This data protection declaration informs you which personal data we process in connection with our activities and operations, including our website www.kloter-attorneys.ch. In particular, it explains what personal data we process for what purpose and where. In particular, we provide information on what personal data we process, for what purpose, how and where. We also inform about the rights of persons whose data we process.
Further data protection declarations and other legal documents may apply to individual or additional activities and operations.
We are subject to Swiss data protection law and any foreign data protection law to the extent that they may be applicable, in particular that of the European Union (EU) and the General Data Protection Regulation (GDPR). The European Commission recognises that Swiss data protection law ensures adequate data protection.
Contact
Responsibility for the processing of personal data:
Kloter Attorneys Limited
Rotfluhstrasse 67
8702 Zollikon
Switzerland
office@kloter-attorneys.ch
Data protection representative in the European Economic Area (EEA) according to Art. 27 GDPR:
VGS Datenschutzpartner GmbH
Am Kaiserkai 69
20457 Hamburg
Germany
info@datenschutzpartner.eu
This data protection representative serves as an additional point of contact for data subjects and authorities in the European Union (EU) and the rest of the European Economic Area (EEA) for enquiries relating to the General Data Protection Regulation (GDPR).
Terms
Personal 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, irrespective of the means and procedures used, for example querying, comparing, adapting, archiving, storing, selecting, disclosing, procuring, recording, collecting, deleting, disclosing, arranging, organising, storing, modifying, disseminating, linking, destroying and using 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) defines the processing of personal data as the processing of personal data.
Legal basis
We process personal data in accordance with Swiss data protection law, such as in particular the Federal Data Protection Act (FADP) and the Ordinance on Data Protection (DPO).
We process personal data - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - in accordance with at least one of the following legal bases:
- Art. 6 para. 1 lit. b GDPR for the necessary processing of personal data for the fulfilment of a contract with the data subject as well as for the implementation of pre-contractual measures.
- Art. 6 para. 1 lit. f GDPR for the necessary processing of personal data for the purposes of the legitimate interests pursed by us or of third parties, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Legitimate interests include, in particular, our interest in being able to carry out and communicate about our activities and operations in a permanent, user-friendly, secure and reliable manner, the guarantee of information security, protection against misuse, the 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 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 GDPR for the necessary processing of personal data for the performance of a task which is 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 to protect the vital interests of the data subject or another natural person.
Type, scope and purpose
We process personal data that is necessary to carry out our activities and operations in a permanent, 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 as well as contract and payment data.
We process personal data for the period of time necessary for the relevant purpose(s) or as required by law. Personal data whose processing is no longer necessary is anonymised or deleted.
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, specialised 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 be permissible, for example, for the fulfilment of a contract with the data subject and for corresponding pre-contractual measures, in order to protect our prevailing 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 letter, e-mail, instant messaging, contact form, social media or telephone. 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 vis-à-vis 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 permissible for legal reasons.
Applications
We process personal data about people who apply to us to the extent that it is necessary for assessing their suitability for an employment relationship or for the subsequent execution of an employment contract. The necessary personal data results in particular from the information requested, for example in the context of a job posting. We also process personal data that applicants voluntarily provide or publish (e.g. in cover/motivational letters, CVs and other application documents as well as in online profiles).
If and to the extent that the General Data Protection Regulation (GDPR) is applicable, we process personal data about applicants in particular in accordance with Art. 9 para. 2 lit. b GDPR.
Personal data abroad
We process personal data 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 export personal data to all countries, provided that the local law guarantees 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 - in accordance with the decision of the European Commission.
We may transfer personal data to countries whose law does 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 appropriate guarantees. Exceptionally, we may export personal data to countries without adequate or appropriate 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 a copy of any guarantees on request.
Data protection rights
We grant data subjects all rights in accordance with the 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 rights and to ensure transparency. This includes the personal data processed as such, but also, among other things, information on the purpose of processing, the duration of storage, where applicable any disclosure resp. any export of data to other countries and the origin of the personal data. - Correction and restriction:
Data subjects may have inaccurate personal data corrected, incomplete data completed and 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 release and data transfer:
Data subjects may request the release of personal data or the transfer of their data to another data controller.
We may suspend, restrict or refuse the exercise of the rights of data subjects to the extent permitted by law. We can inform data subjects of any requirements they must meet 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 exceptionally provide for costs for the exercise of rights. We inform data subjects in advance of any costs.
We are obligated to take appropriate measures to identify data subjects who request information or assert other rights. Data subjects are obliged to cooperate.
Right of appeal
Data subjects have the right to enforce their data protection rights by legal means or to lodge a complaint with a competent 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).
Data subjects have the right - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - to lodge a complaint with a competent European data protection supervisory authority.
Data security
We take suitable technical and organisational measures to ensure data security appropriate to the risk involved. However, we self-evidently 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 - like all digital communication - is subject to mass surveillance without cause or suspicion as well as other surveillance by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We cannot take direct influence on the corresponding processing of personal data by intelligence, law enforcement, and other security authorities, forces and/or agencies.
Use of the website
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. Cookies make it possible in particular 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 for example also be used for online marketing.
Cookies can be completely 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 your express consent to the use of cookies, if and to the extent this is necessary.
Server log files:
We may record the following pieces of 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 called up including the amount of data transferred, website last called up 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 on a permanent, user-friendly and reliable basisand to ensure data security, particularly the protection of personal data; also by third parties or with the help of third parties.
Tracking pixels:
We may use tracking pixels on our website. Tracking pixels are also known as web beacons. Tracking pixels - including those provided by third parties whose services we use - are small, usually invisible images that are automatically retrieved when you visit our website. With tracking pixels, the same information can be collected as in server log files.
E-mail and other contact
On our website you will find the general contact e-mail address of our law firm (office@kloter-attorneys.ch) as well as the e-mail addresses of our employees. It goes without saying that your e-mail address and any content you send to us will be recorded and processed if you contact us by e-mail. The same applies if you contact us in any other way (e.g. by telephone or letter). We will retain this information (for as long as necessary) to respond to your enquiries and, where appropriate, for longer if we are legally obliged to do so or to protect our rights.
Please note that if you submit your information to us over an open network such as the Internet, such networks are generally not considered to be a secure environment. For example, information sent over the Internet (such as on or from the Site or via electronic mail) may be accessed by unauthorised third parties, potentially resulting in disclosures, content changes or technical errors. Even if the sender and recipient are in the same country, information sent over the Internet may be transmitted across international borders and forwarded to a country with a lower level of data protection than your country of residence.
Please note that we do not accept any responsibility or liability for the security of your data during transmission over the Internet to us. You may, of course, choose other means of communication to protect your privacy.
Third-party services
We use the services of specialised third parties in order to carry out our activities and operations in a sustainable, user-friendly, secure and reliable manner. With such services we can, among other things, embed functions and content into 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 necessary reasons.
For necessary security-related, 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.
In particular, we use the following services:
Google Maps: To show visitors the location of the law firm, Google Maps is integrated into the website. When you open the location maps, you are directly using this Google service; data such as the IP address, Google ID, location, time, etc. are sent to the operator Google and are processed there; the operator's data protection declarations are authoritative in this regard. Google Maps is operated for Switzerland by Google Ireland Limited, a company of Google LLC, with its registered office in Gordon House, Barrow Street, Dublin 4, Ireland). You can find their data protection information here: https://policies.google.com/privacy?hl=en
Website hosting: We host our website with Hostpoint AG in 8640 Rapperswil-Jona in Switzerland. Hostpoint AG creates standard web server log files with the following information for each access to this website: IP address, date and time including time zone, browser request including origin of the request (Referer or Referrer), operating system used including user interface and version, browser used including language and version, amount of data transferred as well as duration of stay and click behaviour. The log files are used to detect technical problems as well as to ensure security and for statistical evaluation of the use of our website with the Logaholic Web Analytics software, which is used by our hoster Hostpoint AG.
Audio and video conferencing: We use audio and video conferencing services to communicate online. For example, we can use them to hold virtual meetings. For participation in audio and video conferences, the data protection declarations and terms of use of the individual services also apply. Depending on your life situation, we recommend that you mute the microphone by default when participating in audio or video conferences and that you blur the background or have a virtual background superimposed.
In particular, we use: Zoom (provider: Zoom Video Communications Inc., USA; data protection information: https://explore.zoom.us/en/privacy/ and https://explore.zoom.us/en/trust/privacy/) and Teams (provider: Microsoft Corporation, USA; data protection information: https://learn.microsoft.com/en-gb/microsoftteams/teams-privacy).
Changes
This privacy policy was last updated in January 2024. We may change, adapt and supplement it at any time. We will make any such changes available to you via our website www.kloter-attorneys.ch.