Data protection declaration in accordance with the Federal Data Protection Act (revDSG) and the EU General Data Protection Regulation (GDPR)
I. Name and address of the person responsible
Sana Creation Karthigesu
Ländtestrasse 49, 2503 Biel
Tel: +41 78 918 12 25
Email: sanacreationswiss@gmail.com
II. General information on data processing
1. Scope of processing of personal data
We generally only process our users' personal data to the extent that this is necessary to provide a functional website and our content and services. Our users' personal data is usually only processed after the user has given their consent. An exception applies in cases where prior consent cannot be obtained for actual/objective reasons and the processing of the data is permitted by law.
2. Legal basis for the processing of personal data
If we obtain the consent of the data subject for the processing of personal data, Art. 6 (6,7) revDSG and Art. 6 (1) lit. a of the EU General Data Protection Regulation (GDPR) serve as the legal basis. If personal data is required to fulfill a contract to which the data subject is a party, Art. 6 (1) lit. b of the GDPR serve as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
If the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 (1) lit. c of the GDPR serve as the legal basis. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 revDSG and Art. 6 Para. 1 lit. d GDPR serve as the legal basis. If processing is necessary to safeguard a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 revDSG and Art. 6 Para. 1 lit. f GDPR serve as the legal basis for processing.
3. Data deletion and storage period
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Storage may also take place if this has been provided for by the Swiss or European legislator or in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or deleted if a storage period prescribed by the standards mentioned expires, unless there is a need to continue storing the data for the conclusion or fulfillment of a contract.
III. Provision of the website and creation of log files
1. Description and scope of data processing
Every time our website is accessed, our system automatically records data and information from the computer system of the accessing computer. The following data is collected:
(1) The user's IP address
(2) Date and time of access
The data is also stored in the log files of our system. This does not affect the user's IP addresses or other data that enable the data to be assigned to a user. This data is not stored together with other personal data of the user.
2. Legal basis for data processing If IP addresses are stored in log files: The legal basis for the temporary storage of data and log files is Art. 7 revDSG and Art. 6 Paragraph 1 Letter f. GDPR.
3. Purpose of data processing The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this purpose, the user’s IP address must be stored for the duration of the session.
4. Duration of storage The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. If the data is collected to provide the website, this is the case when the respective session has ended.
5. Possibility of objection and removal The collection of data to provide the website and the storage of data in log files is essential for the trouble-free operation of the website. The user therefore has no option to object.
IV. Collection and processing of data
1. Description and scope of data processing The following data is collected during registration:
(1) IP address of the accessing computer
(2) Date and time of registration
(3) Internet browser
(4) Operating system For the processing of data, reference is made to this data protection declaration during the registration process.
2. Legal basis for data processing
The legal basis for the processing of data after registration by the user is Art. 6 revDSG and Art. 6 Para. 1 lit. a GDPR.
3. Purpose of data processing
The collection of personal data during the registration process serves to satisfy the legitimate interest of the website operator in a trouble-free and error-free presentation and optimization of its website.
4. Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected.
5. Possibility of objection and removal
You can revoke your consent to data processing at any time. All you need to do is send an informal email to ZIMB AG. The data collected up to the time of revocation and their legality remain unaffected.
V. Email contact
1. Description and scope of data processing On our website, users can contact us electronically via our email address. If a user takes advantage of this option, the data entered in the email will be sent to us and stored. This data is:
(1) Email address
(2) First and last name
(3) Date
(4) Concern
In this context, the data will not be passed on to third parties. The data will only be used to process the conversation.
2. Legal basis for data processing
The legal basis for processing the data transmitted when sending an email is Art. 6 revDSG and Art. 6 Para. 1 lit. f GDPR. If the email contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 Paragraph 1 Letter b of GDPR.
3. Purpose of data processing The processing of data from email traffic is stored for the purpose of contacting the potential client/customer. This data is stored by us and kept until the client/customer requests us to delete it. This does not affect storage on the basis of legal provisions, in particular statutory retention periods.
4. Duration of storage The data from email traffic is stored permanently until the insured person or the insurance company requests deletion.
5. Possibility of objection and removal
The user has the option of revoking his consent to the processing of personal data at any time. If the user contacts us by email, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. The user can object to the processing and storage of his personal data at any time without any formalities by sending an email to ZIMB AG. In this case, all personal data stored during the contact process will be deleted.
VIII. Rights of the data subject
The following list includes all rights of the data subject in accordance with the revised DSG and the GDPR. Rights that are not relevant to your own website do not need to be mentioned.
If your personal data is processed, you are a data subject within the meaning of the revised DSG and the GDPR and you have the following rights vis-à-vis the controller:
1. Right to information
You can request confirmation from the controller as to whether personal data concerning you is being processed by us. If such processing takes place, you can request information from the controller about the following:
(1) the purposes for which the personal data are processed
(2) the categories of personal data that are processed
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed
(4) the planned duration of storage of the personal data concerning you or, if specific information is not possible, criteria for determining the storage period
(5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing
(6) the existence of a right to lodge a complaint with the Federal Data Protection and Information Commissioner (FDPIC) or with a supervisory authority (EU)
(7) all available information about the origin of the data if the personal data are not collected from the data subject
(8) the existence of automated decision-making, including profiling, in accordance with Art. 22 Para. 1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information about whether the personal data concerning you will be transferred to a third country or to an international organization. In this context, you can request to be informed of the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.
2. Right to rectification
You have the right to have the personal data concerning you rectified and/or completed by the controller if the personal data concerning you that are processed are incorrect or incomplete. The controller must carry out the rectification immediately.
3. Right to restriction of processing
You can request restriction of processing of personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period that enables the controller to verify the accuracy of the personal data
(2) the processing is unlawful and you refuse to delete the personal data and instead request restriction of the use of the personal data
(3) the controller no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
(4) if you have objected to processing pursuant to Art. 21 Para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh your reasons.
If the processing of personal data concerning you has been restricted, this data may - apart from its storage - only be processed with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of Switzerland and the Union or a member state.
If the restriction of processing has become effective in accordance with the above-mentioned requirements, you will be informed by the responsible party before the restriction is lifted.
4. Right to erasure
a) Obligation to erase
You can request that the responsible party erase the personal data concerning you immediately, and the responsible party is obliged to erase this data immediately if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent on which the processing was based in accordance with Art. 6 revDSG and Art. 6 Para. 1 lit. a or Art. 9 Para. 2 lit. a GDPR, and there is no other legal basis for the processing.
(3) You object to the processing in accordance with Art. 21 Para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing in accordance with Art. 21 Para. 2 GDPR.
(4) The personal data concerning you have been processed unlawfully.
(5) The deletion of the personal data concerning you is necessary to fulfill a legal obligation under Swiss law or EU law or the law of the EU Member States to which the controller is subject.
(6) The personal data concerning you were collected in relation to information society services offered in accordance with Art. 8 Para. 1 GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to delete it in accordance with Art. 6 (5) and Art. 17 (1) GDPR, he shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as the data subject, have requested that they delete all links to these personal data or copies or replications of these personal data.
c) Exceptions
The right to erasure does not apply if processing is necessary
(1) to exercise the right to freedom of expression and information
(2) to fulfil a legal obligation that requires processing under Swiss or EU law or the law of the EU Member States to which the controller is subject, or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller
(3) for reasons of public interest in the area of public health pursuant to Art. 9 (2)(h) and (i) and Art. 9 (3) GDPR
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR, insofar as the right referred to in section a) is likely to make the realisation of the objectives of this processing impossible or seriously compromises it, or
(5) to assert, exercise or defend legal claims.
5. Right to information
If you have asserted your right to rectification, erasure or restriction of processing vis-à-vis the responsible party, the responsible party is obliged to inform all recipients to whom the personal data concerning you was disclosed of said rectification, erasure or restriction of processing, unless doing so should prove impossible or involve disproportionate expenditure. You have the right to be informed by the responsible party of these recipients.
6. Right to data portability
You have the right to receive the personal data concerning you that you have made available to the responsible party in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was made available, provided that
(1) the processing is based on consent in accordance with Art. 6 Para. 7 and Art. 6 Para. 1 lit. a GDPR or Art. 9 Para. 2 lit. a GDPR or on a contract in accordance with Art. 6 Para. 1 lit. b GDPR and
(2) the processing is carried out using automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be impaired by this.
The right to data portability does not apply to the processing of personal data that 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.
7. Right of objection
You have the right to object at any time to the processing of personal data concerning you based on Art. 6 revDSG and Art. 6 Paragraph 1 Letter e or f of GDPR for reasons arising from your particular situation; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims. If the personal data concerning you are processed in order to conduct direct advertising, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is related to such direct advertising.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
In connection with the use of information society services, you have the option of exercising your right of objection by means of automated procedures that use technical specifications, regardless of EU Directive 2002/58/EC.
8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
9. Automated decision in individual cases, including profiling
You have the right not to be subjected to a decision based exclusively on automated processing - including profiling - that has legal consequences for you or significantly affects you in a similar way. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller,
(2) is permitted by Swiss, EU or EU Member State law to which the controller is subject, and this law contains appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, or
(3) is made with your explicit consent
However, these decisions must not be based on special categories of personal data pursuant to Art. 9 (1) GDPR, unless Art. 9 (2)(a) or (g) GDPR applies and appropriate measures have been taken to protect your rights and freedoms and legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard your rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express your own point of view and to contest the decision.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with the FDPIC, a supervisory authority, in particular in the respective EU Member State of your residence, place of work or place of the alleged infringement, if you believe that the processing of personal data concerning you violates the revised GDPR and/or GDPR.
The FDPIC or the supervisory authority to which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR
