TitleData Protection Statement
Controllers as per Article 4(7) GDPR
Dimando Digital Sàrl
Avenue d'Ouchy 4
1006 Lausanne
+41 848 26 22 44
info@dimando.com
Security and protection of your personal data
Our top priority is maintaining the confidentiality of the personal data you provide and protecting it from unauthorized access. Therefore, we take the greatest care and use the most state-of-the-art security standards in order to ensure maximum security for your personal data.
As a company under private law, we are subject to the provisions of the European General Protection Data Regulation (GDPR) and the German Federal Data Protection Act (Bundesgesetz über den Datenschutz). We have taken technical and organizational steps to ensure that both we and our external service providers meet the data protection requirements.
Definitions
Legislation requires that personal data be processed lawfully, fairly and in a manner transparent to the data subject (“lawfulness, fairness and transparency”). In order to ensure this, we provide you with information on the individual legal definitions, which are also used in this Data Protection Statement:
1. Personal data
“Personal data” means any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural 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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2. Processing
“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, deletion or destruction.
3. Restriction of processing
“Restriction of processing” means the marking of stored personal data with the aim of limiting their processing in the future.
4. Pseudonymization
“Pseudonymization” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data cannot be attributed to an identified or identifiable natural person.
5. Filing system
“Filing system” means any structured set of personal data which is accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis.
6. Controller
“Controller” means a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
7. Processor
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
8. Recipient
“Recipient” means a natural or legal person, public authority, agency or another body, to which the personal data is disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law are not regarded as recipients; the processing of that data by those public authorities is in compliance with the applicable data protection rules according to the purposes of the processing.
9. Third party
“Third party” means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data;
10. Consent
“Consent” of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
Lawfulness of processing
Processing of personal data is only lawful if a legal basis exists for the process. According to Article 6(1)
points (a)–(f) GDPR, the following in particular can be the legal basis for the processing:
a. the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
b. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
c. processing is necessary for compliance with a legal obligation to which the controller is subject;
d. processing is necessary in order to protect the vital interests of the data subject or of another natural person;
e. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
f. processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Information on the collection of personal data
(1) Below we provide information on the collection of personal data during use of our website. Personal data include names, addresses, email addresses and user behavior, for example.
(2) If you contact us by email or a contact form, we store the data you provide (your email address and, if applicable, your name and telephone) in order to answer your questions. We delete the data created in this connection after storage is no longer required, or, if legal retention requirements exist, after processing is restricted. Data entered in the contact form is encrypted.
Collection of personal data during a visit to our website
During purely informational use of the website, i.e. if you do not register or send us information in another way, we only collect the personal data that your browser sends to our server. If you would like to view our website, we collect the following data, which is necessary for technical reasons in order for us to display our website and ensure stability and security (the legal basis is Article 6(1) sentence 1 point (f) GDPR):
- IP address
- date and time of the query
- time zone difference from Greenwich Mean Time (GMT)
- content of your request (specific page)
- access status/HTTP status code
- data volume transferred
- website from which the request originates
- browser
- operating system and its interface
- language and version of the browser software
Use of cookies
(1) In addition to the above-named data, cookies are stored on your computer during use of our website. Cookies are small text files that are stored on your hard drive in a manner associated with the browser you use and through which certain information is provided to the entity that sets the cookie. Cookies cannot execute programs or transfer viruses to your computer. They serve to make the internet content more user-friendly and effective overall.
(2) This website uses the following types of cookies, the scope and function of which are explained below:
- transient cookies (see (a))
- persistent cookies (see (b))
a. Transient cookies are deleted automatically when you close the browser. These include session cookies in particular. These save a so-called session ID with which the various queries of your browser can be associated with the same session. They allow your computer to be recognized if you return to our website. The session cookies are deleted when you log out or close the browser.
b. Persistent cookies are automatically deleted after a pre-configured amount of time, which can differ depending on the cookie. You can delete the cookies at any time in your browser’s security settings.
c. You can configure your browser settings as you wish and refuse to accept third-party cookies or all cookies, for example. So-called “third party cookies” are cookies that are set by a third party, thus not by the actual website which you are currently viewing. Please note that if you disable cookies, you may not be able to use all the functions of this website.
d. We use cookies in order to identify you for subsequent visits if you have an account with us. Otherwise, you would need to log on for every visit.
Further functions and content of our website
(1) Besides purely informational use of our website, we offer various services that you can use if you are interested. To do so, you normally must provide further personal data, which we use in order to provide the respective service and to which the above-named data processing principles apply
(2) In some cases, we make use of external service providers for processing. We have selected and engaged them carefully; they are bound by our instructions and are audited regularly.
(3) Furthermore, we may share your personal data with third parties when we offer conclusion of agreements or similar services together with partners. You receive further information on this when you provide your personal data or below the description of the offer.
Newsletter
(1) With your consent, you can subscribe to our newsletter, which we use to inform you about our current offers of interest. The goods and services advertised are identified in the declaration of consent.
(2) We use a so-called single opt-in procedure for registration for our newsletter. You can unsubscribe from our newsletter at any time by clicking the “Unsubscribe” button in one of the newsletters or by sending an email to the following address: {email address}
(3) The only information required to send the newsletter is your email address. Providing the other, separately marked data is optional; it is used to address you personally. After your confirmation, we store your email address for the purpose of sending the newsletter. The legal basis is Article 6 (1) sentence 1 point (a) GDPR.
(4) We use “Campaign Monitor”, a service by Campaign Monitor Pty Ltd, i.e. a newsletter tool. Data used in connection with the newsletter is sent in encrypted form to a Campaign Monitor server and stored there. You can find the privacy policy of Campaign Monitor Pty Ltd here: https://www.campaignmonitor.com/policies/#privacy-policy
(3) The only information required to send the newsletter is your email address. Providing the other, separately marked data is optional; it is used to address you personally. After your confirmation, we store your email address for the purpose of sending the newsletter. The legal basis is Article 6 (1)sentence 1 point (a) GDPR.
(4) You can withdraw your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can declare this withdrawal by clicking the link provided in every newsletter email, through this website form, by sending an email to info@dimando.com or by sending a message to the contact data provided in the site notice.
(5) Please note that we analyze your user behavior for sending the newsletter. For this analysis, the emails contain so-called web beacons or tracking pixels, which display one-pixel image files that are stored on our website. For these analyses, we associate the data named in §3 and the web beacons with your email address and an individual ID. The data is collected exclusively in a pseudonymized form, i.e. the IDs are not associated with your other personal data; the possibility of direct reference to your identity is excluded. You can object to this tracking at any time by clicking the separate link that is provided in every email or informing us through another contact channel. This information is stored as long as you remain subscribed to the newsletter. After you unsubscribe, purely statistical and anonymous data storage occurs.
Use of social media plug-ins
(2) We have no influence on the data captured or the data processing procedures, nor do we know the entire scope of data collection, the purpose of processing or the retention periods. We also have no information about the deletion of the collected data by the plug-in provider.
(3) The plug-in provider stores the data collected about you as user profiles and uses them for the purposes of advertising, market research and/or the needs-based design of their website. Such an evaluation takes place, in particular (even for users who are not logged in) to provide needs-based advertising and in order to inform other users in the social network about your activities on our website. You have the right to revoke the creation of these user profiles, although you must contact the respective plug-in provider to exercise this right. Via the plug-ins, we offer you the opportunity to interact with social networks and other users so that we can improve our website presence and make it more interesting for you as a user. The legal basis for the use of plug-ins is Article 6 (1) sentence 1 lit. f GDPR.
(4) Data transmission takes place regardless of whether you have an account with the plug-in provider and are logged on there. If you are logged on to a plug-in provider, your data collected by us are directly associated with the account you have with the plug-in provider. If you click on the activated button and, for example, link the page, the plug-in provider also stores this information in your user account and communicates it publicly to your contacts. We recommend that after using a social network, you regularly log out, but in particular before activating the button, since this enables you to avoid association with your profile by the plug-in provider.
(5) You can find more information about the purpose and scope of data collection and processing by the plug-in provider in their data protection statements, which are given below. You can also find further information there on your rights in this regard and the setting options to protect your privacy.
(6) Addresses of the respective plug-in providers and URLs with their data protection notices:
Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA; http://www.facebook.com/policy.php
http://www.facebook.com/help/186325668085084,
http://www.facebook.com/about/privacy/your-info-on-other#applications http://www.facebook.com/about/privacy/your-info#everyoneinfo https://www.privacyshield.gov/EU-US-Framework.
Twitter, Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA; https://twitter.com/privacy
https://www.privacyshield.gov/EU-US-Framework.
Children
As a general rule, our content is aimed at adults. Persons under 18 should not send us personal data without permission from their parents or legal guardians.
Rights of the data subject
(1) Withdrawal of consent
Insofar as the processing of the personal data is based on consent that has been granted, you have the right to withdraw this consent at any time. The withdrawal of consent does not affect the lawfulness of the processing that occurred on the basis of the consent before the withdrawal.
You can contact info@dimando.com at any time to exercise the right of withdrawal.
(2) Right of confirmation
You have the right to obtain confirmation from the controller as to whether we are processing the personal data concerning you. You can obtain this confirmation at any time using the contact data provided above.
(3) Right of access
Insofar as personal data is processed, you can obtain information about this personal data and about the following at any time:
a. the purposes of the processing;
b. the categories of personal data concerned;
c. the recipients or categories of recipient to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organizations;
d. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
e. the existence of the right to request from the controller rectification or deletion of personal data or restriction of processing of personal data concerning you or to object to such processing;
f. the right to lodge a complaint with a supervisory authority;
g. where the personal data is not collected from the data subject, any available information as to their source;
Where personal data is transferred to a third country or to an international organization, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer. We provide a copy of the personal data that is the object of the processing. The right to obtain a copy referred to in paragraph 3 must not adversely affect the rights and freedoms of others.
(4) Right to rectification
You have the right to rectify inaccurate personal data concerning you without undue delay. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
(5) Right to deletion (“right to be forgotten”)
You have the right to demand that the controller delete personal data concerning you without undue delay, and we have the obligation to erase personal data without undue delay where one of the following grounds applies:
a. the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
b. the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing;
c. the data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR;
d. the personal data has been unlawfully processed;
e. the personal data has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
f. the personal data has been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
Where the controller has made the personal data public and is obliged, pursuant to paragraph 1, to erase the personal data, the controller, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the deletion by such controllers of any links to, or copy or replication of, that personal data.
The right to deletion (“right to be forgotten”) does not exist insofar as the processing is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
- for the establishment, exercise or defense of legal claims.
(6) Right to restriction of processing
You have the right to obtain from us the restriction of processing of your personal data if one of the following conditions is met:
a. 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;
b. the processing is unlawful and the data subject opposes the deletion of the personal data and requests the restriction of their use instead;
c. the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims;
d. the data subject has objected to processing pursuant to Article 21 (1) GDPR pending the verification of whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted in accordance with the above-named prerequisites, such personal data is, with the exception of storage, only processed with the data subject’s consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
To exercise the right to restriction of processing, the data subject can contact us at any time using the contact data given above.
(7) Right to data portability
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit that data to another controller without hindrance from the controller to which the personal data has been provided, where:
a. the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) GDPR; and
b. the processing is carried out by automated means.
In exercising your right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to data portability does not affect the right to deletion (“right to be forgotten”). That right does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
(8) Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR. The controller will no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.
Where personal data is processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing. If you object to processing for direct marketing purposes, the personal data will no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding DIRECTIVE 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
Where personal data is processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), you have, on grounds relating to your particular situation, the right to object to processing of personal data concerning you, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
You can exercise the right to object at any time by contacting the respective controller.
(9) Automated individual decision-making
You have the right not to be subject to a decision based solely on automated processing, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:
a. is necessary for entering into, or performance of, a contract between the data subject and a data controller;
b. is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
c. is based on the data subject’s explicit consent.
The controller implements suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
The data subject can exercise this right at any time by contacting the respective controller.
(10) Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.
(11) Right to an effective judicial remedy
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you have the right to an effective judicial remedy where he or she [sic] considers that his or her [sic] rights under this Regulation have been infringed as a result of the processing of his or her [sic] personal data in non-compliance with this Regulation.
Use of Google Analytics
(1) This website uses Google Analytics, a web service of Google Inc. (“Google”). Google Analytics uses so-called “cookies” – text files that are stored on your computer and that allow an analysis of your use of the website. The information about your use of this website generated by the cookie is normally transferred to a Google server in the USA and stored there. However, if IP anonymization is enabled on this website, Google first truncates your IP address within member states of the European Union or other signatory states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information in order to analyze your use of the website, to compile reports on the website activities and to provide further services for the website operator related to the website use and the internet use.
(2) The IP address provided by your browser as part of Google Analytics is not combined with other data from Google.
(3) You can prevent the storage of cookies with a corresponding setting of your browser software. However, please note that, in that case, you may not be able to use all the functions of this website to their full extent. Furthermore, you can prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) for Google and the processing of this data by Google by downloading and installing the browser plug-in available from the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
(4) Furthermore, you can prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) for Google and the processing of this data by Google by downloading and installing the browser plug-in available from the following link: http://tools.google.com/dlpage/gaoptout?hl=de. As an alternative to the browser add-on, especially for browsing on mobile devices, you can also prevent data collection by Google Analytics byclicking this link. An opt-out cookie is set that prevents future collection of your data when you visit this website. The opt-out cookie is only valid for this browser and our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again
(5) This website uses Google Analytics with the extension “_anonymizeIp()”. As a result, further processing of IP addresses takes place in truncated form; this can exclude the possibility of personal identification. Therefore, if reference to a person occurs through the collected data, it is excluded immediately, and the personal data is deleted right away.
(6) We use Google Analytics in order to be able to analyze the use of our website and regularly improve it. The statistics gathered allow us to improve our content and present it in a way that is more interesting for you as a user. For exceptional cases in which personal data is transferred to the USA, Google has accepted the EU-US Privacy Shield: https://www.privacyshield.gov/EU-US-Framework. The legal basis for use of Google Analytics is Article 6 (1) sentence 1 point (f) GDPR.
(6) Information about the third-party provider: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms of use:
http://www.google.com/analytics/terms/de.html, data protection overview: http://www.google.com/intl/de/analytics/learn/privacy.html and the data protection statement: http://www.google.de/intl/de/policies/privacy.
Processor
We use external service providers (processors), e.g. for sending goods or newsletters and for payment processing. A separate order data processing agreement has been concluded with the service provider in order to ensure the protection of your personal data.
We work with the following service providers:
- Hosting, Support and maintenance of the website: Dimando Marketing & Media Sàrl, Lausanne
- Newsletter: Campaign Monitor Pty Ltd
