Article 1: Scope of application
1.1 The Lawpedia® website is generally subject to Swiss data protection law, in particular pursuant to the Swiss Federal Data Protection Act (DSG) and any applicable foreign data protection law, such as the Data Protection Basic Regulation (DSGVO) of the European Union (EU). The EU recognises that Swiss data protection law guarantees adequate data protection and is therefore considered equivalent.
Article 2: Processing of personal data
2.1 Personal data is all information relating to a specific or identifiable person. A data subject is a person about whom personal data are processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, deletion, storage, alteration, destruction and use of personal data.
2.2 We process personal data in accordance with Swiss data protection law. In all other respects, we process personal data in accordance with the following legal principles, insofar and to the extent that the DSGVO is applicable:
Art. 6 para. 1 lit. a DSGVO for the processing of personal data with the consent of the data subject.
Art. 6 para. 1 lit. b DSGVO for the processing of personal data required for the fulfilment of a contract with the data subject as well as for the implementation of corresponding pre-contractual measures.
Art. 6 para. 1 lit. c DSGVO for the necessary processing of personal data to fulfil a legal obligation to which we are subject under any applicable EU law or under any applicable law of a country in which the DSGVO is fully or partially applicable.
Art. 6 para. 1 lit. d DSGVO for the necessary processing of personal data to protect vital interests of the data subject or another natural person.
Art. 6 para. 1 lit. f DSGVO for the necessary processing of personal data to protect the legitimate interests of us or third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests are in particular our economic interest in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.
2.3 We process personal data for the duration necessary for the purpose or purposes in question. In the case of longer-term storage obligations due to legal and other obligations to which we are subject, we limit the processing accordingly.
Art. 3: Integration of contact form and comment function
3.1 On the Lawpedia® website a contact form can be filled out and comments can be made. We store the information that visitors to our website enter themselves. In addition, the hosting provider provides us with IP address, time and date to combat abuse, including identity theft and spam.
Art. 4: Third party services
4.1 The Lawpedia® website is hosted at domainfactory GmBH in Ismaning (Germany). When you access and use our website, domainfactory collects personal data which your browser automatically transmits to the hosting server. This information is temporarily stored in a so-called log file. When you use our website, domainfactory collects the following data, which is technically necessary to display the website and to guarantee its stability and security: a) IP address of the requesting computer, b) date and time of access, c) name and URL of the accessed file, d) website from which the access is made (referrer URL) as well as e) browser used and if applicable the operating system of your computer, as well as the name of your access provider. We cannot assume any responsibility for the confidential handling of your data at domainfactory, as we have no influence on the compliance with data protection by this company. Please inquire about the handling of your personal data directly at domainfactory, please consult: https://www.df.eu/de/datenschutz/.
4.2 On our website there are functions of the web-based social network LinkedIn to maintain existing business contacts and to establish new business connections. These features are provided by LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. For information on how your personal information is handled, please contact LinkedIn directly at: https://privacy.linkedin.com/de-de.
4.3 Our Website incorporates features of the Skype instant messaging service, a division of Microsoft Corporation. These features are provided by Skype Communications SARL, 23-29 Rives de Clausen, L-2165 Luxembourg. Please contact Microsoft directly to find out how your personal data will be handled; please consult: https://privacy.microsoft.com/de-de/privacystatement
4.4 Functions of the instant messaging service Telegram are integrated on our website. These functions are offered by Telegram Messenger LLP, 71-75 Shelton Street, Covent Garden, London, United Kingdom. Please contact Telegram directly to find out how your personal data will be handled; please consult: https://telegram.org/faq#q-what-about-gdpr
4.5 Our Web site incorporates features of the YouTube LLC video portal, a division of Google LLC. These functions are offered by YouTube LLC, 901 Cherry Avenue, San Bruno, CA 94066, USA. Please contact YouTube directly to find out how your personal information will be handled: https://www.youtube.com/t/terms?gl=CH
Art. 5: Hyperlinks
5.1 The Lawpedia® website contains so-called hyperlinks to websites of other providers. A website is part of a website with its own URL address (e.g. https://www.loetscher.com/datenschutz). Each website can thus be accessed via this address from a web browser. If these hyperlinks are activated, you will be redirected from our website directly to the websites of the other providers. You can recognize this by the change of URL, among other things. We cannot accept any responsibility for the confidential handling of your data on these third-party websites, as we have no influence over whether these companies comply with the data protection regulations. Please inform yourself about the handling of your personal data by these companies directly on these websites.
Art. 6: Rights of data subjects
6.1 Visitors to the Lawpedia® website and other persons through whom we process personal data may receive free confirmation as to whether personal data is being processed by us and, if so, request information about our processing of their personal data, restrict processing of their personal data, exercise their right to data transferability – to the extent and to the extent that the DSGVO is applicable – correct, delete (“Right to Forget”) or block their personal data, revoke consent given and object to processing of their personal data.
6.2 Persons about whom we process personal data have the right to appeal to a competent data protection supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).
7.1 We are committed to protecting your privacy and keeping your personal information confidential. In order to avoid manipulation, loss or misuse of your data stored with us, we take extensive technical and organizational security precautions, which are regularly checked and adapted to technological progress. This includes the use of recognized encryption methods (SSL or TLS). However, we would like to point out that due to the structure of the Internet, it is possible that the rules of data protection and the above-mentioned security measures may not be observed by other persons or institutions outside our area of responsibility. In particular, unencrypted data can be read by third parties – e.g. if this is done by e-mail. We have no technical influence on this. It is the responsibility of the user to protect the data made available by him against misuse by encryption or in any other way.
7.2 Access to this website is also subject – as is the case with any use of the Internet – to general, uninitiated, indiscriminate and suspicion-independent mass surveillance by security authorities in Switzerland, the EU, the USA and other countries. We have no direct influence on the corresponding processing of personal data by secret services, police stations and other security authorities.
Art. 8: Contact addresses and responsibility
8.1 Inquiries from supervisory authorities and persons concerned usually reach us by e-mail, but can also be sent by letter post:
DDr. Marcel Lötscher, LL.M. MBA
Lawyer and Mediator
Art. 9: Severability clause