The present privacy policy is an unofficial translation from the German original.
With this privacy policy we inform you which personal data we process in connection with our activities and operations, including our poesia.ch website. In particular, we provide information on what personal data we process, for what purpose, how and where. We also inform about the rights of persons whose data we process.
For individual or additional activities and activities, further data protection declarations as well as other legal documents such as general terms and conditions (GTC), terms of use or conditions of participation may apply.
We are subject to Swiss data protection law and any applicable foreign data protection law such as, in particular, that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognises that Swiss data protection law ensures adequate data protection.
1. Contact addresses
Responsibility for the processing of personal data:
Daniel Kurmann
Poesia Holding AG
Grenzweg 3
Industry Feldmatte
5726 Unterkulm
We point out if there are other persons responsible for processing personal data in individual cases.
Data protection officer
We have the following data protection officer as a point of contact for data subjects and as a contact for supervisory authorities in the event of data protection-related enquiries:
Daniel Kurmann
Grenzweg 3
Industry Feldmatte
5726 Unterkulm
2 Terms and legal basis
2.1 Terms
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, acquisition, 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 basis
We process personal data in accordance with Swiss data protection law such as, in particular, the Federal Act on Data Protection (FADP) and the Ordinance to the Federal Act on Data Protection (FADP).
We process personal data in accordance with Swiss data protection law, such as in particular the Federal Data Protection Act (FADP) and the Ordinance to the Federal Data Protection Act (FDPA).
We process personal data - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - in accordance with at least one of the following legal bases:
- 6 para. 1 lit. b DSGVO for the necessary processing of personal data for the fulfilment of a contract with the data subject as well as for the implementation of pre-contractual measures.
- 6 para. 1 lit. f DSGVO for the necessary processing of personal data in order to protect the legitimate interests of us or of 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 permanently, in a user-friendly, secure and reliable manner and to communicate about them, the guarantee of information security, protection against misuse, the enforcement of our own legal claims and compliance with Swiss law.
- 6 para. 1 lit. c DSGVO for the necessary processing of personal data to comply with a legal obligation to which we are subject under any applicable law of Member States in the European Economic Area (EEA).
- 6 para. 1 lit. e DSGVO for the necessary processing of personal data for the performance of a task which is in the public interest.
- 6 para. 1 lit. a DSGVO for the processing of personal data with the consent of the data subject.
- Article 6(1)(d) of the GDPR for the necessary processing of personal data to protect the vital interests of the data subject or another natural person.
3. Nature, scope and purpose
We process those personal data that are necessary to be able to carry out our activities and operations in a permanent, user-friendly, secure and reliable manner. Such personal data may in particular 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 period of time necessary for the relevant purpose(s) or as required by law. Personal data whose processing is no longer required is anonymised or deleted.
We may have personal data processed by third parties. We may process personal data jointly with third parties or transmit it to third parties. Such third parties are, in particular, specialised 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 fulfilment 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 letter, email, instant messaging, contact form, social media or telephone - or when registering for a user account. We may store such information, for example, in an address book or with comparable tools. If we receive data about other persons, the transmitting persons are obliged to guarantee data protection with regard to 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. Job applications
We process personal data about applicants to the extent that it is necessary for assessing their suitability for an employment relationship or for the subsequent performance of an employment contract. The necessary personal data results in particular from the information requested, for example in the context of a job advertisement. We also process personal data that applicants voluntarily provide or publish, in particular as part of cover letters, CVs and other application documents as well as online profiles.
We process - if and insofar as the General Data Protection Regulation (GDPR) is applicable - personal data about applicants in particular in accordance with Art. 9 (2) lit. b GDPR.
5 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 to process it or have it processed there.
We may export Personal Data to all states and territories on Earth as well as elsewhere in the universe, provided that the law there ensures adequate data protection according to the assessment of the Swiss Federal Data Protection and Information Commissioner (FDPIC) or according to the decision of the Swiss Federal Council and - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - according to the decision of the European Commission.
We may transfer personal data to countries whose laws do not ensure adequate data protection, provided that data protection is ensured for other reasons, in particular on the basis of standard data protection clauses or with other appropriate safeguards. By way of exception, we may export personal data to countries without adequate or appropriate data protection if the specific requirements under data protection law are met, for example the express consent of the data subjects or a direct connection with the conclusion or performance of a contract. We will be happy to provide data subjects with information about any guarantees or provide a copy of any guarantees upon request.
6. 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 as well as the right to correction, deletion or blocking of the processed personal data.
Data subjects whose personal data we process may - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - request confirmation free of charge as to whether we are processing personal data relating to them. In this case, data subjects may request information about the processing of their personal data, have the processing of their personal data restricted, exercise their right to data portability and correct, delete ("right to be forgotten"), block or delete their personal data.
Data subjects whose personal data we process may - if and insofar as the GDPR is applicable - revoke consent given at any time with effect for the future and object to the processing of their personal data at any time.
Data subjects about whom we process personal data have a right of appeal to a competent supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).
7. Data security
We take appropriate technical and organizational measures to ensure data security appropriate to the risk involved. 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 HTTPS). Most browsers mark transport encryption with a padlock in the address bar.
Our digital communications - like all digital communications in principle - are subject to mass surveillance without cause or suspicion and other monitoring 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 agencies and other security authorities.
8. Use of the website
8.1 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 enable us 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 - at least if and to the extent necessary - the express consent to the use of cookies.
In the case of cookies used for performance and reach measurement 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).
8.2 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, website last 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 necessary to provide our website permanently, user-friendly and reliably as well as to ensure data security and thus in particular the protection of personal data - also by third parties or with the help of third parties.
8.3 Tracking pixel
We may use tracking pixels on our website. Tracking pixels are also referred to as web beacons. Tracking pixels - also from third parties whose services we use - are small, usually invisible images that are automatically retrieved when you visit our website. With pixel counters, the same information can be collected as in server log files.
9. notifications and communications
We send notifications and communications via email and other communication channels such as instant messaging or SMS.
9.1 Performance and reach measurement
Notifications and communications may contain web links or tracking pixels that record whether an individual notification has been opened and which web links have been clicked. Such web links and tracking pixels may also record the use of notifications and communications on a personal basis. We need this statistical recording of usage for performance and reach measurement in order to be able to send notifications and messages effectively and in a user-friendly manner based on the needs and reading habits of the recipients, as well as permanently, securely and reliably.
9.2 Consent and objection
In principle, you must expressly consent to the use of your e-mail address and other contact addresses, unless such use is permitted for other legal reasons. For any consent, we use the "double opt-in" procedure wherever possible, i.e. you receive an e-mail with a web link that you must click to confirm, so that no misuse by unauthorized third parties can take place. We may log such consents including Internet Protocol (IP) address, date and time for evidence and security reasons.
In principle, you can object to receiving notifications and communications such as newsletters at any time. With such an objection, you can simultaneously object to the statistical recording of usage for performance and reach measurement. Required notifications and communications in connection with our activities and operations remain reserved.
9.3 Service providers for notifications and communications
We send notifications and communications with the help of specialized service providers.
In particular, we use:
- CleverReach: email marketing platform; provider: CleverReach GmbH & Co. KG (Germany); data protection information: privacy policy, data protection information: "Data security".
10. Social media
We are present on social media platforms and other online platforms in order to communicate with interested persons and to provide information about our activities and operations. In connection with such platforms, personal data may also be processed outside of 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. These provisions inform in particular about the rights of data subjects directly against the respective platform, which includes, for example, the right to information.
For our social media presence on Facebook, including the so-called Page Insights, we are - if and insofar as the General Data Protection Regulation (GDPR) is applicable - jointly responsible with Meta Platforms Ireland Limited (Ireland). Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). Page Insights provide information about how visitors interact with our Facebook presence. We use Page Insights to provide our social media presence on Facebook in an effective and user-friendly manner.
Further information about the nature, scope and purpose of data processing, information about the rights of data subjects and the contact details of Facebook as well as Facebook's data protection officer can be found in Facebook's privacy policy. We have concluded the so-called "Responsible Party Addendum" with Facebook and thus agreed in particular that Facebook is responsible for ensuring the rights of data subjects. For the so-called Page Insights, the corresponding information can be found on the page "Page Insights Information" including "Page Insights Data Information".
11. Services of third parties
We use services of specialized third parties in order to carry out our activities and operations in a durable, user-friendly, secure and reliable manner. Such services allow us, among other things, to embed features and content on our website. In the case of such embedding, the services used record the Internet Protocol (IP) addresses of the users at least temporarily for technically compelling reasons.
For necessary security-related, 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:
- Services of Google: Providers: Google LLC (USA) / Google Ireland Limited (Ireland) for users in the European Economic Area (EEA) and Switzerland; General information on data protection: "Privacy and Security Principles", Privacy Policy, "Google is committed to complying with applicable data protection laws", "Privacy Policy Guide in Google Products", "How we use data from websites or apps on or in which our services are used" (information provided by Google), "Cookie types and other technologies used by Google", "Personalized advertising" (activation / deactivation / settings).
- Services of Microsoft: Provider: Microsoft Corporation (USA) / Microsoft Ireland Operations Limited (Ireland) for users in the European Economic Area (EEA), the United Kingdom and Switzerland; General information on data protection: "Data protection at Microsoft", "Data protection (Trust Center)", privacy policy.
11.2 Audio and Video Conferencing
We use specialized audio and video conferencing services to communicate online. We can use them, for example, to hold virtual meetings or conduct online lessons and webinars. For participation in audio and video conferences, the legal texts of the individual services such as privacy statements and terms of use apply in addition.
Depending on the life situation, we recommend muting the microphone by default when participating in audio or video conferences, as well as blurring the background or fading in a virtual background.
In particular, we use:
- Facebook Messenger: Video conferences; Providers: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); Privacy information: "Communication with Confidence", "Privacy and Security in Messenger", "Privacy Center" (Meta), Privacy Policy (Meta).
- Google Meet: video conferencing; provider: Google; Google Meet-specific information: "Google Meet - Security and privacy for users".
- Microsoft Teams: Platform for audio and video conferencing, among other things; provider: Microsoft; Teams-specific information: "Privacy and Microsoft Teams".
- Skype: audio and video conferencing; Skype-specific provider: Skype Communications SARL (Luxembourg) / Microsoft Corporation (USA) / Microsoft Ireland Operations Limited (Ireland) for users in the European Economic Area (EEA), the United Kingdom, and Switzerland; privacy information: "Legal information about Skype", "Privacy and security".
- Zoom: Video conferencing; provider: Zoom Video Communications Inc. (USA); privacy information: privacy statement, "Privacy at Zoom," "Legal Compliance Center."
11.3 Map material
We use third party services to embed maps on our website.
In particular, we use:
- Google Maps including Google Maps Platform: map service; provider: Google; Google Maps-specific information: "How Google uses location information".
11.4 Digital audio and video content
We use services of specialized third parties to enable the direct playback of digital audio and video content, such as music or podcasts.
In particular, we use:
- YouTube: Video platform; Provider: Google; YouTube-specific information: "Privacy and Security Center", "My Data on YouTube".
11.5 Documents
We use third-party services to embed documents on our website. Such documents may include, for example, forms, PDF files, presentations, tables and text documents. We can thus enable not only viewing, but also editing or commenting on such documents.
In particular, we use:
- Issuu: Digital Documents and Electronic Publications; Provider: Issuu Inc. (USA); Data protection information: privacy policy.
11.6 Fonts
We use third-party services to embed selected fonts as well as icons, logos and symbols in our website.
In particular, we use :
- In Font Awesome: Icons and logos; Provider: Fonticons Inc. (USA); Information on data protection: Data protection declaration.
- Google Fonts: Fonts; Provider: Google; Google Fonts-specific information: "Privacy and Google Fonts", "Privacy and Data Collection".
- IcoMoon: Icons; Provider: Roonas (USA); Data protection information: Privacy policy.
12. Extensions for the website
We use extensions for our website to provide additional functionality.
In particular, we use:
- Google reCAPTCHA: spam protection (distinguishing between wanted comments from humans and unwanted comments from bots as well as spam); provider: Google; Google reCAPTCHA-specific information: "What is reCAPTCHA?" ("What is reCAPTCHA?").
13. Performance 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. However, 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 performance and reach measurement, we can in particular correct errors, strengthen popular content or make improvements to our online offering.
When using services and programs for performance and reach measurement, the Internet Protocol (IP) addresses of individual users must be stored. IP addresses are generally shortened ("IP masking") in order to follow the principle of data economy through the corresponding pseudonymization and thus improve user data protection.
When using services and programs for performance and reach measurement, 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. As a matter of principle, user profiles are created exclusively on a pseudonymous basis. We do not use user profiles to identify individual users. Individual services of third parties to which users are logged in can, if necessary, assign the use of our online offer to the user account or user profile at the respective service.
We use in particular:
- Google Analytics: performance and reach measurement; provider: Google; Google Analytics-specific data: Measurement also across different browsers and devices (cross-device tracking) as well as with pseudonymized Internet Protocol (IP) addresses, which are only transmitted in full to Google in the USA as an exception, "Data protection", "Browser add-on to deactivate Google Analytics".
- Google Tag Manager: integration and management of other services for performance and reach measurement as well as other services from Google and third parties; provider: Google; Google Tag Manager-specific information: "Data collected with Google Tag Manager"; further information on data protection can be found with the individual integrated and managed services.
14. Final provisions
We can adapt and supplement this data protection declaration at any time. We will inform about such adjustments and additions in an appropriate form, in particular by publishing the respective current data protection declaration on our website.