Privacy Policy

With this privacy policy, we provide information about the processing of personal data in connection with our activities and operations, including our website at the domain name charleshofer.ch. In particular, we explain which personal data we process for which purpose, in which manner and in which place. We also provide information about the rights of persons whose data we process.

We have drafted this privacy policy in German. In the event of publication in another language, the German-language privacy policy remains authoritative.

For individual or additional activities and operations, we may publish further privacy policies or other information on data protection.

1. Contact addresses

The controller within the meaning of data protection law is:

Charles Hofer SA
Route des Monnaires 19
1660 Château-d’Oex

info@charleshofer.ch

In individual cases, third parties may be responsible for the processing of personal data, or there may be joint responsi­bility with third parties. We are happy to provide data subjects with information about the respective responsi­bility upon request.

2. Terms and legal bases

2.1 Terms

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

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

Sensitive personal data: Data on trade union, political, religious or philosophical views and activities, data on health, the intimate sphere or membership of an ethnic group or race, genetic data, biometric data that uniquely identify a natural person, data on criminal and administrative sanctions or prosecutions, and data on social assistance measures.

Processing: Any handling of personal data, irrespective of the means and procedures applied, for example the retrieval, comparison, adaptation, archiving, storage, reading, disclosure, obtaining, recording, collection, deletion, disclosure, arrangement, organisation, saving, alteration, dissemination, linking, destruction and use of personal data.

2.2 Legal bases

We process personal data in accordance with Swiss law, in particular the Federal Act on Data Protection (Data Protection Act, FADP) and the Ordinance on Data Protection (Data Protection Ordinance, DPO).

3. Nature, scope and purpose of the processing of personal data

We process those personal data that are necessary in order to carry out our activities and operations in a durable, user-friendly, secure and reliable manner. The processed personal data may in particular fall into the categories of 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. The personal data may furthermore constitute sensitive personal 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, provided that such processing is permissible.

Where necessary, we process personal data with the consent of the data subjects. In many cases, we may process personal data without consent, for example in order to comply with legal obligations or to safeguard overriding interests. We may also ask data subjects for their consent even where their consent is not required.

We process personal data for the period that is necessary for the respective purpose. We anonymise or delete personal data in particular depending on statutory retention periods and limitation periods.

4. Auto­mation and Artificial Intelli­gence (AI)

We may process personal data in an automated manner or use Artificial Intelli­gence for the processing of personal data.

We may use profiling in order to evaluate certain personal aspects relating to data subjects in an automated manner. Profiling serves, for example, to analyse or predict interests, behaviour or personal preferences.

We provide information in individual cases about decisions that are based exclusively on automated processing of personal data and that entail a legal consequence for the data subjects or significantly affect them (automated individual decisions).

5. Disclosure of personal data

We may disclose personal data to third parties, have them processed by third parties or process them jointly with third parties. Such third parties may, for example, be specialised providers whose services we use. Such third parties may in turn disclose personal data to third parties.

In the course of our activities and operations, we may in particular disclose personal data to banks and other financial service providers, authorities, educational and research institutions, consultants and lawyers, accounting and fiduciary service providers, debt collection companies, interest groups, IT service providers, cooperation partners, credit and business information agencies, logistics and shipping companies, marketing and advertising agencies, media, parent, sister and subsidiary companies, organisations and associations, social institutions, tele­communications companies, insurers and payment service providers.

6. Communication

We process personal data in order to be able to communicate with individuals as well as with authorities, organisations and companies. In doing so, we process in particular data that a data subject transmits to us when contacting us, for example by postal mail or e-mail. We may store such data in an address book or with comparable tools.

Third parties who transmit data about other persons to us are legally obliged to ensure the data protection of these data subjects independently. In particular, they must guarantee that they are permitted to transmit such data, and they must also ensure the accuracy of the transmitted data.

We use selected services from suitable providers in order to enable and improve communi­cation with individuals and other communication partners. With such services, we may also manage and otherwise process the data of the data subjects beyond direct communi­cation, for example in connection with orders, services, projects and resource planning.

7. Data security

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

Access to our website and our other digital presence takes place by means of transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers warn before visiting a website without transport encryption.

Our digital communication is subject – as is generally all digital communication – to mass surveillance without cause or suspicion by security authorities in Switzerland, in the rest of Europe, in the United States of America (USA) and in other countries. We cannot exert any direct influence on the corresponding processing of personal data by intelligence services, police authorities and other security authorities. Nor can we rule out that a data subject is subject to targeted surveillance.

8. Personal data abroad

We generally process personal data in Switzerland. However, we may also disclose or export personal data to other countries, in particular in order to process them there or have them processed there.

We may disclose personal data to all countries on Earth and elsewhere in the universe, provided that the law there ensures an adequate level of data protection in accordance with a decision of the Swiss Federal Council.

We may disclose personal data to countries whose law does not ensure an adequate level of data protection, provided that suitable data protection is ensured for other reasons, in particular on the basis of standard data protection clauses or with other suitable safeguards. Exceptionally, we may export personal data to countries without adequate or suitable data protection if the special data protection requirements for doing so are met, for example the express consent of the data subjects or a direct connection with the conclusion or performance of a contract. We are happy to provide data subjects with information about any safeguards upon request, or to supply a copy of such safeguards.

9. Rights of data subjects

9.1 Data protection rights

We grant data subjects all rights under applicable law. Data subjects have in particular the following rights:

  • Information: Data subjects may request information as to whether we process personal data about them and, if so, which personal data are concerned. Data subjects also receive that infor­mation which is necessary in order to assert their data protection rights and to ensure trans­parency. This includes the processed personal data as such, but among other things also details of the purpose of processing, the retention period, any disclosure or export of data to other countries and the origin of the personal data.
  • Rectification and restriction: Data subjects may have inaccurate personal data rectified, incomplete data completed and the processing of their data restricted.
  • Opportunity to state their own position and human review: In the case of decisions that are based exclusively on automated processing of personal data and that entail a legal consequence for them or significantly affect them (automated individual decisions), data subjects may state their own position and request a review by a human being.
  • Erasure and objection: Data subjects may have personal data erased («right to be forgotten») and may object to the processing of their data with effect for the future.
  • Release and transfer of data: Data subjects may request the release of personal data or the transfer of their data to another controller.

We may postpone, restrict or refuse the exercise of the rights of data subjects within the legally permissible scope. We may inform data subjects of any conditions that must be met in order to exercise their data protection rights. For example, we may refuse to provide information in whole or in part with reference to confidentiality obligations, overriding interests or the protection of other persons. For example, we may also refuse the erasure of personal data in whole or in part, in particular with reference to statutory retention obligations.

We may exceptionally charge costs for the exercise of these rights. We inform data subjects in advance of any such costs.

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

9.2 Legal protection

Data subjects have the right to enforce their data protection rights through legal proceedings or to file a report or complaint with a data protection supervisory authority.

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

10. Use of the website

10.1 Cookies

We may use cookies. Cookies – both our own cookies (first-party cookies) and cookies of 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 cookies in text form.

Cookies may be stored in the browser temporarily as «session cookies» or for a specific period as so-called permanent cookies. «Session cookies» are deleted automatically when the browser is closed. Permanent cookies have a specific storage period. In particular, cookies make it possible to recognise a browser on the next visit to our website and thereby, for example, to measure the reach of our website. However, permanent cookies may also be used, for example, for online marketing.

Cookies may be disabled, restricted or deleted in whole or in part at any time in the browser settings. The browser settings often also allow automated deletion and other management of cookies. Without cookies, our website may no longer be available in full. We actively request – at least if and to the extent required under applicable law – express consent to the use of cookies.

For cookies that are used for measuring success and reach or for advertising, a general objection («opt-out») is possible 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).

10.2 Logging

For every access to our website and our other digital presence, we may log at least the following details, provided that they are determined or transmitted to our digital infrastructure by default in the case of 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, the individual sub-page of our website accessed including the volume of data transferred, the web page last accessed in the same browser window (referer or referrer).

We log such details, which may also constitute personal data, in log files. These details are necessary in order to be able to provide our digital presence in a durable, user-friendly and reliable manner. The details are furthermore necessary in order to be able to ensure data security – also by third parties or with the help of third parties.

10.3 Tracking pixels

We may integrate tracking pixels into our digital presence. Tracking pixels are also referred to as web beacons. Tracking pixels – including those of third parties whose services we use – are usually small, invisible images or scripts written in JavaScript that are retrieved automatically when our digital presence is accessed. With tracking pixels, at least the same details can be recorded as with logging in log files.

11. Notifications and messages

11.1 Measurement of success and reach

Notifications and messages may contain web links or tracking pixels that record whether an individual message has been opened and which web links have been clicked in the process. Such web links and tracking pixels may also record the use of notifications and messages in a personally identifiable manner. We need this statistical recording of usage for the measurement of success and reach in order to be able to send notifications and messages effectively and in a user-friendly as well as durable, secure and reliable manner, based on the needs and reading habits of the recipients.

11.2 Consent and objection

You must generally consent to the use of your e-mail address and your other contact addresses, unless the use is permissible for other legal reasons. For obtaining any double-confirmed consent, we may use the «double opt-in» procedure. In this case, you will receive a message with instructions for the double confirmation. For reasons of evidence and security, we may log consents obtained, including IP address and time stamp.

You may generally object at any time to receiving notifications and messages such as newsletters. With such an objection, you may at the same time object to the statistical recording of usage for the measurement of success and reach. Necessary notifications and messages in connection with our activities and operations remain reserved.

11.3 Service providers for notifications and messages

We send notifications and messages with the help of specialised service providers.

In particular, we use:

12. Social media

We are present on social media platforms and other online platforms in order to be able to communicate with interested persons and to provide information about our activities and operations. In connection with such platforms, personal data may also be processed outside Switzerland.

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 in each case. These provisions provide information in particular about the rights of data subjects directly vis-à-vis the respective platform, which include, for example, the right to information.

13. Third-party services

We use services of specialised third parties in order to be able to carry out our activities and operations in a durable, user-friendly, secure and reliable manner. With such services, we can, among other things, embed functions and content into our website. In the case of such embedding, the services used record the IP addresses of 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 in connection with our activities and operations in aggregated, anonymised or pseudonymised form. This concerns, for example, performance or usage data required in order to be able to provide the respective service.

In particular, we use:

13.1 Digital infrastructure

We use services of specialised third parties in order to be able to make use of the digital infrastructure required in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers.

In particular, we use:

13.2 Appointment scheduling

We use services of specialised third parties in order to be able to arrange appointments online, for example for meetings. In addition to this privacy policy, any directly visible terms of the services used, such as terms of use or privacy policies, also apply in each case.

13.3 Audio and video conferences

We use specialised services for audio and video conferences in order to be able to communicate online. This allows us, for example, to hold virtual meetings or to conduct online lessons and webinars. For participation in audio and video conferences, the legal texts of the individual services, such as privacy policies and terms of use, apply in addition.

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

13.4 Online collaboration

We use services of third parties in order to enable online collaboration. In addition to this privacy policy, any directly visible terms of the services used, such as terms of use or privacy policies, also apply in each case.

In particular, we use:

13.5 Social media functions and social media content

We use services and plugins of third parties in order to be able to embed functions and content from social media platforms as well as to enable the sharing of content on social media platforms and in other ways.

In particular, we use:

13.6 Digital content

We use services of specialised third parties in order to be able to integrate digital content into our website. Digital content includes in particular image and video material, music and podcasts.

In particular, we use:

13.7 Documents

We use services of third parties in order to be able to integrate documents into our website. Such documents may include PDF files, presentations, spreadsheets and text documents. This allows us to enable not only the viewing but also the editing or commenting of such documents.

In particular, we use:

  • Issuu: digital documents and electronic publications; provider: Issuu Inc. (USA); data protection information: privacy policy.
  • Yumpu: digital documents and electronic publications; provider: i-Magazine AG (Switzerland); data protection information: privacy policy, cookie policy.

13.8 Fonts

We use services of third parties in order to be able to embed selected fonts as well as icons, logos and symbols into our website.

In particular, we use:

13.9 E-commerce

We operate e-commerce and use services of third parties in order to be able to offer services, content or goods successfully.

In particular, we use:

13.10 Payments

We use specialised service providers in order to be able to process payments securely and reliably. For the processing of payments, the legal texts of the individual service providers apply in addition, for example general terms and conditions (GTC) or privacy policies.

14. Extensions for the website

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

In particular, we use:

  • CleanTalk: protection of websites against unwanted advertising by bots, in particular on the basis of lists of suspicious e-mail addresses or IP addresses; provider: CleanTalk Inc. (USA); data protection information: privacy policy.
  • ShortPixel: hosting and optimisation of images; provider: ID SCOUT SRL (Romania); data protection information: privacy policy, «Legal & Privacy».

15. Measurement of success and reach

We seek to measure the success and reach of our activities and operations. In this context, we may also measure the effect of references by third parties or examine how different parts or versions of our digital presence are used («A/B test» method). Based on the results of the measurement of success and reach, we can in particular fix errors, strengthen popular content or make improvements.

For the measurement of success and reach, the IP addresses of individual users are recorded in most cases. In this case, IP addresses are generally truncated («IP masking») in order to follow the principle of data minimisation through the corresponding pseudonymisation.

In the measurement of success and reach, cookies may be used and user profiles may be created. Any user profiles created include, for example, the individual pages visited or content viewed on our digital presence, details of the size of the screen or of the browser window and the – at least approximate – location. In principle, any user profiles are created exclusively in pseudonymised form and are not used for the identification of individual users. Individual third-party services in which users are logged in may possibly assign the use of our online offering to the user account or user profile with the respective service.

In particular, we use:

16. Final notes on the privacy policy

We created this privacy policy with the privacy policy generator by Datenschutzpartner.

We may update this privacy policy at any time. We provide information about updates by publishing the respective current privacy policy on our website.

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