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Data Protection Information

INFORMATION ON DATA PROTECTION REGARDING OUR PROCESSING UNDER ARTICLES 13, 14 AND 21 GENERAL DATA PROTECTION REGULATION (GDPR)

1. Data Controller and contact details

Data Controller:
Pontinova AG
Beethovenstrasse 7
8002 Zurich
Switzerland
T + 41 44 288 37 37
F + 41 44 288 37 38
E-Mail info@pontinova.ch

2. Collection and storage of personal data and the nature and purpose of their use

a) Visiting our website

Whenever you visit our website, your browser automatically sends information to our website server where it is temporarily saved in a log file. The following files are automatically recorded and stored until they are automatically deleted:

• Browser type and browser version
• Operating system used
• Referrer URL
• Host name of the computer making access
• Time of the server inquiry
• IP address.

The collection and processing of this data is carried out for the purpose of enabling the use of our website (connection setup), to ensure system security and stability on a permanent basis, to enable the technical administration of the network infrastructure and the optimization of our Internet offer as well as for internal statistical purposes. The IP address is only evaluated in the event of attacks on the network infrastructure, and for statistical purposes.

Our legitimate interest is based on the purposes of data collection listed above. Under no circumstances do we use the data collected for the purpose of drawing inferences concerning your person.

b) When using our contact form

You can use the form provided on our website to contact us concerning any type of question. In addition to your form of address, first and last name as well as the name of your company, the provision of a valid email address is required, so that we know from whom the inquiry originates and to enable us to answer. Additional information can be provided on a voluntary basis. The data entered in the contact form will be transferred to us exclusively in encrypted form.

Data processing for the purpose of contacting us will be carried out on the basis of your voluntary consent in accordance with Art. 6 (1) Sentence 1 lit. a GDPR.

3. Transfer of your data to a third party

Your personal data will only be transferred to third parties if

• you have given us consent to transmit data to third parties,
• this is necessary in accordance with Art. 6(1)(b) GDPR for the processing of client relationships with you (this includes in particular passing it on to the opposing party in proceedings and their representatives, in particular their attorneys, as well as courts and other public authorities for the purposes of correspondence, marketing measures, as well as for the asserting and defending of their rights),
• this is for the purpose of satisfying statutory requirements, under which we are obliged to provide information, to report or forward data,
• for purposes where we are obligated or entitled to give information, notification or forward data, to the extent that external service providers commissioned by us process data as contract processors or parties that assume certain functions (e.g. external data centers, support and maintenance of IT applications, archiving, document processing, call center services, compliance services, controlling, data screening for anti-money laundering purposes, data validation and data protection, plausibility check, data destruction, purchasing/procurement, customer administration, letter shops, marketing, media technology, research, risk controlling, billing, telephony, website management, auditing services, credit institutions, printing plants or companies for data disposal, courier services, logistics, press relations work).
We will moreover refrain from transmitting your data to third parties if we have not informed you of such separately. If we commission service providers within the framework of processing an order, your data will be subject there to the security standards stipulated by us in order to adequately protect your data. In all other cases, recipients may only use the data for purposes for which the data have been sent to them.
Attorney-client privilege will remain unaffected. With regard to data that is subject to attorney-client privilege, the information will only be passed on with your agreement.
Within our firm, the internal departments and organizational units who need your data in order to fulfill our contractual and legal obligation or within the processing and implementation of our justified interest will receive your data.

4. WordPress

Our website is self-hosted but is based on WordPress. We use the Anti Spam PlugIn CleanTalk from WordPress to prevent possible spam when logging on as well as within the comments. To this end parameters such as specific words, IP addresses, email addresses or domain names are sent to a server in the USA and compared there. If CleanTalk identifies any of the content forwarded as spam, this will be sent back to us as message and the information stored in the USA. According to information provided by CleanTalk, the maximum storage duration is 45 days. Further information on CleanTalk is available at https://cleantalk.org/publicoffer#privacy.

5. Cookies

In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive assigned to the browser you are using and through which certain information flows to the location that sets the cookie (here by us). Cookies cannot execute programs or transmit viruses to your computer. They serve to make the website more user-friendly and effective.

Use of cookies:

a) This website uses the following types of cookies, the scope and function of which are explained below:

– Transient cookies (see b)
– Persistent cookies (see c).

b) Transient cookies are automatically deleted when you close your browser. These include in particular session cookies. They store a so-called session ID, which can be used to assign various requests from your browser to the shared session. This enables your computer to be recognised when you return to our website. The session cookies are deleted when you log out or close your browser.

c) Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete cookies at any time in the security settings of your browser.

d) You can configure your browser settings according to your wishes and, for example, refuse to accept third-party cookies or all cookies. We would like to point out that you may not be able to use all the functions of this website.

e) We use cookies to identify you for subsequent visits if you have an account with us. Otherwise, you will have to log in again for each visit.

f) The Flash cookies used are not recorded by your browser, but by your Flash plug-in. We also use HTML5 storage objects, which are stored on your end device. These objects store the required data regardless of the browser you are using and do not have an automatic expiration date. If you do not wish the Flash cookies to be processed, you must install an appropriate add-on, e.g. “Better Privacy” for Mozilla Firefox (https://addons.mozilla.org/de/firefox/addon/betterprivacy/) or the Adobe Flash Killer cookie for Google Chrome. You can prevent the use of HTML5 storage objects by using private mode in your browser. We also recommend that you regularly delete your cookies and browser history manually.

6. Google Maps

Our website uses Google Maps (API) from Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Maps is a web service enabling the presentation of interactive (land) maps for the visual presentation of geographic information. This service can be used for example to show you our location and to facilitate possible travel to us.

As soon as you call up those subpages into which the Google Maps map is incorporated, information on your use of our website (e.g. your IP address) will be sent to Google servers in the USA and stored there. This will be done irrespective of whether Google provides a user account via which you are logged on, or whether no user account exists. If you are logged on with Google, your data will be assigned directly to your account. If you do not wish assignment to be made to your Google profile, you must log off from your Google user account. Google will store your data (including data of users not logged on) as use profile and will evaluate these. Any such evaluation will be carried out in particular in accordance with Art. 6 (1) lit. f GDPR on the basis of the legitimate interests of Google in the on-screen display of personalised advertising, market research and/or requirements-oriented design of its website. You have a right to object to the creation of these user profiles. Your objection must be addressed to Google.

Google LLC, whose registered office is in the USA, is certified for the US-European data protection agreement “Privacy Shield” that guarantees compliance with the level of data protection applicable in the EU.

If you are not in agreement with the future transfer of your data to Google within the scope of the use of Google Maps, you also have the possibility of fully deactivating the Google Maps web service by switching off the JavaScript application in your browser. The use of Google Maps – and thus also of the map display – on this website will not then be possible.

The use of Google Maps is in the interests of an appealing presentation of our online offers and easy location of the places stated by us on the website. This constitutes a legitimate interest as defined in Art. 6 (1) lit. f GDPR.

The terms and conditions of use of Google can be found at https://www.google.de/intl/de/policies/terms/regional.html, the supplementary terms and conditions of use for Google Maps are available at https://www.google.com/intl/de_US/help/terms_maps.html.

Extensive information on data protection in connection with the use of Google Maps can be found on the Google Internet site (“Google Privacy Policy”): https://www.google.de/intl/de/policies/privacy/.

7. Google Fonts

We use Google Fonts of the company Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA) on our website. Google Fonts is used without authentication and no cookies are sent to the Google Fonts API. If you have an account with Google, none of your Google Account information will be transmitted to Google while using Google Fonts. Google only records the use of CSS and the fonts used and stores this information securely. You can find out more about these and other questions at https://developers.google.com/fonts/faq?tid=231543930195.
You can find out which data is collected by Google and what this data is used for at https://www.google.com/intl/de/policies/privacy/ .

8. Use of ajax.googleapis.com/ jQuery

This site uses Ajax and jQuery technologies to optimise the loading speeds. Program libraries of Google servers are called up in this context. The Google CDN (Content Delivery Network) is used. If you have previously used JQuery on another Google CDN site, your browser will make recourse to the copy deposited in the cache. If this is not the case, downloading is necessary which involves data being sent from your browser to Google Inc. (“Google”). Your data will be transferred to the USA. Detailed information is available on the providers’ sites.

9. MyFonts Counter

This website uses MyFonts Counter, a web analysis service of MyFonts Inc., 500 Unicorn Park Drive, Woburn, MA 01801, USA. Due to the license terms page-view tracking is carried out. This involves counting the number of visits to the website for statistical purposes and forwarding the information to MyFonts. In this context, MyFonts collects only anonymised data. If necessary, the data are forwarded via the activation of Java-Script-Code in your browser. To prevent the performance of Java-Script-Code by MyFonts overall, you can install a Java-Script-Blocker (e.g. www.noscript.net). Further information on MyFonts Counter can be found in the MyFonts Data Protection Notice at http://www.myfonts.com/info/terms-and-conditions/#Privacy.

10. Your data protection rights / Rights of data subjects

If certain conditions are met, you can assert the following data protection rights against us:

• In accordance with Art. 7(3) GDPR, you may revoke the consent that you have granted to us at any time. The result of this is that we may no longer perform the data processing that this consent relates to in future.
• Under Art. 15 GDPR, you have the right to obtain information on your personal data pro- cessed by us.
• Upon request, we will rectify or complete data stored on you in accordance with Art. 16 GDPR if such data is inaccurate or faulty.
• Upon your request, we will erase your data in accordance with the principles of Art. 17 GDPR unless we are prohibited to do so by other statutory provisions (e.g., statutory retention obligations) or an overriding interest on our part (for example, to defend our rights and claims into account the preconditions laid down in Art. 18 GDPR, you may request from us to restrict the processing of your data.
• In accordance with the provisions of Art. 20 GDPR, you also have the right to receive the personal data concerning you in a structured, commonly used and machine-readable format or transmit such data to a third party.
• Furthermore, you may file an objection to the processing of your data in accordance with Art. 21 GDPR, as a result of which we have to stop processing your data. This right of objection only applies, however, if very special circumstances characterize your personal situation, whereby the rights of our firm may run counter to your right of objection.
• You furthermore have the right to revoke consent that has been issued to us to process personal data at any time with effect for the future.
• In addition, you have the right to complain to a data protection authority (Art. 77 GDPR).
Your applications regarding the exercising of your rights should be addressed if possible in writing to the abovementioned address.

11. Information on your right of objection under Art. 21 GDPR

• You have the right to file an objection at any time against processing of your data which is performed on the basis of Art. 6(1)(f) GDPR (data processing on the basis of a weighing out of interests) or Art. Art. 6(1)(e) GDPR (data processing in the public interest). The precondition for this, however, is that there are grounds for your objection emanating from your special personal situation. This also applies to profiling that is based on this purpose within the meaning of Art. 4(4) GDPR.
• If you file an objection, we will no longer process your personal data unless we can demonstrate compelling reasons warranting protection for the processing that outweigh your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
• We also process your personal data in order to perform direct advertising. If you do not want to receive any advertising, you have the right to file an objection thereto at any time. This also applies to the profiling to the extent that it is connected with such direct advertising. We will respect this objection with effect for the future.
• We will no longer process your data for the purpose of direct advertising if you object to processing for this purpose. The objection may be filed without adhering to any form requirements and should be sent to info@pontinova.ch.

12. Data security

We use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or total loss, destruction or against unauthorized access by third parties. Our security procedures are continually improved as new technology develops.

13. Modifications to this Privacy Policy

The effective date of this Privacy Policy is 24th December 2018.

Due to the further development of our website or due to changed legal or official requirements, it may become necessary to amend this Privacy Policy. The current Privacy Policy can be accessed at any time here on our Website.