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Privacy Policy

With this privacy policy we inform you about the processing of personal data in connection with our activities and operations, including our www.dateand.com website . In particular, we inform you about why, how and where we process which personal data. We also inform you about the rights of people whose data we process.

Additional privacy statements or other information on data protection may apply to individual or additional activities and operations.

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 European General Data Protection Regulation (GDPR).

In its decision of July 26, 2000 , the European Commission recognized that Swiss data protection law ensures adequate data protection. In a report dated January 15, 2024, the European Commission confirmed this adequacy decision.

1. Contact addresses

Responsibility for the processing of personal data:

Date and GmbH
c/o startup space
Neuhofstrasse 12
6340 Baar

info@dateand.com

In individual cases, third parties may be responsible for the processing of personal data or there may be joint responsibility with third parties.

2. Terms and legal bases

2.1 Terms

Data subject: Natural person about whom we process personal data.

Personal data: All information relating to an identified or identifiable natural person.

Personal data requiring particular protection: data concerning trade union, political, religious or ideological views and activities, data concerning health, privacy or ethnic or racial affiliation, genetic data, biometric data that uniquely identify a natural person, data on criminal and administrative sanctions or prosecutions, and data on social assistance measures.

Processing: Any handling of personal data, regardless of the means and procedures used, such as querying, comparing, adapting, archiving, storing, retrieving, disclosing, obtaining, recording, collecting, deleting, disclosing, arranging, organizing, storing, changing, disseminating, linking, destroying and using personal data.

European Economic Area (EEA): Member States of the European Union (EU) as well as the Principality of Liechtenstein, Iceland and Norway.

Note: The European General Data Protection Regulation (GDPR) refers to the processing of personal data as processing of personal data and the processing of particularly sensitive personal data as processing of special categories of personal data (Art. 9 GDPR) .

2.2 Legal basis

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

We process – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – personal data or personal data in accordance with at least one of the following legal bases:

  • Art. 6 (1) (b) GDPR for the necessary processing of personal data to fulfill a contract with the data subject and to carry out pre-contractual measures.
  • Art. 6 para. 1 lit. f GDPR for the necessary processing of personal data in order to protect legitimate interests - including the legitimate interests of third parties - unless the fundamental freedoms and fundamental rights and interests of the data subject prevail. Such interests include in particular the permanent, humane, secure and reliable performance of our activities and operations, the guarantee of information security, protection against misuse, the enforcement of our own legal claims and compliance with Swiss law.
  • Art. 6 (1) (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 to perform 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 (1) (d) GDPR for the necessary processing of personal data to protect the vital interests of the data subject or of another natural person.
  • Art. 9 para. 2 ff. GDPR for the processing of special categories of personal data, in particular with the consent of the data subjects.

3. Type, scope and purpose of processing personal data

We process the personal data that is necessary to carry out our activities and operations in a permanent, humane, secure and reliable manner. The personal data processed can in particular fall into the categories of browser and device data, content data, communication data, metadata, usage data, master data including inventory and contact data, location data, transaction data, contract data and payment 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, provided that such processing is permitted for legal reasons.

We process personal data, where necessary, with the consent of the data subjects. In many cases, we may process personal data without consent, for example to comply with legal obligations or to protect overriding interests. We may also ask data subjects for their consent when their consent is not required.

We process personal data for the period necessary for the respective purpose. We anonymize or delete personal data, in particular depending on statutory retention and limitation periods.

4. Disclosure of personal data

We may disclose personal data to third parties , have it processed by third parties or process it jointly with third parties. Such third parties are in particular specialized providers whose services we use.

We may, for example, disclose personal data to banks and other financial service providers, authorities, educational and research institutions, consultants and lawyers, interest groups, IT service providers, cooperation partners, credit and credit agencies, logistics and shipping companies, marketing and advertising agencies, media, organizations and associations, social institutions, telecommunications companies and insurance companies.

5. Communication

We process personal data in order to be able to communicate with third parties. In this context, we process in particular data that a data subject transmits when contacting us, for example by letter or email. We can store such data in an address book or with comparable tools.

Third parties who transmit data about other people are obliged to guarantee data protection for such data subjects. This includes ensuring, among other things, that the personal data transmitted is accurate.

6. Data security

We take suitable technical and organizational measures to ensure data security appropriate to the respective risk. With our measures, we guarantee in particular the confidentiality, availability, traceability and integrity of the personal data processed, but cannot guarantee absolute data security.

Access to our website and our other online presence is via transport encryption ( SSL/TLS , in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS ). Most browsers warn against visiting websites without transport encryption.

Our digital communication is subject to mass surveillance without cause or suspicion by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries - like all digital communication in principle . We have no direct influence on the corresponding processing of personal data by secret services, police departments and other security authorities. We also cannot rule out the possibility that a person concerned is being specifically monitored.

7. 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 to process it there or to have it processed there.

We may export personal data to all countries and territories in the world , provided that the law there ensures adequate data protection in accordance with the decision of the Swiss Federal Council and – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – also 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. In exceptional cases, we may export personal data to countries without adequate or suitable data protection if the special data protection requirements 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 or provide a copy of any guarantees upon request.

8. Rights of data subjects

8.1 Data protection claims

We grant data subjects all rights in accordance with applicable data protection law. Data subjects have the following rights in particular:

  • Information: Data subjects can request information as to whether we process personal data about them and, if so, which personal data is involved. Data subjects will also receive the information required to assert their data protection claims and to ensure transparency. This includes the personal data processed as such, but also 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 inaccurate personal data, complete incomplete data and have the processing of their data restricted.
  • Deletion and objection: Data subjects can have personal data deleted (“right to be forgotten”) and object to the processing of their data with effect for the future.
  • Data disclosure and data transfer: Data subjects can request the disclosure of personal data or the transfer of their data to another controller.

We can postpone, restrict or refuse the exercise of the rights of data subjects within the legally permissible framework. We can inform data subjects of any conditions that must be met in order to exercise their data protection claims. For example, we can refuse to provide information in whole or in part by citing business secrets or the protection of other persons. For example, we can also refuse to delete personal data in whole or in part by citing statutory retention periods.

In exceptional cases , we may charge a fee for exercising these rights. We will inform the data subjects in advance of any costs involved.

We are obliged to take appropriate measures to identify data subjects who request information or assert other rights. Data subjects are obliged to cooperate.

8.2 Legal protection

Data subjects have the right to enforce their data protection claims through legal means or to file a report or complaint with a data protection supervisory authority.

The data protection supervisory authority for private data controllers and federal bodies in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

European data protection supervisory authorities are organised as members of the European Data Protection Board (EDPB). In some Member States in the European Economic Area (EEA), the data protection supervisory authorities are structured on a federal basis, particularly in Germany .

9. Use of the website

9.1 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 is stored in the browser. Such stored data does not have to be limited to traditional text cookies.

Cookies can be stored temporarily in the browser 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 are stored for a certain period of time. Cookies make it possible in particular to recognize a browser the next time you visit 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 deactivated or deleted in whole or in part at any time in the browser settings. Without cookies, our website may no longer be fully available. We actively request your express consent to the use of cookies - at least if and to the extent necessary.

For cookies used for success and reach measurement 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).

9.2 Logging

We may log at least the following information for each access to our website and our other online presence, provided that this information is transmitted to our digital infrastructure during such access: date and time including time zone, 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 the amount of data transferred, last website accessed in the same browser window (referrer).

We log such information, which may also represent personal data, in log files. The information is required in order to be able to provide our online presence in a permanent, human-friendly and reliable manner. The information is also required in order to be able to guarantee data security - also by third parties or with the help of third parties.

9.3 Web beacons

We can integrate tracking pixels into our online presence. Tracking pixels are also known as web beacons. Tracking pixels - including those of third parties whose services we use - are usually small, invisible images or scripts formulated in JavaScript that are automatically called up when our online presence is accessed. Tracking pixels can record at least the same information as log files.

10. Notifications and communications

10.1 Success and reach measurement

Notifications and messages can contain web links or tracking pixels that record whether an individual message has been opened and which web links have been clicked. Such web links and tracking pixels can also record the use of notifications and messages on a personal basis. We need this statistical recording of usage for success and reach measurement in order to be able to send notifications and messages based on the needs and reading habits of the recipients in an effective and user-friendly manner as well as permanently, securely and reliably.

10.2 Consent and objection

You must always consent to the use of your email address and other contact addresses, unless the use is permitted for other legal reasons. We may use the "double opt-in" procedure to obtain a double-confirmed consent. In this case, you will receive a message with instructions for the double confirmation. We may log consents obtained, including the IP address and time stamp, for evidentiary and security reasons.

In principle, 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 success and reach measurement. Necessary notifications and communications in connection with our activities and operations remain reserved.

11. Social Media

We are present on social media platforms and other online platforms in order to communicate with interested parties and to inform them about our activities and operations. In connection with such platforms, personal data may also be processed outside 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. These provisions provide information in particular about the rights of data subjects directly vis-à-vis the respective platform, which includes, for example, the right to information.

We are jointly responsible with Meta Platforms Ireland Limited (Ireland) for our social media presence on Facebook, including the so-called Page Insights, if and to the extent that the General Data Protection Regulation (GDPR) is applicable. Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). The Page Insights provide information about how visitors interact with our Facebook presence. We use Page Insights to be able to provide our social media presence on Facebook in an effective and user-friendly manner.

Further information on the type, scope and purpose of data processing, information on the rights of data subjects and the contact details of Facebook and Facebook's data protection officer can be found in Facebook's privacy policy . We have concluded the so-called "Addendum for Responsible Parties" with Facebook and have thus agreed in particular that Facebook is responsible for guaranteeing the rights of data subjects. The relevant information for the so-called Page Insights can be found on the "Information on Page Insights" page, including "Information on Page Insights data" .

12. Third-party services

We use services from specialized third parties to be able to carry out our activities and operations in a permanent, humane, secure and reliable manner. With such services, we can, among other things, embed functions and content in our website. With such embedding, the services used record the IP addresses of the users at least temporarily for technically compelling reasons.

For necessary security-related, statistical and technical purposes, third parties whose services we use may process data in connection with our activities in an aggregated, anonymized or pseudonymized manner. This includes, for example, performance or usage data in order to be able to offer the respective service.

We use in particular:

12.1 Digital Infrastructure

We use services from specialized third parties to provide the digital infrastructure required in connection with our activities. This includes, for example, hosting and storage services from selected providers.

We use in particular:

12.2 Social media functions and social media content

We use third-party services and plug-ins to embed features and content from social media platforms and to enable sharing of content on social media platforms and in other ways.

We use in particular:

12.3 E-Commerce

We operate e-commerce and use third-party services to successfully offer services, content or goods.

We use in particular:

  • Shopify: e-commerce platform for online shops; providers: Shopify Inc. (Canada) for online shops in Canada and the USA / Shopify Commerce Singapore Pte. Ltd. (Singapore) for online shops in the Asia-Pacific region / Shopify International Limited (Ireland) for online shops in Europe and the rest of the world; data protection information: Privacy Policy , «Consumer Privacy Policy» , «Security» .

12.4 Payments

We use specialised service providers to process our customers' payments securely and reliably. The legal texts of the individual service providers, such as general terms and conditions (GTC) or data protection declarations, also apply to the processing of payments.

We use in particular:

12.5 Advertising

We use the option to display targeted advertising for our activities on third parties such as social media platforms and search engines.

With such advertising, we would particularly like to reach people who are already interested in our activities and operations or who could be interested in them ( remarketing and targeting ). To do this, we can transmit relevant information - possibly also personal information - to third parties who enable such advertising. We can also determine whether our advertising is successful, in particular whether it leads to visits to our website (conversion tracking) .

Third parties with whom we advertise and with whom you are registered as a user may associate your use of our website with your profile there.

We use in particular:

13. Success and reach measurement

We try to measure the success and reach of our activities and operations. In this context, we can also measure the impact of third-party information or check how different parts or versions 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.

In most cases, the IP addresses of individual users are recorded to measure success and reach. In this case, IP addresses are generally shortened ("IP masking") in order to follow the principle of data economy through the corresponding pseudonymization.

Cookies can be used to measure success and reach and user profiles can be created. Any user profiles created include, for example, the individual 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, any user profiles are created exclusively in pseudonymous form and are not used to identify individual users. Individual third-party services with which users are registered can at most assign the use of our online offering to the user account or user profile on the respective service.

We use in particular:

14. Final provisions

We have created this privacy policy with the data protection generator from Datenschutzpartner .

We may adapt and supplement this privacy policy at any time. We will inform you about such adaptations and additions in an appropriate form, in particular by publishing the current privacy policy on our website.

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