DATA PROTECTION POLICY

With this data protection declaration, we provide information on what personal data we process, for what purpose, how and where, in particular in connection with our https://nxgen.io-Website and our other services. With this data protection declaration, we also inform you about the rights of persons whose data we process.

Special, supplementary or further data protection declarations as well as other legal documents such as general terms and conditions (GTC), terms of use or conditions of participation may apply to individual or additional offers and services.

Our offer is subject to Swiss data protection law as well as any applicable foreign data protection law such as, in particular, that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognises that Swiss data protection law ensures adequate data protection.

1. CONTACT ADDRESSES

Responsibility for the processing of personal data:

NXGEN Technology AG 

Technoparkstrasse 1 

CH-8005 Zurich

info@nxgen.io

We point out if there are other persons responsible for the processing of personal data in individual cases.

1.1 Data Protection Officer

We have the following data protection officer as a point of contact for data subjects and as a contact for supervisory authorities in the event of enquiries relating to data protection law:

 

Yves Neuhaus 

Technoparkstrasse 1 

CH-8005 Zurich

yves@nxgen.io

 

1.2 Data protection representation in the European Economic Area (EEA)

We have the following data protection representation in accordance with Article 27 of the GDPR in the European Economic Area (EEA) including the European Union (EU) and the Principality of Liechtenstein, Iceland and Norway as an additional point of contact for supervisory authorities and data subjects for enquiries in connection with the General Data Protection Regulation (GDPR):

 

VGS Datenschutzpartner UG 

Am Kaiserkai 69 

20457 Hamburg 

Germany

info@datenschutzpartner.eu

 

2 PROCESSING OF PERSONAL DATA

2.1 Terms

Personal data is any information relating to an identified or identifiable person. A data subject is a person about whom personal data are processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, acquisition, collection, deletion, storage, modification, destruction and use of personal data.

The European Economic Area (EEA) comprises the European Union (EU) and the Principality of Liechtenstein, Iceland and Norway. The General Data Protection Regulation (GDPR) refers to the processing of personal data as the processing of personal data.

2.2 Legal basis

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

We process personal data – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – in accordance with at least one of the following legal bases:

Art. 6 para. 1 lit. b DSGVO for the necessary processing of personal data for the performance of a contract with the data subject as well as for the implementation of pre-contractual measures.

Art. 6 para. 1 lit. f DSGVO for the necessary processing of personal data to protect the legitimate interests of us or of third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests are, in particular, our interest in being able to provide our offer permanently, in a user-friendly, secure and reliable manner, as well as to be able to advertise for it as required, information security as well as protection against misuse and unauthorised use, the enforcement of our own legal claims and compliance with Swiss law.

Art. 6 para. 1 lit. c DSGVO for the necessary processing of personal data to comply with a legal obligation to which we are subject under any applicable law of Member States in the European Economic Area (EEA).

Art. 6 para. 1 lit. e DSGVO for the necessary processing of personal data for the performance of a task which is in the public interest.

Art. 6 para. 1 lit. a DSGVO for the processing of personal data with the consent of the data subject.

Art. 6 (1) (d) of the GDPR for the necessary processing of personal data to protect the vital interests of the data subject or another natural person.

2.3 Type, scope and purpose

We process the personal data that is necessary to provide our services in a permanent, user-friendly, secure and reliable manner. Such personal data may fall into the categories of inventory and contact data, browser and device data, content data, meta or marginal data and usage data, location data, sales, contract and payment data.

We process personal data for the period of time required for the relevant purpose(s) or as required by law. Personal data whose processing is no longer required is anonymised or deleted. Persons whose data we process generally have the right to have their data deleted.

In principle, we only process personal data with the consent of the data subject, unless the processing is permitted for other legal reasons, for example to fulfil a contract with the data subject and for corresponding pre-contractual measures, to protect our overriding legitimate interests, because the processing is evident from the circumstances or after prior information.

In this context, we process in particular information that a data subject provides to us voluntarily and of his or her own accord when contacting us – for example, by letter, email, contact form, social media or telephone – or when registering for a user account. We may store such information, for example, in an address book, in a customer relationship management system (CRM system) or with comparable tools. If you transmit data about other persons to us, you are obliged to ensure data protection vis-à-vis such persons and to ensure the accuracy of such personal data.

We also process personal data that we receive from third parties, obtain from publicly accessible sources or collect in the course of providing our services, if and to the extent that such processing is permitted for legal reasons.

2.4 Processing of personal data by third parties, also abroad

We may have personal data processed by commissioned third parties or process it jointly with third parties or with the help of third parties or transmit it to third parties. Such third parties are in particular providers whose services we use. We also ensure appropriate data protection for such third parties.

Such third parties are generally located in Switzerland and the European Economic Area (EEA). However, such third parties may also be located in other states and territories on earth as well as elsewhere in the universe, provided that their data protection law guarantees adequate data protection according to the assessment of the Federal Data Protection and Information Commissioner (FDPIC) and – if and insofar as the General Data Protection Regulation (GDPR) is applicable – according to the assessment of the European Commission, or if adequate data protection is guaranteed for other reasons, such as through a corresponding contractual agreement, in particular on the basis of standard contractual clauses, or through a corresponding certification. Exceptionally, such a third party may be located in a country without adequate data protection, provided that the requirements under data protection law, such as the express consent of the data subject, are met.

3. RIGHTS OF DATA SUBJECTS 

Data subjects whose personal data we process have rights under Swiss data protection law. These include the right to information and the right to correction, deletion or blocking of the personal data processed.

Data subjects whose personal data we process may – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – request confirmation free of charge as to whether we are processing their personal data and, if so, request information about the processing of their personal data, have the processing of their personal data restricted, exercise their right to data portability and have their personal data corrected, deleted (“right to be forgotten”), blocked or completed.

Data subjects whose personal data we process may – if and insofar as the GDPR applies – revoke consent they have given at any time with effect for the future and object to the processing of their personal data at any time.

Data subjects whose personal data we process have a right of appeal to a competent supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

4. DATA SECURITY

We take appropriate and suitable technical and organisational measures to ensure data protection and in particular data security. However, despite such measures, the processing of personal data on the Internet can always have security gaps. We cannot therefore guarantee absolute data security.

Access to our online offer takes place via transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers indicate transport encryption with a padlock in the address bar.

Access to our online offer is subject – as is basically any use of the Internet – to mass surveillance and other monitoring by security authorities in Switzerland, in the European Union (EU), in the United States of America (USA) and in other countries without any reason or suspicion. We cannot directly influence the corresponding processing of personal data by secret services, police agencies and other security authorities.

5 USE OF THE WEBSITE

5.1 Cookies

We may use cookies for our website. Cookies – both our own cookies (first-party cookies) and cookies from third parties whose services we use (third-party cookies) – are data that are stored in your browser. Such stored data need not be limited to traditional cookies in text form. Cookies cannot run programs or transmit malware such as Trojans and viruses.

Cookies can be stored in your browser temporarily as “session cookies” when you visit our website or for a certain period of time as so-called permanent cookies. “Session cookies” are automatically deleted when you close your browser. Permanent cookies have a specific storage period. In particular, they enable us to recognise your browser the next time you visit our website and thus, for example, to measure the reach of our website. Permanent cookies can also be used for online marketing, for example.

You can deactivate or delete cookies in full or in part at any time in your browser settings. Without cookies, our website may no longer be fully available. We actively request your express consent for the use of cookies – if and to the extent necessary.

In the case of cookies used for performance and reach measurement or for advertising, a general objection (“opt-out”) is possible for many services via the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

5.2 Server log files

We may record the following information for each access to our website, provided that this information is transmitted by your browser to our server infrastructure or can be determined by our web server: Date and time including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including amount of data transferred, website last accessed in the same browser window (referer or referrer).

We store such information, which may also constitute personal data, in server log files. This information is necessary in order to provide our online service in a permanent, user-friendly and reliable manner and to ensure data security and thus in particular the protection of personal data – also by third parties or with the help of third parties.

5.3 Tracking pixels

We may use tracking pixels on our website. Tracking pixels are also referred to as web beacons. Tracking pixels – including those from third parties whose services we use – are small, usually invisible images that are automatically retrieved when you visit our website. Counting pixels can be used to collect the same information as server log files.

5.4 Comments

We allow you to post comments on our website. In this context, we process in particular the information that a commenting person transmits to us him/herself, but also the Internet Protocol (IP) address used as well as the date and time. This information is required to enable the publication of comments and to ensure protection against misuse, which is in our overriding legitimate interest.

We enable you to subscribe to e-mail notifications of new comments from other people. In this context, we need your e-mail address in particular so that we can notify you or have you notified by e-mail. We also process the Internet Protocol (IP) address used and the date and time. This information is required to enable the publication of comments and to ensure protection against misuse, which is in our overriding legitimate interest. You can unsubscribe from such comment notifications at any time.

We display smileys that are entered as text in comments – for example 🙂 -, are automatically displayed as image files. We use a service provided by Aut O’Mattic A8C Ireland Ltd. in Ireland and Automattic Inc. in the US, which is known for its WordPress.com service, among other things. Automattic requires your Internet Protocol (IP) address for this, as otherwise the service cannot be used. Further information on the type, scope and purpose of data processing can be found in Automattic’s privacy policy. If you use emojis instead of entering smileys as text, the service will not be used.

6. NOTIFICATIONS AND MESSAGES 

We send notifications and communications such as newsletters by email and via other communication channels such as instant messaging.

6.1 Performance measurement and reach measurement

Notifications and communications may contain web links or tracking pixels that record whether an individual communication has been opened and which web links have been clicked. Such web links and tracking pixels may also record the use of notifications and messages on a personal basis. We need this statistical recording of usage for performance and reach measurement in order to be able to offer notifications and communications effectively and in a user-friendly manner based on the needs and reading habits of the recipients, as well as permanently, securely and reliably.

6.2 Consent and objection

In principle, you must expressly consent to the use of your e-mail address and other contact addresses, unless the use is permitted for other legal reasons. For any consent to receive e-mails, we use the “double opt-in” procedure where possible, i.e. you will receive an e-mail with a web link which you must click to confirm, so that no misuse by unauthorised third parties can take place. We may log such consents including Internet Protocol (IP) address, date and time for evidence and security reasons.

In principle, you can unsubscribe from notifications and communications such as newsletters at any time. This does not apply to notifications and communications that are absolutely necessary for our services. By unsubscribing, you can in particular object to the statistical recording of usage for performance and reach measurement.

7. SOCIAL MEDIA

We are present on social media platforms and other online platforms in order to communicate with interested persons and to inform them about our offer. Personal data may also be processed outside of Switzerland and the European Economic Area (EEA).

The General Terms and Conditions (GTC) and Terms of Use as well as data protection declarations and other provisions of the individual operators of such online platforms also apply in each case. These provisions inform in particular about the rights of data subjects, which include in particular the right to information.

For our social media presence on Facebook, including the so-called Page Insights, we are jointly responsible with Facebook Ireland Limited in Ireland, if and to the extent that the GDPR is applicable. Page insights provide information about how visitors interact with our Facebook presence. We use Page Insights to provide our social media presence on Facebook in an effective and user-friendly way.

Further information on the nature, scope and purpose of data processing, information on the rights of data subjects and the contact details of Facebook as well as Facebook’s data protection officer can be found in Facebook’s privacy policy (“Data Policy”). We have concluded the so-called “Responsible Party Addendum” with Facebook and have thus agreed in particular that Facebook is responsible for ensuring the rights of data subjects. For the so-called Page Insights, the corresponding information can be found on the pages “Page Insights Information” including “Page Insights Addendum Regarding the Responsible Party” and “Page Insights Data Information” of Facebook respectively.

8. SUCCESS AND REACH MEASUREMENT 

8.1 Google Analytics

We use Google Analytics to analyse how our website is used, including, for example, measuring the reach of our website and the success of third-party links to our website. This is a service provided by the American Google LLC. For users in the European Economic Area (EEA) and in Switzerland, the Irish company Google Ireland Limited is responsible.

Google also attempts to record individual visitors to our website if they use different browsers or devices (cross-device tracking). Cookies are also used for this purpose. Google Analytics requires your Internet Protocol (IP) address, but this is not merged with other Google data.

In any case, we have your Internet Protocol (IP) address anonymised before analysis by Google. As a result, your complete IP address will not be transmitted to Google in the USA.

Further information on the nature, scope and purpose of data processing can be found in Google’s privacy and security policy and data protection statement, in the guidelines on data protection in Google products (including Google Analytics), in the information on how Google uses data from websites on which Google services are used and in the information on cookies at Google. In addition, it is possible to use the “Browser Add-on to deactivate Google Analytics” and to object to personalised advertising.

8.2 WordPress.com Stats

We use WordPress.com Stats, a module of the WordPress extension Jetpack, to measure the reach of our online offer. Cookies are also used in this process. Jetpack is a service provided by Aut O’Mattic A8C Ireland Ltd. in Ireland and Automattic Inc. in the USA, which is known for its WordPress.com service, among other things. Further information on the type, scope and purpose of data processing can be found in Automattic’s privacy policy for websites, in Automattic’s general privacy policy and in the “Jetpack Privacy Center” as well as on the page about cookies at Jetpack.

9. THIRD PARTY SERVICES 

We use third party services to provide our service in a durable, user-friendly, secure and reliable manner. Such services are also used to embed content on our website. Such services – for example hosting and storage services, video services and payment services – require your Internet Protocol (IP) address, as such services cannot otherwise transmit the corresponding content. Such services may be located outside of Switzerland and the European Economic Area (EEA), provided that adequate data protection is guaranteed.

For their own security-related, statistical and technical purposes, third parties whose services we use may also process data in connection with our offer as well as from other sources – including cookies, log files and counting pixels – in aggregated, anonymised or pseudonymised form.

9.1 Digital infrastructure

We use third party services to provide the digital infrastructure required for our services. This includes, for example, hosting and storage services from specialised providers.

In particular, we use:

Amazon Web Services (AWS): storage space and other infrastructure; provider: Amazon Web Services Inc. (USA) for users in Switzerland / Amazon Web Services EMEA SARL (Luxembourg) for users in the European Economic Area (EEA); data protection information: privacy policy (“privacy notice”), “data protection”, “frequently asked questions about data protection”, “data protection basic regulation (GDPR) centre”.

Cloudflare: Content Delivery Network (CDN); Provider: Cloudflare Inc. (USA); Data protection information: Privacy Policy, Cookie Policy.

WordPress.com: Blog hosting and website builder; Provider: Automattic Inc. (USA) / Aut O’Mattic A8C Ireland Ltd. (Ireland) for users in mainland Europe and elsewhere; information on data protection: Privacy Policy, “Automattic and the General Data Protection Regulation (GDPR)”.

9.2 Contact options

We use services of third parties in order to be able to communicate better with you and other persons such as customers. We also ensure appropriate data protection with such third parties.

9.3 Audio and video conferencing

We use audio and video conferencing services to communicate with our customers and others. For example, we may use them to conduct audio and video conferences, virtual meetings and training sessions such as webinars. In addition to this data protection declaration, any terms and conditions of the services used, such as terms of use or data protection declarations, also apply.

9.4 Social media functions and social media content

9.4.1 Facebook

We use social plugins from Facebook to embed Facebook functions and Facebook content on our website. Such functions are, for example, “Like” or “Share”. Cookies are also used in this process. You can find more information on Facebook’s “Social Plug-ins” page.

The social plug-ins are offered by Facebook Ireland Ltd. in Ireland or the American Facebook Inc. If you are logged in to Facebook as a user, Facebook can assign the use of our online offer to your profile. Further information on the type, scope and purpose of data processing can be found in Facebook’s privacy policy (“Data Policy”).

9.4.2 LinkedIn

For our website, we use the option of embedding functions and content from LinkedIn with the help of plugins. We can thus enable you, for example, to use the “Share” function of LinkedIn on our website. Cookies are also used in this process. You can find more information on the page about LinkedIn plugins.

The plugins are offered by LinkedIn Ireland Unlimited Company in Ireland or the American LinkedIn Corporation. If you are registered as a user with LinkedIn, LinkedIn can assign the use of our online offer to your profile. Further information on the type, scope and purpose of data processing can be found in the privacy policy, the cookie policy and on the privacy portal of LinkedIn. You also have the option of objecting to personalised advertising.

9.4.3 XING

We use the option of embedding XING functions and content for our website. For example, we can enable you to use the “Share” function of XING with the corresponding plugins from XING. Cookies are also used in this process.

The plugins are an offer from the German company New Work SE. If you are registered as a user on XING, XING can assign the use of our online service to your profile. Further information on the type, scope and purpose of data processing can be found in the XING privacy policy.

9.5 Maps

9.5.1 We use Google Maps to embed maps on our website. Cookies are also used for this purpose. Google Maps is a service of the American Google LLC. For users in the European Economic Area (EEA) and in Switzerland, the Irish company Google Ireland Limited is responsible. Further information on the nature, scope and purpose of data processing can be found in Google’s privacy and security policy and data protection statement in each case, in the guide to data protection in Google products (including Google Maps), in the information on how Google uses data from websites on which Google services are used and in the information on cookies at Google. In addition, there is the possibility to object to personalised advertising.

9.5.2 We use OpenStreetMap (OSM) to embed maps on our website. Cookies are also used in this process. OSM is a service of the British OpenStreetMap Foundation. Further information on the type, scope and purpose of data processing can be found in the privacy policy of the OpenStreetMap Foundation.

10. EXTENSIONS FOR THE WEBSITE 

We use the WordPress extension Jetpack, which enables various functions that we need for our online offer in the form of modules. Cookies are also used in the process. Jetpack is a service provided by Aut O’Mattic A8C Ireland Ltd. in Ireland and Automattic Inc. in the USA, which is known for its WordPress.com service, among other things. Further information on the type, scope and purpose of data processing can be found in Automattic’s privacy policy for websites, in Automattic’s general privacy policy and in the “Jetpack Privacy Center” as well as on the page about cookies at Jetpack.

11. FINAL PROVISIONS

We have created this privacy policy using the privacy generator of Datenschutzpartner.

We can adapt and supplement this data protection declaration at any time. We will inform about such adjustments and additions in an appropriate form, in particular by publishing the respective current privacy policy on our website.