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Privacy Policy

With this privacy statement, we inform about the processing of personal data in connection with our activities and operations, including our www.dateand.com website. We specifically inform about the purposes, how, and where we process which personal data. We also inform about the rights of individuals whose data we process.

For individual or additional activities and operations, further privacy statements or other information on data protection may apply.

We are subject to Swiss data protection law as well as any applicable foreign data protection law, particularly that of the European Union (EU) with the General Data Protection Regulation (GDPR).

The European Commission recognized with decision of July 26, 2000 that Swiss data protection law provides adequate protection. With report of 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.

Particularly sensitive personal data: Data about trade union, political, religious, or ideological views and activities, data about health, intimate life, or belonging to an ethnic group or race, genetic data, biometric data that can uniquely identify a natural person, data about criminal and administrative sanctions or prosecutions, and data about social assistance measures.

Processing: Any handling of personal data, regardless of the means and methods used, such as querying, matching, adjusting, archiving, storing, reading, disclosing, obtaining, collecting, raising, deleting, revealing, organizing, arranging, storing, modifying, 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 the processing of personal data and the processing of particularly sensitive personal data as the processing of special categories of personal data (Art. 9 GDPR).

2.2 Legal Bases

We process personal data in accordance with Swiss data protection law, particularly the Federal Act on Data Protection (Data Protection Act, DPA) and the Ordinance on Data Protection (Data Protection Ordinance, DPO).

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

  • Art. 6 para. 1 lit. b GDPR for the necessary processing of personal data to fulfill a contract with the affected person as well as to carry out pre-contractual measures.
  • Art. 6 para. 1 lit. f GDPR for the necessary processing of personal data to safeguard legitimate interests – including the legitimate interests of third parties – unless the fundamental freedoms and rights as well as the interests of the affected person prevail. Such interests particularly include the sustainable, humane, safe, and reliable execution of our activities and operations, ensuring information security, protection against abuse, enforcement of our own legal claims, and compliance 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 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 that is in the public interest.
  • Art. 6 para. 1 lit. a GDPR for the processing of personal data with the consent of the affected person.
  • Art. 6 para. 1 lit. d GDPR for the necessary processing of personal data to protect vital interests of the affected person or another natural person.
  • Art. 9 para. 2 ff. GDPR for the processing of special categories of personal data, particularly with the consent of the affected individuals.

3. Type, scope, and purpose of the processing of personal data

We process personal data that is necessary to carry out our activities and operations in a sustainable, humane, safe, and reliable manner. The processed personal data may particularly 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 and operations, as long as such processing is legally permissible.

We process personal data, as necessary, with the consent of the affected individuals. In many cases, we can process personal data without consent, for example, to fulfill legal obligations or to protect overriding interests. We may also request the consent of affected individuals when their consent is not required.

We process personal data for the duration necessary for the respective purpose. We anonymize or delete personal data, particularly depending on legal 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 particularly specialized providers whose services we utilize.

We may 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 economic information 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 communicate with third parties. In this context, we particularly process data that an affected person transmits when making contact, for example, by mail or email. We can store such data in an address book or with comparable tools.

Third parties who transmit data about other individuals are obliged to ensure data protection for such affected individuals. This includes ensuring the accuracy of the transmitted personal data, among other things.

6. Data Security

We take appropriate technical and organizational measures to ensure data security that is commensurate with the respective risk. With our measures, we particularly ensure the confidentiality, availability, traceability, and integrity of the processed personal data, although we cannot guarantee absolute data security.

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

Our digital communication is subject to – like generally any digital communication – mass surveillance without cause and suspicion by security authorities in Switzerland, the rest of Europe, the United States of America (USA), and other countries. We cannot exert direct influence on the corresponding processing of personal data by intelligence services, police stations, and other security authorities. We also cannot exclude the possibility that an affected individual is being specifically monitored.

7. Personal data abroad

We generally process personal data in Switzerland and the European Economic Area (EEA). However, we can also export or transmit personal data to other countries, particularly to process it there or have it processed.

We can export personal data to all countries and territories on Earth, provided that the local law ensures adequate data protection according to the decision of the Swiss Federal Council and – to the extent that the General Data Protection Regulation (GDPR) is applicable – also according to the decision of the European Commission.

We can transfer personal data to countries whose laws do not provide adequate data protection, provided that data protection is ensured for other reasons, particularly based on standard contractual clauses or with other appropriate safeguards. In exceptional cases, we may export personal data to countries without adequate or appropriate data protection if the specific data protection legal requirements are met, for example, the explicit consent of the affected individuals or a direct connection with the conclusion or execution of a contract. We are happy to provide affected individuals with information about any guarantees upon request or provide a copy of any guarantees.

8. Rights of affected individuals

8.1 Data protection claims

We grant affected individuals all claims according to the applicable data protection law. Affected individuals particularly have the following rights:

  • Information: Affected individuals can request information on whether we process personal data about them, and if so, which personal data it concerns. Affected individuals also receive the information necessary to assert their data protection rights and ensure transparency. This includes the processed personal data as such, but also information on the purpose of processing, the duration of storage, any potential disclosure or export of data to other countries, and the origin of the personal data.
  • Correction and restriction: Affected individuals can correct inaccurate personal data, complete incomplete data, and have the processing of their data restricted.
  • Deletion and objection: Affected individuals can have personal data deleted ("right to be forgotten") and object to the processing of their data with effect for the future.
  • Data release and data transfer: Affected individuals can request the release of personal data or the transfer of their data to another controller.

We may postpone, restrict, or deny the exercise of rights by affected individuals within the legally permissible framework. We may inform affected individuals of any conditions that must be met to exercise their data protection rights. For example, we may refuse to provide information in whole or in part by referring to trade secrets or the protection of other individuals. We may also refuse to delete personal data in whole or in part by referring to legal retention obligations.

We may provide for costs for the exercise of rights exceptionally. We inform affected individuals in advance about any potential costs.

We are obligated to identify affected individuals who request information or assert other rights with appropriate measures. Affected individuals are required to cooperate.

8.2 Legal Protection

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

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

European data protection supervisory authorities are organized as members of the European Data Protection Board (EDSA). In some member states of the European Economic Area (EEA), the data protection authorities are federally structured, especially in Germany.

9. Use of the Website

9.1 Cookies

We may use cookies. Cookies – both our own cookies (first-party cookies) and cookies from third parties whose services we use (third-party cookies) – are data stored in the browser. Such stored data do not have to be limited to traditional cookies in text form.

Cookies can be temporarily stored in the browser as "session cookies" or for a certain period as so-called permanent cookies. "Session cookies" are automatically deleted when the browser is closed. Permanent cookies have a specific storage duration. Cookies particularly enable recognition of a browser during the next visit to our website and thus, for example, measuring the reach of our website. However, permanent cookies can also be used for online marketing.

Cookies can be completely or partially disabled and deleted at any time in the browser settings. Without cookies, our website may not be fully available. We actively request – at least to the extent necessary – explicit consent for the use of cookies.

For cookies used for success and reach measurement or for advertising, a general objection ("opt-out") is possible for numerous 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).

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 accesses: 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, the specific sub-page of our website accessed including the amount of data transmitted, and the last webpage accessed in the same browser window (referrer).

We log such information, which may also represent personal data, in log files. The information is necessary to provide our online presence permanently, user-friendly, and reliably. The information is also necessary to ensure data security – even through third parties or with the help of third parties.

9.3 Tracking Pixels

We can integrate tracking pixels into our online presence. Tracking pixels are also referred to as web beacons. Tracking pixels – including those from third parties whose services we use – are usually small, invisible images or scripts formulated in JavaScript that are automatically retrieved when accessing our online presence. Tracking pixels can capture at least the same information as in log files.

10. Notifications and Messages

10.1 Success and Reach Measurement

Notifications and messages may contain web links or tracking pixels that capture whether a single message has been opened and which web links were clicked. Such web links and tracking pixels may also capture the use of notifications and messages in a personally identifiable manner. We need this statistical capture of usage for success and reach measurement, in order to send notifications and messages effectively and user-friendly based on the needs and reading habits of the recipients, as well as permanently, securely, and reliably.

10.2 Consent and Objection

You must generally consent to the use of your email address and other contact addresses, unless the use is permissible for other legal reasons. For obtaining a double-confirmed consent, we may use the “Double Opt-in” procedure. In this case, you will receive a notification with instructions for the double confirmation. We may log obtained consents including IP address and timestamp for proof and security reasons.

You can generally object to receiving notifications and messages such as newsletters at any time. With such an objection, you can simultaneously object to the statistical collection of usage for success and reach measurement. Necessary notifications and messages related to our activities and operations remain reserved.

11. Social Media

We are present on social media platforms and other online platforms to communicate with interested individuals and to inform 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 privacy policies and other provisions of the individual operators of such platforms also apply. These provisions particularly inform about the rights of affected individuals directly with respect to 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 are – to the extent that the General Data Protection Regulation (GDPR) is applicable – jointly responsible with Meta Platforms Ireland Limited (Ireland). 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 effectively and user-friendly provide our social media presence on Facebook.

Further information about the type, scope, and purpose of data processing, information about the rights of affected individuals, as well as the contact details of Facebook and the data protection officer of Facebook can be found in the Facebook Privacy Policy. We have concluded the so-called “Controller Addendum” with Facebook, agreeing in particular that Facebook is responsible for ensuring the rights of affected individuals. For the so-called page insights, the relevant information can be found on the page “Information on Page Insights” including “Information on Page Insights Data”.

12. Services from Third Parties

We use services from specialized third parties to carry out our activities and operations in a sustainable, user-friendly, secure, and reliable manner. With such services, we can embed functions and content into our website. When embedding, the services used may temporarily collect the IP addresses of users for technical reasons.

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

We particularly use:

12.1 Digital Infrastructure

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

We particularly use:

12.2 Social Media Features and Social Media Content

We use services and plugins from third parties to embed features and content from social media platforms and to enable sharing of content on social media platforms and in other ways.

We particularly use:

12.3 E-Commerce

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

We particularly use:

12.4 Payments

We use specialized service providers to process payments from our customers securely and reliably. The processing of payments is additionally governed by the legal texts of the individual service providers, such as General Terms and Conditions (GTC) or privacy policies.

We particularly use:

12.5 Advertising

We take advantage of the opportunity to specifically display advertising with third parties such as social media platforms and search engines for our activities and operations.

We want to reach people with such advertising, especially those who are already interested in our activities and operations or who might be interested in them (Remarketing and Targeting). For this, we may transmit corresponding – possibly also personal – information to third parties that enable such advertising. We can also determine whether our advertising is successful, meaning especially whether it leads to visits to our website (Conversion Tracking).

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

We particularly use:

13. Success and Reach Measurement

We try to measure the success and reach of our activities and actions. In this context, we can also measure the impact of third-party notices or check how different parts or versions of our online offerings are used ("A/B testing" method). Based on the results of the success and reach measurement, we can particularly fix errors, strengthen popular content, or make improvements.

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

In success and reach measurement, cookies may be used and user profiles may be created. Any created user profiles may include, for example, the individual 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, any user profiles are created exclusively in a pseudonymized manner and are not used to identify individual users. Individual services from third parties, where users are registered, may possibly associate the use of our online offerings with the user account or user profile with the respective service.

We particularly use:

14. Final Provisions

We created this privacy policy using the Privacy Generator from Privacy Partner.

We can adjust and supplement this privacy policy at any time. We will inform about such adjustments and supplements in an appropriate manner, particularly by publishing the current privacy policy on our website.

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