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Privacy Policy

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With this Privacy Policy, we provide information about the processing of personal data in connection with our activities and operations, including our website under the domain name kanou.ch. In particular, we provide information about what personal data we process, how, where, and for what purpose. We also provide information about the rights of individuals whose data we process.

For specific or additional activities and operations, we may publish further privacy policies or other information relating to data protection.

We are subject to Swiss law and, where applicable, foreign law, in particular that of the European Union (EU) with the General Data Protection Regulation (GDPR).

By decision of 26 July 2000, the European Commission recognised that Swiss data protection law ensures an adequate level of data protection. With its report of 15 January 2024, the European Commission confirmed this adequacy decision.

1. Contact details

The controller responsible for data protection matters is:

Kanou GmbH
Kanou GmbH
Alte Landstrasse 3
8808 Pfäffikon SZ
Switzerland

info@kanou.ch

In individual cases, third parties may be responsible for the processing of personal data, or joint responsibility with third parties may exist. Upon request, we will be happy to provide data subjects with information about the respective responsibility.

2. Terms and legal bases

2.1 Terms

Data subject: Natural person whose personal data we process.

Personal data: Any information relating to an identified or identifiable natural person.

Special categories of personal data: Data relating to trade union, political, religious or philosophical views and activities, data concerning health, intimate life or racial or ethnic origin, genetic data, biometric data uniquely identifying a natural person, data relating to criminal and administrative sanctions or proceedings, and data relating to social assistance measures.

Processing: Any handling of personal data, regardless of the means and procedures used, for example the collection, recording, organisation, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure, dissemination, alignment, combination, archiving, deletion, destruction or other processing of personal data.

European Economic Area (EEA): Member States of the European Union (EU) as well as the Principality of Liechtenstein, Iceland and Norway.

2.2 Legal bases

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

We process personal data – where and insofar as the General Data Protection Regulation (GDPR) is applicable – on the basis of at least one of the following legal bases:

  • Art. 6 para. 1 lit. b GDPR for the necessary processing of personal data for the performance of a contract with the data subject and for the implementation of pre-contractual measures.
  • Art. 6 para. 1 lit. f GDPR for the necessary processing of personal data in order to safeguard legitimate interests – including the legitimate interests of third parties – provided that the fundamental freedoms and rights and interests of the data subject do not prevail. Such interests include in particular the long-term, human-friendly, secure and reliable performance of our activities and operations, the assurance of information security, protection against misuse, the enforcement of our own legal claims and compliance with Swiss law.
  • Art. 6 para. 1 lit. c GDPR for the necessary processing of personal data in order 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 GDPR for the necessary processing of personal data for the performance of a task carried out in the public interest.
  • Art. 6 para. 1 lit. a GDPR for the processing of personal data with the consent of the data subject.
  • Art. 6 para. 1 lit. d GDPR for the necessary processing of personal data in order to protect vital interests of the data subject or another natural person.
  • Art. 9 para. 2 et seq. GDPR for the processing of special categories of personal data, in particular with the consent of the data subjects.

The General Data Protection Regulation (GDPR) refers to the processing of personal data as the processing of personal data and to the processing of special categories of personal data as the processing of special categories of personal data (Art. 9 GDPR).

3. Type, scope and purpose of the processing of personal data

We process the personal data that is necessary in order to be able to carry out our activities and operations on a long-term, human-friendly, secure and reliable basis. The personal data processed may in particular fall into the categories of browser and device data, content data, communication data, metadata, usage data, master data including inventory and contact data, location data, transaction data, contract data and payment data. Personal data may also constitute special categories of personal data.

We also process personal data that we receive from third parties, obtain from publicly accessible sources or collect in the course of our activities and operations, insofar as such processing is permitted.

We process personal data, where necessary, with the consent of the data subjects. In many cases, we may process personal data without consent, for example in order to fulfil legal obligations or safeguard overriding interests. We may also ask data subjects for their consent even where such consent is not required.

We process personal data for the duration necessary for the respective purpose. In particular, we anonymise and/or delete personal data depending on statutory retention and limitation periods.

4. Disclosure of personal data

We may disclose personal data to third parties, have it processed by third parties or process it jointly with third parties. Such third parties may, for example, be specialised service providers whose services we use. Such third parties may in turn disclose personal data to third parties.

In the course of our activities and operations, we may in particular disclose personal data to banks and other financial service providers, authorities, educational and research institutions, consultants and lawyers, accounting and fiduciary service providers, debt collection companies, interest groups, IT service providers, cooperation partners, credit agencies and business information services, logistics and shipping companies, marketing and advertising agencies, media, parent, sister and subsidiary companies, organisations and associations, social institutions, telecommunications companies, insurers and payment service providers.

5. Communication

We process personal data in order to be able to communicate with individuals as well as with authorities, organisations and companies. In particular, we process data that a data subject transmits to us when contacting us, for example by post or email. We may store such data in an address book or using comparable tools.

Third parties who transmit data about other persons to us are legally obliged to independently ensure the data protection of those data subjects. In particular, they must ensure that they are permitted to transmit such data and that the transmitted data is accurate.

6. Data security

We take appropriate technical and organisational measures to ensure a level of data security appropriate to the respective risk. In particular, our measures ensure the confidentiality, availability, traceability and integrity of the personal data processed, although we cannot guarantee absolute data security.

Access to our website and our other digital presence takes place by means of transport encryption (SSL / TLS, in particular using the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers warn against visiting a website without transport encryption.

Our digital communication is subject – like all digital communication in principle – to mass surveillance without cause or suspicion by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We have no direct influence on the corresponding processing of personal data by intelligence services, police authorities and other security authorities. Nor can we rule out that a data subject is being specifically monitored.

7. Personal data abroad

We process personal data primarily in Switzerland and in the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular in order to process it there or have it processed there.

We may export personal data to all countries on Earth and elsewhere in the universe, provided that the law there ensures adequate data protection according to the decision of the Swiss Federal Council and – where and insofar as the General Data Protection Regulation (GDPR) is applicable – also according to the decision of the European Commission.

We may transfer personal data to countries whose laws do not ensure adequate data protection if data protection is otherwise guaranteed, in particular on the basis of standard data protection clauses or other suitable safeguards. By way of exception, we may export personal data to countries without adequate or suitable data protection if the specific legal requirements under data protection law are met, for example the explicit consent of the data subjects or a direct connection with the conclusion or performance of a contract. Upon request, we will be happy to provide data subjects with information about any safeguards or deliver a copy of any safeguards.

8. Rights of data subjects

8.1 Data protection claims

We grant data subjects all claims in accordance with applicable law. In particular, data subjects have the following rights:

  • Access: Data subjects may request information on whether we process personal data concerning them and, if so, which personal data is concerned. Data subjects also receive the information necessary to assert their data protection claims and to ensure transparency. This includes the personal data processed as such, but also, among other things, information on the purpose of processing, the duration of storage, any disclosure or export of data to other countries and the origin of the personal data.
  • Rectification and restriction: Data subjects may have inaccurate personal data corrected, incomplete data completed and the processing of their data restricted.
  • Possibility to state one’s own point of view and request human review: In the case of decisions based exclusively on automated processing of personal data which have legal effects concerning them or similarly significantly affect them (automated individual decisions), data subjects may state their own point of view and request review by a human being.
  • Erasure and objection: Data subjects may have personal data erased (“right to be forgotten”) and object to the processing of their data with effect for the future.
  • Data release and data portability: Data subjects may request the release of personal data or the transfer of their data to another controller.

We may delay, restrict or refuse the exercise of the rights of data subjects to the extent permitted by law. We may inform data subjects of any requirements to be met for the exercise of their data protection claims. For example, we may refuse to provide information in whole or in part with reference to confidentiality obligations, overriding interests or the protection of other persons. We may also, for example, refuse to delete personal data in whole or in part, in particular with reference to statutory retention obligations.

In exceptional cases, we may provide for costs for the exercise of rights. We inform data subjects in advance about any such costs.

We are obliged to identify data subjects who request information or assert other rights by appropriate measures. Data subjects are obliged to cooperate.

8.2 Legal remedies

Data subjects have the right to enforce their data protection claims through legal proceedings or to file a report or complaint with a data protection supervisory authority.

The data protection supervisory authority for private controllers and federal bodies in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

European data protection supervisory authorities are organised as members of the European Data Protection Board (EDPB). In some member states in the European Economic Area (EEA), the data protection supervisory authorities are organised on a federal basis, particularly in Germany.

9. Use of the website

9.1 Cookies

We may use cookies. Cookies – both our own cookies (first-party cookies) and cookies from third parties whose services we use (third-party cookies) – are data stored in the browser. Such stored data does not have to be limited to traditional text-form cookies.

Cookies can be stored temporarily in the browser as “session cookies” or for a certain period as so-called permanent cookies. “Session cookies” are deleted automatically when the browser is closed. Permanent cookies have a specific storage period. Cookies make it possible in particular to recognise a browser on the next visit to our website and thus, for example, to measure the reach of our website. Permanent cookies may, however, also be used for online marketing purposes.

Cookies can be fully or partially deactivated, restricted or deleted at any time in the browser settings. Browser settings often also allow automated deletion and other management of cookies. Without cookies, our website may no longer be fully available. We actively request – at least where and insofar as required by applicable law – explicit consent for the use of cookies.

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

9.2 Logging

For every access to our website and our other digital presence, we may log at least the following information, provided that such information is determined or transmitted by default when accessing our digital infrastructure: date and time including time zone, IP address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual subpage of our website accessed including the amount of data transferred, the last webpage accessed in the same browser window (referrer).

We log such information, which may also constitute personal data, in log files. The information is necessary in order to be able to provide our digital presence on a long-term, human-friendly and reliable basis. The information is also necessary in order to ensure data security – including by third parties or with the help of third parties.

9.3 Tracking pixels

We may integrate tracking pixels into our digital presence. Tracking pixels are also referred to as web beacons. Tracking pixels – including those of third parties whose services we use – are usually small, invisible images or scripts formulated in JavaScript that are automatically retrieved when our digital presence is accessed. Tracking pixels can collect at least the same information as when logging in log files.

10. Notifications and messages

10.1 Success and reach measurement

Notifications and messages may contain web links or tracking pixels that record whether an individual message was opened and which web links were clicked. Such web links and tracking pixels may also record the use of notifications and messages on a personal basis. We require this statistical recording of usage for success and reach measurement in order to be able to send notifications and messages effectively and in a human-friendly as well as secure, reliable and long-term manner based on the needs and reading habits of recipients.

10.2 Consent and objection

As a general rule, you must consent to the use of your email address and your other contact details, unless such use is permissible on other legal grounds. Where applicable, we may use the “double opt-in” procedure to obtain double-confirmed consent. In this case, you will receive a message with instructions for double confirmation. For evidentiary and security reasons, we may log any consent obtained, including the IP address and timestamp.

As a general rule, you may object at any time to receiving notifications and messages such as newsletters. By making such an objection, you may at the same time object to the statistical recording of usage for success and reach measurement. Necessary notifications and messages in connection with our activities and operations remain reserved.

11. Social media

We are present on social media platforms and other online platforms in order to communicate with interested persons and to provide information about our activities and operations. In connection with such platforms, personal data may also be processed outside Switzerland and the European Economic Area (EEA).

The general terms and conditions (GTC), terms of use, privacy policies and other provisions of the respective operators of such platforms also apply in each case. These provisions provide information in particular about the rights of data subjects directly vis-à-vis the respective platform, including, for example, the right of access.

For our social media presence on Facebook, including so-called Page Insights, we are – where and insofar as the General Data Protection Regulation (GDPR) is applicable – jointly responsible with Meta Platforms Ireland Limited (Ireland). Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). Page Insights provide information on how visitors interact with our Facebook presence. We use Page Insights in order to provide our social media presence on Facebook effectively and in a human-friendly manner.

Further information on the type, scope and purpose of data processing, information on the rights of data subjects as well as Facebook’s contact details, including those of Facebook’s data protection officer, can be found in the Facebook Privacy Policy. We have concluded the so-called “Controller Addendum” with Facebook and thereby agreed in particular that Facebook is responsible for ensuring the rights of data subjects. For the so-called Page Insights, the relevant information can be found on the page “Information on Page Insights”, including “Information on Page Insights Data”.

12. Third-party services

We use services provided by specialised third parties in order to be able to carry out our activities and operations on a long-term, human-friendly, secure and reliable basis. Among other things, such services allow us to embed functions and content into our website. In the case of such embedding, the services used record at least the users’ IP addresses temporarily for technically necessary reasons.

For necessary security-related, statistical and technical purposes, third parties whose services we use may process data in connection with our activities and operations in aggregated, anonymised or pseudonymised form. This includes, for example, performance or usage data in order to be able to provide the respective service.

We use in particular:

12.1 Digital infrastructure

We use services provided by specialised third parties in order to be able to make use of the digital infrastructure required in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers.

We use in particular:

12.2 Fonts

We use third-party services in order to embed selected fonts as well as icons, logos and symbols into our website.

13. Website extensions

We use extensions for our website in order to be able to use additional functions. We may use selected services from suitable providers or use such extensions on our own digital infrastructure.

We use in particular:

14. Success and reach measurement

We seek to measure the success and reach of our activities and operations. In this context, we may also measure the effect of third-party notices or review how different parts or versions of our digital presence are used (“A/B testing” method). Based on the results of success and reach measurement, we may in particular correct errors, strengthen popular content or make improvements.

For success and reach measurement, the IP addresses of individual users are recorded in most cases. In such cases, IP addresses are generally shortened (“IP masking”) in order to follow the principle of data minimisation through corresponding pseudonymisation.

Cookies may be used and user profiles may be created for success and reach measurement. Any user profiles created may include, for example, the individual pages visited or content viewed on our digital presence, information on screen size or browser window size and the – at least approximate – location. As a general rule, any user profiles are created exclusively in pseudonymised form and are not used to identify individual users. Individual third-party services with which users are logged in may possibly assign the use of our online offering to the user account or user profile with the respective service.

We use in particular:

15. Final notes on this Privacy Policy

We may update this Privacy Policy at any time. We will provide information about updates in an appropriate form, in particular by publishing the current Privacy Policy on our website.