Data protection

Responsible body within the meaning of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:

 

SmartLists
Debora Horst
Mühledorfstrasse 60c
5013 Niedergösgen

Phone: 0628491626
Email: smartlists@gmx.ch
Website: https://smartlists.org/

 

General information

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Swiss Confederation (Data Protection Act, DSG), every person is entitled to protection of their privacy and protection against misuse of their personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

In cooperation with our hosting providers, we endeavor to protect the databases as well as possible against unauthorized access, loss, misuse or falsification.

We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible.

By using this website, you consent to the collection, processing and use of data in accordance with the following description. This website can generally be visited without registration. Data such as pages called up or the name of the file called up, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or e-mail address, are collected on a voluntary basis as far as possible. No data will be passed on to third parties without your consent.

 

Processing of personal data

Personal data is any information relating to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, deletion, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. In addition, we process personal data in accordance with the following legal bases in connection with Art. 6 para. 1 GDPR, insofar as the EU GDPR is applicable:

• Consent (Art. 6 para. 1 sentence 1 lit. a. GDPR) - The data subject has given their consent to the processing of their personal data for a specific purpose or several specific purposes.

• Performance of a contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR) - Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

• legal obligation (Art. 6 para. 1 sentence 1 lit. c. GDPR) - Processing is necessary for compliance with a legal obligation to which the controller is subject.

• Protection of vital interests (Art. 6 para. 1 sentence 1 lit. d. GDPR) - Processing is necessary in order to protect the vital interests of the data subject or of another natural person.

• Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR) - Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.

• Application procedure as a pre-contractual or contractual relationship (Art. 9 para. 2 lit. b GDPR) - Insofar as special categories of personal data within the meaning of Art. 9 para. 1 GDPR are requested from applicants as part of the application procedure (e.g. health data, such as severely disabled status or ethnic origin) are requested from applicants so that the controller or the data subject can exercise their rights under labor law and social security and social protection law and fulfill their obligations in this regard, their processing is carried out in accordance with Art. 9 para. 2 lit. b. GDPR. GDPR, in the case of the protection of vital interests of applicants or other persons pursuant to Art. 9 para. 2 lit. c. GDPR or for the purposes of preventive health care or occupational medicine, for the assessment of the employee's ability to work, for medical diagnosis, care or treatment in the health or social sector or for the management of systems and services in the health or social sector pursuant to Art. 9 para. 2 lit. h. GDPR. In the case of communication of special categories of data based on voluntary consent, their processing is carried out on the basis of Art. 9 para. 2 lit. a. GDPR.

 We process personal data for the duration required for the respective purpose or purposes. In the case of longer-term retention obligations due to legal and other obligations to which we are subject, we restrict processing accordingly.

 

Relevant legal bases

In accordance with Art. 13 GDPR, we inform you of the legal basis of our data processing. If the legal basis is not stated in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the performance of our services and implementation of contractual measures as well as responding to inquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

 

Security measures

We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.

The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as the access, input, disclosure, safeguarding of availability and its separation. Furthermore, we have established procedures that ensure the exercise of data subject rights, the deletion of data and responses to data threats. Furthermore, we already take the protection of personal data into account during the development or selection of hardware, software and processes in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.

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Transfer of personal data

As part of our processing of personal data, data may be transferred to other bodies, companies, legally independent organizational units or persons or disclosed to them. The recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we observe the legal requirements and, in particular, conclude corresponding contracts or agreements with the recipients of your data that serve to protect your data.

 

Data processing in third countries

If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or if the processing takes place in the context of the use of third-party services or the disclosure or transfer of data to other persons, bodies or companies, this will only take place in accordance with the legal requirements.

Subject to express consent or transfer required by contract or law, we only process the data in third countries with a recognized level of data protection, contractual obligation through so-called standard protection clauses of the EU Commission, in the presence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).

 

Privacy policy for SSL/TLS encryption

This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content, such as the requests you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

 

Privacy policy for server log files

The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are

• Browser type and browser version

• Operating system used

• Referrer URL

• Host name of the accessing computer

• Time of the server request

This data cannot be assigned to specific persons. This data is not merged with other data sources. We reserve the right to check this data retrospectively if we become aware of specific indications of unlawful use.

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Third party services

This website may use Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam and YouTube for embedding videos.

These services of the American Google LLC use cookies, among other things, and as a result, data is transferred to Google in the USA, whereby we assume that no personal tracking takes place in this context solely through the use of our website.

Google has undertaken to guarantee appropriate data protection in accordance with the US-European and US-Swiss Privacy Shield.

Further information can be found in Google's privacy policy.

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Rights of data subjects

 

Right to confirmation

Every data subject has the right to obtain confirmation from the website operator as to whether or not personal data concerning him or her is being processed. If you wish to exercise this right of confirmation, you can contact the data protection officer at any time.

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Right to information

Any person affected by the processing of personal data has the right to receive information free of charge from the operator of this website at any time about the personal data stored about them and a copy of this information. The following information can also be provided, if applicable

• the purposes of processing

• the categories of personal data being processed

• the recipients to whom the personal data have been or will be disclosed

• where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period

• the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing

• the existence of the right to lodge a complaint with a supervisory authority

• if the personal data are not collected from the data subject: All available information about the origin of the data

Furthermore, the data subject has a right to information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate guarantees in connection with the transfer.

If you would like to exercise this right to information, you can contact our data protection officer at any time.

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Right to rectification

Any person affected by the processing of personal data has the right to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.

If you wish to exercise this right to rectification, you can contact our data protection officer at any time.

 

Right to erasure (right to be forgotten)

Any person affected by the processing of personal data has the right to demand from the controller of this website that the personal data concerning them be deleted immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:

• The personal data have been collected or otherwise processed for purposes for which they are no longer necessary

• The data subject withdraws consent on which the processing is based and where there is no other legal ground for the processing

• The data subject objects to the processing on grounds relating to his or her particular situation and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in the case of direct marketing and associated profiling

• The personal data has been processed unlawfully

• The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject

• The personal data have been collected in relation to the offer of information society services directly to a child

 

Right to restriction of processing

Any person affected by the processing of personal data has the right to request the controller of this website to 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 and the data subject opposes the erasure of the personal data and requests the restriction of their use instead

• The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims

• The data subject has objected to the processing on grounds relating to his or her particular situation and it is not yet clear whether the legitimate grounds of the controller override those of the data subject

If one of the aforementioned conditions is met, and you wish to request the restriction of the processing of personal data stored by the operator of this website, you can contact our data protection officer at any time. The data protection officer of this website will arrange for the restriction of processing.

 

Right to data portability

Any person affected by the processing of personal data has the right to receive the personal data concerning them in a structured, commonly used and machine-readable format. They also have the right to have this data transmitted to another controller if the legal requirements are met.

Furthermore, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.

To assert the right to data portability, you can contact the data protection officer appointed by the operator of this website at any time.

 

Right to object

Any person affected by the processing of personal data has the right to object to the processing of personal data concerning them at any time for reasons arising from their particular situation.

In the event of an objection, the operator of this website will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.

To exercise your right to object, you can contact the data protection officer of this website directly.

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Right to withdraw consent under data protection law

Any person affected by the processing of personal data has the right to withdraw their consent to the processing of personal data at any time.

If you wish to exercise your right to withdraw consent, you can contact our data protection officer at any time.

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Google Ads

This website uses Google Conversion Tracking. If you have reached our website via an advertisement placed by Google, Google Ads will set a cookie on your computer. The cookie for conversion tracking is set when a user clicks on an ad placed by Google. These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of our website and the cookie has not yet expired, we and Google can recognize that the user clicked on the ad and was redirected to this page. Each Google Ads customer receives a different cookie. Cookies can therefore not be tracked via the websites of Ads customers. The information collected using the conversion cookie is used to generate conversion statistics for Ads customers who have opted for conversion tracking. Customers are told the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.

 If you do not wish to participate in tracking, you can refuse the setting of a cookie required for this - for example, by using a browser setting that generally deactivates the automatic setting of cookies or by setting your browser to block cookies from the domain "googleleadservices.com".

Please note that you may not delete the opt-out cookies as long as you do not wish measurement data to be recorded. If you have deleted all your cookies in the browser, you must set the respective opt-out cookie again.

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Privacy policy for Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the controller responsible for data processing on this website is located outside the European Economic Area or Switzerland, Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as "Google".

We can use the statistics obtained to improve our offer and make it more interesting for you as a user. This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. If you have a Google user account, you can deactivate the cross-device analysis of your usage in the settings there under "My data", "Personal data".

The legal basis for the use of Google Analytics is Art. 6 para. 1 sentence 1 lit. f GDPR. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. We would like to point out that on this website Google Analytics has been extended by the code "_anonymizeIp();" to ensure an anonymized collection of IP addresses. As a result, IP addresses are further processed in abbreviated form, so that they cannot be linked to a specific person. If the data collected about you is personally identifiable, it is immediately excluded and the personal data is deleted immediately.

Only in exceptional cases is the full IP address transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator.

Google Analytics uses cookies. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at the following link: Deactivate Google Analytics.

You can also prevent the use of Google Analytics by clicking on this link: Deactivate Google Analytics. This will store an opt-out cookie on your data carrier, which prevents the processing of personal data by Google Analytics. Please note that if you delete all cookies on your end device, these opt-out cookies will also be deleted, i.e. you will have to set the opt-out cookies again if you want to continue to prevent this form of data collection. The opt-out cookies are set for each browser and computer/end device and must therefore be activated separately for each browser, computer or other end device.

 

Privacy policy for Facebook

This website uses functions of Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA. When you access our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. Data is already transmitted to Facebook. If you have a Facebook account, this data can be linked to it. If you do not wish this data to be linked to your Facebook account, please log out of Facebook before visiting our site. Interactions, in particular the use of a comment function or clicking on a "Like" or "Share" button, are also passed on to Facebook. You can find out more at https://de-de.facebook.com/about/privacy.

 

Privacy policy for Instagram

Functions of the Instagram service are integrated on our website. These functions are offered by Instagram Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate your visit to our pages with your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Instagram.

You can find more information on this in Instagram's privacy policy: http://instagram.com/about/legal/privacy/

 

General disclaimer

All information on our website has been carefully checked. We make every effort to ensure that the information we provide is up-to-date, correct and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, accuracy and topicality of information, including journalistic and editorial information. Liability claims arising from material or immaterial damage caused by the use of the information provided are excluded, unless there is evidence of willful intent or gross negligence.

The publisher may change or delete texts at its own discretion and without notice and is not obliged to update the content of this website. The use of or access to this website is at the visitor's own risk. The publisher, its clients or partners are not responsible for damages, such as direct, indirect, accidental, pre-determined or consequential damages, which are allegedly caused by visiting this website and therefore assume no liability for this.

The publisher also accepts no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked pages are solely responsible for their content. The publisher therefore expressly distances itself from all third-party content that may be relevant under criminal or liability law or offend common decency.

 

Changes

We may amend this privacy policy at any time without prior notice. The current version published on our website shall apply. If the data protection declaration is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.

 

Questions for the data protection officer

If you have any questions about data protection, please send us an e-mail or contact the person responsible for data protection in our organization listed at the beginning of the privacy policy directly.

 

Niedergösgen, December 5, 2023
Source:  Swiss lawyer