Privacy Policy
With this Privacy Policy we inform which personal data we process in connection with our activities and activities including our
For individual or additional activities and operations, further data protection declarations as well as other legal documents such as general terms and conditions (GTC), terms of use or conditions of participation may apply.
We are subject to Swiss data protection law and any applicable foreign data protection law such as, in particular, that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognizes that Swiss data protection law ensures adequate data protection.
Responsible for the processing of personal data:
Herzog Kull Group Holding AG
Grundstrasse 12
6343 Rotkreuz
We point out if there are other persons responsible for the processing of personal data in individual cases.
1.1 Data protection officers or data protection advisors
We have the following data protection officer or data protection advisor as a point of contact for data subjects and authorities for inquiries related to data protection:
Marc Herzog
Grundstrasse 12
6343 Rotkreuz
2. Terms and legal basics
2.1 TermsPersonal data is any information relating to an identified or identifiable natural person. A data subject is a person about whom we process personal data.
Processing includes any handling of personal data, regardless of the means and procedures used, such as querying, matching, adapting, archiving, storing, reading out, disclosing, procuring, recording, collecting, deleting, disclosing, organizing, storing, modifying, disseminating, linking, destroying and using personal data.
The European Economic Area (EEA) includes the Member States of the European Union (EU) as well as the Principality of Liechtenstein, Iceland and Norway. The General Data Protection Regulation (GDPR) refers to the processing of personal data as the processing of personal data.
2.2 Legal basis
We process personal data in accordance with Swiss data protection law such as, in particular, the Federal Data Protection Act (Data Protection Act, DSG) and the Data Protection Ordinance (Data Protection Ordinance, DSV).
We process - if and to the extent that the General Data Protection Regulation (DSGVO) is applicable - personal data in accordance with at least one of the following legal bases:
- Art. 6 para. 1 lit. b DSGVO for the necessary processing of personal data for the performance of a contract with the data subject as well as for the performance of pre-contractual measures.
- Art. 6 para. 1 lit. f DSGVO for the necessary 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 prevail. Legitimate interests include, in particular, our interest in being able to carry out our activities and operations permanently, in a user-friendly, secure and reliable manner, as well as to communicate about them, to ensure information security, to protect against misuse, to enforce our own legal claims and to comply with Swiss law.
- Art. 6 para. 1 lit. c DSGVO for the necessary processing of personal data to comply with a legal obligation to which we are subject under any applicable law of Member States in the European Economic Area (EEA).
- Art. 6 para. 1 lit. e DSGVO for the necessary processing of personal data for the performance of a task carried out in the public interest.
- 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. d DSGVO for the necessary processing of personal data to protect vital interests of the data subject or another natural person.
3. nature, scope and purpose
We process those personal data that are necessary to carry out our activities and operations in a durable, user-friendly, secure and reliable manner. In particular, such personal data may fall into the categories of inventory and contact data, browser and device data, content data, meta or marginal data and usage data, location data, sales data, and contract and payment data.
We process personal data for the period that is required for the relevant purpose(s) or by law. Personal data whose processing is no longer necessary will be anonymized or deleted.
We may process personal data for the period of time required by law.
We may have personal data processed by third parties. We may process personal data jointly with third parties or transmit it to third parties. Such third parties are in particular specialized providers whose services we use. We also ensure data protection with such third parties.
We process personal data only with the consent of the data subject, unless the processing is permitted for other legal reasons. Processing without consent may be permissible, for example, for the performance of a contract with the data subject and for corresponding pre-contractual measures, in order to safeguard our overriding legitimate interests, because the processing is evident from the circumstances or after prior information. We only process personal data without the consent of the data subject.
In this context, we process in particular information that a data subject provides to us voluntarily when contacting us - for example, by mail, e-mail, instant messaging, contact form, social media or telephone - or when registering for a user account. We may store such information, for example, in an address book, in a customer relationship management system (CRM system) or with comparable tools. If we receive data transmitted to us about other persons, the transmitting persons are obligated to ensure data protection with respect to these persons as well as to ensure the accuracy of this personal data.
We also process personal data that we receive from third parties, obtain from publicly accessible sources or collect in the course of our activities and operations, insofar as and to the extent that such processing is permissible for legal reasons.
4. Applications
We process personal data about applicants to the extent that it is required for the assessment of suitability for an employment relationship or for the subsequent execution of an employment contract. The required personal data results in particular from the information requested, for example in the context of a job advertisement. We also process those personal data that applicants voluntarily communicate or publish, in particular as part of cover letters, resumes and other application documents as well as online profiles.
We process - if and to the extent that the General Data Protection Regulation (DSGVO) is applicable - personal data about applicants in particular pursuant to Art. 9 para. 2 lit. b DSGVO.
5. Personal data abroad
We process personal data basically in Switzerland and in the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular in order to process it or have it processed there.
We may transfer personal data to all states and territories on Earth as well as elsewhere in the universe, provided that the law there in accordance with Resolution of the Swiss Federal Council ensures adequate data protection and - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - in accordance with Decision of the European Commission ensures adequate data protection.
We may transfer personal data to countries whose law does not ensure adequate data protection, provided that data protection is ensured for other reasons, in particular on the basis of standard data protection clauses or with other appropriate safeguards. By way of exception, we may export personal data to countries without adequate or appropriate data protection if the specific requirements under data protection law are met, for example the express consent of the data subjects or a direct connection with the conclusion or performance of a contract. We will be happy to provide data subjects with information about any guarantees upon request or provide a copy of any guarantees.
6. Rights of data subjects
6.1 Data protection law claims
We grant data subjects all claims under applicable data protection law. In particular, data subjects have the following rights:
.- Information: Data subjects may request information as to whether we process personal data about them, and if so, what personal data is involved. Data subjects also receive the information necessary to assert their data protection claims and to ensure transparency. This includes the processed personal data as such, but also, among other things, information on the purpose of processing, the duration of storage, any disclosure or export of data to other countries and the origin of the personal data.
- Correction and restriction: Data subjects can correct incorrect personal data and restrict the processing of their data.
- Deletion and objection: Data subjects can have personal data deleted ("right to be forgotten") and object to the processing of their data.
- Data surrender and data transfer: Data subjects may request the surrender of personal data or the transfer of their data to another data controller.
We may suspend, restrict or refuse the exercise of data subjects' rights to the extent permitted by law. We can inform data subjects of any requirements to be met in order to exercise their rights under data protection law. For example, we may refuse to provide information in whole or in part with reference to business secrets or the protection of other persons. We may also, for example, refuse to delete personal data in whole or in part with reference to statutory retention obligations.
We may provide for costs for the exercise of rights exceptionally. We inform data subjects in advance about any costs. We are obliged to exceptional costs.
We are obliged to take reasonable measures to identify data subjects who request information or assert other rights. Data subjects are obligated to cooperate.
6.2 Right to complain
Data subjects have the right to enforce their data protection rights through legal channels or to lodge a complaint with a competent data protection supervisory authority.
The data protection supervisory authority for private controllers and federal bodies in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).
Data subjects have - if and to the extent the General Data Protection Regulation (GDPR) is applicable - the right to lodge a complaint with a competent European data protection supervisory authority.
7. data security
We take appropriate technical and organizational measures to ensure data security appropriate to the risk involved. However, we cannot guarantee absolute data security.
Access to our website is via transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers indicate transport encryption with a padlock in the address bar.
Our digital communication is subject - as basically any digital communication - to mass surveillance without cause or suspicion and other monitoring by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We cannot directly influence the corresponding processing of personal data by secret services, police agencies and other security authorities.
8. Use of the website
.8.1 Cookies
We may use cookies. Cookies - our own cookies (first-party cookies) as well as cookies from third parties whose services we use (third-party cookies) - are data stored in the browser. Such stored data need not be limited to traditional cookies in text form.
Cookies can be stored in the browser temporarily as "session cookies" or for a certain period of time as so-called permanent cookies. "Session cookies" are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. In particular, cookies enable us to recognize a browser the next time it visits our website and thus, for example, to measure the reach of our website. However, permanent cookies can also be used for online marketing, for example.
Cookies can be completely or partially deactivated as well as deleted at any time in the browser settings. Without cookies, our website may no longer be fully available. We request - at least if and to the extent necessary - actively for the express consent to the use of cookies.
For cookies used for performance and reach measurement or for advertising, a general objection ("opt-out") is required for many services via the AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA) is possible.
8.2 Server logfiles
We may collect the following information for each access to our website, provided that it is transmitted by your browser to our server infrastructure or can be determined by our web server: Date and time including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including amount of data transferred, website last accessed in the same browser window (referer or referrer).
We store such information, which may also constitute personal data, in server log files. The information is necessary to provide our website permanently, user-friendly and reliable, as well as to ensure data security and thus in particular the protection of personal data - also by third parties or with the help of third parties.
8.3 Zählpixel
We may use tracking pixels on our website. Tracking pixels are also referred to as web beacons. Tracking pixels - also from third parties whose services we use - are small, usually invisible images that are automatically retrieved when you visit our website. Counting pixels can be used to collect the same information as in server log files.
9. Social Media
We are present on social media platforms and other online platforms in order to be able to communicate with interested persons and to provide information about our activities and operations. In connection with such platforms, personal data may also be processed outside of Switzerland and the European Economic Area (EEA)
The General Terms and Conditions (GTC) and Terms of Use as well as data protection declarations and other provisions of the individual operators of such platforms also apply in each case. These provisions inform, in particular, about the rights of data subjects directly against the respective platform, which includes, for example, the right to information.
For our Social Media presence on Facebook including the so-called Page Insights, we - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - are jointly responsible with Meta Platforms Ireland Limited (Ireland). Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). Page Insights provide information about how visitors interact with our Facebook presence. We use Page Insights to help us provide our social media presence on Facebook in an effective and user-friendly manner.
Further information on the nature, scope and purpose of data processing, information on the rights of data subjects and the contact details of Facebook as well as Facebook's data protection officer can be found in the Data Protection Statement of Facebook. We have concluded the so-called "Addendum for Responsible Parties" with Facebook and thus agreed in particular that Facebook is responsible for ensuring the rights of data subjects. For the so-called Page Insights, the corresponding information can be found on the page "Information on Page- Insights" including "Information on Page Insights Data".
10. Third Party Services
We use services of specialized third parties to carry out our activities and operations in a durable, user-friendly, secure and reliable manner. Such services allow us, among other things, to embed features and content on our website. In the case of such embedding, the services used record the Internet Protocol (IP) addresses of the users at least temporarily for technically compelling reasons.
For necessary security, statistical and technical purposes, third parties whose services we use may process data related to our activities and operations in aggregated, anonymized or pseudonymized form. This is, for example, performance or usage data in order to be able to offer the respective service.
We use in particular:
- Services of Google: Providers: Google LLC (USA) / Google Ireland Limited (Ireland) for users in the European Economic Area (EEA) and Switzerland; General information on data protection: "Privacy and Security Principles", Privacy Policy, "Google is committed to compliance with applicable privacy laws", "Google Products Privacy Guide", "How we use data from websites or apps on or in which our services are used" (information provided by Google), "Cookie Types and Other Technologies Used by Google", "Personalized Advertising" (enable/disable/settings).
- Services provided by Microsoft: Provider: Microsoft Corporation (USA) / Microsoft Ireland Operations Limited (Ireland) for users in the European Economic Area (EEA), the United Kingdom and Switzerland; General information about data protection: "Privacy at Microsoft", "Privacy (Trust Center)", Privacy Policy.
10.1 Digital Infrastructure
We use services from specialized third parties to make use of required digital infrastructure in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers.
We use in particular:
- Google Cloud including Google Cloud Platform (GCP): storage and other infrastructure; Google Cloud-specific providers: Google/ LLC (USA) for users in the USA / Google Ireland Limited or Google Commerce Limited (each Ireland) for users in the European Economic Area (EEA) and Switzerland, among other countries (see "Contracting Entity on the part of Google" ["Google Contracting Entity"] for providers in additional countries); Google Cloud-specific disclosures: "Privacy Resource Center" ("Privacy Resource Center"), "Privacy", "Center for Compliance Resources", "Trust and Security".
- METANET: Hosting; Provider: METANET AG (Switzerland); Privacy Policy: Privacy Policy, "Technical-Organizational Measures".
10.2 Audio and video conferencing
We use specialized audio and video conferencing services to communicate online. For example, we can use them to hold virtual meetings or conduct online classes and webinars. For participation in audio and video conferences, the legal texts of the individual services such as data protection declarations and terms of use apply in addition.
We recommend, depending on the life situation, to mute the microphone by default when participating in audio or video conferences as well as to blur the background or to have a virtual background faded in.
We use in particular:
- Google Meet: video conferencing; provider: Google; Google Meet-specific details: "Google Meet - Security and Privacy for Users".
- Microsoft Teams: platform for audio and video conferencing, among other things; provider: Microsoft; Teams-specific details: "Privacy and Microsoft Teams".
- Skype: audio and video conferencing; Skype-specific providers: Skype Communications SARL (Luxembourg) / Microsoft Corporation (USA) / Microsoft Ireland Operations Limited (Ireland) for users in the European Economic Area (EEA), the United Kingdom and Switzerland; privacy information: "Legal information about Skype", "Privacy and security".
- Webex: Video conferencing; Provider: Cisco Systems Inc. (USA); privacy information: "Cisco Online Privacy Policy", "Compliance and Certifications for Cisco Webex".
- Zoom: Video conferencing; Provider: Zoom Video Communications Inc. (USA); privacy information: Privacy Policy, "Privacy Policy at Zoom", "Legal Compliance Center".
10.3 Maps
We use third-party services to embed maps on our website.
We use in particular:
- Google Maps including Google Maps Platform: map service; provider: Google; Google Maps-specific details: "How Google uses location information".
10.4 Digital audio and video content
We use services provided by specialized third parties to enable direct playback of digital audio and video content, such as music or podcasts.
We specifically use:
- Vimeo: video platform; Provider: Vimeo Inc. (USA); Privacy information: Privacy Policy, "Privacy Policy".
- YouTube: video platform; provider: Google; YouTube-specific details: "Privacy and Security Center", "My Data on YouTube".
10.5 Fonts
We use third-party services to embed selected fonts as well as icons, logos, and symbols on our website.
We specifically use:
- Google Fonts: Fonts; Provider: Google; Google Fonts-specific details: "Privacy and Google Fonts" ("Privacy and Google Fonts"), "Privacy and Data Collection".
11. Success and reach measurement
We use services and programs to determine how our online offering is used. In this context, we may, for example, measure the success and reach of our activities and operations as well as the effect of third-party links to our website. However, we can also, for example, test and compare how different versions of our online offering or parts of our online offering are used ("A/B test" method). Based on the results of the success and reach measurement, we can in particular correct errors, strengthen popular content or make improvements to our online offer.
When using services and programs for performance and reach measurement, the Internet Protocol (IP) addresses of individual users must be stored. IP addresses are basically shortened ("IP masking") in order to follow the principle of data economy through the corresponding pseudonymization and thus to improve user data protection.
When using services and programs for performance and reach measurement, cookies may be used and user profiles may be created. User profiles include, for example, the pages visited or content viewed on our website, information about the size of the screen or browser window and the - at least approximate - location. In principle, user profiles are created exclusively pseudonymously. We do not use user profiles to identify individual users. Individual services of third parties, to which users are logged in, can assign the use of our online offer at most to the user account or user profile at the respective service.
We use in particular:
- AWStats: Success and reach measurement; Developer: AWStats (free open source software); Privacy information: Analysis of server log files on own server infrastructure, "What is AWStats / Features Overview" ("What is AWStats / Features Overview")
- Google Analytics: Success and reach measurement; Provider: Google; Google Analytics-specific details: Measurement also across different browsers and devices (cross-device tracking) as well as with pseudonymized Internet Protocol (IP) addresses, which are only exceptionally transmitted in full to Google in the USA, "Privacy", "Browser Add-on to disable Google Analytics".
- Google Tag Manager: Integration and management of other services for performance and reach measurement as well as other services from Google as well as third parties; Provider: Google; Google Tag Manager-specific information: "Data collected with Google Tag Manager"; further information on data protection can be found at the individual integrated and managed services.
- Matomo: Success and reach measurement; provider: Matomo (free open source software); privacy information: Use on own server infrastructure as well as with pseudonymized Internet Protocol (IP) addresses, "List of all Matomo Features" ("List of all Matomo Features").
12. Final provisions
We have created this privacy policy using the Data Privacy Generator from Data Privacy Partner. This privacy policy is a machine translation from German.
We may amend and supplement this privacy policy at any time. We will inform about such adjustments and additions in an appropriate form, in particular by publishing the respective current privacy policy on our website.