Privacy policy
The responsible party within the meaning of the data protection laws, in particular the EU General Data Protection Regulation (DSGVO), is:
Wise Duck Sàrl
"Crutch-up.ch"
Martin Svejda
Route de Lutry 1
1073 Savigny
Phone: +41 (0)21 558 58 48
E-mail: msvejda@crutch-up.ch
WebSite: http://www.crutch-up.ch/
General information
Based on Article 13 of the Swiss Federal Constitution and the data protection regulations of the Swiss Confederation (Data Protection Act, DSG), every person has the right to protection of their privacy as well as protection against misuse of their personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the legal data protection regulations as well as this data protection declaration.
In cooperation with our hosting providers, we make every effort to protect the databases as well as possible against unauthorised access, loss, misuse or falsification.
We would like to point out that data transmission on the Internet (e.g. communication by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.
By using this website, you consent to the collection, processing and use of data as described below. This website can generally be visited without registration. Data such as pages accessed or the name of the file accessed, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or e-mail address, are collected on a voluntary basis as far as possible. No data will be passed on to third parties without your consent.
Processing of personal data
Personal data is any information that relates to a specific or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, acquisition, deletion, storage, modification, destruction and use of personal data.
We process personal data in accordance with Swiss data protection law. Furthermore, we process personal data in accordance with the following legal bases in connection with Art. 6 Para. 1 DSGVO - insofar as and to the extent that the EU-DSGVO is applicable:
Consent (Art. 6 para. 1 p. 1 lit. a. DSGVO) - The data subject has given his/her consent to the processing of personal data relating to him/her for a specific purpose or purposes.
Performance of a contract and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b. DSGVO) - Processing is necessary for the performance of a contract to which the data subject is party or for the performance of pre-contractual measures taken at the data subject's request.
Legal obligation (Art. 6 para. 1 p. 1 lit. c. DSGVO) - Processing is necessary for compliance with a legal obligation to which the controller is subject.
Protection of vital interests (Art. 6 para. 1 p. 1 lit. d. DSGVO) - Processing is necessary to protect the vital interests of the data subject or another natural person.
Legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO) - Processing is necessary to protect the legitimate interests of the controller or a third party, unless such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data.
Legitimate interests (Art. 6 para. 1 p. 1 lit. f DSGVO) - Processing is necessary to safeguard the legitimate interests of the controller or a third party, unless such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data.
Application procedure as a pre-contractual or contractual relationship (Art. 9(2)(b) GDPR) - Insofar as special categories of personal data within the meaning of Art. 9(1) GDPR (e.g. health data, such as severely disabled status or ethnic origin) are requested from applicants in the context of the application procedure, so that the controller or the data subject can fulfil the duties incumbent on him or her under employment law and the law on the protection of personal data. If the data is requested from job applicants so that the data controller or the data subject can exercise his or her rights under labour law and social security and social protection law and fulfil his or her obligations in this respect, it is processed in accordance with Article 9(2)(b) of the GDPR. DSGVO, in the case of the protection of vital interests of the applicants or other persons pursuant to Art. 9 para. 2 lit. c. DSGVO or for the purposes of preventive health care or occupational medicine, for the assessment of the employee's fitness for work, for medical diagnostics, care or treatment in the health or social sector or for the management of systems and services in the health or social sector pursuant to Art. 9 para. 2 lit. h. DSGVO. In the case of a communication of special categories of data based on voluntary consent, their processing is based on Art. 9 para. 2 lit. a. DSGVO.
We process personal data for the duration required for the respective purpose or purposes. In the case of longer-term retention obligations due to legal and other obligations to which we are subject, we restrict processing accordingly.
Relevant legal basis
In accordance with Art. 13 DSGVO, we inform you of the legal basis for our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 DSGVO, the legal basis for processing to fulfil our services and carry out contractual measures and respond to enquiries is Art. 6(1)(b) DSGVO, the legal basis for processing to fulfil our legal obligations is Art. 6(1)(c) DSGVO, and the legal basis for processing to protect our legitimate interests is Art. 6(1)(f) DSGVO. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) (d) DSGVO serves as the legal basis.
Security measures
We take appropriate technical and organisational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.
The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as access to, entry into, disclosure of, assurance of availability of and segregation of the data. We also have procedures in place to ensure the exercise of data subjects' rights, the deletion of data and responses to data compromise. Furthermore, we already take the protection of personal data into account in the development or selection of hardware, software and procedures in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.
Transmission of personal data
In the course of our processing of personal data, it may happen that the data is transferred to other bodies, companies, legally independent organisational units or persons or that it is disclosed to them. The recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we comply with the legal requirements and, in particular, conclude appropriate contracts or agreements that serve to protect your data with the recipients of your data.
Data processing in third countries
If we process data in a third country (i.e., outside the European Union (EU), the European Economic Area (EEA)) or the processing takes place in the context of using third-party services or disclosing or transferring data to other persons, entities or companies, this will only be done in accordance with legal requirements.
Subject to express consent or contractually or legally required transfer, we only process data in third countries with a recognised level of data protection, contractual obligation through so-called standard protection clauses of the EU Commission, in the presence of certifications or binding internal data protection regulations (Art. 44 to 49 DSGVO, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).
Privacy policy for cookies
This website uses cookies. Cookies are text files that contain data from visited websites or domains and are stored by a browser on the user's computer. The primary purpose of a cookie is to store information about a user during or after their visit within an online service. Stored information may include, for example, language settings on a website, login status, a shopping cart or where a video was watched. The term cookie also includes other technologies that perform the same functions as cookies (e.g. where user details are stored using pseudonymous online identifiers, also known as "user IDs").
The following cookie types and functions are distinguished:
Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed his browser.
Permanent cookies: Permanent cookies remain stored even after the browser is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the interests of users used for range measurement or marketing purposes can be stored in such a cookie.
First-party cookies: First-party cookies are set by ourselves.
Third-party cookies (also: third-party cookies): Third-party cookies are mainly used by advertisers (so-called third parties) to process user information.
Necessary (also: essential or absolutely necessary) cookies: Cookies may be absolutely necessary for the operation of a website (e.g. to store logins or other user input or for security reasons).
Statistical, marketing and personalisation cookies: Furthermore, cookies are usually also used in the context of range measurement and when a user's interests or behaviour (e.g. viewing certain content, using functions, etc.) on individual websites are stored in a user profile. Such profiles are used, for example, to show users content that matches their potential interests. This process is also referred to as "tracking", i.e. tracking the potential interests of users. Insofar as we use cookies or "tracking" technologies, we will inform you separately in our data protection declaration or in the context of obtaining consent.
Notes on legal basis: The legal basis on which we process your personal data using cookies depends on whether we ask you for consent. If this is the case and you consent to the use of cookies, the legal basis for processing your data is the consent given. Otherwise, the data processed with the help of cookies is processed on the basis of our legitimate interests (e.g. in the business operation of our online offer and its improvement) or, if the use of cookies is necessary to fulfil our contractual obligations.
Storage period: If we do not provide you with explicit information on the storage period of permanent cookies (e.g. in the context of a so-called cookie opt-in), please assume that the storage period can be up to two years.
General information on revocation and objection (opt-out): Depending on whether the processing is based on consent or legal permission, you have the option at any time to revoke any consent you have given or to object to the processing of your data by cookie technologies (collectively referred to as "opt-out"). You can initially declare your objection by means of your browser settings, e.g. by deactivating the use of cookies (whereby this may also restrict the functionality of our online offer). An objection to the use of cookies for online marketing purposes can also be declared by means of a variety of services, especially in the case of tracking, via the https://optout.aboutads.info and https://www.youronlinechoices.com/ websites. In addition, you can obtain further instructions on how to object in the context of the information on the service providers and cookies used.
Processing of cookie data on the basis of consent: We use a cookie consent management procedure, in the context of which the consent of users to the use of cookies, or the processing and providers named in the cookie consent management procedure, can be obtained and managed and revoked by users. The declaration of consent is stored in order not to have to repeat the request and to be able to prove the consent in accordance with the legal obligation. The storage can take place on the server side and/or in a cookie (so-called opt-in cookie or with the help of comparable technologies) in order to be able to assign the consent to a user or their device. Subject to individual information on the providers of cookie management services, the following information applies: The duration of the storage of consent can be up to two years. Here, a pseudonymous user identifier is created and stored with the time of consent, information on the scope of consent (e.g. which categories of cookies and/or service providers) as well as the browser, system and end device used.
Types of data processed: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
Data subjects: Users (e.g. website visitors, users of online services).
Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a. DSGVO), Legitimate Interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).
Privacy policy for SSL/TLS encryption
This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content, such as enquiries that you send to us as the site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.
If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
Privacy policy for server log files
The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
browser type and browser version
Operating system used
referrer URL
Host name of the accessing computer
Time of the server request
This data cannot be assigned to specific persons. This data is not merged with other data sources. We reserve the right to check this data retrospectively if we become aware of specific indications of illegal use.
Third party services
This website may use Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam and YouTube for embedding videos.
These services of the American Google LLC use cookies, among other things, and as a result, data is transferred to Google in the USA, although we assume that no personal tracking takes place in this context solely through the use of our website.
Google has undertaken to ensure adequate data protection in accordance with the US-European and the US-Swiss Privacy Shield.
Further information can be found in Google's privacy policy.
Privacy policy for contact form
If you send us enquiries via the contact form, your details from the enquiry form, including the contact details you have provided there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We do not pass on this data without your consent.
Rights of data subjects
Right to confirmation
Every data subject has the right to request confirmation from the website operator as to whether personal data concerning him or her is being processed. If you would like to make use of this right of confirmation, you can contact the data protection officer at any time.
Right of access
Every person affected by the processing of personal data has the right to receive information free of charge from the operator of this website about the personal data stored about him or her and a copy of this information. Furthermore, information may be provided on the following, if applicable:
the purposes of processing
the categories of personal data processed
the recipients to whom the personal data have been or will be disclosed
if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
the existence of the right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or the right to object to such processing
the existence of a right of appeal to a supervisory authority
if the personal data are not collected from the data subject: Any available information on the origin of the data.
Furthermore, the data subject has the right to be informed whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in connection with the transfer.
If you would like to make use of this right to information, you can contact our data protection officer at any time.
Right of rectification
Every person affected by the processing of personal data has the right to demand the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request that incomplete personal data be completed, including by means of a supplementary declaration, taking into account the purposes of the processing.
If you would like to make use of this right of rectification, you can contact our data protection officer at any time.
Right to erasure (right to be forgotten)
Any person affected by the processing of personal data has the right to obtain from the controller of this website the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:
The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.
The data subject withdraws his or her consent on which the processing was based and there is no other legal basis for the processing
The data subject objects to the processing on grounds relating to his or her particular situation and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in the case of direct marketing and related profiling
The personal data have been processed unlawfully
The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject
The personal data has been collected in relation to information society services provided directly to a child
If one of the above reasons applies and you wish to arrange for the deletion of personal data stored by the operator of this website, you can contact our data protection officer at any time. The data protection officer of this website will arrange for the deletion request to be complied with immediately.
Right to restriction of processing
Any person concerned by the processing of personal data has the right to obtain from the controller of this website the restriction of processing if one of the following conditions is met:
The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data
The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data
The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it to assert, exercise or defend legal claims
The data subject has objected to the processing on grounds relating to his or her particular situation, and it is not yet clear whether the legitimate grounds of the controller override those of the data subject
If one of the aforementioned conditions is met, you can request the restriction of personal data stored by the operator of this website at any time by contacting our data protection officer. The data protection officer of this website will arrange the restriction of the processing.
Right to data portability
Every person affected by the processing of personal data has the right to receive the personal data concerning him or her in a structured, common and machine-readable format. He or she also has the right to have this data transferred to another controller if the legal requirements are met.
Furthermore, the data subject has the right to obtain that the personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that the rights and freedoms of other persons are not affected thereby.
To assert the right to data portability, you may at any time contact the data protection officer appointed by the operator of this website.
Right of objection
Any person affected by the processing of personal data has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her.
The operator of this website shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or if the processing serves the assertion, exercise or defence of legal claims.
To exercise the right to object, you may directly contact the Data Protection Officer of this website.
Right to withdraw consent under data protection law
Every person affected by the processing of personal data has the right to revoke a given consent to the processing of personal data at any time.
If you wish to exercise your right to withdraw consent, you can contact our data protection officer at any time.
Data protection declaration for objection advertising e-mails
We hereby object to the use of contact data published within the framework of the imprint obligation for the purpose of sending advertising and information material that has not been expressly requested. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, for example by spam e-mails.
Chargeable services
For the provision of chargeable services, we request additional data, such as payment details, in order to be able to execute your order. We store this data in our systems until the statutory retention periods have expired.
Order processing in the online shop with customer account
We process the data of our customers in accordance with the data protection regulations of the Federal Republic of Germany (Data Protection Act, DSG) and the EU-DSGVO, within the framework of the order processes in our online shop, in order to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.
The data processed includes master data (inventory data), communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing is carried out for the purpose of providing contractual services within the scope of operating an online shop, billing, delivery and customer services. In this context, we use session cookies, e.g. for storing the contents of the shopping cart, and permanent cookies, e.g. for storing the login status.
The processing is based on Art. 6 Para. 1 lit. b (execution of order transactions) and c (legally required archiving) DSGVO. In this context, the information marked as required is necessary for the justification and fulfilment of the contract. We only disclose the data to third parties within the scope of delivery, payment or within the scope of legal permissions and obligations. The data is only processed in third countries if this is necessary for the fulfilment of the contract (e.g. at the customer's request for delivery or payment).
Users can optionally create a user account, in which they can view their orders in particular. Within the scope of registration, the required mandatory information is provided to the users. The user accounts are not public and cannot be indexed by search engines, e.g. Google. If users have cancelled their user account, their data with regard to the user account will be deleted, subject to their retention being necessary for reasons of commercial or tax law in accordance with Art. 6 Para. 1 lit. c DSGVO. Information in the customer account shall remain until it is deleted and subsequently archived in the event of a legal obligation. It is the responsibility of the users to save their data in the event of termination before the end of the contract.
Within the scope of registration and renewed registrations as well as the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as those of the users in protection against misuse and other unauthorised use. As a matter of principle, this data is not passed on to third parties unless it is necessary for the pursuit of our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO.
Deletion takes place after the expiry of legal warranty and comparable obligations; the necessity of retaining the data is reviewed at irregular intervals. In the case of legal archiving obligations, deletion takes place after their expiry.
Contractual services
We process data of our contractual and business partners, e.g. customers and interested parties (collectively referred to as "contractual partners") within the scope of contractual and comparable legal relationships as well as related measures and within the scope of communication with the contractual partners (or pre-contractual), e.g. to answer enquiries.
We process this data to fulfil our contractual obligations, to secure our rights and for the purposes of the administrative tasks associated with this information as well as the entrepreneurial organisation. Within the framework of applicable law, we only disclose the data of contractual partners to third parties to the extent that this is necessary for the aforementioned purposes or for the fulfilment of legal obligations or with the consent of the persons concerned (e.g. to participating telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). Contractual partners will be informed about further forms of processing, e.g. for marketing purposes, within the framework of this data protection declaration.
We inform the contractual partners which data is required for the aforementioned purposes before or in the course of data collection, e.g. in online forms, by means of special labelling (e.g. colours) or symbols (e.g. asterisks or similar), or in person.
We delete the data after the expiry of statutory warranty and comparable obligations, i.e., in principle after the expiry of 4 years, unless the data is stored in a customer account, e.g., as long as it must be retained for legal archiving reasons (e.g., for tax purposes, usually 10 years). We delete data disclosed to us by the contractual partner within the scope of an order in accordance with the specifications of the order, generally after the end of the order.
Insofar as we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms apply in the relationship between the users and the providers.
Customer account: Contractual partners can create an account within our online offer (e.g. customer or user account, "customer account" for short). If registration of a customer account is required, contractual partners will be informed of this and of the information required for registration. The customer accounts are not public and cannot be indexed by search engines. Within the scope of registration and subsequent logins and uses of the customer account, we store the IP addresses of the customers together with the access times in order to be able to prove the registration and to prevent any misuse of the customer account.
If customers have terminated their customer account, the data relating to the customer account will be deleted, unless their retention is required for legal reasons. It is the responsibility of customers to back up their data when their customer account is terminated.
Analyses and market research: For business reasons and in order to be able to recognise market trends, wishes of contractual partners and users, we analyse the data available to us on business transactions, contracts, enquiries, etc., whereby the group of persons concerned may include contractual partners, interested parties, customers, visitors and users of our online offer.
The analyses are carried out for the purpose of business evaluations, marketing and market research (e.g. to determine customer groups with different characteristics). In doing so, we may, if available, take into account the profiles of registered users together with their details, e.g. regarding services used. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with summarised, i.e. anonymised values. Furthermore, we take the privacy of users into consideration and process the data for analysis purposes as pseudonymously as possible and, if feasible, anonymously (e.g. as summarised data).
Shop and e-commerce: We process the data of our customers in order to enable them to select, purchase or order the selected products, goods and associated services, as well as their payment and delivery or execution. If necessary for the execution of an order, we use service providers, in particular postal, forwarding and shipping companies, to carry out the delivery or execution for our customers. For the processing of payment transactions, we use the services of banks and payment service providers. The required information is marked as such in the context of the order or comparable purchase process and includes the information required for delivery, or provision and billing, as well as contact information in order to be able to consult with you if necessary.
Agency services: We process our clients' data within the scope of our contractual services, which may include, for example, conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes, handling, server administration, data analysis/consulting services and training services.
Note on data transfer to the USA
Among other things, tools from companies based in the USA are integrated on our website. If these tools are active, your personal data may be transferred to the US servers of the respective companies. We would like to point out that the USA is not a safe third country in the sense of EU data protection law. US companies are obliged to hand over personal data to security authorities without you as a data subject being able to take legal action against this. It can therefore not be ruled out that US authorities (e.g. intelligence services) process, evaluate and permanently store your data located on US servers for monitoring purposes. We have no influence on these processing activities.
Copyrights
The copyright and all other rights to the content, images, photos or other files on the website belong exclusively to the operator of this website or to the specifically named copyright holders. The written consent of the copyright holder must be obtained in advance for the reproduction of any files.
Anyone who commits a copyright infringement without the consent of the respective copyright holder may be liable to prosecution and possibly to damages.
General disclaimer
All information on our website has been carefully checked. We make every effort to ensure that the information we provide is up-to-date, accurate and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, correctness and up-to-dateness of information, including journalistic and editorial information. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.
The publisher may change or delete texts at his own discretion and without notice and is not obliged to update the contents of this website. Use of or access to this website is at the visitor's own risk. The publisher, its principals or partners are not responsible for damages, such as direct, indirect, incidental, consequential or punitive damages, allegedly caused by the use of this website and consequently assume no liability for such damages.
The publisher also accepts no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked sites are solely responsible for their content. The publisher thus expressly distances itself from all third-party content that may be relevant under criminal or liability law or that may offend common decency.
Changes
We may amend this data protection declaration at any time without prior notice. The current version published on our website shall apply. Insofar as the data protection declaration is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.
Questions to the data protection officer
If you have any questions about data protection, please write to us by e-mail or contact the data protection officer in our organisation listed at the beginning of this privacy statement directly.
Source: SwissAnwalt