Privacy Policy

1.   General information

With this privacy policy we inform you about the type, scope and purpose of the collection and use of your personal data. You can access this data protection declaration at any time on our Website www.martin-ra.ch or request it from us in writing or by e-mail.

Personal data is any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the legal requirements. We would like to point out that data transmission over the Internet (e.g. communication by e-mail) can have security gaps. A complete protection of data against access by third parties is not possible.

This data protection declaration serves to implement the Swiss Data Protection Act (DSG; SR 235.1) as well as the requirements of Regulation (EU) 2016/679 (Basic Data Protection Regulation; hereinafter: DSGVO). It may be updated at any time. We recommend that you check it regularly. The last line of this declaration shall be given the date of the last amendment (“Status”).

2.   Person responsible for data processing

The person responsible for data processing on this website is, unless otherwise stated:

Martin Rechtsanwälte GmbH
Steinberggasse 23
CH-8400 Winterthur

Tel: +41 52 269 21 00
Fax +41 52 214 14 00
E-Mail: sekretariat@m-win.ch
Internet: www.martin-ra.ch

If you have data protection concerns, you can contact us.

3.   Collection, storage as well as type and Purpose of the use of personal data

LogFiles

For technical reasons, your Internet program (browser) automatically transmits data to our web server for internal system and statistical purposes when you access our website.

The following data is thus collected, stored and evaluated:

• Visited website
• Date of access
• Time of access
• Host name of the accessing computer
• URL of the referring website (referrer URL)
• Retrieved file(s)
• Quantity of data sent
• Browser type and version used
• Operating system in use
• Used IP address
• Verwendete IP-Adresse

This data is stored in so-called server log files; separated from other data that you transmit within the scope of your use of our website, e.g. by entering it in a form. This data is not merged with other data sources. Your data is used by us or by other providers to administer the website, to carry out statistical evaluations (e.g. about accesses), and to be able to recognise and ward off unauthorised accesses.

We and any other providers collect and store this data on the basis of our legitimate interest in the administration of the website (in particular the technically correct display and optimisation), in statistical evaluation and in being able to recognise and ward off unauthorised access (see Art. 6 Para. 1 lit. f DSGVO).

This data is stored and evaluated by us or by other providers for a maximum of 7 days and then deleted by us after evaluation. If data must be stored for reasons of evidence, they are excluded from deletion until the incident has been finally clarified. Legal obligations to retain data remain unaffected.

Cookies

We use cookies on our website. These are small (text) files that are automatically created by your browser and stored on your end device (laptop, tablet, smartphone or similar) when you visit our site.

Necessary cookies are stored in your browser. Necessary cookies are mandatory, as they are essential for the functioning of the basic functions and the security of the website. These cookies do not store any personal data. The legal basis for the use of the above-mentioned necessary cookies is our legitimate interest (see Art. 6 para. 1 lit. f DSGVO) in obtaining your consent to the lawful use of cookies.

There are also cookies that are not necessary. All cookies that are not absolutely necessary for the functioning of the website and are used in particular to collect personal data of the user via analyses, advertisements and other embedded content are referred to as unnecessary cookies. We also use third-party cookies to help us analyze and understand how you use this website. Such cookies are only stored and evaluated in your browser with your express consent. To declare your consent, you can activate these cookies in the cookie banner on the home page in the “Non-Necessary” section. These cookies are only stored in your browser with your consent. You also have the option of rejecting these cookies. However, rejecting some of these cookies may affect your browsing experience. The legal basis for the processing is Art. 6 para. 1 lit. a., Art. 7 DSGVO.

The data is stored for as long as specified above. If no information is provided, it will be stored until the purpose of the data storage no longer applies, you revoke your consent or request us to delete it. Mandatory legal provisions – in particular retention periods – remain unaffected.

Most browsers have functions that inform you about the setting of cookies and allow cookies only in individual cases; have the option of excluding the acceptance of cookies for certain cases or generally, and activate the automatic deletion of cookies when closing the browser. However, this could restrict the range of functions of our offer.

Comment function

When you leave a comment on our website, we collect the data displayed in the comment form, your IP address and the user agent string (this identifies the browser) to help detect spam. When you post a comment, it is generally stored indefinitely, including metadata. This allows us to automatically recognise and approve follow-up comments instead of holding them in a moderation queue. Your comment will be removed if you request us to delete it, declare your revocation or the purpose for storing the data no longer applies. Legal provisions – in particular retention periods – remain unaffected.

In addition, your name, email address and website are stored in permanent cookies. These are small (text) files that are automatically created by your browser and stored on your end device (laptop, tablet, smartphone or similar) when you visit our site. We use permanent cookies (= persistent cookies), which are stored on your end device for a certain period of time. If you visit our website again, it is automatically recognised that you have already visited the website once and which entries and settings you have made. This is so that you do not have to enter all this data again when you write another comment. These cookies are stored for one year.

An anonymised string of characters (also called a hash) may be created from your email address and submitted to the Gravatar service. The Gravatar service is operated by Automattic Inc, 60 29th Street #343, San Francisco, CA 94110, United States of America. This checks whether you use the Gravatar service, i.e. whether you have a Gravatar. The Gravatar is an image that follows you from website to website. It appears next to your name when you comment or post on blogs.

The privacy policy of the Gravatar service can be found here: https://automattic.com/privacy/.

Automattic Inc. ist certified in the Swiss-U.S. Privacy Shield and the EU-US Privacy Shield-Programm. More information can be found at: https://www.privacyshield.gov/participant?id=a2zt0000000CbqcAAC

The legal basis for the processing of the above data and the transmission to Automattic Inc. is our legitimate interest (see Art. 6 para. 1 lit. f DSGVO). We have a rectified interest in the detection, prevention and deletion of spam as well as in the user-friendliness of our website.

You can prevent data processing by not leaving a comment. Regarding cookies, you have the following options: Most browsers have functions with which you are informed about the setting of cookies and can allow cookies only in individual cases; have the option to exclude the acceptance of cookies for certain cases or generally as well as to activate the automatic deletion of cookies when closing the browser. However, this could restrict the range of functions of our offer.

Processing of data of interested parties, customer, contract or inventory data

Contact form

If you use the contact form, the data you enter will be saved. This happens as soon as you click on the “Send” button to transmit your data to us. We use this data for the purpose of processing your enquiry and any follow-up questions.

The processing of the data entered in the contact form is carried out for the implementation of pre-contractual measures that are carried out in response to your enquiry (Art. 6 para. 1 lit. b DSGVO) as well as on the basis of our legitimate interest in direct advertising (Art. 6 para. 1 lit. f DSGVO).

The data you enter in the contact form will remain with us until you request us to delete it, declare your revocation or the purpose for storing the data no longer applies. Legal provisions – in particular retention periods – remain unaffected.

You can prevent this data processing by not using the contact form.

Contact, data from interested parties

If you contact us because you are interested in our products, want to receive information from us or request a callback, we will collect and use personal data to the extent necessary for these purposes. This may include, for example, the following data: Name, address, e-mail address, telephone number, account details.
The legal basis for the processing is the implementation of pre-contractual measures taken in response to your request and/or the processing for the fulfilment of a contract with you (see Art. 6 para. 1 lit. b DSGVO). The collected data will be deleted after completion of the order, after processing the enquiry or after termination of the business relationship. Legal retention periods remain unaffected.

Contract data

If a contractual relationship between you and us is to be or will be established, designed or changed in terms of content, we collect and process personal data to the extent necessary for these purposes. This involves the following data:

• Personal data & addresses
• Contact details (phone numbers, email, social media profiles)
• Bank & custody account data of customers (in particular account details
• Agreed dates
• Information from public registers (debt collection register, commercial register, land register)
• Information that we learn in connection with official and legal Proceedings
• Information about you that is given to us by people in your environment (family, consultants, legal representatives, etc.) so that we can conclude or process contracts with you or with your involvement (e.g. references, your address for deliveries, powers of attorney)
• Information related to your professional functions and activities
• Information about you in correspondence and meetings with third parties
• Credit information (if we do business with you personally)
• Information from banks, insurance companies, distribution and other contractual partners of us to use or provide services from you (e.g. payments / purchases made)
• Information from the media and Internet about your person (as far as this is appropriate in the specific case), and
• References for applications.

The legal basis for the processing is the implementation of pre-contractual measures taken at your request and/or the processing for the performance of a contract with you (see Art. 6 para. 1 lit. b DSGVO).

If you have given us your consent to process your personal data for certain purposes, we will process your personal data within the scope of and on the basis of this consent, unless we have another legal basis. Consent may be revoked at any time for the future without affecting the lawfulness of the processing carried out on the basis of the consent until revocation.

We process the personal data collected to ensure the management of the mandate or for the purpose of concluding and processing the contract and for invoicing as well as for client communication purposes. We may process special categories of personal data indirectly if they are part of a commissioned or contractual processing, e.g. your place of birth or the information that you are married. Such processing is carried out on the basis of a separate consent.

Within the scope of our mandate and business relationship, you must provide all personal data that is necessary for the initiation and execution of a mandate and business relationship and the fulfilment of the associated contractual obligations. Without this data, we will generally not be able to conclude or execute a contract with you (or the person you represent).

The collected customer data will be deleted after completion of the order or termination of the business relationship. Legal retention periods remain unaffected.

Newsletter

If you would like to receive the newsletter offered on the website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided (name and surname).

The data will be processed on the basis of your express consent (Art. 6 para. 1 lit. a DSGVO).

The data is stored until you request us to delete it, declare your revocation or the purpose of the data storage ceases to apply. Mandatory legal provisions – in particular retention periods – remain unaffected.

Data transfer and transmission at home and abroad

Your personal data may be passed on to third parties in the following cases:

• within the scope of a consent granted by you,
• in the context of processing an inquiry, order or the use of our services. In this case, data is passed on to subcontractors who receive the data required to carry out the respective step and use it for the intended purpose,
• within the scope of order processing,
• within the framework of the fulfilment of legal obligations to bodies entitled to receive information,
• insofar as the disclosure is necessary for the assertion, exercise or defence of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data,
• as far as it is necessary for the processing of contractual relationships with you.

The third parties are e.g. service providers of us, in particular order processors, as well as authorities, courts, legal representatives and other parties in legal disputes or proceedings.

These recipients may be located in Germany and abroad. If we transfer data to a country without an adequate level of data protection, this is done in the context of the exceptional circumstances in accordance with Art. 49 Para. 1 DSGVO, namely on the basis of a separate consent or if required in the context of the execution of a contract.

Third party tools

Google Maps

This site uses the map service Google Maps via an API. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (nachfolgend «Google»).

To use the functions of Google Maps it is necessary to store your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data Transfer.

The use of Google Maps is based on Art. 6 para. 1 lit. f DSGVO due to our legitimate interest in an appealing presentation of our online offers and in making it easier to find the places we have indicated on the Website.

More information on the handling of user data can be found in Google’s privacy policy: https://www.google.de/intl/de/policies/privacy/.

Google is certified in the Swiss-U.S. Privacy Shield and the EU-US Privacy Shield program. You can find more information at: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active#other-covered-entities

4.   Hyperlinks

We use so-called hyperlilnks to the Websites of other providers. A soon as you click on these, you will be forwarded from our Website directly to the website of the other provider.

It is possible that when using the websites, the user’s personal data may be transferred to a server in the USA or another country and stored there. It cannot be guaranteed that these countries offer a comparable level of data protection as the EU. However, companies from the USA, which are certified under the Privacy Shield Agreement, do offer a guarantee that they comply with the Swiss and/or European data protection level.

As a rule, user data is processed by the other providers for market research and advertising purposes, whereby user profiles may also be created. This is usually done by the storage of cookies on your end device by the respective website operators. However, data can also be stored independently of the device you use.

We cannot assume any responsibility for the handling of your data by the providers on their website, as we have no influence on whether and that these providers comply with the data protection regulations. Information about the data protection of these providers can be found on their websites. 

5.   Your rights according to DSG

You have the following rights within the framework of the DSG:

• Right of access to information
• Right of rectification
• Supplementary right
• Right to block
• Right of cancellation
• Right to object to the use of your data for advertising purposes

In order to exercise your rights, you must send a letter by post to

Martin Rechtsanwälte GmbH
Steinberggasse 23
CH-8400 Winterthur

or by email to sekretariat@m-win.ch

6.   Your rights according to DSGVO

Right of access to information

You have the right to request information about your personal data processed by us. In particular, you may request information on the purposes of processing, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right of rectification, cancellation, restriction of processing or opposition, the existence of a right of appeal, the origin of your data, if not collected by us, the existence of automated decision making (including profiling) and, if applicable, meaningful information on the details of the data (see Art. 15 DSGVO).

Right of rectification

You have the right to demand the immediate correction of incorrect or incomplete personal data stored by us (see Art. 16 DSGVO).

Right of deletion

You have the right to request the deletion of your personal data stored with us, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims (see Art. 17 DSGVO).

Right to restrict processing

You have the right to demand the restriction of the processing of your personal data if the accuracy of the data is disputed by you, if the processing is unlawful but you refuse to delete it and we no longer need the data, but you need the data for the assertion, exercise or defence of legal claims or you have lodged an objection to the processing in accordance with Art. 21 DSGVO (see Art. 18 DSGVO).

Right of notification with regard to recipients

We are obliged to inform everyone to whom we have transmitted your data that you have requested correction, deletion or restriction of processing (cf. Art. 16, 17, 18 DSGVO). This does not apply if the communication is impossible or only possible with disproportionate effort. You have the right to know to whom we have made a notification (cf. Art. 19 DSGVO).

Right to data transferability

You have the right to receive your personal data that you have provided us with in a structured, common and machine-readable format or to request that it be transferred to another responsible party (see Art. 20 DSGVO).

Revocation of consent

You have the right to revoke your consent to us at any time. As a result, we may no longer continue to process the data which was based on this consent in the future (see Art. 7 Para. 3 DSGVO).

Right of appeal

You have the right to complain to a regulatory body. As a rule, you can turn to the supervisory authority of your usual place of residence or workplace or our headquarters for this (see Art. 77 DSGVO).

Right of withdrawal with regard to processing pursuant to Article 6 para. 1 lit. e or f DSGVO

You have the right, for reasons arising from your particular situation, against processing operations carried out pursuant to Article 6 para. 1 lit. e or f of the DSGVO, lodge an appeal (cf. Art. 21 DSGVO).

In this case, we will no longer process the data unless we can prove compelling reasons for processing worthy of protection which outweigh your interests, rights and freedoms or if the processing serves to assert, exercise or defend legal claims.

If personal data are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is connected with such direct marketing, Art. 21 para. 2 DSGVO. If you object, your personal data will subsequently no longer be used for the purpose of direct marketing.

In order to exercise your rights, you must send a letter by post to

Martin Rechtsanwälte GmbH
Steinberggasse 23
CH-8400 Winterthur

or by e-mail to sekretariat@m-win.ch

7.   SSL or TLS encryption

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

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

8. Objection against advertising mails

The use of contact data published within the scope of the imprint obligation for the transmission of not expressly requested advertisement and information material is hereby contradicted. The operators of the site expressly reserve the right to take legal action in the event of unsolicited sending of advertising information, such as through spam e-mails.

The use of the contact data by third parties for selling, mass delivery of emails and similar purposes is prohibited.

Status: 09.12.2020