data protection statement

Privacy Policy of Häusermann + Partners and Häusermann + Partners Ltd

Below you will find an English translation of our data protection declaration in German. In the event of any discrepancies, our German version shall prevail.

A.   GENERAL TERMS

1. Privacy policy

In our privacy policy, we would like to provide you with detailed information about the way we collect and manage data in the context of our professional relationship with you. Häusermann + Partners is responsible for the processing of data as specified in this privacy policy. Throughout this privacy policy, any mention of Häusermann + Partners also applies to Häusermann + Partners Ltd.

As far as our website is concerned, we waive all responsibility and liability for any links on our website connecting users to a third party website. By choosing to click on any such link, you as a user assume full responsibility.

In our data processing system, we comply with the legal frameworks underlying the Federal Act on Data Protection (FADP) as well as the European Union’s General Data Protection Regulation (GDPR), as far as those are applicable to you.

2. Professional confidentiality

Apart from the general data protection law, professional confidentiality applies as far the attorney/notary – relationship rather than any business relationship separate from our work as attorneys/notaries is concerned. Attorneys as well as notaries are legally bound to be independent. They dedicate their undivided attention to the solution of their clients’ problems and do not represent any interests running counter to those of their clients. Due to this particular position of trust, all information pertaining as well as belonging to our clients is protected by professional confidentiality. Professional confidentiality doesn’t only bind attorneys as well as notaries to absolute secrecy, but also entitles them to refuse to disclose any information to authorities and third parties. Independence, professional confidentiality and the aforementioned position of trust guarantee that our clients can trust their respective attorney and/or notary without reservation.

 

B.   THE COLLECTION AND STORING OF PERSONAL DATA AND PURPOSE OF USE

3. Collecting personal data

Personal data encompasses all information concerning an identified or identifiable natural person.

We primarily process personal data which we collect as a result of running our website or other applications, as well as data which we collect in the context of our business relationship with our clients as well as business partners as a result of a mandate or some other contractual relationship or through correspondence (by means of electronic as well as regular mail).

We primarily obtain most of the data pertaining to you from you personally. To the extent permitted, we also collect your personal data from sources accessible to the public (e.g. through the media or the internet) as well as from public registries (e.g. the commercial register, the debt collection register or the land register). As a result of our work, data from third parties, in particular from your colleagues, possible subcontractors or the authorities may also be made available to us. Possibly, we may also gather information about you through correspondence or meetings with third parties or individuals from your environment (e.g. references, your address for deliveries, power of attorney, information necessary to comply with legal requirements, information obtained from banks, insurance companies or distribution or other partners of ours).

The scope of data saved by us depends on the existence as well as the specific nature of our mandate or contractual relationship with you. Normally, this kind of data it will entail your name, address, date of birth, your right of abode, marital status, e-mail address, website, phone number and occupation.

Our data processing practice is justified by your consent, the implementation of a contract or pre-contractual measures taken, legal compliance, our interests as well as by further relevant legal norms.

4. Visiting our website

By calling up our website www.haeusermann.ch, information is automatically sent to our website’s server through the browser used on your end device. This information is temporarily saved in a log file. The following information will be collected and saved without your active contribution until its automatic deletion:

  • IP-address of the device sending the query
  • Time and date of the access
  • Name and URL of the file retrieved
  • Website from which our website was accessed (referring URL)
  • Browser used and, where applicable, operating system of your computer as well as your access provider’s name

We will use this data to guarantee the smooth establishment of a connection to our website, to analyse our system security and stability as well as for further administrative purposes. The processing of data is justified by the purposes listed above. Under no circumstances do we use the collected data to establish your identity.

Moreover, we do use cookies as well as analytical services to evaluate visits to our website. You can find further information regarding the latter under Section 16 of this privacy policy.

5. Messages, notifications and updates

Communication for advertising purposes: we may send you marketing content regarding our website, services and products through a number of communication channels. The delivery of advertising material is entirely contingent on your explicit approval or on the existence of another legal basis. You can unsubscribe from receiving advertising material at any point by simply following the instructions enclosed in our messages. In addition, you may opt out of receiving advertising material in the future by sending an e-mail to datenschutz@haeusermann.ch

A further service provided by us consists of a regular newsletter covering various current topics in law. The delivery of our newsletter is contingent on your explicit approval or on some other form of legal basis. You can register to receive our newsletter through our website (). The delivery of our newsletter is executed through Mailpro, a newsletter provider (https://de.mailpro.com). Through the statistics generated by Mailpro, we can track if and at what point in time you opened our e-mail and/or which link you clicked on. Thereby, we can measure and understand how you use the services we provide and tailor them better to your needs. The receipt as well as the retrieval of our newsletter is not connected to any paid services. You may unsubscribe from receiving our newsletter at any time by clicking on the relevant link in the e-mail sent to you with our newsletter.

Communication regarding informational and other purposes: We will send you messages which are necessary and important to all clients; messages containing vital information as well as messages as per your request. It is not possible to opt out of receiving these messages. However, you may be able to adjust the relevant media as well as the corresponding format of the newsletter.

6. Sensitive personal data / personality profiles

Neither do we collect any sensitive personal data (e.g. salary information, private information about our clients, data regarding religious or other personal views, health-related information etc.), nor do we establish personality profiles based on the data from those visiting our website.

In the context of our mandate-based relationship, we will most likely receive or collect sensitive personal data regarding our clients. Any and all information and documentation received from you as a potential or existing client is covered by professional confidentiality. We value the protection of your sensitive personal data tremendously. Sensitive personal data is exclusively collected directly from you (with your knowledge) or third parties on the basis of the powers of attorney granted to us in connection with the fulfilment of our mandate.

We may establish personality profiles based on the data collected in the context of our mandate-based or business relationship to be able to inform you about our products and services in a more purposive manner. To this end, we use evaluation tools which allow us to tailor our communication to specific needs and to choose suitable options for advertising.

7. Purpose and legal basis of data processing

We process your data only for pre-specified purposes and only in legally admissible cases, i.e. to fulfil existing contracts with our clients, in order to uphold or establish our business relationship to you and to be able to communicate further, for example for the purpose of delivering newsletters, invitations to events, educational programs or lectures as well as for the purpose of maintaining our contact database. Moreover, your data may be processed in order to fulfil our contract or to close contracts with third parties in those cases where we need to ensure that no conflict of interest will ensue.

The scope legal basis in processing of your data may be your consent, the execution of a contract or pre-contractual measures, the fulfilment of legal obligations, overwhelming interests on our side or those of third parties as well as some other form of legal basis.

Given that you have consented to us processing your personal data for specific purposes, we will process your data within the bounds and based on this consent, given that there is no other legal basis in those cases requiring one. Consent can be revoked at any point, which will, however, not have an impact on any data processing that has already occurred.

8. Release of data to third parties

The provision of our services as well as our website may require us to use third party services. In this context, third parties may be tasked with processing your data. We may also potentially be obligated to disclose information pertaining to you to authorities or further third parties.

Your data will only be released to third parties with your explicit consent. Furthermore, your data may be passed on in cases where there is a legal obligation to do so, in case it is required for the enforcement of our rights, in particular for the enforcement of demands stemming from a contractual relationship, in case it is necessary for the fulfilment of the contract or the execution of pre-contractual measures (e.g. the Swiss Postal Service or other courier services, telecommunication service providers, authorities in the field of debt collection measures etc.), in case we do have a justified interest in doing so and your interests do not override ours, as well as in cases where there is another form of legal basis for it; however, only insofar and as long as

  1. they themselves are subject to legal confidentiality (e.g. the confidentiality of postal and telecommunication services; official secrecy),
  2. they are bound to confidentiality based on a contract with us, or
  3. we have been released from professional confidentiality for a specific issue.

In all of these cases listed above, we strictly adhere to the applicable data protection laws.

Under certain circumstances, your personal data may be passed on to companies abroad. These companies, however, are bound by the same data protection standards used by Häusermann + Partners. In case the level of data protection in the country where the recipient company is based does not correspond to the level of data protection in Switzerland or the European Union, we will ensure by means of a contract that data protection standards equivalent to those of Switzerland or the European Union will be adhered to. This may be achieved by means of adopting standard data protection clauses of the European Commission or a supervising authority, an accredited and approved code of conduct in combination with binding and enforceable obligations on the side of the recipient or the accredited certification mechanisms in combination with binding and enforceable obligations on the side of the recipient.

In case of data being transmitted to a company based in the US, we will ensure that the company in question is certified according to the Swiss or the EU-US Privacy Shield agreement to ensure that the high level of data protection in Switzerland and the EU is guaranteed.

9. Period of storage

We only save your personal data for as long as it is required in order to fulfil the purposes for which the data was collected in the first place, and to the extent to which this is admissible under the relevant laws.

We do store your personal data as long as legal obligations to preserve records are in place or as long as potential legal claims have not yet expired.

10. Data security

We do take appropriate technical as well as organizational security measures in order to protect your personal data from any unauthorized access as well as from abuse. This includes the issuing of internal guidelines, internal trainings, adequate IT and network security solutions, access controls as well as restrictions etc.

The SSL procedure (Secure Socket Layer, “https”) is used for the transmission of data on our website.

11. Transmission of personal data

You may of course contact us by e-mail. If you choose to do so, your e-mail address, the date, content and subject of your e-mail as well as the contact details you provided us with for the purpose of processing your request and in case of follow-up questions will be saved, as long as is necessary for the completion of the tasks assigned to us or as long as we are obligated to do so by law.

The use of e-mails is not secure from a technical point of view. For example, e-mails may fail to deliver. E-mails may also “leave” Switzerland’s borders in the process of their delivery, even when the sender as well as the recipient are located within Switzerland. The confidentiality of e-mails can therefore not be guaranteed in case of missing or insufficient encryption. Unencrypted e-mails are therefore not suitable for the transmission of confidential information.

By choosing to send us an e-mail, you agree to communication via e-mail with full knowledge of the risks stated above.

 

C.   YOUR RIGHTS

12. Right of access and rectification

You have the right to access and to request the disclosure of information regarding any personal data processed by us free of charge. In particular, you may request information regarding the purpose of processing your data, the category of personal data processed, the categories of the recipients of your data, the envisaged period for which the personal data will be stored etc. In addition, you have the right to rectification of inaccurate personal data.

Please do not hesitate to contact us with regard to this matter. You can find our contact details in section 15 of this privacy policy.

13. Right to withdraw consent, to object and to erasure

Whenever the processing of data is contingent on your consent, you shall have the right to withdraw your consent at any time and demand the erasure of your personal data. Moreover, you may have the right to obtain restriction of processing of your personal data or object to your data being processed altogether. Under certain circumstances, you have the additional right to receive the personal data concerning you, which you had previously provided to us (The right to data portability).

If you would like to make use of these rights, please do contact us. You can find our contact details under section 15 of this privacy policy.

Please do note that we ourselves have certain obligations with regard to our work as attorneys/notaries in addition to certain obligations based on tax and commercial law to store booking vouchers for at least 10 fiscal years. As a result, we are unable to erase any personal data contained in those documents. In those cases, your request of erasure is only valid for the future processing of your personal data.

In case of outstanding services at the time we receive your objection, revocation or request to deletion, your data will continue to be processed up to the full completion of our business relationship. Your revocation does not have an impact on the execution of existing contractual relationships and does not constitute an extraordinary reason for termination.

14. Adjustments of various privacy policies

We do reserve the right to alter this privacy policy at any time, as well as to inform clients and users about any changes made in a suitable manner.

Any changes made to this privacy policy are valid from the point of their publication on our website. The processing of personal data collected under a previous privacy policy will be managed in accordance with this privacy policy.

15. Point of contact for questions / personal contact

We are happy to answer any questions regarding this privacy policy or regarding your personal data. Please send an e-mail to datenschutz@haeusermann.ch. You may also contact us by phone under +41 31 326 51 51.

 

C.   SPECIAL INFORMATION REGARDING ACCESSING OUR WEBSITE

16. Cookies

We do use cookies on our website. Cookies are small files created automatically by your browser, which will be saved to your end device (laptop, tablet, smart phone etc.) when visiting our website. Cookies do no harm to your end device and do not contain any viruses, trojans or any other malware.

A cookie stores information pertaining to your specific end device. However, this does not mean that this allows us to establish your identity directly.

Using cookies allows us to create a more user-friendly experience for those using our services. We use so-called session cookies to establish which individual pages of our website you have previously visited. These cookies will be deleted automatically once you have left our website.

Beyond the use of session cookies, we also use temporary cookies in order to optimize our website’s user friendliness. These cookies are stored on your end device for a specific amount of time. In case you visit our website again in order to use our services, the website will automatically recognize that you have visited the website before as well as which settings you have previously chosen to save you the effort of having to enter them a second time.

Moreover, we utilize cookies in order to collect statistical information about the use of our website. These cookies will not be evaluated. They do, however, allow us to recognize whether you have previously visited our website. These cookies will automatically be deleted after a specific amount of time.

Data processed through cookies are necessary for the purposes mentioned above to protect our interests as well as those of third parties.

Most browsers automatically accept cookies. You can, however, configure your browser in such a way that no cookies are stored on your computer, or that a warning will pop up every time a new cookie is placed. However, the complete deactivation of cookies may result in you not being able to fully use all functions on our website.

17. Google services

The following tracking tools and Google services used by Häusermann + Partner are necessary to protect our interests as well as those of third parties. We aim to guarantee a website tailored to your needs as well as to continually optimize it by using such tracking tools. In addition, we use such tracking tools in order to analyse the usage of our website statistically. These statistics, however, will not be analysed.

Particular data processing purposes as well as data categories can be extracted from the specific tracking tools.

a) Google Analytics
For the purpose of a tailor-made design as well as the continual optimization of our website, we use Google Analytics, a web-based analytical service by Google Inc. (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) or other comparable services. In this context, pseudonymised user profiles are established and cookies used (see Section 16). Information regarding your usage of our website (such as browser type and version, operating system, referring URL (the website called up prior to accessing our website), host name of the accessing device (IP address), time of access) collected through the use of cookies will be transferred to a Google server in the US and stored there. This information will be used to evaluate the usage of our website (however, not the usage of specific individuals) in order to create reports about activities connected to our website and in order to provide further services connected to the usage of our website and the internet in general for the purpose of conducting market research and a more user-friendly design of our website. This information may be passed on to third parties in cases where there is a legal requirement to do so or whenever third parties are tasked with evaluating this data. Your IP address will not be merged with other Google data.

You may prevent the installation of cookies by enabling certain features in the settings in your browser software. We do, however, point out that if you opt to do so, not all functions of our website may be accessible to you.

Going even further, you may prevent the collection as well as the storage of data regarding your usage of the website collected through cookies (including your IP address) by downloading and installing a browser add-on (https://tools.google.com/dlpage(gaopotout?hl=de). Alternatively, you may prevent the collection of your data by Google Analytics by clicking on https://tools.googlecom/dlpage/gaoptout rather than using browser add-ons, in particular when using browsers on mobile end devices. By clicking on the link, an opt-out cookie will be established, which will prevent the collection of your data by Google Analytics during your next visit to a given website. However, such an opt-out cookie is only valid in the specific browser used, only for our website, and will be stored on your device. In case you delete cookies in that specific browser, you will have to establish the opt-out cookie once again.

Further information regarding data protection with regard to Google Analytics can be found in Google Analytics’ help system, among other places (https://support.google.com/analytics/answer/6004245?hl=de).

b) Google Maps
We do use Google Maps on the contact page of our website. By clicking on the map, a direct connection between your browser and Google’s server is established and personal data will be forwarded to Google.

The usage follow’s Google Maps’ terms of use (https://www.google.com/intl/de_ch/help/terms_maps/). The purpose and scope of the collection of data as well as the further processing and usage of data by Google as well as your specific rights in this regard in addition to your specific possibilities to manage your settings regarding the protection of your privacy can be found in Google’s terms of use (https://policies.google.com/privacy?hl=de).

c) Google ReCaptcha
In order to secure our website, we use Google reCaptcha (https://www.google.com/recaptcha/intro/v3.html). ReCaptcha is a service offered by Google with the ability to decide whether a specific action online is executed by a human being or a computer program or a bot, respectively. In this context, cookies are used (see Section 16).

By using Google reCaptcha, personal data (in particular your IP address, place as well as time of access) will be forwarded to Google. Further information regarding the scope and purpose of this particular type of data, the further processing and usage of this data by Google as well as your rights in this regard can be found in Google’s terms of use (https://policies.google.com(privacy?hl=de). You may also learn more about reCaptcha on Google’s web developing page (https://developers.google.com/recaptcha/).

d) Google Adwords Conversion Tracking
In order to be able to statistically analyse the usage of our website and to evaluate our website for the purpose of its optimization, we may also opt to use Google Conversion Tracking. Through Google Conversion Tracking, a cookie will be stored on your device, given that you have reached our website through a Google ad.

Such cookies will become invalid after 30 days and do not serve to personally identify users. If a user visits specific pages on the website of an Adwords client and the cookie has not yet expired, Google as well as the Adwords client can recognize that a user has clicked on an ad has been forwarded to their website.

Each Adwords client receives a different cookie. As a consequence, cookies can’t be tracked through the website of Adwords clients. Information collected through such conversion cookies serves to establish conversion statistics for Adwords clients who have opted to use conversion tracking. Adwords clients receive information regarding the total number of users who have clicked on their ad and have been forwarded to a website equipped with a conversion tracking tag. They do, however, not receive any information which would allow them to personally identify such users.

If you prefer not to participate in this particular tracking process, you may once again opt to reject the required cookie – for example in your browser settings, which generally deactivates any automatic storage of cookies. You may also deactivate cookies used for conversion tracking by configuring in such a way that all cookies from the domain www.googleadservices.com are blocked.

Google’s data protection instructions can be found under https://services.google.com/sitestats/de.html.

18. Social Media Plugins / SBB

On our website, we do make us of social plug-ins of social networks such as Facebook, Twitter, Linkedin and XING in order to increase the publicity of our firm. The motive justifying this choice are marketing purposes, which are to be considered as a case of overriding interest. Every provider is responsible to guarantee that the operation of their website adheres to data protection guidelines.

a) Facebook
On our website, Facebook’s social media plug-ins are used to allow for a more personal user experience. To this end, we use the “like” or “share” buttons. This is a service provided by Facebook. Whenever you click on a website connected to our advertising campaign containing such a plug-in, your browser establishes a direct connection with Facebook’s servers. Facebook will transmit the content of this plug-in directly to your browser, which will embed it in the website. By embedding these plug-ins, Facebook receives a notification that your browser has called up the corresponding website from our advertising campaign, even if you do not have a Facebook account or are not logged into your account at the moment. This information will be sent to a Facebook server in the US directly and stored there.

If you are logged into your Facebook account, Facebook is able to directly match your visit to our website to your account. Whenever you interact with a plug-in, for example by clicking on the “like” or the “share” button, the corresponding information is transmitted to a Facebook server directly and will be stored there. In addition, the information will be published on Facebook and displayed to your Facebook friends.

Facebook may use this information for advertising purposes, market research or to improve the user-friendliness of Facebook’s pages. For this purpose, Facebook establishes user-, interest- as well as relationship-based profiles, for example in order to evaluate your usage of our website with regard to the advertising material displayed on your Facebook profile, or to inform other Facebook users about your activity on our website as well as to provide further services connected to the usage of Facebook. If you prefer Facebook not to match the data collected through our advertising presence online to your Facebook account, you will need to log out of your Facebook account prior to visiting our website.

The purpose and scope of the collection of data as well as the further processing and the usage of data through Facebook as well as your rights and system setting options related to the protection of your privacy can be found in Facebook’s instructions regarding their data protection (https://www.facebook.com/about/privacy).

b) Twitter
We integrate plug-ins belonging to the short message news network Twitter Inc. (Twitter) on our website. You recognise Twitter plug-ins (tweet buttons) by the Twitter logo on our website. An overview over tweet buttons can be found under https://about.twitter.com/resources/buttons.

If you call up a page of our website containing such a plug-in, a direct connection between your browser and a Twitter server will be established.

Through the establishment of this connection, Twitter will be informed that you have visited our website from your IP address. If you click on a tweet button while you are logged into your Twitter account, you can link the contents of our website to your Twitter account. This allows Twitter to match your visit to our website to you Twitter account.

We would like to explicitly point out that we as the provider of a website do not receive any information regarding the content of the transmitted data or its usage by Twitter. If you wish to prevent Twitter from allocating a visit to our website to your account, please do log out of your Twitter account prior to visiting our website.

Further information can be found in Twitter’s data protection policy (https://twitter.com/privacy).

c) Linkedin
Linkedin plug-ins are integrated into our website. You can recognise Linkedin plug-ins by the Linkedin logo on our website (further information regarding Linkedin plug-ins can be found under https://developer.linkedin.com/plugins).

If you do call up a website that is part of our advertising campaign containing such a plug-in, a direct connection between your browser and Linkedin’s server will be established.

As a result of this process, Linkedin is informed that you have visited our website with your IP address. By clicking on the Linkedin button while you are logged into your Linkedin account, you can link contents of our website to your Linkedin profile. This does in turn allow Linkedin to match your visit of our website to your Linkedin profile.

Further information can be found in Linkedin’s data protection policy (https://www.linkeidn.com/legal/privacy-policy?trk=homepage-basic_footer-privacy-policy as well as under https://www.linkedin.com/legal/cookie=policy=?trk=homepage-basic_footer-cookie-policy.

d) XING
XING plug-ins are integrated into our website. You can recognize XING plug-ins by the XING logo on our website (further information regarding XING plug-ins can be found under https://dev.xing.com/plugins).

If you call up a website that is part of our advertising campaign containing such a plug-in, a direct connection between your browser and XING’s server will be established.

As a result, XING is informed that you have accessed our website with your IP address. By clicking on the XING button while logged into your XING account, you are able to link the contents form our website to your XING profile. This allows XING to match your visit to our website to your user account.

e) SBB CFF FFS
On the contact page of our website, you can find a link to the SBB train schedule. By clicking on that link, a direct connection is established between your browser and the SBB server (https://www.sbb.ch/de/home/html) and personal data will be forwarded as a result.

Details regarding the scope and purpose of the collection of data, the further processing and usage of this data by SBB and your specific rights in this regard as well as possible settings aimed at the protection of your privacy can be found in SBB’s data protection policy (https://www.sbb.ch/de/meta/legallines/datenschutz.html).