Private Policy

The purpose of this Privacy Policy is to inform you about the processing of your personal data that we collect when you visit this website. Our data protection practices comply with the applicable provisions of the Swiss Federal Act on Data Protection (FADP) and the EU General Data Protection Regulation (GDPR).

This Privacy Policy is intended to fulfil the information requirements under the FADP and the GDPR, as set out, for example, in Art. 19 et seq. FADP and Art. 13 et seq. GDPR.

Data Controller

The data controller within the meaning of Art. 5 lit. j FADP and Art. 4 No. 7 GDPR is the person who, alone or jointly with others, determines the purposes and means of processing personal data. Under Art. 4 No. 7 GDPR, the data controller is also considered the recipient of personal data within the meaning of Art. 4 No. 9 GDPR. Any third-party recipients will be identified separately.

With regard to this website, the data controller is:

Marina Dölker – Mediation & Conflict Consulting
Obsthaldenstrasse 189
8046 Zurich
Switzerland
Email: marina.doelker@pm.me
Tel.: +41 78 214 84 30

Provision of the Website and Creation of Log Files

Each time you visit our website, our system automatically collects data and information from the device you are using (e.g. computer, mobile phone, tablet, etc.).

What Personal Data Is Collected and to What Extent Is It Processed?

(1) Information about the type and version of the browser used;
(2) The operating system of the device used to access the website;
(3) The hostname of the accessing computer;
(4) The IP address of the device used to access the website;
(5) The date and time of access;
(6) Websites and resources (images, files and other page content) accessed on our website;
(7) Websites from which the user’s system accessed our website (referrer tracking);
(8) Information on whether the access was successful;
(9) The amount of data transferred.

This data is stored in the log files of our system. The data is not stored together with other personal data relating to a specific user, meaning that individual website visitors cannot be identified.

Legal Basis for the Processing of Personal Data

The processing of personal data is carried out in accordance with the principle of lawfulness (Art. 6 para. 1 FADP) and the principle of good faith (Art. 6 para. 2 FADP and Art. 2 Swiss Civil Code), as well as Art. 6 para. 1 lit. f GDPR (legitimate interests).

Purpose of Data Processing

The temporary (automated) storage of data is necessary to facilitate your visit to the website and to ensure that the website can be delivered correctly. The storage and processing of personal data also serve to maintain the compatibility of our website for as many visitors as possible, as well as to prevent misuse and resolve technical issues.

For this purpose, it is necessary to log technical data from the accessing device so that we can respond as quickly as possible to display errors, attacks on our IT systems and/or functional errors on our website. The data is also used to optimise the website and to ensure the overall security of our information technology systems.

Data Retention Period

The technical data described above is deleted as soon as it is no longer required to ensure the compatibility of the website for all visitors, and in any event no later than three months after your visit to our website.

Right to Restriction, Objection, Rectification and Erasure

You may request the restriction of processing at any time in accordance with Art. 18 GDPR, object to the processing of your personal data in accordance with Art. 21 GDPR, or request the rectification or erasure of your data in accordance with Art. 16 and 17 GDPR. Information on the rights available to you and how to exercise them can be found in the relevant section below.

Special Features of the Website

Our website offers various features that may involve the collection, processing and storage of personal data. Below, we explain how this data is handled:

Contact Form(s)

What Personal Data Is Collected and to What Extent Is It Processed?

We process the personal data that you enter into the input fields of our contact form(s).

Legal Basis for the Processing of Personal Data

Purpose of Data Processing

We use the data submitted via our contact form(s) solely to process the specific enquiry submitted through the form. Please note that, where necessary to respond to your enquiry, we may also send emails to the address you provide. This may include a confirmation that your enquiry has been successfully received. Sending such a confirmation email is not mandatory and is provided solely for your information.

Data Retention Period

Once your enquiry has been processed, the data collected will be deleted without undue delay, unless statutory retention obligations apply.

Right to Restriction, Objection, Rectification and Erasure

Requirement to Provide Personal Data

Use of the contact form is voluntary. You are not required to contact us via the contact form and may instead use any of the other contact options provided on our website. If you wish to use the contact form, you must complete the fields marked as required. If you do not provide the necessary information, you may either be unable to submit your enquiry or we may be unable to process it due to insufficient information.

Disclosure of Personal Data to Third Parties

The processing of personal data is carried out in accordance with the principle of lawfulness (Art. 6 para. 1 FADP) and the principle of good faith (Art. 6 para. 2 FADP and Art. 2 Swiss Civil Code).

The disclosure of personal data to third parties depends on the nature and scope of the activities or services described below that are provided through our website or as part of our business activities.

As a general rule, we retain your personal data only for as long as necessary and treat it confidentially. Exceptions include the disclosure of personal data to debt collection agencies, public authorities and government bodies, as well as private individuals who are legally entitled to receive such information based on statutory provisions, court decisions or official orders. Personal data may also be disclosed to authorities for the purpose of initiating legal proceedings or for law enforcement purposes if our legally protected rights are infringed.

Integration of External Web Services and Processing of Data Outside the EU

Auf unserer Internetseite verwenden wir aktive Inhalte von externen Anbietern, sog. Webservices. Durch Aufruf unserer Internetseite erhalten diese externen Anbieter ggf. personenbezogene Informationen über Ihren Besuch auf unserer Internetseite. Hierbei ist ggf. eine Bearbeitung von Daten ausserhalb der Schweiz und der EU möglich. Sie können dies verhindern, indem Sie ein entsprechendes Browser-Plugin installieren oder das Ausführen von Scripten in Ihrem Browser deaktivieren. Hierdurch kann es zu Funktionseinschränkungen auf Internetseiten kommen, die Sie besuchen.

Wir verwenden auf unserer Seite den Dienst Wix.com / wixapps.net /wixstatic.com / Parastorage.com des Unternehmens Wix.com Ltd., Nemal St. 40, 6350671 Tel Aviv, Israel, E-Mail: support@wix.com, Website: https://de.wix.com/. Die Bearbeitung findet gemäss Einschätzung von Schweizer Behörden in sicheren Drittländern statt. Die Staatenliste der Schweiz sowie weiterführende Informationen finden Sie unter folgendem Link: https://www.edoeb.admin.ch/edoeb/de/home/datenschutz/handel-und-wirtschaft/uebermittlung-ins-ausland.html. Die Bearbeitung erfolgt auch in einem Drittland ausserhalb der EU. Für dieses Drittland besteht ein Angemessenheitsbeschluss der Kommission. Auf der Seite der EU-Kommission (Link: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_de) finden Sie eine aktuelle Liste mit allen Angemessenheitsbeschlüssen.

Rechtsgrundlage für die Übermittlung der personenbezogenen Daten stellt gem. Art. 6 Abs. 1 lit. f DSGVO unser berechtigtes Interesse an der Bearbeitung dar. Unser berechtigtes Interesse liegt in der Erreichung des nachfolgend geschilderten Zwecks.

Bei wix.com handelt es sich um den Hoster unserer Website. Wir benötigen die Einbindung, damit wir Ihnen unsere Internetseite anzeigen können.

Im Hinblick auf die Bearbeitung steht Ihnen das in Art. 21 DSGVO aufgeführte Widerspruchsrecht zu. Nähere Informationen finden Sie am Ende dieser Datenschutzerklärung.

Weitere Informationen zum Handling der übertragenen Daten finden Sie in der Datenschutzerklärung des Anbieters unter https://de.wix.com/about/privacy.

Information on the Use of Cookies

Scope of the Processing of Personal Data

On various pages of our website, we use and integrate cookies to enable certain website functions and to integrate external web services. Cookies are small text files that your browser can store on your device. These text files contain a unique string of characters that allows the browser to be identified when you return to our website. The process of storing a cookie file is also referred to as “setting a cookie.” Cookies may be set either by our website itself or by external web services.

Legal Basis for the Processing of Personal Data

The relevant legal bases are Art. 6 et seq. FADP (principles), as well as Art. 6 para. 1 lit. f GDPR (legitimate interests) and, where applicable, Art. 6 para. 1 lit. a and Art. 9 para. 2 lit. a GDPR (consent).

The applicable legal basis is specified in the cookie table provided below in this section.

In general, where cookies are used on the basis of a legitimate interest, our legitimate interest is to ensure the functionality of our website and the services integrated into it (technically necessary cookies). Cookies may also enhance user-friendliness and enable a more personalised experience. In these cases, we have balanced your interests against our own legitimate interests.

Using cookie technology, we can only identify, analyse and track individual website visitors if they have consented to the use of cookies in accordance with Art. 6 para. 6 FADP or Art. 6 para. 1 lit. a GDPR.

Purpose of Data Processing

Cookies are set by our website or by external web services to ensure the full functionality of our website, improve user-friendliness, or serve the purposes for which you have given your consent. Cookie technology may also enable us to recognise individual visitors using pseudonyms, such as unique or randomly generated IDs, allowing us to provide more personalised services. Further details are provided in the table below.

Data Security and Data Protection, Communication by Email

Your personal data is protected by technical and organisational measures during collection, storage and processing to prevent unauthorised access by third parties. However, we cannot guarantee complete data security during transmission to our IT systems when communicating by unencrypted email. For information requiring a high level of confidentiality, we therefore recommend using encrypted communication or postal mail.

Data Retention Period and Rights of Data Subjects

Data Retention Period

We store personal data only to the extent and for as long as necessary to fulfil the purposes for which it was collected, where we have an overriding legitimate interest in retaining it, or where we are legally required to do so.

Right of Access

You have the right to request confirmation as to whether we process personal data relating to you. If this is the case, you have the right to access the information specified in Art. 25 et seq. FADP or Art. 15 para. 1 GDPR, unless the data controller is entitled to refuse, restrict or defer access in accordance with Art. 26 et seq. FADP or Art. 15 para. 4 GDPR. We will also be happy to provide you with a copy of your personal data.

Right to Rectification

Pursuant to Article 32 Paragraph 1 of the DSG or Article 16 of the GDPR, you have the right to request that inaccurate personal data (such as address, name, etc.) be corrected, provided that no legal obligation prevents this. You can also request that the data we have stored about you be completed at any time. Any such changes will be made immediately.

Right to Erasure

According to Article 17 Paragraph 1 of the GDPR, you have the right to have the personal data we have collected about you deleted if

the data is either no longer needed;
Due to the revocation of your consent, the legal basis for processing has ceased to exist without replacement;
no longer exist as legitimate reasons for processing;
Your data is being processed unlawfully;
a legal obligation requires this.

The right does not exist according to Art. 17 para. 3 GDPR if

the processing is necessary for exercising the right to freedom of expression and information;
Your data has been collected on the basis of a legal obligation;
the processing is necessary for reasons of public interest;
the data are required for the establishment, exercise or defense of legal claims.

Right to Restrict Processing

According to Article 18 Paragraph 1 GDPR, you have the right in certain cases to request the restriction of the processing of your personal data.

This is the case when

the accuracy of your personal data is disputed;
the processing is unlawful and you do not consent to its deletion;
the data are no longer needed for the processing purpose, but the collected data serve the establishment, exercise or defense of legal claims;
An objection has been lodged against the processing pursuant to Art. 21 para. 1 GDPR and it is still unclear which interests prevail.

Right of Withdrawal

If you have given us your explicit consent to the processing of your personal data (Art. 6 para. 6 DSG and Art. 31 para. 1 DSG; Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR), you can withdraw this consent at any time. Please note that this does not affect the lawfulness of the processing carried out based on the consent before its withdrawal. Data that we are legally obligated to retain will be deleted after the retention period expires.

Right to Object

In accordance with Article 21 of the GDPR, you have the right to object at any time to the processing of your personal data that has been collected on the basis of Article 6(1)(f) of the GDPR (within the scope of a legitimate interest). If you have given us your explicit consent to the processing of your personal data (Article 6(6) and Article 31(1) of the GDPR), you can withdraw this consent at any time. Please note that this does not affect the lawfulness of the processing carried out on the basis of the consent before its withdrawal. You only have this right if there are special circumstances that justify the storage and processing of your data. Data that we are legally obligated to retain will be deleted after the retention period expires.

How do you exercise your rights?

You can exercise your rights at any time by contacting us using the contact details below:

Marina Dölker - Mediation & Conflict Consulting
Obsthaldenstrasse 189
8046 Zurich
Switzerland
Email: marina.doelker@pm.me
Tel.: +41782148430

Right to Data Portability

According to Article 20 of the GDPR, you have the right to receive the personal data concerning you. We will provide the data in a structured, commonly used, and machine-readable format. The data can be sent either to you or to a controller designated by you.

We will provide you with the following data upon request:

Data collected on the basis of consent (Art. 31 para. 1 DSG and Art. 6 para. 1 letter a GDPR);
Data that we have received from you in connection with existing contracts (Art. 31 para. 2 letter a DSG as well as Art. 6 para. 1 letter b GDPR and Art. 9 para. 2 letter a GDPR);
Data that has been processed as part of an automated procedure.

We will transfer your personal data directly to a controller of your choice, provided this is technically feasible. Please note that, pursuant to Article 26(1)(b) of the GDPR and Article 20(4) of the DSG, we may not transfer data that infringes upon the legitimate interests of third parties, or may only transfer such data to a limited extent.

Notifications to the FDPIC and the possibility of legal action

According to Article 49 of the Data Protection Act, data subjects may lodge a complaint with the supervisory authority if there are sufficient indications that data processing may violate data protection regulations. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

Further information can be found in the contact form of the FDPIC: https://www.edoeb.admin.ch/edoeb/de/home/deredoeb/kontakt.html

If you suspect that your data is being processed unlawfully on our website, you can seek legal clarification of the issue pursuant to Art. 32 of the Data Protection Act (DSG). Generally, this involves filing a lawsuit under Art. 28 et seq. of the Swiss Civil Code (ZGB). If your data is being processed by federal authorities, the procedure is governed by Art. 41 of the DSG. In this case, you can also contact the Federal Data Protection and Information Commissioner (FDPIC) (see the contact form above).

Right to lodge a complaint with the supervisory authority pursuant to Art. 77 para. 1 GDPR

If you suspect that your data is being processed unlawfully on our website, you can, of course, seek legal clarification of the issue at any time. Furthermore, you have every other legal recourse available to you. Regardless of this, pursuant to Article 77(1) of the GDPR, you have the right to lodge a complaint with a supervisory authority. This right to lodge a complaint under Article 77 of the GDPR applies in the EU member state of your residence, your place of work, and/or the place of the alleged infringement. This means you can choose the supervisory authority to which you submit your complaint from among those locations. The supervisory authority with which the complaint is lodged will then inform you of the progress and outcome of your complaint, including the possibility of a judicial remedy under Article 78 of the GDPR.

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