Datenschutzerklärung

Privacy Policy

In this privacy policy, we provide information about which personal data we process in connection with our activities and operations, including our website fact.ch. In particular, we provide information on why, how and where we process personal data. We also provide information about the rights of persons whose data we (or third parties on our behalf) process. In some cases, we work together with external service providers.

For individual or additional activities and operations, further data protection declarations and 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, in particular that of the European Union (EU) with the General Data Protection Regulation (GDPR).

1. Terms and legal bases

1.1 Terms

Personal data is any information relating to an identified 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, collection, erasure, storage, modification, destruction and use of personal data.

The European Economic Area (EEA) comprises 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.

1.2 Legal bases

We process personal data in accordance with Swiss data protection law, in particular the Federal Act on Data Protection (FADP) and the Ordinance to the Federal Act on Data Protection (OFADP).

If and insofar as the General Data Protection Regulation (GDPR) is applicable, we process personal data in accordance with at least one of the following legal bases:

– 6 para. 1 lit. b GDPR for the necessary processing of personal data for the performance of a contract with the data subject and for the implementation of pre-contractual measures.

– 6 para. 1 lit. f GDPR for the necessary processing of personal data in order 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 interest in being able to carry out our activities and operations in a permanent, user-friendly, secure and reliable manner and 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 GDPR for the necessary processing of personal data to fulfill 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 GDPR 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 GDPR for the processing of personal data with the consent of the data subject.
– Art. 6 para. 1 lit. d GDPR for the necessary processing of personal data in order to protect the vital interests of the data subject or another natural person.

2. Nature, scope and purpose

We process the personal data required to carry out our activities and operations in a permanent, user-friendly, secure and reliable manner. Such personal data may in particular fall into the categories of location and contact data, browser and device data, content data, meta or marginal data and usage data, location data, sales data as well as contract and payment data.
We process personal data for the duration required for the respective purpose(s) or as required by law. Personal data that no longer needs to be processed is anonymized or deleted.
We may have personal data processed by third parties. We may process personal data jointly with third parties or transfer it to third parties. Such third parties are, in particular, specialized providers whose services we use. We also guarantee data protection for such third parties.
We only process personal data with the consent of the data subject, unless the processing is permitted for other legal reasons. Processing without consent may, for example, be permissible for the performance of a contract with the data subject and for corresponding pre-contractual measures in order to protect our overriding legitimate interests, because the processing is evident from the circumstances or after prior information.

In this context, we process in particular information that a data subject voluntarily provides to us when contacting us – for example by post, email, 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 about other persons, the transmitting persons are obliged to guarantee data protection for these persons and 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, if and to the extent that such processing is permitted by law.

3. Personal data abroad

We generally process personal data in Switzerland and 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 export personal data to all countries and territories on earth and elsewhere in the universe, provided that the local law guarantees adequate data protection in the opinion of the Federal Data Protection and Information Commissioner (FDPIC) or in accordance with the decision of the Swiss Federal Council and – if and insofar as the General Data Protection Regulation (GDPR) is applicable – in accordance with the decision of the European Commission.

We may transfer personal data to countries whose laws do not guarantee adequate data protection, provided that data protection is guaranteed for other reasons, in particular on the basis of standard data protection clauses or with other suitable guarantees. Exceptionally, we may export personal data to countries without adequate or appropriate data protection if the special requirements under data protection law are met, for example the express consent of the data subjects or a direct connection with the conclusion or execution of a contract. We will be happy to provide data subjects with information about any guarantees or provide a copy of guarantees on request.

4. Rights of data subjects

5. Data security

We take suitable technical and organisational measures to ensure data security appropriate to the respective risk. However, we cannot guarantee absolute data security.
Our website is accessed using transport encryption (SSL/TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated to HTTPS). Most browsers indicate transport encryption with a padlock in the address bar.
Our digital communication – like all digital communication – is subject to mass surveillance without cause or suspicion and other surveillance 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 forces and other security authorities.

6. Use of the website

6.1 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 that are 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 make it possible to recognise a browser the next time it visits our website and thus, for example, to measure the reach of our website. Permanent cookies can also be used for online marketing, for example.

Cookies can be fully or partially deactivated and deleted at any time in the browser settings. Without cookies, our website may no longer be fully available. We actively request – at least if and to the extent necessary – your express consent to the use of cookies.

For cookies that are used to measure success and reach or for advertising, a general objection (“opt-out”) is possible for numerous services via 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).

6.2 Server log files
We may record the following information for each access to our website, provided that this information 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, last website accessed in the same browser window (referrer).
We store such information, which may also constitute personal data, in server log files. The information is required to provide our website in a permanent, user-friendly and reliable manner and to ensure data security and thus in particular the protection of personal data – also by third parties or with the help of third parties.

6.3 Tracking Pixels
We may use tracking pixels (also known as tracking pixels, IVW pixels, pixel tags, 1×1 pixels or web beacons) on our website. Tracking pixels – including those from third parties whose services we use – are small, usually invisible images that are automatically retrieved when you visit our website. Tracking pixels can be used to collect the same information as server log files.

7. Notifications and Messages

We send notifications and messages by email and via other communication channels such as instant messaging or SMS.

7.1 Measuring success and reach
Notifications and messages may contain web links or tracking pixels that record whether an individual message has been opened and which web links have been clicked on. Such web links and tracking pixels can also record the use of notifications and messages on a personalised basis. We require this statistical recording of usage to measure success and reach in order to be able to send notifications and messages in an effective, user-friendly, permanent, secure and reliable manner based on the needs and reading habits of the recipients.

7.2 Consent and objection
In principle, you must expressly consent to the use of your e-mail address and other contact addresses, unless such use is permitted for other legal reasons. Wherever possible, we use the “double opt-in” procedure to obtain consent, i.e. you will receive an e-mail with a web link that you must click on to confirm, so that no misuse by unauthorised third parties can occur. We may log such consents, including the Internet Protocol (IP) address, date and time, for reasons of proof and security.
You can object to receiving notifications and communications such as newsletters at any time. With such an objection, you can also object to the statistical recording of usage for the purposes of measuring success and reach. Necessary notifications and communications in connection with our activities and operations remain reserved.

7.3 Service providers for notifications and messages
We send notifications and messages with the help of specialised service providers. We use in particular:

BREVO (communication platform)
Provider: Sendinblue GmbH, Köpenickerstrasse 126, 10179 Berlin
Data protection information: Privacy policy

8. Social Media

We are present on social media platforms and other online platforms in order to communicate with interested parties and provide information about our activities and operations. In connection with such platforms, personal data may also be processed outside Switzerland and the European Economic Area (EEA). We use in particular:

Facebook
Provider: Facebook Inc, 1601 S. Californium Ave, Pale Alto, CA 94304, USA
Information on data protection: Privacy policy

Instagram
Provider: Instagram Inc: Instagram Inc, 1601 Willow Road, Menlo Park, California 94025, USA
Data protection information: Privacy policy

LinkedIn
Provider: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland
Data protection information: Privacy policy

Youtube
Provider: Google Inc, 1600 Amphitheatre Parkway Mountain View, California 94043, USA
Information on data protection: Privacy policy

The General Terms and Conditions (GTC) and terms of use and other provisions of the individual operators of such platforms also apply in each case.

9. Third Party Services

We use the services of specialised third parties in order to be able to carry out our activities and operations in a permanent, user-friendly, secure and reliable manner. Among other things, we can use such services to embed functions and content in our website. In the case of such embedding, the services used record the Internet Protocol (IP) addresses of users at least temporarily for technically compelling reasons.
For necessary security, statistical and technical purposes, third parties whose services we use may process data in connection with our activities and operations in aggregated, anonymised or pseudonymised form. This is, for example, performance or usage data in order to be able to offer the respective service. We use in particular:

Google
Provider: Google Inc, 1600 Amphitheatre Parkway Mountain View, California 94043, USA; Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland
Information on data protection: Privacy policy

9.1 Digital infrastructure
We use the services of specialised third parties in order to be able to use the necessary digital infrastructure in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers. We use in particular:

WordPress (content management system)
Provider: Automatic Inc, 60 29th Street #343, San Francisco, CA 94110, USA
Information on data protection: Privacy policy

alfahosting (web hosting)
Provider: Alfahosting GmbH, Edmund-von-Lippmann-Straße 13-15, DE-06112 Hal-le
Data protection information: Privacy policy

9.2 Contact options
We use services from selected providers in order to be able to communicate better with third parties such as potential and existing customers. This also includes audio and video conferencing services to enable online communication. For participation in audio and video conferences, the legal texts of the individual services, such as data protection declarations and terms of use, also apply. We use in particular:

Zoom
Provider: Zoom Video Communications Inc, 55 Almaden Blvd, Suite 600, San Jose, CA 95113
Information on data protection: Privacy policy

Microsoft Teams
Provider: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA
Data protection information: Privacy policy

9.3 Digital audio and video content
We use services from specialised third parties to enable the direct playback of digital audio and video content such as music or podcasts. We use in particular:

Vimeo
Provider: Vimeo Inc, 330 West 34th Street, 10th Floor, New York 10001
Information on data protection: Privacy policy

YouTube
Provider: Google Inc, 1600 Amphitheatre Parkway Mountain View, California 94043, USA
Data protection information: Privacy policy

10. Measurement of success and Reach

We use services and programmes to determine how our online offering is used. In this context, we can, for example, measure the success and reach of our activities and operations as well as the effect of third-party links to our website. 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 offering.
When using services and programmes to measure success and reach, the Internet Protocol (IP) addresses of individual users must be stored. IP addresses are always shortened (“IP masking”) in order to follow the principle of data minimisation through the corresponding pseudonymisation and thus improve user data protection.

When using services and programmes to measure success and reach, 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 on the size of the screen or browser window and the – at least approximate – location. In principle, user profiles are only created in pseudonymised form. We do not use user profiles to identify individual users. Individual third-party services with which users are registered may be able to assign the use of our online offering to the user account or user profile of the respective service. We use in particular:

Matomo Cloud (success and reach measurement with pseudonymised Internet Protocol (IP) addresses);
Provider: InnoCraft Ltd, 7 Waterloo Quay PO625, 6140 Wellington, New Zealand
Information on data protection: Privacy policy

11. Contact

Responsibility for the processing of personal data:

FACT Schweiz AG
Förrlibuckstrasse 30
8005 Zurich
Zurich, Switzerland

datenschutz@fact.ch

We would like to point out if there are other controllers for the processing of personal data in individual cases.

Privacy Policy

Do you have any questions? Just send us an email!