1 General information
1.1 Scope of application
1.2 Legal basis
The PLÜSS LAW website is subject to Swiss data protection law. Depending on the type of personal data processing, European data protection law (Regulation (EU) 2016/679 (Basic Data Protection Regulation, GDPR)) may also or exclusively apply in addition to the applicable Swiss law (Federal Act on Data Protection Act (FADP) of 19 June 1992, SR 235.1).
1.3 Contact details of the data protection contact person
Dr. iur. Martina Plüss
PLÜSS LAW | Fischmarkt 13 | PO Box | CH-6301 Zug
1.4 Contact details of the Swiss supervisory authority
Federal Data Protection and Information Commissioner
Feldeggweg 1 | CH-3003 Bern
Phone +41 58 462 43 95
2 Data security
PLÜSS LAW takes reasonable measures to ensure that your personal data cannot be accessed or stolen by third parties without your permission. In particular, PLÜSS LAW uses technical measures (e.g. SSL encryption, password protection, etc.) to ensure that only authorized persons have access to this data.
Nevertheless, I would like to point out that despite all the measures taken, data transmission over the Internet may be subject to security gaps (e.g. when communicating by e-mail) and therefore complete protection of data against access by third parties cannot be guaranteed in every case.
Access to the PLÜSS LAW website is carried out using transport encryption (SSL/TLS), but is also subject – as is all Internet use – to general mass surveillance by security authorities in Switzerland, the EU, the USA and other countries, regardless of whether there is any suspicion of fraud. PLÜSS LAW has no direct influence on the corresponding processing of personal data.
3 Processing of personal data
Personal data is all information that relates to an identified or identifiable person. Processing includes any handling of personal data, irrespective of the means and procedures used, in particular the storage, disclosure, acquisition, deletion, storage, modification, destruction and use of personal data. PLÜSS LAW processes personal data in accordance with the applicable legal requirements (see above).
3.1 Data processing within the scope of the GDPR in general
To the extent and insofar as the GDPR is applicable, PLÜSS LAW processes personal data on the basis of at least one of the following provisions:
- Art. 6 para. 1 letter a GDPR for the processing of personal data with the consent of the data subject.
- Art. 6 para. 1 lit. b GDPR for the processing of personal data necessary for the performance of a contract with the data subject and for the implementation of appropriate pre-contractual measures.
- Art. 6 para. 1 letter c GDPR for the processing of personal data necessary for the fulfilment of a legal obligation to which PLÜSS LAW is subject under any applicable law of the EU or under the law of any country in which the GDPR is applicable in whole or in part.
- Art. 6 para. 1 letter d GDPR for the processing of personal data necessary to protect the vital interests of the data subject or another natural person.
- Art. 6 para. 1 letter f GDPR for the processing of personal data necessary to safeguard the legitimate interests of PLÜSS LAW or of third parties, unless the fundamental freedoms, fundamental rights and interests of the data subject prevail. Legitimate interests include in particular PLÜSS LAW's commercial interest in being able to provide the website, information security, the enforcement of its own legal claims and compliance with Swiss law.
3.2 Website visit (server log files)
When you visit the PLÜSS LAW website (www.pluess-law.ch), the hosting provider automatically collects and stores information that your browser sends without your intervention in so-called server log files.
This includes in particular the following information, which is stored until it is automatically deleted:
- IP address of the requesting computer,
- browser type and version,
- the operating system used,
- name and URL of the retrieved file
- referrer URL (website from which access is made),
- date and time of the server request.
The primary purpose of this data collection is to ensure smooth connection establishment and convenient use of the PLÜSS LAW website and to enable evaluations with regard to system security and stability – especially with regard to combating misuse such as identity theft and spam.
This data processing is based on Art. 13 para. 1 FADP and Art. 6 para. 1 sentence 1 lit. f GDPR (the legal basis is the overriding private interest of PLÜSS LAW).
3.3 Contact form
You have the possibility to send me your concerns via the contact form provided on the website. PLÜSS LAW stores the information that you enter yourself.
This data is used for the purpose of processing your request, answering your inquiry and contacting you. The legal basis for this is formed by contractual or pre-contractual measures in accordance with Art. 13 para. 2 letter a FADP and Art. 6 para. 1 sentence 1 letter b GDPR.
The creation of a cookie is a way of temporarily storing data and serves PLÜSS LAW to statistically record and evaluate the use of its website in order to make its offer more user-friendly, effective and secure.
The most frequently used cookies are so-called session cookies, which are automatically deleted after your visit. Other cookies remain stored on your end device until you delete them. These cookies make it possible to recognize you as a visitor on your next visit and thus offer you a better visitor experience.
However, you can set your browser to inform you when cookies are set. You can also allow or generally exclude cookies specifically and only in individual cases. You can also set your browser so that cookies are automatically deleted when you close the browser window. Complete deactivation of cookies may mean that you will not be able to use all functions of the PLÜSS LAW website.
Data processing using cookies is carried out to protect the legitimate interests of PLÜSS LAW in accordance with Art. 13 Para. 1 FADP and Art. 6 Para. 1 S. 1 lit. f GDPR.
3.5 Google Analytics
Google will use the information collected to evaluate your use of the website for PLÜSS LAW, to compile reports on website activity, to prepare reports for PLÜSS LAW in this regard and to provide other related services to PLÜSS LAW. This data processing is carried out on the basis of overriding private interests in accordance with Art. 13 para. 1 FADP and Art. 6 para. 1 sentence 1 letter f GDPR.
By using the PLÜSS LAW website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Further information on Google's use of data, setting and objection options can be found on Google's website: www.google.com/intl/de/policies/privacy/partners/ ("Data use by Google when you use websites or apps of our partners"), www.google.com/policies/technologies/ads ("Data use for advertising purposes"), www.google.de/settings/ads ("Manage information that Google uses to show you advertisements") and www.google.com/ads/preferences/ ("Determine which advertisements Google shows you").
3.6 Integration of third party services and content
It is possible that third-party content, such as videos from YouTube, map material from Google Maps, RSS feeds or graphics from other websites may be integrated into the PLÜSS LAW website. This always presupposes that the providers of such content (hereinafter referred to as "third-party providers") are aware of the IP address of the users. This is because without the IP address they would not be able to send the content to the browser of the respective user. The IP address is therefore necessary for the display of this content.
PLÜSS LAW endeavours to use only such content whose respective providers use the IP address only to deliver the content. However, the company has no influence on whether the third-party providers store the IP address for statistical purposes, for example. PLÜSS LAW will inform users of this fact as far as PLÜSS LAW is aware of it. If you do not wish to disclose any information about yourself, please log out of your Google Account or use a plug-in such as Ghostery to block data exchange.
4 Transfer of data to third parties
Your personal data will not be transferred to third parties for purposes other than those listed.
5 Cross-border disclosure in third countries without an adequate level of data protection
Your personal data will not be disclosed to third countries without an adequate level of data protection.
6 Retention period
PLÜSS LAW processes personal data for the time required for the purpose or purposes in question. In the event of long-term storage obligations due to legal and other obligations to which PLÜSS LAW is subject, the company will adjust the processing accordingly.
PLÜSS LAW will delete your personal data as soon as they are no longer required and in any case after the legally prescribed maximum retention period of five or ten years respectively. Data that are no longer required and for which there is no legal obligation to retain them will be destroyed once the purpose and justification for doing so no longer apply.
7 Your rights
You may request confirmation as to whether personal data is being processed by PLÜSS LAW and, if so,
- request information about the processing of your personal data (Art. 8 FADP or Art. 15 GDPR);
- requesting information on the legal basis for data processing (Art. 8 para. 2 lit. b FADP or Art. 13 para. 1 lit. c FADP Ordinance)
- have the processing of your personal data restricted if (i) you dispute the accuracy of the data, (ii) the processing is unlawful but you refuse to delete it, (iii) PLÜSS LAW no longer needs the data but you need it to assert, exercise or defend legal claims or (iv) you have lodged an objection to the processing in accordance with Art. 21 GDPR (Art. 18 GDPR);
- exercise your right to data transferability – if and insofar as the GDPR is applicable (Art. 20 GDPR);
- request the correction of incorrect or incomplete personal data stored by PLÜSS LAW (Art. 5 GDPR or Art. 16 GDPR);
- have it deleted (unless the processing is necessary for the exercise of the right to freedom of opinion and information, to comply with a statutory obligation, for reasons of public interest or to assert or defend legal claims (Art. 5 FADP or 17 GDPR);
- have them blocked,
- may revoke the consent granted at any time (Art. 7 para. 3 GDPR).
In the event of disproportionate effort, PLÜSS LAW reserves the right to require you to provide proof of identity and to bear the actual costs in advance.
7.1 Right of appeal
You can complain at any time to the data protection officer or to a supervisory authority (see above) (Art. 77 FADP).
7.2 Right of objection
If your personal data are processed on the basis of legitimate interests pursuant to Art. 6 para. 1 sentence 1 letter f GDPR, you have the right to object to the processing of your personal data if there are reasons for doing so arising from your particular situation or if the objection is directed against direct advertising. In the latter case you have a general right of objection, which will be implemented by PLÜSS LAW without indicating a special situation (Art. 21 GDPR).
9 Prevailing language