Datenschutzerklärung

Privacy statement

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

Phytaxis S.A
Charles Walser
Weingartenstrasse 11
8803 Rüschlikon

Telephone: +41 (0)44 500 7325
Email: &NH/BQGmFSw@*5yr|]#[m9#yYB+g71p$xB]bj

 

General remark

Based on Article 13 of the Swiss Federal Constitution and the data protection regulations of the federal government (Data Protection Act, DSG), every person has the right to privacy protection and 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 statutory data protection regulations and this data protection declaration.

In cooperation with our hosting providers, we strive 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., when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.

By using this website, you agree to the collection, processing and use of data as described below. This website can generally be visited without registration. Data such as the pages called up or the name of the file called up, the 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 on a voluntary basis as far as possible. The data will not be passed on to third parties without your consent.

Processing of personal data

Personal data is all 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, procurement, deletion, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. In addition, we process personal data in accordance with the following legal bases in connection with Art. 6 Para. 1 GDPR - insofar as and insofar as the EU GDPR is applicable:

  • Consent (Art. 6 Para. 1 S. 1 lit. a. GDPR) - The person concerned has given their consent to the processing of their personal data for a specific purpose or several specific purposes.
  • Fulfillment of contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. GDPR) - The processing is necessary for the fulfillment of a contract to which the data subject is a party, or for the implementation of pre-contractual measures that are required at the request of the data subject person.
  • Legal obligation (Art. 6 Para. 1 S. 1 lit. c. GDPR) - The processing is necessary to fulfill a legal obligation to which the person responsible is subject.
  • Protection of vital interests (Art. 6 Para. 1 S. 1 lit. d. GDPR) - Processing is necessary to protect vital interests of the data subject or another natural person.
  • Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR) - Processing is necessary to safeguard the legitimate interests of the person responsible or a third party, unless the interests or fundamental rights and freedoms of the data subject who protect require personal data prevail.
  • Application procedure as a pre-contractual or contractual relationship (Art. 9 Para. 2 lit. b GDPR) - Insofar as special categories of personal data within the meaning of Art. 9 Para. 1 GDPR (e.g. health data, such as severe disability or ethnic origin ) are requested from applicants so that the person responsible or the person concerned can exercise the rights arising from labor law and the law on social security and social protection and fulfill his or her obligations in this regard, their processing takes place in accordance with Art. 9 Paragraph 2 letter b. GDPR, in the case of protecting the vital interests of applicants or other persons in accordance with Art. 9 (2) lit. c. DSGVO or for the purposes of health care or occupational medicine, for the assessment of the employee's ability to work, for medical diagnostics, care or treatment in the health or social area or for the administration of systems and services in the health or social area in accordance with Art. 9 Paragraph 2 lit. h. GDPR. In the case of a notification of special categories of data based on voluntary consent, their processing takes place on the basis of A rt. 9 paragraph 2 letter a. GDPR.

We process personal data for the duration necessary for the respective purpose or purposes. In the case of longer-lasting storage obligations due to legal and other obligations to which we are subject, we restrict processing accordingly.

Relevant legal bases

In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 (1) lit. a, and Art. 7 DSGVO, the legal basis for processing to fulfill our services and to carry out contractual measures and to answer inquiries is Article 6(1) (b) GDPR, the legal basis for processing to fulfill our legal obligations is Article 6(1) (c) GDPR, and the legal basis for processing to safeguard our legitimate interests is Article 6(1) (c) GDPR 6 Paragraph 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 Paragraph 1 lit. d GDPR serves as the legal basis.

Safety measures

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

The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as access, input, disclosure, ensuring availability and their separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, the deletion of data and reactions to data threats. Furthermore, we already take the protection of personal data into account during the development or selection of hardware, software and processes in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.

Transmission of personal data

As part of our processing of personal data, it may happen that the data is transmitted to other bodies, companies, legally independent organizational units or persons or that it is disclosed to them. The recipients of this data can include, for example, service providers commissioned with IT-Tasks or providers of services and content that are integrated into a website. In such a case, we observe the legal requirements and, in particular, conclude appropriate contracts or agreements with the recipients of your data that serve to protect your data.

Data processing in third countries

If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or the processing within the framework of the use of third-party services or the disclosure or transmission of data to other persons, bodies or companies takes place, this is only done in accordance with the legal requirements.

Subject to express consent or contractually or legally required transmission, we only process the data in third countries with a recognized level of data protection, contractual obligation through so-called standard protection clauses of the EU Commission, if there are certifications or binding internal data protection regulations (Art. 44 to 49 DSGVO, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).

Data protection declaration for SSL/TLS encryption

This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content, such as requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.

Data protection declaration for server log files

The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

  • Browser type and browser version
  • operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Time of server request

This data cannot be assigned to specific persons. This data is not merged with other data sources. We reserve the right to subsequently check this data if we become aware of specific indications of illegal use.

Rights of Data Subjects

Right to confirmation

Every data subject has the right to request confirmation from the operator of the website as to whether personal data relating to data subjects are being processed. If you would like to make use of this right of confirmation, you can contact the data protection officer at any time.

Right to information

Every person affected by the processing of personal data has the right to receive free information from the operator of this website about the personal data stored about him and a copy of this information at any time. Furthermore, the following information can be provided if necessary:

  • the processing purposes
  • the categories of personal data being 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 used to determine that duration
  • the existence of a right to correction or deletion of the personal data concerning you or to restriction of processing by the person responsible or a right to object right against this processing
  • the existence of a right of appeal to a supervisory authority
  • if the personal data are not collected from the data subject: all available information about the origin of the data

Furthermore, the data subject has a right to information as to whether personal data has been transmitted to a third country or to an international organization. If this is the case, the person concerned has the right to receive information about the appropriate guarantees in connection with the transmission.

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 them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data - also by means of a supplementary declaration.

If you would like to make use of this right to rectification, you can contact our data protection officer at any time.

Right to erasure (right to be forgotten)

Any person affected by the processing of personal data has the right to request from the person responsible for this website that the personal data concerning them be deleted immediately if one of the following reasons applies and if the processing is not necessary: 

  • The personal data were collected for purposes or otherwise processed for which they are no longer necessary
  • The data subject withdraws their consent on which the processing was based and there is no other legal basis for the processing
  • The data subject objects to the processing for reasons arising from their particular situation and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing in the case of direct advertising and associated profiling a 
  • The personal data was processed unlawfully
  • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject
  • The personal data was collected in relation to information society services offered, made directly to a child

If one of the above reasons applies and you wish to have personal data stored by the operator of this website deleted, you can contact our data protection officer at any time. The data protection officer of this website will ensure that the request for deletion is complied with immediately.

Right to restriction of processing

Any person affected by the processing of personal data has the right to request that the person responsible for this website restrict the 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 refuses to have the personal data deleted and instead requests that the use of the personal data be restricted
  • The person responsible no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims
  • The data subject has lodged an objection to the processing for reasons arising from their particular situation and it is not yet clear whether the legitimate reasons of the person responsible outweigh those of the data subject

If one of the above conditions is met and you wish to request the restriction of personal data stored by the operator of this website, you can contact our data protection officer at any time. The data protection officer of this website will arrange for the restriction of processing.

Right to data portability

Every person affected by the processing of personal data has the right to receive the personal data concerning them in a structured, common and machine-readable format. You also have the right to have this data transmitted to another person responsible if the legal requirements are met.

Furthermore, the data subject has the right to have the personal data transmitted directly from one person responsible to another person responsible, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other persons.

To assert the right to data transferability, you can contact the data protection officer appointed by the operator of this website at any time.

Right to object

Every person affected by the processing of personal data has the right to object at any time to the processing of personal data relating to them for reasons that arise from their particular situation.

The operator of this website will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing which outweigh the interests, rights and freedoms of the data subject, or if the processing is necessary for the assertion, exercise or defense of legal claims.

To exercise the right to object, you can contact the data protection officer of this website directly.

Right to withdraw consent under data protection law

Any 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 would like to assert your right to revoke your consent, you can contact our data protection officer at any time.

Data protection declaration for objection to advertising e-mails

We hereby object to the use of contact data published as part of the imprint obligation to send unsolicited advertising and information material. The site operators expressly reserve the right to take legal action in the event of unsolicited advertising being sent, such as spam e-mails.

Paid services

In order to provide services that are subject to a charge, we will ask for additional data, such as payment details, to process your order or to carry out your order. We store this data in our systems until the statutory retention periods have expired.

Copyrights

The copyright 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 all 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 rights holder may be liable to prosecution and may be liable for damages.

General Disclaimer

All information on this website has been carefully checked. We make every effort to ensure that the information we offer is up-to-date, correct in terms of content and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, correctness and topicality of information, including that of a journalistic and editorial nature. Liability claims for damage of a material or immaterial nature caused by the use of the information provided are excluded unless there is evidence of intentional or grossly negligent fault.

The publisher can change or delete texts at its own discretion and without notice and is not obliged to update the content of this website. Use of or access to this website is at the visitor's own risk. The publisher, its clients or partners are not responsible for any damage, such as direct, indirect, accidental, damage to be specified in advance or consequential damage, which is alleged to have arisen from visiting this website and therefore assume no liability for this.

The publisher also assumes no responsibility and 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 pages are solely responsible for their content. The publisher expressly distances himself from all third-party content that may be relevant under criminal or liability law or that violate common decency.

Changes

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

Questions to the data protection officer

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

Source: SwissAnwalt


The foregoing document is a translation of the German “Datenschutzerklärung”, Privacy Statement. In the event of any doubt, the German original shall take precedence.