PRIVACY POLICY

I. What do we do?

Domenig & Partner Rechtsanwälte AG, Laupenstrasse 1 / Hirschengraben 2, Postfach 2276, CH-3001 Bern (hereinafter referred to as «we»). On this website you can inform yourself about the products, services, blogs and the team of Domenig & Partner, use our online services and contact us.

We are responsible for the collection, processing and use of your data and ensure compliance with Swiss law. The protection of your personal data is of great concern to us.

II. What do we inform about?

  • What data is collected on domenig.law;

  • Under what circumstances we may process your data and for what purpose;

  • How long we may keep your data;

  • In which cases we pass on data to third parties;

  • How we process your data;

  • When and how you can object to data processing;

  • What rights you have and how you can assert them.

III. How can you get in touch with us?

If you have any questions or concerns about how we protect your information, you can reach us at any time by e-mail at info@domenig.law.

IV. Does our privacy policy always remain the same?

We may change this privacy policy at any time. The changes will be published on www.domenig.law, you will not be informed separately.

V. General principles

1. What data do we collect from you and from whom do we receive this data?

First and foremost, we process personal data that you provide to us or that we collect when operating our websites. We may also receive personal data about you from third parties. This may include the following categories:

  • Personal master data (name, address, dates of birth, etc.);

  • Contact details (mobile phone number, email address, etc.);

  • Financial data (e.g. account details, etc.);

  • Online identifiers (e.g. cookie identifier, IP addresses, etc.);

  • Images and videos;

  • Location and traffic data.

  • Particularly sensitive data (e.g. biometric data or information about your health).

2. Under what conditions do we process your data?

We process your data in good faith and for the purposes set out in this privacy policy. In doing so, we ensure a transparent processing that is limited to the necessary information.

If, in exceptional cases, we are unable to comply with these principles, the data processing may still be legitimate because there is a justification. The legal basis of such a justification could be:

  • Your consent;

  • the fulfilment of a contract or pre-contractual measures;

  • the fulfilment of legal requirements;

  • our legitimate interests, unless your interests do not prevail;

  • the safeguarding of vital interests of you or another person or for the performance of a task in the public interest;

  • other relevant legal bases.

3. How can you withdraw consent?

You may be required to provide us with certain personal information in order for us to do business with each other. Without such data, we are usually not able to fulfill a contract.

The websites may not fully function if certain traffic security information, such as your IP address, is not disclosed.

If you have given us your consent to process your personal data for specific purposes, we will process your data within the scope of this consent, unless there is another legal basis.

You can revoke your consent at any time by sending an e-mail to info@domenig.law. The revocation is only effective for the future, data processing that has already taken place is not affected.

4. In which cases can we pass on your data to third parties?

a.    In general

We may rely on the services of third parties or affiliates to process your information. We ensure that the recipients comply with the requirements of data protection. Categories of such recipients are namely:

  • Accounting, fiduciary and auditing firms;

  • Consulting companies (legal advice, taxes, etc.);

  • IT service providers (web hosting, support, cloud services, website design, etc.);

  • Payment service providers;

  • Providers of tracking, conversion and advertising services.

We may also be required to disclose your information to government authorities.

b.    International transfer

Under certain circumstances, your personal data may be transferred to subcontractors abroad. These companies are obligated to data protection to the same extent as we are. The transfer may take place worldwide.

If the level of data protection does not correspond to that in Switzerland, we carry out a prior risk assessment and ensure that the same level of protection is guaranteed as in Switzerland (e.g. by means of the new standard contractual clauses [SCCs] of the EU Commission or other measures prescribed by law). If our risk assessment indicates that the SCCs do not provide sufficient safeguards, we will take additional technical measures to protect your data. You can access the EU Commission's SCCs at: https://ec.europa.eu/info/system/files/1_en_annexe_acte_autonome_cp_part1_v5_0.pdf

5. How long do we keep your data?

We store personal data only for as long as is necessary to fulfill the individual purposes for which the data was collected.

We store contract data for longer, as we are obliged to do so by legal regulations. In particular, we must retain business communication, contracts and accounting vouchers for up to 10 years. As far as we no longer need such data from you to perform the services, the data will be blocked and we will only use it for accounting and tax purposes.

6. How do we protect your data?

We will keep your information secure and take all reasonable steps to protect your information from loss, access, misuse or alteration.

Our subcontractors and employees who have access to your data are obliged to comply with the provisions of data protection law. In some cases it will be necessary for us to pass on your enquiries to affiliated companies. In these cases, too, your data will be treated confidentially.

Within our websites we use the SSL procedure (Secure Socket Layer) in connection with the highest encryption level supported by your browser.

7. What rights do you have?

a. Right to information and data transmission

You can request information about the data we hold about you at any time. We kindly ask you to send your request for information together with proof of identity to info@domenig.law.

You also have the right to receive your data in a commonly used file format or (if technically feasible) to have your data transferred to a third party if we process your data automatically and if:

  • you have given your consent for the processing of this data; or

  • you have disclosed data in connection with the conclusion or fulfilment of a contract.

We may restrict or refuse to provide information or data if this conflicts with our legal obligations, our own legitimate interests, public interests or the interests of a third party.

The processing of your request is subject to a period of 30 days. However, we may extend this period due to a high volume of requests, for legal or technical reasons, or because we need more detailed information from you. You will be informed of the extension of the deadline in due time.

b. Right to erasure and rectification

You can at any time request the deletion or correction or completion of your data. We can reject the request if legal regulations oblige us to store the data for a longer period of time or to store it unchanged, or if we can provide legal justification to deny your request.

Please note that the exercise of your rights may, under certain circumstances, conflict with contractual agreements and have corresponding effects on the execution of the contract (e.g. premature termination of the contract or cost consequences).

c.     Complaint

If you are affected by the processing of personal data, you have the right to enforce your rights in court or to lodge a complaint with the competent supervisory authority. The competent supervisory authority in Switzerland is the Federal Data Protection and Information Commissioner: http://www.edoeb.admin.ch.

VI. Individual data processing operations

1. Provision of the websites and creation of log files

What information do we receive and how do we use it?

By visiting www.domenig.law, certain data is automatically stored on our servers or on servers of services and products that we obtain and / or have installed, for system administration purposes, for statistical or backup purposes or for tracking purposes. These are:

  • the name of your Internet service provider;

  • your IP address (under certain circumstances);

  • the version of your browser software;

  • the operating system of the computer used to access www.domenig.law;

  • the date and time of access;

  • the website from which you are visiting www.domenig.law.

  • the search terms you used to find www.domenig.law.

Why are we allowed to process this data?

This data cannot be assigned to a specific person and there is no consolidation of this data with other data sources. The log files are stored in order to guarantee the functionality of the websites and to ensure the security of our information technology systems.

How can you prevent data collection?

The data is only stored for as long as is necessary to achieve the purpose for which it was collected. Accordingly, the data is deleted after the end of each session. The storage of the log files is absolutely necessary for the operation of the websites, you therefore have no possibility to object to this.

2. Integration of content

We embed the following content from the providers listed below on our website:

  • Location information via Google Maps;

  • Videos from Youtube.

How does the integration work?

  • Location information:

For the purpose of using the functions of Google Maps, your IP address is stored. This is usually transmitted to a Google server in the USA. We have no influence on this data transmission. For more information, see Google's privacy policy.

  • Videos:

The integration takes place via a plug-in. As soon as you visit one of our pages equipped with a plug-in, a connection to the YouTube servers is established. The servers are informed which of our sub-pages you have visited. For more information, see Google's privacy policy.

Why are we allowed to integrate this content?

Google Maps is used in the interest of an appealing presentation of our online offers and an easy location of the places indicated by us on the website. This is also in our legitimate interests.

We include content via Youtube in order to make our offer accessible to a wider audience. Therein lie our legitimate interests.

What information do you share with providers?

If you are logged into a user account of a provider, you would at most enable this provider to assign your surfing behavior directly to your personal profile. We would like to point out that we do not receive any knowledge of the specific content of the transmitted data or its use.

If you do not want these providers to be able to assign your visit to our pages to your user account, please log out of your respective user account before using our website.

3. Use of social media plug-ins

We use social media plug-ins from:

  • LinkedIn

(For more information, see the Twitter Privacy Policy).

  • Instagram

(For more information, see the Instagram Privacy Policy).

Why may we use social media plug-ins?

We use social media plug-ins to make our offer accessible to a wider audience. Therein lie our legitimate interests, which serve as the legal basis for data processing.

What information do you share with us?

We would like to point out that we do not obtain knowledge of the content of the transmitted data as well as its use to the social media service.

How can you prevent the collection of data?

If you do not want the social media service to be able to assign the visit to our pages to your user account, please log out of your respective user account before using our website.

You can also completely prevent the loading of the plug-ins with add-ons for your browser, for example with the script blocker "No-Script".

4. Google reCAPTCHA

We use Google reCAPTCHA to protect input forms from bots and spam, but at the same time to enable reliable input from humans. Cookies are also used in the process. This is a service provided by Google. Further information about the nature, scope and purpose of data processing can be found in the Privacy and Security Policy and the Privacy Policy of Google.

5. Contact

a. Contact form

What information do we receive and how do we use it?

On our website, you can contact us via an electronic contact form. The data you enter in the input mask, such as name, e-mail address, etc., will be transmitted to us and stored.

The data transmitted by you will be used to process your request.

Why may we process this data?

The justification is the implementation of pre-contractual measures and our legitimate interests in the completion of the request.

b. E-Mail

What information do we receive and how do we use it?

You have the possibility to contact us by e-mail. If you contact us by e-mail, the following data will be processed:

  • E-mail address;

  • Content, subject and date of your e-mail;

  • contact data provided by you (e.g. name, telephone number, address).

Why may we process this data?

Your data will be stored for the purpose of processing your request and in case of follow-up questions. The justification for this is pre-contractual measures or our legitimate interests in the completion of the request.

Security note: We would like to point out that e-mails can be read or changed unauthorized and unnoticed on the transmission path. The spam filter can reject e-mails if they are identified as spam by certain characteristics.

6. Newsletter (Mailchimp)

How does the newsletter work?

Through our website you have the opportunity to sign up for our free newsletter. With the newsletter you will receive information about new posts, events and offers. We use Mailchimp from The Rocket Science Group, LLC, 675 Ponce de Leon Ave NE Suite 5000, Atlanta, GA 30308 USA (Mailchimp) to send our newsletter. This allows us to contact subscribers directly. In addition, we analyze your usage behavior in order to optimize our offer.

What information do we receive and how do we use it?

When you register for the newsletter, we collect your email address and any other contact details:

  • E-mail address

  • First name

  • Last name

Mailchimp is the recipient of your personal data and acts as an order processor for us as far as sending our newsletter is concerned. The processing of the data provided under this section is neither legally nor contractually required. Without your consent and the transmission of your personal data, we cannot send out a newsletter to you.

In addition, Mailchimp collects the following personal data using cookies and other tracking methods: Information about your terminal device (IP address, device information, operating system, browser ID, information about the application you use to read your emails and other information about hardware and internet connection. In addition, usage data is collected such as date and time, when you opened the email / campaign and browser activity (e.g. which emails / web pages were opened). Mailchimp needs this data to ensure the security and reliability of the systems, compliance with the terms of use and the prevention of abuse. This corresponds to the legitimate interest of Mailchimp and serves the execution of the contract. Furthermore, Mailchimp evaluates performance data, such as the delivery statistics of emails and other communication data. This information is used to create usage and performance statistics of the services.

Mailchimp additionally collects information about you from other sources. In an unspecified period and scope, personal data is collected via social media and other third-party data providers. We have no control over this process.

You can find more information about objection and removal options vis-à-vis Mailchimp here.

The legal basis for these processing operations is your consent in accordance with Art. 6 revDSG. You can revoke your consent to the processing of your personal data at any time. You will find a corresponding link in all mailings. In addition, the revocation can be made via the specified contact options. By declaration of revocation, the lawfulness, the processing carried out so far is not affected.

Your data will be processed as long as a corresponding consent is available. Apart from this, they will be deleted after the termination of the contract between us and Mailchimp, unless legal requirements make further storage necessary.

Why may we send you the newsletter?

By sending the newsletter registration, you give your consent to data processing. You agree to receive our newsletter regularly and that, if necessary, your usage behavior will be statistically evaluated to optimize the newsletter.

7. Cookies

How do cookies work?

Our website uses cookies. Cookies are data records that are stored on the operating system of your device with the help of the browser when you call up our website. Cookies do not harm your computer and do not contain viruses.

What information do we receive and how do we use it?

Most of the cookies we use are so-called "session cookies". They are automatically deleted after the end of your visit. Other cookies remain stored on your terminal device until you delete them. These cookies allow us to recognize your browser on your next visit. This allows us to save certain settings (such as language settings or location information) so that you do not have to re-enter them when you visit the website again.

Why may we use cookies?

We use cookies so that we can make our website more user-friendly, effective and secure. The use of cookies and the processing of your data in this regard is based on our legitimate interests in the aforementioned purposes.

How can you prevent data collection via cookies?

Cookies are stored on your computer. You therefore have full control over the use of cookies. You can delete them completely or disable or restrict their transmission by changing the settings in your browser. If you deactivate cookies for our website, you may no longer be able to use all functions of the website to their full extent.

8. Google Analytics

How does Google Analytics work?

Our website uses Google Analytics, a service provided by Google Inc, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Google uses cookies, which are stored on your device and allow an analysis of the website by them. 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.

We have added the code "anonymizeIP" to Google Analytics. This ensures that all data is collected anonymously. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there.

Why may we use Google Analytics?

Google evaluates the collected data on our behalf so that we can get a picture of the visits and user behavior on our website. This allows us to improve our services and website content and design.

How can you prevent Google Analytics from collecting your data?

You can prevent cookies from being stored by adjusting the settings in your browser accordingly (see our comments on cookies). You can deactivate Google Analytics by downloading and installing the Google browser add-on.

9. Adobe Fonts

How does Adobe Fonts work?

We use so-called web fonts on our website for the uniform display of fonts, which are provided by Adobe. When you call up one of our pages, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly.

What information do you share with us and how is it used?

The browser you use connects to Adobe's servers. This lets Adobe know that our website was accessed via your IP address. If your browser does not support web fonts, a default font is used by your computer.

Why may we use Adobe Fonts?

Adobe Fonts are used in the interest of a uniform and appealing presentation of our online offers. For more information about Adobe Fonts, see the Adobe Fonts FAQ.