Privacy Policy

With this Privacy Policy, we inform you about which personal data we process in connection with our activities and operations, including our website https://www.lubafuma.ch/. In particular, we explain for what purposes, how, and where we process which personal data. We also inform you about the rights of individuals whose data we process.

For individual or additional activities and operations, further privacy policies as well as other legal documents such as General Terms and Conditions (GTC), Terms of Use, or Participation Conditions may apply.

We are subject to Swiss data protection law and, where applicable, foreign data protection law, in particular that of the European Union (EU) under the General Data Protection Regulation (GDPR). The European Commission recognizes that Swiss data protection law provides an adequate level of data protection.

1. Contact Detail

Verantwortung für die Bearbeitung von Personendaten:

LubaFuma GmbH
Altenmatteweg 2
4144 Arlesheim, Switzerland

kontakt@lubafuma.ch

In individual cases, there may be other controllers responsible for the processing of personal data or joint controllership with at least one other controller.

2. Definitions and Legal Bases

2.1 Definitions

Personal data means any information relating to an identified or identifiable natural person. A data subject is a person about whom we process personal data.

Processing includes any handling of personal data, regardless of the means and procedures used, for example collecting, recording, obtaining, retrieving, consulting, comparing, adapting, organizing, structuring, storing, archiving, retaining, disclosing, making available, transmitting, disseminating, linking, erasing, deleting, destroying, and using personal data.

The European Economic Area (EEA) includes the member states of the European Union (EU) as well as 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 Bases

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

Where and insofar as the GDPR is applicable, we process personal data on the basis of at least one of the following legal grounds:

Art. 6(1)(b) GDPR for processing necessary for the performance of a contract with the data subject and for the implementation of pre-contractual measures.
Art. 6(1)(f) GDPR for processing necessary to safeguard our legitimate interests or those of third parties, provided that the fundamental rights and freedoms as well as the interests of the data subject do not prevail. Legitimate interests include, in particular, our interest in carrying out our activities and operations in a sustainable, user-friendly, secure, and reliable manner and being able to communicate about them; ensuring information security; protection against misuse; enforcing our own legal claims; and compliance with Swiss law.
Art. 6(1)(c) GDPR for processing necessary to comply with a legal obligation to which we are subject under applicable law of EEA member states.
Art. 6(1)(e) GDPR for processing necessary for the performance of a task carried out in the public interest.
Art. 6(1)(a) GDPR for processing based on the data subject’s consent.
Art. 6(1)(d) GDPR for processing necessary to protect vital interests of the data subject or another natural person.

3. Type, Scope, and Purpose

We process the personal data required to carry out our activities and operations in a sustainable, user-friendly, secure, and reliable manner. Such personal data may fall in particular into the categories of master and contact data, browser and device data, content data, metadata and usage data, location data, sales data, as well as contract and payment data.

We process personal data for as long as required for the respective purpose(s) or as required by law. Personal data that is no longer required will be anonymized or deleted.

We may have personal data processed by third parties. We may process personal data jointly with third parties or transfer it to third parties. Such third parties are, in particular, specialized providers whose services we use. We ensure data protection also with such third parties.

As a rule, we process personal data only with the consent of the data subjects. Where and insofar as processing is permitted on other legal grounds, we may refrain from obtaining consent. For example, we may process personal data without consent in order to perform a contract, comply with legal obligations, or protect overriding interests.

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 legally permissible.

4. Communication

We process personal data in order to be able to communicate with third parties. In this context, we process in particular data that a data subject provides when contacting us, for example by postal mail or email. We may store such data in an address book or with comparable tools.

Third parties who transmit data about other persons are obliged to ensure data protection for those data subjects. This includes ensuring, among other things, the accuracy of the personal data transmitted.

We use selected services from suitable providers to communicate with third parties more effectively.

In particular, we use:

bexio: Customer Relationship Management (CRM); Provider: bexio AG (Switzerland); Privacy information: Privacy Policy, “Cloud and Data Security”, “Data Security – Definition and Measures for Businesses”.
Copper: Customer Relationship Management (CRM); Provider: Copper CRM Inc. (USA); Privacy information: Privacy Policy, “Data Privacy and Security at Copper”.

5. Data Security

We implement appropriate technical and organizational 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 absolute data security cannot be guaranteed. Access to our website and other online presence is secured using transport encryption (SSL/TLS, in particular HTTPS). Most browsers indicate transport encryption with a small padlock icon in the address bar.

Our digital communication is subject, like digital communication in general, to mass surveillance without cause or suspicion by security authorities in Switzerland, in the rest of Europe, in the United States of America (USA), and in other countries. We have no direct influence on the corresponding processing of personal data by intelligence services, police authorities, and other security agencies. We also cannot rule out that individual data subjects may be subject to targeted surveillance.

6. Personal Data Abroad

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

We may export personal data to all states and territories on Earth and elsewhere in the universe, provided that the applicable law ensures adequate data protection pursuant to a decision of the Swiss Federal Council and, where and insofar as the GDPR applies, pursuant to a decision of the European Commission.

We may transfer personal data to countries whose laws do not provide adequate data protection, provided that data protection is ensured by other means, in particular on the basis of standard data protection clauses or other appropriate safeguards. In exceptional cases, we may export personal data to countries without adequate or appropriate data protection if the special 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 provide data subjects with information about any safeguards or provide a copy of such safeguards.

7. Rights of Data Subjects

7.1 Data Protection Rights

We grant data subjects all rights provided under applicable data protection law. In particular, data subjects have the following rights:

Access: Data subjects may request information on whether we process personal data about them and, if so, which personal data. They also receive the information required to assert their rights and to ensure transparency. This includes the personal data processed as such as well as, among other things, information on the purpose of processing, the retention period, 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.
Erasure and objection: Data subjects may request the deletion of personal data (“right to be forgotten”) and object to the processing of their data with effect for the future.
Data disclosure and data portability: Data subjects may request the disclosure of personal data or the transfer of their data to another controller.

We may postpone, restrict, or refuse the exercise of data subjects’ rights to the extent permitted by law. For example, we may refuse access in whole or in part by reference to trade secrets or the protection of other persons. We may also refuse deletion in whole or in part by reference to statutory retention obligations.

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

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

7.2 Legal Remedies

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

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

European data protection supervisory authorities for complaints by data subjects, where and insofar as the GDPR applies, are organized as members of the European Data Protection Board (EDPB). In some EEA member states, supervisory authorities are federally structured, in particular in Germany.

8. Use of the Website

We may use cookies. Cookies, including 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 is not limited to traditional text-based cookies.

8.1 Cookies

Cookies may be stored in the browser temporarily as “session cookies” or for a certain period as so-called persistent cookies. “Session cookies” are automatically deleted when the browser is closed. Persistent cookies have a defined storage period. Cookies make it possible, in particular, to recognize a browser on the next visit to our website and thereby, for example, measure the reach of our website. Persistent cookies may also be used, for example, for online marketing.

Cookies can be deactivated and deleted at any time in the browser settings, in whole or in part. Without cookies, our website may no longer be fully available. We actively request explicit consent for the use of cookies, at least where and insofar as required.

For cookies used for performance and reach measurement or for advertising, a general opt-out is available for many 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).

8.2 Logging

For each access to our website and other online presence, we may log at least the following information, provided it is transmitted to our digital infrastructure during such access: 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, the specific subpage of our website accessed including the volume of data transferred, and the last website accessed in the same browser window (referrer).

We log such information, which may also constitute personal data, in log files. This information is required in order to provide our online presence on an ongoing basis in a user-friendly and reliable manner. It is also required in order to ensure data security, including by third parties or with the assistance of third parties.

8.3 Tracking Pixels

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

9. Notifications and Messages

We send notifications and messages by email and via other communication channels, such as instant messaging or SMS.

9.1 Performance and Reach Measurement

Notifications and messages may contain web links or tracking pixels that record whether an individual message has been 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 performance and reach measurement in order to send notifications and messages effectively and in a user-friendly manner, and on an ongoing, secure, and reliable basis, based on the needs and reading habits of recipients.

9.2 Consent and Objection

As a rule, you must consent to the use of your email address and your other contact addresses unless such use is permitted on other legal grounds. To obtain double-confirmed consent, we may use the “double opt-in” procedure. In that case, you will receive a message with instructions for the second confirmation. We may log consents obtained, including IP address and timestamp, for evidentiary and security purposes.

You may object to receiving notifications and messages such as newsletters at any time. By objecting, you may also object to the statistical recording of usage for performance and reach measurement. Mandatory notifications and messages in connection with our activities and operations remain reserved.

9.3 Service Providers for Notifications and Messages

We send notifications and messages with the help of specialized service providers.

10. 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) and terms of use, as well as the privacy policies and other provisions of the respective platform operators, also apply. These provisions inform, 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 jointly responsible with Meta Platforms Ireland Limited (Ireland), where and insofar as the GDPR applies. Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). Page Insights provide information about how visitors interact with our Facebook presence. We use Page Insights to provide our Facebook presence effectively and in a user-friendly manner.

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

11. Third-Party Services

We use services from specialized third parties in order to carry out our activities and operations on an ongoing basis in a user-friendly, secure, and reliable manner. Among other things, such services enable us to embed functions and content in our website. In the case of such embedding, the services used collect users’ IP addresses at least 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, anonymized, or pseudonymized form. This includes, for example, performance or usage data in order to provide the respective service.

11.1 Digital Infrastructure

We use services from specialized third parties to obtain the digital infrastructure required in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers.

11.2 Automation and Integration of Apps and Services

We use specialized platforms to integrate and connect existing apps and services from third parties. With such “no-code” platforms, we may also automate processes and activities using apps and services from third parties.

11.3 Scheduling

We use services from specialized third parties to schedule appointments online, for example for meetings. In addition to this Privacy Policy, any conditions of the services used that are directly visible (such as terms of use or privacy policies) may also apply.

11.4 Audio and Video Conferences

We use specialized audio and video conferencing services to communicate online. This allows us, for example, to hold virtual meetings or conduct online lessons and webinars. For participation in audio and video conferences, the legal texts of the respective services, such as privacy policies and terms of use, also apply.

Depending on personal circumstances, we recommend muting the microphone by default when participating in audio or video conferences and blurring the background or using a virtual background.

11.5 Online Collaboration

We use third-party services to enable online collaboration. In addition to this Privacy Policy, any conditions of the services used that are directly visible (such as terms of use or privacy policies) may also apply.

11.6 Social Media Functions and Social Media Content

We use third-party services and plugins to embed functions and content from social media platforms and to enable sharing of content on social media platforms and by other means.

11.7 Digital Audio and Video Content

We use services from specialized third parties to enable the direct playback of digital audio and video content, such as music or podcasts.

11.8 Documents

We use third-party services to embed documents in our website. Such documents may include PDF files, presentations, spreadsheets, and text documents. This may allow not only viewing, but also editing or commenting on such documents.

11.9 Fonts

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

11.10 Payments

We use specialized service providers to process payments from our customers securely and reliably. The legal texts of the respective providers, such as GTC or privacy policies, also apply to payment processing.

11.11 Advertising

We use the option to place targeted advertising with third parties, such as social media platforms and search engines, for our activities and operations.

With such advertising, we aim in particular to reach persons who are already interested in our activities and operations or who may be interested (remarketing and targeting). For this purpose, we may transmit relevant information, which may also be personal data, to third parties that enable such advertising. We may also determine whether our advertising is successful, in particular whether it leads to visits to our website (conversion tracking).

Third parties with whom we advertise and with whom you are registered as a user may be able to associate your use of our website with your profile there.

12. Participation in Partner Programs

We participate in partner programs. We may receive compensation for references to third-party offers or for linking to third-party offers. Conversely, we may compensate third parties for referring to our activities and operations or linking to our online offering (affiliate marketing). In this context, it may be recorded, including on a personal basis, which offers are used and which web links are followed.

13. Website Extensions

We use extensions for our website in order to enable additional functions. We may use selected services from suitable providers or operate such extensions on our own server infrastructure.

14. Performance and Reach Measurement

We seek to determine how our online offering is used. In this context, we may, for example, measure the success and reach of our activities and operations as well as the impact of third-party links to our website. We may also test and compare how different parts or versions of our online offering are used (A/B testing). Based on the results of performance and reach measurement, we can, in particular, correct errors, strengthen popular content, and improve our online offering.

For performance and reach measurement, the IP addresses of individual users are stored in most cases. In this case, IP addresses are generally shortened (“IP masking”) in order to follow the principle of data minimization through pseudonymization.

Cookies may be used for performance and reach measurement, and user profiles may be created. Any user profiles created may include, for example, the specific pages visited or content viewed on our website, information about screen size or browser window size, and the at least approximate location. As a rule, any user profiles are created exclusively in pseudonymized form and are not used to identify individual users. Certain third-party services where users are logged in may be able to associate use of our online offering with the user account or user profile of the respective service.

15. Final Provisions

We created this Privacy Policy using the Privacy Policy Generator from Datenschutzpartner.

We may amend and supplement this Privacy Policy at any time. We will inform you of such amendments and supplements in an appropriate manner, in particular by publishing the current version of this Privacy Policy on our website.