Data Protection and Disclaimer

With this data protection declaration, we inform you which personal data we process in connection with our activities and activities including our www.balances.ch website. In particular, we provide information as to why, how and where we process which personal data. We also provide information about the rights of people whose data we process.

Further data protection declarations and other legal documents such as General Terms and Conditions (GTC), Terms of Use or Conditions of Participation may apply to individual or additional activities.

We are subject to Swiss data protection law and any applicable foreign data protection law, such as that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognizes that Swiss data protection law ensures adequate data protection.

1. Contact addresses


Responsibility for the processing of personal data:

Hotel des Balances
Weinmarkt
CH-6004 Luzern
info@balances.ch

We will point out if there are other persons responsible for the processing of personal data in individual cases.

1.1 Data Protection Officer or Data Protection Advisor
We have the following data protection officer or the following data protection consultant as a contact point for data subjects and authorities for inquiries in connection with data protection:

Simon Roos
Hotel des Balances
Weinmarkt
CH-6004 Luzern
info@balances.ch

1.2 Data protection representation in the European Economic Area (EEA)
We have the following data protection representation in accordance with Art. 27 GDPR:

IT.DS Beratung
Klecker Weg 14 a
21244 Buchholz i.d.N., Deutschland
info@itdsb.de

The data protection representation serves as an additional contact point for data subjects and authorities in the European Union (EU) and the rest of the European Economic Area (EEA) for inquiries in connection with the GDPR.

2. Terms and legal bases

2.1 Terms
Personal data is all information that relates to a specific or identifiable natural person. A data subject is a person about whom we process personal data.

Processing includes any handling of personal data, regardless of the means and procedures used, such as querying, comparing, adapting, archiving, storing, reading out, disclosing, procuring, recording, collecting, deleting, disclosing, arranging, organizing, saving, changing, 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) describes the processing of personal data as processing of personal data.

2.2 Legal Bases
We process personal data in accordance with Swiss data protection law, in particular the Federal Act on Data Protection (Data Protection Act, DSG) and the Ordinance on Data Protection (Data Protection Ordinance, DSV).

If and to the extent that the General Data Protection Regulation (GDPR) is applicable, we process personal data in accordance with at least one of the following legal bases:

  • Art. 6 Para. 1 Letter b GDPR for the necessary processing of personal data to fulfil a contract with the data subject and to carry out pre-contractual measures.
  • Art. 6 Para. 1 lit. f GDPR for the necessary processing of personal data in order to protect the legitimate interests of us or third parties, unless the fundamental freedoms and fundamental rights as well as the interests of the data subject outweigh this. Legitimate interests include, in particular, our interest in being able to carry out our activities and activities in a permanent, user-friendly, secure and reliable manner and to be able to communicate about them, ensuring information security, protecting against misuse, enforcing our own legal claims and complying with Swiss law.
  • Art. 6 Para. 1 lit. c GDPR for the necessary processing of personal data to fulfil 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 Letter e GDPR for the necessary processing of personal data to carry out a task that is in the public interest.
  • Art. 6 Para. 1 lit. a GDPR for the processing of personal data with the consent of the data subject.
  • Art. 6 Para. 1 lit. d GDPR for the necessary processing of personal data in order to protect the vital interests of the data subject or another natural person.


3. Type, scope, and purpose

We process the personal data that is required to be able to carry out our activities and activities in a permanent, user-friendly, safe, and reliable manner. Such personal data can in particular fall into the categories of inventory and contact data, browser and device data, content data, meta or edge data and usage data, location data, sales data as well as contract and payment data. We process personal data for the period that is necessary for the respective purpose(s) or by law. Personal data that no longer needs to be processed will be anonymized or deleted.

We may have personal data processed by third parties. We may process personal data together with third parties or transfer it to third parties. Such third parties are specialized providers whose services we use. We also guarantee data protection for such third parties.

We generally only process personal data with the consent of the person concerned. If and to the extent that processing is permitted for other legal reasons, we may waive the need to obtain consent. For example, we may process personal data without consent to fulfil a contract, to comply with legal obligations or to protect overriding interests. In this context, we process information that a data subject voluntarily sends to us when contacting us - for example by post, email, instant messaging, contact form, social media, or telephone - or when registering for a user account. We can store such information, for example, in an address book, in a customer relationship management system (CRM system) or using comparable tools. If we receive data about other people, the people providing the data are obliged to ensure data protection for these people and to ensure the accuracy of this personal data.

We also process personal data that we receive from third parties, obtain from publicly available sources, or collect in the exercise of our activities and activities, if and to the extent that such processing is permitted for legal reasons.

4. Applications

We process personal data about applicants to the extent that it is necessary for assessing suitability for an employment relationship or for the subsequent execution of an employment contract. The required personal data arises in particular from the information requested, for example in the context of a job advertisement. We also process the personal data that applicants voluntarily communicate or publish, as part of cover letters, CVs and other application documents as well as online profiles.

We process – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – personal data about applicants, in particular in accordance with Article 9 (2) (b) GDPR.

5. Personal data abroad

We generally process personal data in Switzerland and the European Economic Area (EEA). However, we can 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 states and territories on earth and elsewhere in the universe, provided that the local law ensures adequate data protection in accordance with a decision of the Swiss Federal Council and - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - in accordance with a decision of the European Commission adequate data protection is guaranteed.

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 with other appropriate guarantees.

As an exception, we can export personal data to countries without adequate or suitable 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 execution of a contract. Upon request, we will be happy to provide affected persons with information about any guarantees or provide a copy of any guarantees.

6. Rights of data subjects

6.1 Data protection claims
We grant data subjects all claims in accordance with applicable data protection law. Data subjects have the following rights in particular:

Information: Data subjects can request information as to whether we process personal data about them and, if so, what personal data is involved. Affected persons also receive the information necessary to assert their data protection claims and to ensure transparency. This includes the processed personal data as such, but also, among other things, 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: Data subjects can correct incorrect personal data, complete incomplete data and have the processing of their data restricted.
  • Deletion and objection: Data subjects can have their personal data deleted (“right to be forgotten”) and object to the processing of their data with effect for the future.
  • Data release and data transfer: Affected persons can request the release of personal data or the transfer of their data to another person responsible.

We may delay, limit, or refuse to exercise data subject rights to the extent permitted by law. We can inform affected persons of any requirements that need to be met in order to exercise their data protection rights. For example, we can refuse to provide information in whole or in part with reference to business secrets or the protection of other persons. For example, we can also refuse to delete personal data in whole or in part with reference to legal retention requirements.

We may, in exceptional circumstances, impose costs for the exercise of the rights. We will inform those affected in advance about any costs.

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

6.2 Right to Complaint
Affected persons have the right to enforce their data protection claims through legal action or to lodge a complaint with a responsible data protection supervisory authority.

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

If and to the extent that the General Data Protection Regulation (GDPR) is applicable, data subjects have the right to lodge a complaint with a responsible European data protection supervisory authority.

7. Data security

We take appropriate technical and organizational measures to ensure data security that is appropriate to the respective risk. However, we cannot guarantee absolute data security.

Our website is accessed using transport encryption (SSL / TLS, in particular the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers mark transport encryption with a padlock in the address bar.

Our digital communication is - like basically all digital communication - subject to mass surveillance without cause or suspicion as well as other monitoring by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We cannot have any direct influence on the appropriate processing of personal data by secret services, police departments and other security authorities.

8. Use of the Website

8
.1 Cookies
We may use cookies. Cookies – our own cookies (first-party cookies) and 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 text-based cookies.

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. In particular, cookies make it possible to recognize a browser the next time you visit our website and thereby, for example, measure the reach of our website. Permanent cookies can also be used for online marketing, for example.

Cookies can be completely or partially deactivated and deleted in the browser settings at any time. Without cookies, our website may no longer be fully available. We actively request – at least if and to the extent necessary – your express consent to the use of cookies.

For cookies that are used to measure success and reach or for advertising, there is a general objection (“opt-out”) for numerous services via AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

8.2 Server log files
We may collect the following information for each access to our website, provided that it 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 accessed including amount of data transferred, last website accessed in the same browser window (referrer).

We store such information, which can also represent personal data, in server log files. The information is necessary in order to provide our website permanently, in a user-friendly and reliable manner, and in order to ensure data security and therefore in particular the protection of personal data - also by third parties or with the help of third parties.

8.3 Tracking pixels
We may use web beacons on our website. Tracking pixels are also known as web beacons. Web beacons - including those from third parties whose services we use - are small, usually invisible images that are automatically retrieved when you visit our website. Web beacons can be used to collect the same information as server log files.

9. Notifications and Communications

We send notifications and communications via email and other communication channels such as instant messaging or SMS.

9.1 Success and reach measurement
Notifications and messages may contain web links or web beacons that record whether an individual message was opened and which web links were clicked. Such web links and web beacons can also record the use of notifications and messages on a personal basis. We need this statistical recording of usage to measure success and reach in order to be able to send notifications and messages based on the needs and reading habits of the recipients effectively and user-friendly as well as permanently, securely and reliably.

9.2 Consent and objection
In principle, you must expressly consent to the use of your email address and your other contact addresses, unless the use is permitted for other legal reasons. If possible, we use the “double opt-in” procedure to obtain consent, which means that you will receive an email with a web link that you must click on to confirm so that there is no misuse by unauthorized third parties. We may log such consent, including the Internet Protocol (IP) address and date and time, for evidentiary and security reasons.

In principle, you can object to receiving notifications and communications such as newsletters at any time. With such an objection, you can also object to the statistical recording of usage for success and reach measurement. Necessary notifications and communications in connection with our activities and operations remain reserved.

9.3 Notification and communication service providers

We send notifications and communications using specialized service providers.

We particularly use:


10. Social media

We are present on social media platforms and other online platforms in order to be able to communicate with interested parties and provide information about our activities and activities. In connection with such platforms, personal data can also be processed outside Switzerland and the European Economic Area (EEA).

The General Terms and Conditions (GTC) and terms of use as well as data protection declarations 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, which includes, for example, the right to information.

We are jointly responsible with Meta Platforms Ireland Limited (Ireland) for our social media presence on Facebook, including so-called page insights, if and to the extent that the General Data Protection Regulation (GDPR) is applicable. Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). The page insights provide information about how visitors interact with our Facebook presence. We use page insights to provide our social media presence on Facebook in an effective and user-friendly manner.

Further information about the type, scope and purpose of data processing, information about the rights of data subjects as well as the contact details of Facebook and Facebook's data protection officer can be found in Facebook's data protection declaration. We have concluded the so-called Addition for Controllers with Facebook and in particular agreed that Facebook is responsible for ensuring the rights of data subjects. For the so-called Page Insights, the relevant information can be found on the page Information about Page Insights including Information about Page Insights data”.

11. Third Party Services

We use services from specialized third parties in order to be able to carry out our activities in a permanent, user-friendly, safe and reliable manner. Such services allow us, among other things, to embed functions and content into our website. With such embedding, the services used record the Internet Protocol (IP) addresses of the users at least temporarily for technically compelling reasons.

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

We particularly use:


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

We particularly use:


11.2 Contact options
We use services from selected providers to be able to communicate better with third parties such as potential and existing customers.

11.3 Scheduling

We use services from specialized third parties to be able to arrange appointments online, for example for meetings. In addition to this data protection declaration, any directly visible conditions of the services used, such as terms of use or data protection declarations, also apply.

11.4 Audio and video conferences
We use specialized audio and video conferencing services to communicate online. For example, we can use it to hold virtual meetings or conduct online classes and webinars. The legal texts of the individual services such as data protection declarations and terms of use also apply to participation in audio and video conferences.

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

We particularly use:


11.5 Online collaboration
We use third party services to enable online collaboration. In addition to this data protection declaration, any directly visible conditions of the services used, such as terms of use or data protection declarations, also apply.

11.6 Social media features and social media content
We use third-party services and plugins to embed functions and content from social media platforms and to enable sharing of content on social media platforms and other ways.

We particularly use:


11.7 Advertising
We use the opportunity to display targeted advertising for our activities and activities on third parties such as social media platforms and search engines.

With such advertising, we particularly want to reach people who are already interested in our activities and operations or who could be interested in them (remarketing and targeting). To do this, we can transmit relevant information - possibly including personal information - to third parties who enable such advertising. We can also determine whether our advertising is successful, i.e. in particular whether it leads to visits to our website (conversion tracking).

Third parties with whom we advertise and where you are registered as a user may be able to assign the use of our website to your profile there.

We particularly use:


12.
Extensions for the website

We use extensions for our website to enable additional functions.

We particularly use:


13.
Success and reach measurement

We try to determine how our online offering is used. In this context, we can, for example, measure the success and reach of our activities and activities as well as the effect of third-party links to our website. For example, we can also try out and compare how different parts or versions of our online offering are used (“A/B test” method). Based on the results of the success and reach measurement, we can in particular fix errors, strengthen popular content or make improvements to our online offering.

In most cases, the Internet Protocol (IP) addresses of individual users are stored to measure success and reach. In this case, IP addresses are generally shortened (“IP masking”) in order to follow the principle of data economy through the corresponding pseudonymization.

Cookies can be used to measure success and reach, and user profiles can be created. Any user profiles created include, for example, the individual pages visited or content viewed on our website, information about the size of the screen or browser window and the - at least approximate - location. In principle, any user profiles are only created pseudonymously and are not used to identify individual users. Individual third-party services with which users are registered can assign the use of our online offer to the user account or user profile for the respective service.

We particularly use:


14. Video surveillance

We use video surveillance to prevent crimes and to preserve evidence in the event of crimes as well as to exercise our domestic rights. These are – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – overriding legitimate interests in accordance with Article 6 (1) (f) GDPR.

We store recordings from our video surveillance for as long as they are necessary to preserve evidence.

We can secure recordings due to legal obligations, to enforce our own legal claims and in the event of suspicion of criminal offenses and transmit them to the responsible authorities, in particular court or law enforcement authorities.

15. Final provisions

We created this data protection declaration using the data protection generator from Data Protection Partner.

We can adapt and supplement this data protection declaration at any time. We will provide information about such adjustments and additions in an appropriate form, in particular by publishing the current data protection declaration on our website.