This privacy notice clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) in the context of the provision of our services and within our online offering and the websites, functions and content associated with it as well as external online presences, such as our Social Media Profile (hereinafter jointly referred to as “online offering”). With regard to the terms used, such as “processing” or “person responsible”, we refer you to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Center for Family Business
Universität St. Gallen
Dufourstrasse 40a
CH 9000 St.Gallen
cfb-hsg@unisg.ch
Tel.: +41 71 224 71 00
cfb.unisg.ch

– Contact data (e.g., e-mail).
– Content data (e.g., text entries).
– Meta/communication data (e.g., device information, IP addresses).

Visitors and users of the online offer (hereinafter referred to collectively as “users”).

– Provision of the online offer, its functions and contents.
– Answering contact requests and communicating with users.
– Security measures.
– Range measurement/Marketing

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier (e.g. a cookie) or to one or more specific characteristics which express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, is regarded as identifiable.

“Processing” means any operation carried out with or without the aid of automated processes, or set of operations, involving personal data. The term is broad and covers practically every handling of data.

“Pseudonymisation” means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.

“Profiling” means any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person.

The “controller” is the 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.

“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

In accordance with Art. 13 GDPR, we inform you of the legal basis of our data processing. For users from the area of application of the General Data Protection Regulation (GDPR), i.e. the EU and the EEC, the following applies, if the legal basis is not mentioned in the privacy notice:
The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR;
The legal basis for the processing for the fulfilment of our services and the implementation of contractual measures as well as the answering of inquiries is Art. 6 para. 1 lit. b GDPR;
The legal basis for the processing to fulfil our legal obligations is Art. 6 para. 1 lit. c GDPR;
Art. 6 para. 1 lit. d GDPR serves as the legal basis in the event that vital interests of the data subject or another natural person necessitate the processing of personal data.
The legal basis for the processing necessary for the performance of a task which is in the public interest or is carried out in the exercise of official authority entrusted to the data controller is Art. 6 para. 1 lit. e GDPR.
The legal basis for the processing to safeguard our legitimate interests is Art. 6 para. 1 lit. f GDPR.
The processing of data for purposes other than those for which they were collected is governed by the provisions of Art. 6 (4) GDPR.
The processing of special categories of data (pursuant to Art. 9 para. 1 GDPR) is governed by the provisions of Art. 9 para. 2 GDPR.

We take appropriate technical and organisational measures in accordance with the statutory requirements, taking into account the state of the art, the implementation costs and the type, extent, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.

In particular, these measures include safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data as well as access to, inputting, forwarding, securing and separating the data. In addition, we have established procedures to ensure the exercise of data subjects’ rights, the deletion of data and the reaction to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and data protection-friendly default settings.

Insofar as we disclose data to other persons and companies (contract processors, jointly responsible persons or third parties) within the scope of our processing, transfer them to them or otherwise grant them access to the data, this shall only take place on the basis of legal permission (e.g. if a transfer of the data to third parties, such as payment service providers, is necessary for the fulfilment of the contract), users have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

Insofar as we disclose, transmit or otherwise grant access to data to other companies of our group of companies, this is done in particular for administrative purposes as a legitimate interest and beyond that on a basis corresponding to the legal requirements.

If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation) or if this is done in the context of the use of third party services or disclosure or transfer of data to other persons or companies, this will only occur if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or leave the data in a third country only if the legal requirements are met. I.e. the processing takes place e.g. on basis of special guarantees, like the officially recognized statement of a data protection level corresponding to the EU (e.g. for the USA by the “Privacy Shield”) or observance of officially recognized special contractual obligations.

You have the right to obtain confirmation as to whether the data in question will be processed and to be informed of such data and to obtain further information and a copy of the data in accordance with the provisions of the law.

You have the right, in accordance with the statutory provisions, to request the completion of the data concerning you or the correction of the incorrect data concerning you.

In accordance with the statutory provisions, you have the right to demand that the data concerned be deleted immediately or, alternatively, to demand that the processing of the data be restricted in accordance with the statutory provisions.

You have the right to demand that the data concerning you which you have made available to us be received in accordance with the statutory provisions and that it be transferred to other persons responsible.

You also have the right to file a complaint with the competent supervisory authority in accordance with the statutory provisions.

You have the right to revoke any consent you have given with effect for the future.

You may object at any time to the future processing of the data concerning you in accordance with the statutory provisions. In particular, you may object to the processing of your data for the purposes of direct marketing.

“Cookies” are small files that are stored on the user’s computer. Different data can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after the user’s visit to an online service. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. The content of a shopping basket in an online shop or a login status, for example, can be stored in such a cookie. Cookies are referred to as “permanent” or “persistent” and remain stored even after the browser has been closed. For example, the login status can be saved if users visit it after several days. The interests of the users can also be stored in such a cookie, which are used for range measurement or marketing purposes. “Third party cookies” are cookies that are offered by providers other than the person responsible for operating the online service (otherwise, if they are only the latter’s cookies, they are referred to as “first party cookies”).

We may use temporary and permanent cookies and explain this in the context of our data protection declaration.

If users do not wish cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection against the use of cookies used for online marketing purposes can be explained for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. In addition, cookies can be stored by switching them off in the browser settings. Please note that in this case not all functions of this online offer can be used.

The data processed by us will be deleted in accordance with legal requirements or their processing will be restricted. Unless explicitly stated in this privacy notice, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and there are no legal obligations to retain them.

If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons.

We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.

When contacting us (e.g. via  e-mail, telephone or via social media), the user’s details are used to process the contact enquiry and to process it in accordance with Art. 6 Para. 1 lit. b. (within the framework of contractual/pre-contractual relationships), Art. 6 Para. 1 lit. f. (within the framework of contractual/pre-contractual relationships), Art. 6 Para. 1 lit. f. (within the framework of contractual/pre-contractual relationships), Art. 6 Para. 1 lit. f. (within the framework of contractual/pre-contractual relationships), Art. 6 Para. 1 lit. f. (other inquiries) (other inquiries) GDPR. The data of the users can be stored in a customer relationship management system (“CRM system”) or comparable inquiry organization.

We delete the requests if they are no longer necessary. We check the necessity every two years; furthermore, the legal archiving obligations apply.

With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures and your rights of objection. By subscribing to our newsletter, you declare your agreement with the receipt and the described procedures.

Content of the newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter referred to as “newsletter”) only with the consent of the recipient or legal permission. Insofar as the contents of the newsletter are specifically described within the scope of registration, they are decisive for the consent of the user. In addition, our newsletters contain information about our services and us.

Double-Opt-In and logging: The registration to our newsletter takes place in a so-called Double-Opt-In procedure. I.e. after registration you will receive an e-mail in which you will be asked to confirm your registration. This confirmation is necessary so that nobody can register with an external e-mail addresses. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time, as well as the IP address. Likewise the changes of your data stored with the dispatch service provider are logged.

Registration data: To subscribe to the newsletter, it is sufficient for you to enter your e-mail address. Optionally, we ask you to enter a name in the newsletter for the purpose of addressing you personally.

The dispatch of the newsletter and the performance measurement associated with it are based on the consent of the recipients in accordance with Art. 6 Para. 1 lit. a, Art. 7 GDPR in conjunction with § 7 Para. 2 No. 3 UWG (Act Against Unfair Competition) or, if consent is not required, on our legitimate interests in direct marketing in accordance with Art. 6 Para. 1 lt. f. GDPR in connection with § 7 Abs. 3 UWG.

The registration procedure is recorded on the basis of our legitimate interests pursuant to Art. 6 Para. 1 lit. f GDPR. Our interest is directed towards the use of a user-friendly and secure newsletter system which serves our business interests as well as the expectations of the users and furthermore allows us to provide proof of consent.

Cancellation/revocation – You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before deleting them in order to be able to prove that we have previously given our consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time.

The newsletters contain a so-called “web-beacon”, i.e. a file the size of a pixel, which is retrieved from our server when the newsletter is opened or, if we use a dispatch service provider, from its server. In the course of this retrieval, technical information such as information about the browser and your system, as well as your IP address and time of retrieval are first collected.

This information is used for the technical improvement of the services on the basis of the technical data or the target groups and their reading behaviour on the basis of their retrieval locations (which can be determined with the help of the IP address) or the access times. Statistical surveys also include determining whether newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. It is, however, neither our endeavour nor, if used, that of the mail-order service provider to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our contents to them or to send different contents according to the interests of our users.

A separate cancellation of the performance measurement is unfortunately not possible, in which case the entire newsletter subscription must be cancelled.

The hosting services used by us serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services which we use for the purpose of operating this online service.

Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors to this online service on the basis of our legitimate interests in the efficient and secure provision of this online service in accordance with Art. 6 Para. 1 lit. f GDPR in connection with Art. 28 GDPR (conclusion of an order processing contract).

We, or our hosting provider, collect data about each access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests as defined in Art. 6 Para. 1 lit. f. GDPR data about each access to the server on which this service is located (so-called server log files). Access data includes the name of the website accessed, the file, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.

Log file information is stored for security reasons (e.g. to clarify abuse or fraud actions) for a maximum period of 7 days and then deleted. Data, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.

We use Google Analytics, a web analysis service of Google LLC (“Google”), on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. of the German Data Protection Act). GDPR) Google Analytics, a web analysis service of Google LLC (“Google”). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transferred to a Google server in the USA and stored there.

Google is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate the use of our online services by users, to compile reports on activities within this online service and to provide us with other services related to the use of this online service and the Internet. Pseudonymous user profiles of the users can be created from the processed data.

We use Google Analytics only with activated IP anonymisation. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there.

The IP address transmitted by the user’s browser is not merged with other Google data. Users may refuse the use of cookies by selecting the appropriate settings on their browser, however please note that if any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object.

Further information on the use of data by Google, setting and objection options can be found in Google’s data protection declaration (https://policies.google.com/technologies/ads) and in the settings for the display of advertising by Google (https://adssettings.google.com/authenticated).

The personal data of the users will be deleted or anonymized after 14 months.

Privacy notice: Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke