1. Scope

This Data Protection Statement concerns the handling of personal data of customers, visitors to our website and other interested persons (the “data subjects”) by Berta Kommunikationsplan AG, Josefstrasse 212, 8005 Zurich.

Swiss data protection law (Federal Act on Data Protection, FADP) applies. Any additional applicable law under the EU General Data Protection Regulation (GDPR) is specifically pointed out. Please note that the existence and scope of your rights may vary depending on the data protection law applicable to the specific case.

We note that this data protection statement may be subject to adjustments from time to time.

2. Purpose and Legal Basis of Data Processing

We process your personal data on various legal bases and for various purposes:

• For the secure and stable operation of this website. This is in our legitimate interest. For the use of analytics software, cookies as well as third-party services and content, see sections 3, 4 and 5 below (legal basis under the GDPR: Art. 6(1)(f) GDPR);

• For the provision of services within the scope of contractual relationships and/or for the initiation of such contractual relationships, and for the exercise of all associated rights and the fulfilment of the corresponding obligations (legal basis under the GDPR: Art. 6(1)(b) GDPR);

• For contacting you in response to your request. This is based on your consent and/or may serve to initiate contractual relationships (legal bases under the GDPR: Art. 6(1)(a) or Art. 6(1)(b) GDPR);

• For marketing measures, in particular for sending newsletters. This is in our legitimate interest (legal basis under the GDPR: Art. 6(1)(f) GDPR). Depending on the marketing measure and the applicable law, separate consent may be obtained where required (legal basis under the GDPR: Art. 6(1)(a) GDPR);

• For accounting and archiving in accordance with applicable law, as well as for compliance with further legal requirements (legal basis under the GDPR: Art. 6(1)(c) GDPR and, where applicable, Art. 6(1)(f) GDPR).

3. Analytics Software

3.1 Google Analytics

Our website uses the web analytics service Google Analytics of Google Inc., USA. Google Analytics uses cookies (see section 4 Cookies). These allow Google to analyse the use of our website offering, including IP addresses, in the USA.

We note that Google Analytics has been extended on this website by the code “gat._anonymizeIp();” in order to ensure an anonymised collection of IP addresses (so-called IP masking). If anonymisation is active, Google shortens IP addresses within Member States of the European Union or in other contracting states of the Agreement on the European Economic Area, so that no conclusions can be drawn about your identity. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there.

Google observes the data protection provisions of the “Swiss-USA Privacy Shield” agreement and thus has an adequate level of data protection. Google uses the information collected to evaluate the use of our websites on our behalf, to compile reports for us in this regard and to provide other related services to us.

You can find out more at http://www.google.com/intl/de/analytics/privacyoverview.html, in particular also regarding the option to deactivate Google Analytics at http://tools.google.com/dlpage/gaoptout?hl=de.

The use of Google Analytics is in our legitimate interest in operating and improving our services (legal basis under the GDPR: Art. 6(1)(f) GDPR).

3.2 Facebook Analytics

Our website uses the web analytics service Facebook Analytics of Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or in the EU Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. Facebook Analytics uses cookies (see section 4 Cookies). These allow Facebook to analyse the use of our website offering, including IP addresses, in the USA.

We note that we use Facebook Analytics in connection with the IP anonymisation function. If anonymisation is active, Facebook shortens IP addresses within Member States of the European Union or in other contracting states of the Agreement on the European Economic Area, so that no conclusions can be drawn about your identity. Only in exceptional cases will the full IP address be transferred to a Facebook server in the USA and shortened there.

Facebook observes the data protection provisions of the “Swiss-USA Privacy Shield” agreement and thus has an adequate level of data protection. Facebook uses the information collected to evaluate the use of our websites on our behalf, to compile reports for us in this regard and to provide other related services to us. You can find out more at https://analytics.facebook.com/.

The use of Facebook Analytics is in our legitimate interest in operating and improving our services (legal basis under the GDPR: Art. 6(1)(f) GDPR).

4. Cookies

We also use cookies on our website (session cookies as well as temporary and permanent cookies). These are small files that your browser automatically creates and that are stored on your device (laptop, tablet, smartphone etc.) when you visit our website. A cookie does not in every case mean that we can identify you.

The use of cookies serves, on the one hand, to record the frequency of use, number of users and patterns of behaviour on our website, to increase the security of website use and to make our information offering more user-friendly. As soon as you leave the website, these cookies are automatically deleted.

In addition, we also use temporary cookies to optimise user-friendliness, which are stored on your device for a certain specified period of time. If you visit our website again to use our services, it will automatically be recognised that you have been with us before and which entries and settings you made, so that you do not have to enter them again.

The use of cookies serves in particular the user-friendly and stable operation of the website and enables us to improve our services. This constitutes a legitimate interest.

You can configure your browser settings so that no cookies are stored on your computer. Fully disabling cookies may mean that you cannot use all functions of our website.

By continuing to use our website and/or by agreeing to this data protection statement, you consent to cookies being set by us and to personal usage data being collected, stored and used, including beyond the end of the browser session. You may withdraw this consent at any time by activating the browser setting to refuse third-party cookies.

5. Integration of Third-Party Services and Content

5.1 Facebook

Our website uses plug-ins of the social network Facebook, which is offered by Facebook Inc. The Facebook plug-ins are marked with a Facebook logo or the addition “Like” or “Share”. An overview of the Facebook plug-ins and their appearance can be found at https://developers.facebook.com/docs/plugins.

When you access a page of our website that contains such a plug-in, your browser establishes a direct connection to Facebook’s servers. The content of the plug-in is transmitted by Facebook directly to your browser and integrated into the page.

Through this integration, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook profile or are not currently logged in to Facebook. This information (including your IP address) is transmitted by your browser directly to a Facebook server in the USA and stored there.

If you are logged in to Facebook, Facebook can immediately associate your visit to our website with your Facebook profile. If you interact with the plug-ins, for example by pressing the “Like” button, this information is also transmitted directly to a Facebook server and stored there. The information is also published on your Facebook profile and displayed to your Facebook friends.

The purpose and scope of data collection and the further processing and use of the data by Facebook as well as your rights and settings options for protecting your privacy can be found in Facebook’s data protection notices: http://www.facebook.com/policy.php.

5.2 Vimeo

For the integration and display of video content, our website uses plug-ins from Vimeo, LLC, 555 West 18th Street, New York, New York 10011, USA. When you access a page with an integrated Vimeo plug-in, a connection to Vimeo’s servers in the USA is established. Vimeo thereby receives information about which of our pages you have accessed.

Vimeo can directly associate your browsing behaviour with your personal profile if you are logged into your Vimeo account. You can prevent this by logging out beforehand. Details on the handling of user data can be found in Vimeo’s privacy policy at: https://vimeo.com/privacy.

5.3 YouTube

For the integration and display of video content, our website uses plug-ins from YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. When you access a page with an integrated YouTube plug-in, a connection to YouTube’s servers in the USA is established. YouTube thereby receives information about which of our pages you have accessed.

YouTube can directly associate your browsing behaviour with your personal profile if you are logged into your YouTube account. You can prevent this by logging out beforehand. Details on the handling of user data can be found in YouTube’s privacy policy at: https://policies.google.com/privacy?hl=de&gl=de.

5.4 Google Maps

Our website uses Google Maps services (e.g. in-screen or via interfaces / API). Google LLC, USA, may therefore process information about your actual location. Google uses various technologies to determine location, such as IP addresses, GPS and other sensors which, for example, provide Google with information about nearby devices, Wi-Fi access points or mobile network towers.

The purpose and scope of data collection and the further processing and use of the data by Google as well as your rights and settings options for protecting your privacy can be found in Google’s data protection notices at https://policies.google.com/privacy?hl=de&gl=de.

5.5 Google Web Fonts

Our website uses Google Web Fonts for the display of fonts, offered by Google Inc. These web fonts are integrated via a server request, usually a server operated by Google in the USA. This transmits to the server which of our web pages you have visited. Google also stores the IP address of the browser on the visitor’s device used to access those web pages.

Further information can be found at: https://fonts.google.com/about and https://developers.google.com/fonts/faq/privacy.

5.6 Purpose and Legal Basis

The integration of third-party services and content is carried out in the interest of an attractive presentation of our online offering. This constitutes a legitimate interest within the meaning of Art. 6(1)(f) GDPR.

We are happy to provide information on the integration of any further services and content that may apply.

6. Further Recipients of Your Data

Your personal data is not transmitted to third parties for purposes other than those listed.

However, the involvement of data processors is possible, in particular in connection with the use of external IT service providers. Such data processors carry out the respective data processing exclusively on our behalf. They are bound by the same data protection provisions as we are.

7. Rights of Data Subjects

In connection with the processing of personal data, data subjects have the following rights by law. Please note that their existence and scope may differ depending on the data protection legislation applicable in the specific case:

• Information: Data subjects have the right to obtain information from us as to whether personal data concerning them is being processed and, if so, which personal data. Requests for information may be submitted for this purpose.

• Rectification: If personal data is inaccurate, data subjects have a legal right to have it corrected.

• Objection: If the processing of personal data is based on our legitimate interest, data subjects may object to the processing of their personal data. However, this is only possible if they are in such a particular situation that their personal interest outweighs the processing of their personal data. Mandatory overriding reasons remain reserved. Please also note that data subjects may object to the use of their personal data for direct marketing. Processing based on other legal grounds remains unaffected by such objection.

• Withdrawal of consent: If processing is based on the consent of the data subject, the data subject may withdraw it. Processing based on other legal grounds remains unaffected. Withdrawal applies only for the future.

• Restriction: Under certain conditions, the data subject may request restriction of the processing of their personal data, for example if the accuracy of the data is disputed. Please note that, depending on the circumstances, this may restrict or even make it impossible to provide services.

• Data portability: Where provided by law, the data subject may request personal data that they have provided to us in a commonly used and machine-readable format and – subject to overriding opposing interests – reuse it.

• Erasure: The data subject has a legal right to the erasure of their personal data if such data is no longer required for the purpose for which it was collected, or in the event of a justified objection or withdrawal of consent. The use for legally required reasons as well as for the establishment, exercise and defence of legal claims remains reserved in any case.

• Complaint: We also inform you that data subjects may, depending on the applicable data protection law, have a legal right to lodge a complaint with the competent data protection authority if they do not agree with how their personal data is handled.

8. Place of Data Processing

Data processing by Berta Kommunikationsplan AG generally takes place in Switzerland. Cross-border disclosure of personal data from Switzerland abroad is possible. Disclosure is made to countries that provide an equivalent standard of data protection, based on appropriate data protection safeguards or based on the consent of the data subject.

If you have any questions in this regard, we will be happy to assist you.

9. Retention Period for Personal Data

Personal data of data subjects is retained for as long as is necessary to fulfil the purposes for which it was collected or for as long as we have a legitimate interest in retaining it. Statutory retention obligations remain reserved.

10. Contact

For enquiries relating to the processing of personal data and for exercising rights, we are happy to assist data subjects: info@bertakomm.ch.

We endeavour to process incoming enquiries promptly.