Privacy Statement

This privacy policy provides information about how we process personal data in connection with our activities and operations, including our website under the domain name databoat.ch. In particular, we provide information about what personal data we process, how and where we process it. We also provide information about the rights of individuals whose data we process.

With this privacy policy, we may publish additional privacy policies or other information regarding data protection for 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 26 July 2000, the European Commission recognized, that Swiss data protection law ensures adequate data protection. In its report of 15 January 2024, the European Commission confirmed this adequacy decision.

1. contact addresses

Responsibility for processing personal data:

Databoat AG
Obere Bahnhofstrasse 15
9500 Wil
Schweiz

info@databoat.ch

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

2. Terms and legal basis

2.1 Terms

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

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

Personal data requiring special protection: Data relating to trade union, political, religious or philosophical beliefs and activities, data relating to health, privacy or ethnic or racial origin, genetic data, biometric data that uniquely identifies a natural person, data relating to criminal and administrative sanctions or proceedings, and data relating to social assistance measures.

Processing: Any handling of personal data, regardless of the means and procedures used, such as querying, comparing, adapting, archiving, storing, reading, 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.

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, DPA) and the Ordinance on Data Protection (Data Protection Ordinance, DPO).

We process personal data in accordance with at least one of the following legal bases, insofar as the European General Data Protection Regulation (GDPR) applies:

Art. 6, paragraphe 1, lettre b du RGPD for the necessary processing of personal data for the performance of a contract with the data subject and for the implementation of pre-contractual measures.
Art. 6, paragraphe 1, lettre f du RGPD for the necessary processing of personal data to safeguard legitimate interests – including the legitimate interests of third parties – unless the fundamental freedoms and rights and interests of the data subject prevail. Such interests include, in particular, the long-term, humane, secure and reliable performance of our activities and operations, the assurance of information security, protection against misuse, the enforcement of our own legal claims and compliance with Swiss law.
Art. 6, paragraphe 1, lettre c du RGPD for the necessary processing of personal data to fulfil a legal obligation to which we are subject under any applicable law of Member States of the European Economic Area (EEA).
Art. 6, paragraphe 1, lettre e du RGPD for the necessary processing of personal data for the performance of a task carried out in the public interest.
Art. 6, paragraphe 1, lettre a du RGPD for the processing of personal data with the consent of the data subject.
Art. 6, paragraphe 1, lettre d du RGPD for the processing of personal data necessary to protect the vital interests of the data subject or of another natural person.
Art. 9, paragraphe 2 ff. RGPD for the processing of special categories of personal data, in particular with the consent of the data subjects.

The European General Data Protection Regulation (GDPR) defines 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).

3. Type, scope and purpose of processing personal data

We process personal data that is necessary to enable us to carry out our activities and operations in a sustainable, humane, secure and reliable manner. The personal data processed may fall into the following categories: 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, insofar as 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 fulfill legal obligations or to protect overriding interests. We may also seek consent from data subjects where consent is not required.

We process personal data for the period necessary for the respective purpose. We anonymize or delete personal data in particular in accordance with 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 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, for example.

5. Communication

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

Third parties who transfer data about other persons are obliged to ensure data protection for such data subjects. This includes ensuring that the personal data transferred is accurate.

We use selected services from suitable providers to improve communication with third parties.

6. Applications

We process personal data about applicants to the extent that it is necessary for assessing their suitability for employment or for the subsequent execution of an employment contract. The personal data required is derived in particular from the information requested, for example in a job advertisement. We may publish job advertisements with the help of suitable third parties, for example in electronic and printed media or on job portals and job platforms.

We also process personal data that applicants voluntarily provide or publish, in particular as part of cover letters, resumes, and other application documents, as well as online profiles.

We process personal data relating to applicants in particular in accordance with the following, insofar as the General Data Protection Regulation (GDPR) applies: Art. 9, paragraphe 2, lettre b du RGPD .

7. Data security

We take appropriate technical and organizational measures to ensure data security commensurate with the respective risk. With our measures, we ensure in particular the confidentiality, availability, traceability, and integrity of the personal data processed, without however being able to guarantee absolute data security.

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

Like all digital communication, 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. We have no direct influence on the processing of personal data by secret services, police agencies, and other security authorities. We also cannot rule out the possibility that a data subject may be subject to targeted surveillance.

8. Personal data abroad

We generally process personal data in Switzerland and within the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular for processing or to be processed there.

We may export personal data to any country in the world and elsewhere in the universe, 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) applies, 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 other appropriate safeguards. In exceptional cases, we may export personal data to countries without adequate or appropriate data protection if the specific data protection requirements are met, for example, the express consent of the data subjects or a direct connection with the conclusion or fulfillment of a contract. Upon request, we will gladly provide data subjects with information about any guarantees or a copy of any guarantees.

9. Rights of affected parties

9.1 Data protection claims

We grant affected persons all rights in accordance with applicable data protection law. Affected persons have the following rights in particular:

Information: Data subjects may request information about whether we process personal data relating to them and, if so, what personal data is involved. Data subjects will 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 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: Affected persons may correct inaccurate personal data, complete incomplete data, and restrict the processing of their data.
Deletion and objection: Data subjects may have personal data deleted (“right to be forgotten”) and object to the processing of their data with future effect.
Data disclosure and data transfer: Data subjects may request the disclosure of personal data or the transfer of their data to another controller.

We may defer, restrict, or deny the exercise of data subjects’ rights within the limits permitted by law. We may inform data subjects of any conditions that must be met in order for them to exercise their data protection rights. For example, we may refuse to provide information in whole or in part on the grounds of confidentiality obligations, overriding interests, or the protection of other persons. We may also refuse to delete personal data in whole or in part, in particular on the grounds of statutory retention obligations.

We may charge a fee for exercising these rights in exceptional cases. We will inform affected individuals in advance of any costs.

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

9.2 Legal protection

Affected persons have the right to enforce their data protection claims through legal channels or to file a complaint with a data protection supervisory authority.

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

European data protection supervisory authorities are organized as members of the European Data Protection Board (EDPB). In some member states of the European Economic Area (EEA), data protection supervisory authorities are structured along federal lines, particularly in Germany.

10. Use of the website

10.1 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 that are stored in your browser. Such stored data is not necessarily limited to traditional cookies in text form.

Cookies can be stored temporarily in the browser as “session cookies” or for a specific 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 enable us, in particular, to recognize a browser when you visit our website again and thus, for example, to measure the reach of our website. However, permanent cookies can also be used for online marketing, for example.

Cookies can be disabled or deleted in whole or in part at any time in your browser settings. Without cookies, our website may not be fully available. We actively seek your express consent to the use of cookies, at least to the extent necessary.

10.2 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 subpages of our website accessed including the amount of data transferred, last website accessed in the same browser window (referrer).

We record such information, which may also constitute personal data, in log files. The information is necessary to ensure that our online presence is permanent, user-friendly, and reliable. The information is also necessary to ensure data security, including by third parties or with the help of third parties.

10.3 Tracking pixel

We may incorporate tracking pixels into our online presence. Tracking pixels are also known as web beacons. Tracking pixels—including those from third parties whose services we use—are usually small, invisible images or scripts written in JavaScript that are automatically retrieved when you access our online presence. Tracking pixels can collect at least the same information as log files.

We are present on social media platforms and other online platforms in order to communicate with interested parties and provide information about our activities. 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 privacy policies 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, including, for example, the right to information.

12. Third-party services

We use services provided by specialized third parties to enable us to carry out our activities and operations in a sustainable, people-friendly, secure, and reliable manner. These services enable us, among other things, to embed functions and content into our website. When such embedding takes place, the services used collect the IP addresses of users, at least temporarily, 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 aggregated, anonymized, or pseudonymized form. This includes, for example, performance or usage data required to provide the respective service.

12.1 Digital infrastructure

We use services provided by specialized third parties in order to be able to use the digital infrastructure required in connection with our activities and operations. These include, for example, hosting and storage services from selected providers.

We particularly use:

METANET: Hosting; Provider: METANET AG (Switzerland); Information on data protection: Privacy policy, “Technical and organizational measures.”

12.2 Audio and video conferences

We use specialized services for audio and video conferencing to communicate online. This allows us to hold virtual meetings or conduct online lessons and webinars, for example. Participation in audio and video conferences is also subject to the legal texts of the individual services, such as privacy policies and terms of use.

Depending on your situation, we recommend muting your microphone by default when participating in audio or video conferences and blurring the background or displaying a virtual background.

12.3 Online collaboration

We use third-party services to enable online collaboration. In addition to this privacy policy, any directly visible terms and conditions of the services used, such as terms of use or privacy policies, also apply.

12.4 Fonts

We use third-party services to embed selected fonts, icons, logos, and symbols into our website.

We use the following in particular:

Font Awesome: Icons and logos; provider: Fonticons Inc. (USA); privacy policy: privacy policy.

13. Extensions for the website

We use extensions for our website to enable additional functions. We may use selected services from suitable providers or use such extensions on our own digital infrastructure.

14. Final notes on the privacy policy

We have created this privacy policy using the privacy policy generator provided by Datenschutzpartner .

We may update this privacy policy at any time. We will notify you of any updates in an appropriate manner, in particular by publishing the current privacy policy on our website.