DATA PROTECTION

We are very pleased that you are interested in our company. Data protection is of a particularly high priority for the management of the Hinzer Architektur AG. The Hinzer Architektur AG website can generally be used without providing any personal data. However, if a data subject wants to use special company services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Hinzer Architektur AG. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of the rights to which they are entitled by means of this data protection declaration.

As the controller responsible for processing, Hinzer Architektur AG has implemented numerous technical and organizational measures to ensure the most complete possible protection of personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us in alternative ways, for example by telephone.

1./ Definitions

The data protection declaration of Hinzer Architektur AG is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms, among others, in this data protection declaration:

a) personal data

Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person is considered to be identifiable if, directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier or to one or more special features, the expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person can be identified.

b) data subject

Data subject is any identified or identifiable natural person whose personal data is processed by the data controller.

c) processing

Processing is any process carried out with or without the help of automated procedures or any such series of processes in connection with personal data such as collecting, recording, organizing, arranging, storing, adapting or changing, reading out, querying, using, disclosure by transmission, distribution or any other form of making available, matching or linking, restriction, deletion or destruction.

d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.

e) profiling

Profiling is any type of automated processing of personal data, which consists in using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal Analyze or predict that natural person’s preferences, interests, reliability, behavior, whereabouts or relocation.

f) Pseudonymization

Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that ensure that the personal data not assigned to an identified or identifiable natural person.

g) Controller or data controller

The person responsible or responsible for processing is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data. If the purposes and means of this processing are specified by Union law or the law of the Member States, the person responsible or the specific criteria for his naming can be provided for by Union law or the law of the Member States.

h) processors

Processor is a natural or legal person, public authority, institution or other body that processes personal data on behalf of the person responsible.

i) Recipient

Recipient is a natural or legal person, public authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law are not considered recipients.

j) third party

Third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct responsibility of the controller or the processor, are authorized to process the personal data.

k) Consent

Consent is any expression of will voluntarily given by the data subject in an informed manner and unequivocally for the specific case in the form of a declaration or other clear confirmatory action with which the data subject indicates that they consent to the processing of their personal data is.

2. / Name and address of the person responsible for processing

The person responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the member states, the Swiss Federal Data Protection Act (DSG) and other data protection regulations is:

Hinzer Architektur AG

Via Suot Chesas 8a

7512 Champfer

Switzerland

+41 81 8300310

architektur@hinzer.ch

Website: www.hinzer.ch/www.hinzerarchitektur.ch

President: Roland Hinzer

3. / Collection of general data and information

The Hinzer Architektur AG website, www.hinzer.ch/www.hinzerarchitektur.ch, collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the log files of the server. The can be recorded

(1) browser types and versions used,

(2) the operating system used by the accessing system,

(3) the website from which an accessing system reaches our website (so-called referrer),

(4) the sub-websites that are accessed via an accessing system on our website,

(5) the date and time of access to the website,

(6) an Internet Protocol address (IP address),

(7) the internet service provider of the accessing system and

(8) other similar data and information used to avert danger in the event of attacks on our information technology systems.

When using these general data and information, the Hinzer Architektur AG does not draw any conclusions about the data subject. Rather, this information is required to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website and ( 4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by Hinzer Architektur AG statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by an affected person.

4. / Routine deletion and blocking of personal data

The person responsible for processing processes and stores personal data of the person concerned only for the period necessary to achieve the purpose of storage or if this is required by the European directive and regulation giver or another legislator in laws or regulations which the person responsible for processing subject, was provided.

If the storage purpose no longer applies or if a storage period stipulated by the European directive and regulation legislator or another responsible legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.

5. / Rights of the data subject

a) Right to Confirmation

Every data subject has the right, granted by the European directive and regulation giver, to request confirmation from the person responsible for processing as to whether personal data relating to them are being processed. If a data subject wishes to exercise this right to confirmation, they can contact an employee of the data controller at any time.

b) Right to information

Every person affected by the processing of personal data has the right, granted by the European directive and regulation giver, to receive free information about the personal data stored about him and a copy of this information from the person responsible for processing at any time. Furthermore, the European legislator for directives and regulations has granted the data subject access to the following information:

the processing purposes

the categories of personal data being processed

the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations

if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria used to determine that duration

the existence of a right to correction or deletion of the personal data concerning you or to restriction of processing by the person responsible or a right to object to this processing

the existence of a right of appeal to a supervisory authority

if the personal data is not collected from the data subject: all available information about the origin of the data

the existence of automated decision-making including profiling in accordance with Article 22 (1) and (4) GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject

Furthermore, the data subject has a right to information as to whether personal data has been transmitted to a third country or to an international organization. If this is the case, the person concerned has the right to receive information about the appropriate guarantees in connection with the transmission.

If a data subject wishes to exercise this right to information, they can contact an employee of the data controller at any time.

c) Right to rectification

Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to demand the immediate correction of incorrect personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data – also by means of a supplementary declaration.

If a data subject wishes to exercise this right to rectification, they can contact an employee of the data controller at any time.

d) Right to erasure (right to be forgotten)

Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to demand that the person responsible delete the personal data concerning them immediately if one of the following reasons applies and if the processing is not necessary:

The personal data were collected for such purposes or otherwise processed for which they are no longer necessary.

The data subject revokes their consent on which the processing is based in accordance with Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO and there is no other legal basis for the processing.

According to Art. 21 para. 1 DS-GVO objection to the processing, and there are no overriding legitimate reasons for the processing, or the data subject submits an objection pursuant to Art. 21 para. 2 DS-GVO objection to the processing.

The personal data was processed unlawfully.

Erasure of the personal data is necessary to fulfill a legal obligation under Swiss law, Union law or the law of the Member States to which the person responsible is subject.

The personal data was collected in relation to information society services offered in accordance with Art. 8 para. 1 DS-GVO.

If one of the above reasons applies and a data subject wishes to have personal data stored at Hinzer Architektur AG deleted, they can contact an employee of the data controller at any time. The employee of Hinzer Architektur AG will ensure that the request for deletion is complied with immediately.

If the personal data was made public by Hinzer Architektur AG and our company is responsible in accordance with Art. 17 Para. 1 DS-GVO, Hinzer Architektur AG shall take appropriate measures, also of a technical nature, to inform other persons responsible for data processing who process the published personal data, taking into account the available technology and the implementation costs ensure that the data subject has requested the deletion of all links to this personal data or copies or replications of this personal data from these other data controllers, insofar as the processing is not necessary. The employee of Hinzer Architektur AG will arrange the necessary in individual cases.

e) Right to restriction of processing

Any person affected by the processing of personal data has the right, granted by the European directive and regulation giver, to demand that the person responsible restrict the processing if one of the following conditions is met:

The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.

The processing is unlawful, the data subject refuses to have the personal data deleted and instead requests that the use of the personal data be restricted.

The person responsible no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims.

The data subject has objected to the processing pursuant to Art. Art. 21 para. 1 DS-GVO and it is not yet clear whether the legitimate reasons of the person responsible outweigh those of the person concerned.

If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored at Hinzer Architektur AG, they can contact an employee of the data controller at any time. The employee of the Hinzer Architektur AG will arrange the restriction of the processing.

f) Right to data portability

Every person affected by the processing of personal data has the right, granted by the European directive and regulation giver, to receive the personal data relating to them, which the person concerned has provided to a person responsible, in a structured, common and machine-readable format. You also have the right to transmit this data to another person responsible without hindrance from the person responsible to whom the personal data was provided, provided that the processing is based on the consent in accordance with Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO or on a contract according to Art. 6 para. 1 letter b DS-GVO and the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task that is in the public interest or in the exercise of official authority that has been transferred to the person responsible.

Furthermore, when exercising their right to data portability in accordance with Art. 20 para. 1 DS-GVO, you have the right to have the personal data transmitted directly from one person responsible to another person responsible, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other persons.

In order to assert the right to data transferability, the person concerned can contact an employee of Hinzer Architektur AG at any time.

g) Right to object

Every person affected by the processing of personal data has the right granted by the European directive and regulation giver, for reasons that arise from their particular situation, at any time against the processing of personal data concerning them, which is based on Art. 6 para. 1 letters e or f DS-GVO to file an objection. This also applies to profiling based on these provisions.

Hinzer Architektur AG will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or Defense of Legal Claims.

If Hinzer Architektur AG processes personal data in order to operate direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to Hinzer Architektur AG to the processing for direct marketing purposes, Hinzer Architektur AG will no longer process the personal data for these purposes.

In addition, the data subject has the right, for reasons arising from their particular situation, against the processing of personal data relating to them, which is carried out at Hinzer Architektur AG for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 DS-GVO to object, unless such processing is necessary to fulfill a task in the public interest.

In order to exercise the right to object, the data subject can directly contact any employee of Hinzer Architektur AG or another employee. The data subject is also free, in connection with the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.

h) Automated individual decisions including profiling

Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations not to be subject to a decision based exclusively on automated processing – including profiling – which has legal effects on them or significantly affects them in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the person responsible, or (2) is permissible on the basis of Union or Member State legislation to which the person responsible is subject and such legislation requires appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject or (3) is carried out with the express consent of the data subject.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the Hinzer Architektur AG shall implement suitable measures to safeguard the rights and freedoms and the to protect the legitimate interests of the data subject, including at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

If the data subject wishes to assert rights relating to automated decisions, they can contact an employee of the data controller at any time.

i) Right to withdraw consent under data protection law

Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to revoke consent to the processing of personal data at any time.

If the data subject wishes to assert their right to revoke consent, they can contact an employee of the data controller at any time.

6. / Legal basis of processing

The Federal Data Protection Act (DSG) applies in Switzerland.

The GDPR applies to Hinzer Architektur AG if:

processing personal data on behalf of a European company or private individual.

data of a person established in the EU are processed. This applies, for example, to online mailing to people residing within the EU, but also to web tracking if this can be linked to a person (non-anonymised IP address).

if a processor is used in the EU.

Art. 6 I lit. a DS-GVO serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfill a contract to which the data subject is party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in the case of inquiries about our products or services. Is our company subject to a legal obligation which requires the processing of personal data, such as the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data could become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Ultimately, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the person concerned do not prevail. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if the data subject is a customer of the person responsible (recital 47 sentence 2 DS-GVO).

7. / Legitimate interests in processing pursued by the controller or a third party

Is the processing of personal data based on Article 6 I lit. f DS-GVO is our legitimate interest in conducting our business for the benefit of all our employees and our shareholders.

8. / Duration for which the personal data will be stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the period has expired, the corresponding data will be routinely deleted, provided they are no longer required to fulfill the contract or to initiate a contract.

9. Statutory or contractual requirements for providing the personal data; Necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a person concerned makes personal data available to us, which must then be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact one of our employees. Our employee clarifies to the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.

10. / Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

11. / Contact form and email contact

a. Description and scope of data processing

There is a contact form on our website which can be used to contact us electronically. If a user takes advantage of this option, the data entered in the input mask will be transmitted to us and saved. These data are:

1) name

2) email address

3) Notice/Request

At the time the message is sent, the following data is also stored:

1) The IP address of the user

2) Date and time of registration

Your consent will be obtained for the processing of the data during the sending process and reference will be made to this data protection declaration.

Alternatively, you can contact us via the email address provided. In this case, the user’s personal data transmitted with the e-mail will be stored.

In this context, the data will not be passed on to third parties. The data will only be used to process the conversation.

b. Legal basis for data processing

The legal basis for processing the data is Article 6(1)(a) GDPR if the user has given their consent.

The legal basis for the processing of the data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f GDPR. If the e-mail contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

c. purpose of data processing

The processing of the personal data from the input mask serves us solely to process the contact. If contact is made by e-mail, this is also the necessary legitimate interest in the processing of the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

i.e. Duration of storage

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is over when it can be inferred from the circumstances that the facts in question have been finally clarified.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

e. Possibility of objection and elimination

The user has the option to revoke his consent to the processing of personal data at any time. If the user contacts us by email, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

All personal data that was saved in the course of making contact will be deleted in this case.

12. Data protection regulations for the deployment and use of Facebook

The person responsible for processing has integrated components of the company Facebook on this website. Facebook is a social network.

A social network is a social meeting place operated on the Internet, an online community that usually enables users to communicate with one another and to interact in virtual space. A social network can serve as a platform for exchanging opinions and experiences, or it allows the Internet community to provide personal or company-related information. Among other things, Facebook enables users of the social network to create private profiles, upload photos and network via friend requests.

Facebook’s operating company is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a person concerned lives outside the USA or Canada, the person responsible for processing personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

Each time one of the individual pages of this website is called up, which is operated by the person responsible for processing and on which a Facebook component (Facebook plug-in) has been integrated, the Internet browser on the information technology system of the person concerned is automatically activated by the respective Facebook component causes a representation of the corresponding Facebook component to be downloaded from Facebook. A complete overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=de_DE. As part of this technical process, Facebook is informed which specific subpage of our website is visited by the person concerned.

If the person concerned is logged on to Facebook at the same time, Facebook recognizes which specific subpage of our website the person concerned is visiting each time the person concerned calls up our website and for the entire duration of their stay on our website. This information is collected by the Facebook component and assigned to the respective Facebook account of the person concerned by Facebook. If the person concerned clicks on one of the Facebook buttons integrated on our website, for example the “Like” button, or if the person concerned makes a comment, Facebook assigns this information to the personal Facebook user account of the person concerned and stores this personal data .

Facebook always receives information via the Facebook component that the person concerned has visited our website if the person concerned is logged in to Facebook at the same time as accessing our website; this takes place regardless of whether the person concerned clicks on the Facebook component or not. If the data subject does not want this information to be transmitted to Facebook in this way, they can prevent the transmission by logging out of their Facebook account before accessing our website.

The data policy published by Facebook, which can be accessed at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It is also explained there which setting options Facebook offers to protect the privacy of the data subject. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the person concerned to suppress data transmission to Facebook.

13. / Google Maps

Hinzer Architektur AG integrates the maps of the “Google Maps” service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, on its website. IP addresses and location data of the users can be processed as data, but this data is not collected without the consent of the users (the users usually enter this data themselves as part of the settings for their location data on the devices). This entered data can also be processed in the USA. Data protection declaration: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.

14. / Typekit fonts from Adobe

We use “Typekit” for legitimate interest (ie interest in the optimal design, optimization and economic operation of our website “www.hinzer.ch/www.hinzerarchitektur.ch” within the meaning of Art. 6 Para. 1 lit. f. GDPR). – Adobe Cloud Fonts, Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Republic of Ireland. Adobe is certified under the Privacy Shield Agreement and thus guarantees compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TNo9AAG&status=Active).

15. /Pinterest

Functions and content of the Pinterest service offered by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA, can be used for the websites of Hinzer Architektur AG. This can, for example, be content such as images, videos or text and buttons that Pinterest users can share within this online offer. If the users are members of the Pinterest platform, Pinterest can assign the above-mentioned content and functions to the user profiles there. Pinterest privacy policy: https://about.pinterest.com/de/privacy-policy.

This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer in Düsseldorf, in cooperation with the Cologne data protection lawyer Christian Solmecke and expanded in certain points.