Disclaimer for Microsoft offers

The responsible party within the meaning of the data protection laws, in particular the EU General Data Protection Regulation (DSGVO), is:

Nexplore AG

C.F.L. Lohnerstrasse 24

3645 Gwatt (Thun)

+41 33 334 02 00

info@nexplore.ch

https://www.nexplore.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 their privacy as well as protection against misuse of their 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 privacy policy.

In cooperation with our hosting providers, we make every effort to protect the databases as well 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. No data will be passed on to third parties without your consent.

Processing of personal data

Personal data is any information that relates to a specific 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, deletion, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. Furthermore, to the extent and insofar as the EU GDPR is applicable, we process personal data in accordance with the following legal bases in connection with Art. 6 (1) GDPR:

  • lit. a) Processing of personal data with the consent of the data subject.

  • lit. b) Processing of personal data for the fulfillment of a contract with the data subject as well as for the implementation of corresponding pre-contractual measures.

  • lit. c) Processing of personal data for the fulfillment of a legal obligation to which we are subject under any applicable law of the EU or under any applicable law of a country in which the GDPR is applicable in whole or in part.

  • lit. d) Processing of personal data in order to protect the vital interests of the data subject or another natural person.

  • lit. f) Processing of personal data to protect the legitimate interests of us or of third parties, unless the fundamental freedoms and rights and interests of the data subject are overridden. Legitimate interests include, in particular, our business interest in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.

We process personal data 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 processing accordingly.

Privacy policy for cookies

This website uses cookies. These are small text files that make it possible to store specific information related to the user on the user's terminal device while the user is using the website. Cookies make it possible, in particular, to determine the frequency of use and number of users of the pages, to analyze behavior patterns of page use, but also to make our offer more customer-friendly. Cookies remain stored beyond the end of a browser session and can be retrieved when you visit the site again. If you do not wish this to happen, you should set your Internet browser so that it refuses to accept cookies.

A general objection to the use of cookies used for online marketing purposes can be declared for a large number of the services, especially in the case of tracking, via the U.S. site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by disabling them in the browser settings. Please note that in this case not all functions of this online offer can be used.

Privacy policy for contact form

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

Privacy policy for newsletter data

If you would like to receive the newsletter offered on this website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the specified e-mail address and agree to receive the newsletter. Further data will not be collected. We use this data exclusively for sending the requested information and do not pass it on to third parties.

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, for example via the "unsubscribe link" in the newsletter.

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 is being processed. If you wish to exercise this right of confirmation, you may contact the data protection officer at any time.

Right of access

Every person affected by the processing of personal data has the right to receive information free of charge from the operator of this website at any time about the personal data stored about him or her and a copy of this information. Furthermore, information may be provided about 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 a right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or a 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 about 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 organization. If this is the case, the data subject also has the right to obtain information about 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

Every person affected by the processing of personal data has the right to demand the immediate correction of incorrect personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request that incomplete personal data be completed, including by means of a supplementary declaration.

If you wish to exercise this right of rectification, you may 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, where one of the following grounds applies and insofar as the processing is no longer necessary:

  • The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.

  • The data subject revokes the 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 grounds relating to his or her particular situation and there are no overriding legitimate grounds 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 theoperator of this website, you can contact our data protection officer at any time. The data protection officer of this website will arrange for the erasure 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 for the assertion, exercise or defense of legal claims

The data subject has objected to the processing on grounds relating to his or her particular situation, and it is not yet clear whether the legitimate interests of the controller override those of the data subject

If one of the aforementioned conditions is met, you can request the restriction of personal data stored by the operator of this website at any time by contacting our data protection officer. The data protection officer of this website will arrange the restriction of the processing.

Right to data portability

Every person affected 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 insofar as this does not adversely affect the rights and freedoms of other persons.

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 of objection

Any person affected by the processing of personal data has the right to object at any time, on grounds 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 grounds for the processing which override the interests, rights and freedoms of the data subject, or if the processing serves the purpose of asserting, exercising or defending legal claims.

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

Right to revoke consent granted under data protection law

Every person affected 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 revoke consent, you may contact our data protection officer at any time.

 

Data protection declaration for objection advertising e-mails

We hereby object to the use of contact data published within the scope of the imprint obligation to send advertising and information material that has not been expressly requested. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.

 

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, 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 data from Google. We would like to point out that on this website Google Analytics has been extended by the code "_anonymizeIp();" to ensure anonymized collection of IP addresses. This means that IP addresses are processed in abbreviated form, which means that they cannot be linked to a specific person. 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. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

Google Analytics uses cookies. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. 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. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: Disable Google Analytics.

In addition, you can also prevent the use of Google Analytics by clicking on this link: Disable 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 LinkedIn

We use the marketing services of the social network LinkedIn of LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland ("LinkedIn") within our online offer.

These use cookies, i.e. text files that are stored on your computer. This enables us to analyze your use of the website. For example, we can measure the success of our ads and show users products in which they were previously interested.

For example, information on the operating system, the browser, the website you previously visited (referrer URL), which websites the user visited, which offers the user clicked on, and the date and time of your visit to our website is collected.

The information generated by the cookie about your use of this website is transferred pseudonymously to a LinkedIn server in the USA and stored there. LinkedIn therefore does not store the name or email address of the respective user. Rather, the above-mentioned data is only assigned to the person for whom the cookie was generated. This does not apply if the user has allowed LinkedIn to process without pseudonymization or has a LinkedIn account.

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. You can also object to the use of your data directly at LinkedIn: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

We use LinkedIn Analytics to analyze and regularly improve the use of our website. The statistics obtained allow us to improve our offer and make it more interesting for you as a user. All LinkedIn companies have adopted the standard contractual clauses to ensure that the data traffic to the USA and Singapore necessary for the development, implementation and maintenance of the services takes place in a lawful manner. If we ask users for consent, the legal basis for processing is Art. 6 (1) lit. a DSGVO. Otherwise, the legal basis for the use of LinkedIn Analytics is Art. 6 para. 1 p. 1 lit. f DSGVO.

Third-party provider information: LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2 Ireland; User Agreement and Privacy Policy.

Audio and video conferencing

We use audio and video conferencing services to communicate with our users and others. In particular, we can use them to conduct audio and video conferences, virtual meetings, and training sessions such as webinars.

We only use services for which an appropriate level of data protection is guaranteed. In addition to this privacy policy, any terms and conditions of the services used, such as terms of use or privacy statements, also apply.

Privacy policy for YouTube

On this website, functions of the service "YouTube" are integrated. "YouTube" is owned by Google Ireland Limited, a company incorporated and operated 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=de&template=terms&hl=de. 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 information when you use the Service. 

Contractual services

We process the data of our contractual partners and interested parties as well as other clients, customers, clients or contractual partners (uniformly referred to as "contractual partners") in accordance with the data protection provisions of the German Federal Data Protection Act (Datenschutzgesetz, DSG) and the EU-DSGVO pursuant to Art. 6 Para. 1 lit. b. DSGVO, in order to provide them with our contractual or pre-contractual services. The data processed in this context, the type, scope and purpose and the necessity of their processing, are determined by the underlying contractual relationship.

The data processed includes the master data of our contractual partners (e.g. names and addresses), contact data (e.g. e-mail addresses and telephone numbers) as well as contractual data (e.g. services used, contract content, contractual communication, names of contact persons) and payment data (e.g. bank details, payment history).

As a matter of principle, we do not process special categories of personal data, unless these are components of a commissioned or contractual processing.

We process data that are required for the justification and fulfillment of contractual services and point out the necessity of their disclosure, unless this is evident to the contractual partners. Disclosure to external persons or companies is made only if it is necessary in the context of a contract. When processing data provided to us in the context of an order, we act in accordance with the instructions of the client as well as the legal requirements.

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

The deletion of the data takes place when the data is no longer required for the fulfillment of contractual or legal duties of care as well as for dealing with any warranty and comparable obligations, whereby the necessity of keeping the data is reviewed at irregular intervals. In all other respects, the statutory retention obligations apply.

 

Copyrights

The copyrights and all other rights to content, images, photos or other files on the website belong exclusively to the operator of this website or the specifically named rights holders. For the reproduction of any files, the written consent of the copyright holder must be obtained in advance.

Anyone who commits a copyright infringement without the consent of the respective copyright holder may be liable to prosecution and possibly to damages.

General disclaimer

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 regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.

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. The use of or access to this website is at the visitor's own risk. The publisher, its clients or partners are not responsible for damages, such as direct, indirect, incidental, consequential or punitive damages, allegedly caused by the visit 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 be contrary to public morality.

Changes

We can adapt this data protection declaration at any time without prior notice. The current version published on our website shall apply. 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.

 

Questions to the data protection officer

If you have any questions about data protection, please write us an e-mail or contact directly the responsible person in our organization listed for data protection at the beginning of the privacy policy.

 

Gwatt (Thun), 26.04.2021

Source: SwissAnwalt