessons and webinars. When participating in audio and video conferences, the legal texts of the individual services, such as data protection declarations and terms of use, also apply.

Depending on your personal situation, we recommend muting the microphone by default and blurring the background or displaying a virtual background when participating in audio or video conferences.

We use in particular:

9.3 Map material

We use third-party services to embed maps in our website.

We use in particular:

9.4 Digital audio and video content

We use services from specialized third parties to enable the direct playback of digital audio and video content such as music or podcasts.

We use in particular:

9.5 Fonts

We use third-party services to embed selected fonts, icons, logos and symbols on our website.

We use in particular:

10. Extensions for the website

We use extensions for our website in order to be able to use additional functions.

We use in particular:

  • Google reCAPTCHA: Spam protection (differentiation between wanted comments from humans and unwanted comments from bots and spam); Provider: Google; Google reCAPTCHA-specific information: “What is reCAPTCHA?”

11. Success and reach measurement

We use services and programs to determine how our online offering is used. In this context, we can, for example, measure the success and reach of our activities and operations as well as the effect of third-party links to our website. We can also, for example, test and compare how different versions of our online offering or parts of our online offering are used (“A/B test” method). Based on the results of the success and reach measurement, we can in particular correct errors, strengthen popular content or make improvements to our online offering.

When using services and programs to measure success and reach, the Internet Protocol (IP) addresses of individual users must be stored. IP addresses are always shortened (“IP masking”) in order to follow the principle of data minimization through the corresponding pseudonymization and thus improve user data protection.

When using services and programs to measure success and reach, cookies may be used and user profiles may be created. User profiles include, for example, the pages visited or content viewed on our website, information on the size of the screen or browser window and the – at least approximate – location. In principle, user profiles are only created in pseudonymized form. We do not use user profiles to identify individual users. Individual third-party services with which users are registered may be able to assign the use of our online offering to the user account or user profile with the respective service.

We use in particular:

12. Final provisions

We have created this privacy policy using the data protection generator from Datenschutzpartner.

We may amend and supplement this privacy policy at any time. We will provide information about such amendments and additions in an appropriate form, in particular by publishing the current privacy policy on our website.

B. Contract for commissioned data processing

1. Subject matter of the contract

By placing an order, the addressee of this offer (hereinafter referred to as the “Customer”) concludes a contract with docuteam AG for commissioned data processing, which covers all parts of the offer accepted by the Customer.

2. Purpose and place of data processing

The purpose of the data processing and the type of data are specified in the offer. docuteam processes the data physically either at the client’s premises or at its own premises in Switzerland. Digital directories are processed by docuteam on its own IT infrastructure or by the subcontractor SWITCH in Swiss data centers (see Section 6).

3. Technical and organizational measures

docuteam shall take appropriate measures to ensure the confidentiality, integrity and availability of the data. These measures include, among other things

  • Access restrictions to physical documents and servers
  • Directory data on servers and software that are regularly maintained
  • Obligation and sensitization of personnel to confidentiality

4. Rectification, restriction and erasure of data

If data subjects submit requests for information, rectification or erasure directly to docuteam, docuteam will forward these to the client. docuteam will support the client, if necessary, in responding to such requests from data subjects and point out that rectification, erasure and destruction in accordance with Art. 89 GDPR or Art. 41 para. 5 of the revised DPA cannot be requested in archives. docuteam is entitled to charge for the necessary effort. docuteam itself does not make any changes to personal data. The correction of data is a process that is the responsibility of the client.

5. docuteam’s quality assurance and other obligations

In addition to compliance with this contract, docuteam has legal obligations pursuant to Art. 10a and Art. 11a FADP and Art. 28-33 GDPR and in particular guarantees compliance with the following requirements:

  1. docuteam is not obliged to appoint a data protection consultant or data protection officer in accordance with the applicable legal requirements. The customer’s contact person for data protection issues at docuteam is the managing director named on the docuteam website.
  2. docuteam undertakes to keep secret all confidential information, documents, etc., which it receives or otherwise obtains in connection with the conclusion and execution of the service agreement, and not to make them accessible to third parties either directly or indirectly. This obligation shall apply without restriction, even after fulfillment of the order.
  3. Upon request, the client and docuteam shall cooperate with the competent data protection supervisory authority in the performance of their duties.
  4. docuteam shall inform the client immediately of any inspections and measures taken by the competent data protection supervisory authority, insofar as they relate to this order. This shall also apply if a competent authority investigates the processing of personal data during order processing at docuteam as part of legal proceedings.
  5. If the client is subject to an inspection by the competent data protection supervisory authority, legal proceedings, a liability claim by a data subject or a third party or any other claim in connection with the order processing at docuteam, docuteam shall support the client to the best of its ability.
  6. docuteam shall regularly monitor the internal processes as well as the technical and organizational measures to ensure that the processing in its area of responsibility is carried out in accordance with the requirements of the applicable data protection law and that the protection of the rights of the data subject is guaranteed.
  7. docuteam shall ensure that the technical and organizational measures taken are verifiable vis-à-vis the client within the scope of its control rights.
  8. docuteam undertakes to provide the client with appropriate support in fulfilling the rights of the data subject and any right to data portability.

6. Subcontract relationships

docuteam uses the services of SWITCH as a subcontractor to collect and provide directory data. As a foundation under private law, SWITCH is fundamentally subject to the provisions of the Federal Data Protection Act (DSG, SR 235.1). SWITCH undertakes to comply with the data protection principles applicable to it when processing the personal data of contractual partners and their end users.

7. Control rights of the customer and the competent data protection supervisory authority

docuteam undertakes to provide the customer on request with all the necessary information to prove compliance with the contractually agreed obligations and to enable inspections – including inspections carried out by the customer or an expert third party commissioned by the customer.

If the customer is subject to any official, professional, business, manufacturing or banking secrecy obligations as well as further legal or contractual secrecy obligations with regard to the processed data, he is obliged to expressly draw docuteam’s attention to this as well as to the consequences for the data processing. docuteam will observe the corresponding secrecy obligations. Furthermore, the supervisory authority of any data protection or other supervisory authorities may extend to docuteam as the commissioned data processor.

docuteam may claim remuneration for enabling the customer to carry out checks.

8. Notification in the event of infringements by the contractor

docuteam supports the customer in complying with its obligations regarding the security of personal data, data protection impact assessments and prior consultations. docuteam undertakes to inform the customer without delay of any actual or suspected breach of data security in connection with the processing of the customer’s data. An unsuccessful attempt at a data breach is not subject to this notification obligation. The notifications and reactions of docuteam regarding detected or suspected data security breaches are made irrespective of whether docuteam is at fault for the data security breach and do not constitute an acknowledgement of a breach of contract or a breach of law by docuteam.

For support services that are not included in the service description or are not due to misconduct by docuteam, docuteam may claim remuneration.

9. Power of instruction of the customer

docuteam confirms verbal instructions in writing without delay. docuteam will inform the customer if it is of the opinion that an instruction contravenes the applicable data protection regulations. docuteam is entitled in such a case to suspend the implementation of the relevant instruction until it is confirmed or amended by the customer.

10. Deletion and return of personal data

No copies or duplicates of the data will be made without the knowledge of the customer. However, docuteam will, without objection from the customer, store metadata (directory data) on the processed primary data in order to make it available to the customer for consultation and/or to be able to further process the data in a subsequent order.

If the customer does not wish this or if he terminates this contract, he can request that all metadata be released either by handing over data storage media or via an encrypted download. In the latter case, the customer must have completed the download of his data no later than four working weeks after termination of the contract. docuteam can claim compensation for providing the data.

Upon termination of the contract or after exporting the customer’s data, docuteam will irretrievably delete all of the customer’s data that is still on its productive systems at this point in time, unless there is a legal obligation to retain data or docuteam has an overriding own interest in doing so can provide evidence of further processing of the data. docuteam will provide the log of deletion upon request.

11. Duration

The contract for order data processing is concluded for an indefinite period of time. It can be terminated at the end of a month with a notice period of three months.

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