Privacy Policy

Swiss Birdradar Solution AG, Technoparkstrasse 2, CH-8406 Winterthur, is the operator of the website www.swiss-birdradar.com and therefore responsible for the collection, processing and use of your personal data and the compatibility of data processing with applicable law.

Your trust is important to us. We take the issue of data protection seriously and pay attention to appropriate security.Of course, we observe the legal provisions of the Federal Data Protection Act (DSG), the Ordinance on the Federal Data Protection Act (VDSG), the Telecommunications Act (FMG) and, if applicable, other data protection regulations, in particular the General Data Protection Regulation of the European Union (GDPR).

Please read the information below so that you know what personal data we collect from you and for what purposes we use it.

1. Principles of data processing on www.swiss-birdradar.com

The personal data collected on the website www.swiss-birdradar.com

1. are processed lawfully, fairly and in a manner that is transparent to the individual concerned.
2. are used solely for the implementation and processing of the services and offers offered on the website. Under no circumstances will they be processed for other purposes.
3. which are incorrect with regard to the purposes of their processing will be deleted or corrected immediately.
4. are only stored for as long as is necessary for the purposes for which they are processed.
5. are processed in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage.

2. Lawfulness of data processing

By viewing the website www.swiss-birdradar.com, the user gives their consent to the processing of personal data relating to them, especially since an overriding interest on the part of the user can also be assumed.

The user has the right to revoke his consent at any time (by email to support@swiss-birdradar.com). The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the point of revocation.
 

3. Scope and purpose of collecting, processing and using personal data

a) when visiting www.swiss-birdradar.com

When you visit www.swiss-birdradar.com, our servers temporarily store each access in a log file. The following data is recorded without your intervention and stored by us until it is automatically deleted after twelve months at the latest:

• the IP address of the requesting computer,
• the date and time of access,
• the name and URL of the retrieved file,
• the website from which access was made,
• the operating system of your computer and the browser you are using,
• the country from which you accessed, the language settings of your browser and the name of your internet access provider

This data is collected and processed for the purpose of enabling the use of our website (establishing a connection), ensuring system security and stability and enabling the optimization of our website, as well as for internal statistical purposes. The IP address is used in particular to record the country of residence of the website visitor and to pre-set the language of the website accordingly. Furthermore, the IP address is evaluated in the event of attacks on the network infrastructure of www.swiss-birdradar.com and for statistical purposes.

In addition, when you visit our website, we use so-called pixels and cookies to display personalized advertising and to use web analysis services.

b) when using our contact form

You have the option of using a contact form to get in touch with us. The following personal data must be entered:

• company,
• first and last name,
• E-mail address.

Failure to provide this information may impede the provision of our services. We only use this data to be able to answer your contact request in the best possible and personalized way. You can object to this data processing at any time and request that we delete your data (by email to support@swiss-birdradar.com).

c) when registering for our newsletter

You have the option of subscribing to our newsletter on our website. Registration is required for this. The following data must be submitted as part of the registration:

• company,
• salutation,
• first and last name
• e-mail address

The above data is necessary for data processing. We process this data exclusively in order to personalize the information and offers sent to you and to better tailor them to your interests.

By registering, you give us your consent to the processing of the data provided for the regular dispatch of the newsletter to the address you have provided and for the statistical evaluation of usage behaviour and the optimization of the newsletter. This consent represents our legal basis for the processing of your e-mail address within the meaning of Article 6 (1) (a) GDPR. We are entitled to commission third parties with the technical processing of advertising measures and are entitled to pass on your data for this purpose.

At the end of each newsletter there is a link that you can use to unsubscribe from the newsletter at any time. When unsubscribing, you can voluntarily tell us the reason for unsubscribing. After unsubscribing, your personal data will be deleted. Further processing only takes place in an anonymous form to optimize our newsletter.

The newsletter is sent via “HubSpot” (newsletter service provider), a newsletter distribution platform provided by HubSpot, 25 First Street, 2nd Floor, Cambridge, MA 02141, USA. You can view the privacy policy of the newsletter service provider here: https://legal.hubspot.com/privacy-policy?_ga=2.39158627.1966814786.1643998162-1523698863.1643998162. The newsletter service provider is used on the basis of our legitimate interests in accordance with Article 6 Paragraph 1 Letter f GDPR and an order processing contract in accordance with Article 28 Paragraph 3 Clause 1 GDPR.

The newsletter service provider can use the data of the recipients in pseudonymous form, i.e. without assignment to a user, to optimize or improve their own services, e.g. for technical optimization of the dispatch and the presentation of the newsletter or for statistical purposes. However, the newsletter service provider does not use the data of our newsletter recipients to write to them themselves or to pass the data on to third parties.

The data you have stored with us for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter and will be deleted both from our servers and from the servers of the relevant newsletter service provider after you have cancelled the newsletter. Data stored by us for other purposes (e.g. e-mail addresses for the members’ area) remain unaffected.

We use third-party email marketing services to send our newsletter. Our newsletter can therefore contain a so-called web beacon (tracking pixel) or similar technical means. A web beacon is a 1×1 pixel, invisible graphic that is associated with the user ID of the respective newsletter subscriber.

Recourse to corresponding services makes it possible to evaluate whether the e-mails containing our newsletter have been opened. In addition, the click behaviour of the newsletter recipients can also be recorded and evaluated. We use this data for statistical purposes and to optimize the newsletter in terms of content and structure. This enables us to better tailor the information and offers in our newsletter to the individual interests of the respective recipient. The tracking pixel is deleted when you delete the newsletter.

In order to prevent tracking pixels in our newsletter, please set your mail program so that no HTML is displayed in messages.

4. Use of your data for advertising purposes

Swiss Birdradar Solution AG may collect personal data from users of www.swiss-birdradar.com to advertise their services (online and/or print advertising, etc.). Swiss Birdradar Solution AG is permitted to pass on personal data to third parties for this purpose. The user expressly agrees to this use of their data.

5. Integration of third-party services and content

It may happen that content or services from third-party providers, such as city maps or fonts from other websites, are integrated within our online offer. The integration of content from third-party providers always requires that the third-party providers perceive the IP address of the user. Without the IP address, the content cannot be sent to the user’s browser. The IP address is therefore required for the display of this content. Furthermore, the providers of the third-party content can set their own cookies and process the data of the users for their own purposes. User profiles can be created from the processed data. We will use this content as data-sparingly and data-avoiding as possible and choose reliable third-party providers with regard to data security.

The following presentation offers an overview of third-party providers and their content, along with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, possibilities to object (so-called opt-out):

External fonts from Google, Inc., https://www.google.com/fonts (“Google Fonts”). The Google Fonts are integrated by calling up a server at Google (usually in the USA). Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.

Maps from the “Google Maps” service provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. By visiting the website, Google receives the information that you have accessed the corresponding subpage of our website. This takes place regardless of whether Google provides a user account through which you are logged in or whether there is no user account. If you are logged in to Google, your data will be assigned directly to your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for advertising, market research and/or needs-based design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right. Further information on the purpose and scope of data collection and its processing by Google, as well as further information on your rights in this regard and setting options to protect your privacy, can be found at https://www.google.com/policies/privacy/, Opt-Out: https: //www.google.com/settings/ads/.

Maps from the “mapbox” service provided by the third-party provider mapbox, San Francisco, California, USA. Privacy Policy: https://www.mapbox.com/legal/privacy/.

Videos from the “YouTube” platform provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection declaration: https://www.google.com/policies/privacy/, opt-out: https://www.google.com/settings/ads/.

This website uses the reCAPTCHA service from Google Inc. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA; “Google”). The query serves the purpose of distinguishing whether the input is made by a human or by automated, machine processing. The query includes sending the IP address and any other data required by Google for the reCAPTCHA service to Google. For this purpose, your input will be transmitted to Google and used there. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address transmitted by your browser as part of reCaptcha will not be merged with other Google data. Your data may also be transmitted to the USA. The processing takes place on the basis of Art. 6 (1) lit. a GDPR with your consent. You can revoke your consent at any time without affecting the legality of the processing carried out on the basis of the consent up to the revocation. You can find more information about Google reCAPTCHA and the associated data protection declaration at: https://www.google.com/privacy/ads/.

The Google Tag Manager is used on this website. This is a solution with which we can manage so-called website tags via an interface and thus, for example, integrate Google Analytics and other Google marketing services into our online offer. The tag manager itself, which implements the tags, does not process any personal data of the users. With regard to the processing of users’ personal data, reference is made to the following information on Google services. Usage guidelines: https://www.google.com/intl/de/tagmanager/use-policy.html.

Our website uses Hubspot, a marketing automation software from Hub-Spot, 2nd Floor 30 North Wall Quay, Dublin 1, Ireland. HubSpot is a US based software company with a European office in Ireland. Hubspot helps us to analyze the use of our portal. Hubspot uses cookies for this purpose. Certain usage data will be linked to your person (e.g. after entry in a registration form) and stored in our CRM. This enables us to send you information and offers specially tailored to your interests. Your personal data may also be forwarded to Hubspot servers in the United States (USA). The appropriate level of protection is provided by the fact that HubSpot, Inc. participates in the EU-US Privacy Shield Agreement and is certified for compliance. We use Hubspot to provide you with information and offers that meet your needs. Accordingly, we have a legitimate interest within the meaning of Art. 6 Para. 1 lit. f) General Data Protection Regulation in this processing. The legal basis for the processing of your personal data by us in connection with the use of Hubspot is Article 6 Paragraph 1 Letter f) of the General Data Protection Regulation. When using Hubspot, we store your personal data for as long as is necessary to send you information and offers that meet your needs. The provision of the personal data collected via Hubspot is not required by law or contract or required for the conclusion of a contract. If you do not provide us with this data, we cannot provide you with information and offers that meet your needs. For more information on how Hubspot uses data, see Hubspot’s privacy policy at: https://legal.hubspot.com/de/privacy-policy. You can object to the use of your data at any time, e.g. by sending an e-mail to our e-mail address in this data protection declaration. HubSpot is licensed under the terms of the «EU-U.S. Privacy Shield Frameworks” and is subject to the TRUSTe’s Privacy Seal and the “US-Swiss Safe Harbor” Framework.

6. Disclosure of data to third parties

We only pass on your personal data if you have given your express consent, if there is a legal obligation to do so or if this is necessary to enforce our rights, in particular to enforce claims arising from the relationship between you and us.

In addition, we pass on your data to third parties insofar as this is necessary when using the website to provide the services you have requested and to analyse your user behaviour. Insofar as this is necessary for the purposes mentioned in sentence 1, the data can also be passed on abroad. If the website contains links to third-party websites, after clicking on these links we no longer have any influence on the collection, processing, storage or use of personal data by the third party and we assume no responsibility for this.

7. Transfer of personal data to foreign countries

We are entitled to transfer your personal data to third-party companies (commissioned service providers) abroad if this is necessary for the data processing described in this data protection declaration. They are committed to data protection to the same extent as we are. If the level of data protection in a country does not correspond to that in Switzerland or Europe, we contractually ensure that the protection of your personal data corresponds to that in Switzerland or the EU at all times.

8. Data security

We use appropriate technical and organizational security measures to protect your personal data stored by us against manipulation, partial or complete loss and against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

You should always keep your payment information confidential and close your browser window when you have finished communicating with us, especially if you share your computer with others.

We also take internal data protection very seriously. Our employees and the service companies commissioned by us have been sworn to secrecy and to compliance with data protection regulations.

9. Cookies

Cookies help in many ways to make your visit to our website easier, more pleasant and more meaningful. Cookies are information files that your web browser automatically saves to your computer’s hard drive when you visit our website. Cookies neither damage the hard drive of your computer nor are personal user data transmitted to us by these cookies.

For example, we use cookies to better tailor the information, offers and advertising displayed to you to your individual interests. The use does not mean that we receive new personal data about you as an online visitor. Most Internet browsers automatically accept cookies. However, you can configure your browser in such a way that no cookies are stored on your computer or that a message always appears when you receive a new cookie.

The deactivation of cookies can mean that you cannot use all the functions of our website.

10. Secure data transmission with SSL

For security reasons and to protect the transmission of confidential content, this website uses SSL/TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.

11. Tracking-Tools

We use a so-called tracking tool on our website. Your surfing behaviour on our website is observed with this tracking tool. This observation is carried out for the purpose of the needs-based design and continuous optimization of our website. In this context, pseudonymised user profiles are created and small text files stored on your computer (“cookies”) are used.

This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of the website is usually transmitted to a Google server in the USA and stored there. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. We have also added the “anonymizeIP” code to Google Analytics on this website. This guarantees that your IP address is masked so that all data is collected anonymously. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there.

On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent.

Alternatively, you could turn on the incognito mode in your browser. In incognito mode, the browser stops recording your browser history and information entered in forms. Additionally, the incognito mode deletes cookies and site data at the end of the session. However, all this happens only after the browser window has been closed. And be aware that the incognito mode does not block or mask your IP address. To hide your IP address, use a VPN, a proxy server, or the Tor browser.

We also use Google Analytics to evaluate data from double-click cookies and ads for statistical purposes. If you do not want this, you can deactivate it via the Ads Preferences Manager (http://www.google.com/settings/ads/onweb/?hl=de).

We use Google Analytics including the functions of Universal Analytics or Google Analytics 4 (GA4). This allows us to analyse the activities on our pages across devices (e.g. when accessing via laptop and later via a tablet). This is made possible by the pseudonymous assignment of a user ID to a user. Such an assignment takes place, for example, when you register for a customer account or log in to your customer account. However, no personal data is forwarded to Google. Even if additional functions are added to Google Analytics with Universal Analytics or Google Analytics 4, this does not mean that data protection measures such as IP masking or the browser add-on are restricted.

12. Social Media Plug-Ins 

The social plugins described below are used on the website. The plugins are deactivated by default on our website and therefore do not send any data. You can activate the plugins by clicking on the corresponding social media button.

If these plugins are activated, your browser establishes a direct connection with the servers of the respective social network as soon as you visit one of our websites. The content of the plugin is transmitted directly from the social network to your browser, which integrates it into the website. The plugins can be deactivated again with one click.

Further information can be found in the respective data protection declarations of Facebook, Twitter and Google.

a) Plugins from LinkedIn

Our website uses plugins from the social network LinkedIn and LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA (hereinafter “LinkedIn”). You can recognize the LinkedIn plugins by the corresponding logo or the “Recommend” button. Please note that when you visit our website, the plugin establishes a connection between your respective internet browser and the LinkedIn server. LinkedIn is thus informed that our website has been visited with your IP address. If you click the LinkedIn “Recommend” button and are logged into your LinkedIn account at the same time, you have the option of linking content from our website to your LinkedIn profile page. In doing so, you enable LinkedIn to assign your visit to our website to you or your user account. You must know that we have no knowledge of the content of the transmitted data and how it is used by LinkedIn. Further details on the collection of data and your legal options as well as setting options can be found on LinkedIn. These are made available to you at http://www.linkedin.com/static?key=privacy_policy&trk=hb_ft_priv.

b) Plugins from YouTube

Our website uses plugins from YouTube, belonging to Google Inc., located in San Bruno/California, USA. As soon as you visit pages on our website that are equipped with a YouTube plugin, a connection to the YouTube servers is established. The YouTube server is informed which specific page of our website you have visited. If you are also logged into your YouTube account, you would enable YouTube to assign your surfing behaviour directly to your personal profile. You can avoid this possibility of assignment if you log out of your account beforehand. Further information on the collection and use of your data by YouTube can be found in the information on data protection there at www.youtube.com.

 

13. Note on data transfers to the USA

For the sake of completeness, we would like to point out to users who are resident or have their registered office in Switzerland that there are surveillance measures by US authorities in the USA, which generally allow the storage of all personal data of all persons whose data was transmitted from Switzerland to the USA. This is done without differentiation, limitation or exception based on the objective pursued (capable of justifying both access to the data and the interference associated with its use) and without any objective criterion allowing the US authorities’ access to the data and their subsequent use to be limited to very specific, strictly limited purposes. We would also like to point out that there are no legal remedies in the USA for data subjects from Switzerland that would allow them to access the data concerning them and to obtain their correction or deletion, or no effective judicial legal protection against general access rights from US authorities. We explicitly draw the data subject’s attention to this legal and factual situation in order to make an informed decision to consent to the use of their data.

We would like to point out to users residing in a member state of the EU that the USA does not have an adequate level of data protection from the point of view of the European Union.

14. Right to information, rectification, erasure and restriction of processing; Right to data portability

You have the right to receive information about the personal data that we have stored about you free of charge upon request. In addition, you have the right to correct inaccurate data and the right to delete your personal data, insofar as there is no legal obligation to retain or a legal basis that allows us to process the data. In accordance with Articles 18 and 21 GDPR, you also have the right to demand that data processing be restricted and to object to data processing.

You also have the right to request that we return the data you have given us. Upon request, we will also pass on the data to a third party of your choice. You have the right to receive the data in a common file format.

You can reach us for the aforementioned purposes via the e-mail address support@swiss-birdradar.com. We may, at our discretion, request proof of identity to process your requests.

You can also tell us what to do with your information after you die by providing us with instructions. 

15. General Disclaimer

All information on this website has been carefully checked. We make every effort to ensure that the information we offer is up-to-date, correct in terms of content and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, correctness and timeliness of information, including that of a journalistic and editorial nature. Liability claims for damage of a material or immaterial nature caused by the use of the information provided are excluded unless there is evidence of intentional or grossly negligent fault.

The publisher can change or delete texts at its own discretion and without notice and is not obliged to update the content of this website. Use of or access to this website is at the visitor’s own risk. The publisher, its clients or partners are not responsible for any damage, such as direct, indirect, accidental, to be determined in advance or consequential damage, which is alleged to have arisen from visiting this website and therefore assume no liability for this.

The publisher also assumes no responsibility and liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked pages are solely responsible for their content. The publisher expressly distances himself from all third-party content that may be relevant under criminal or liability law or that violate common decency.

16. Retention of Data

We only store personal data for as long as is necessary to use the tracking, advertising and analysis services mentioned above within the scope of our legitimate interest in order to carry out services to the extent mentioned above that you have requested or are required to provide which you have given your consent and to comply with our legal obligations.

We keep contract data longer because this is required by statutory retention requirements. Storage obligations, which oblige us to store data, result from accounting and tax regulations. According to these regulations, business communication, concluded contracts and accounting documents must be retained for up to 10 years or, in the case of users residing in France, up to 5 years. If we no longer need this data to carry out the services for you, the data will be blocked. This means that the data may then only be used for accounting and tax purposes.

17. Right to lodge a complaint with a data protection supervisory authority

If you are resident in an EU country, you have the right to complain to the responsible data protection supervisory authority at your place of residence at any time.

If you are resident in Switzerland, you have the right to complain at any time to the Federal Data Protection and Information Commissioner (FDPIC), Feldeggweg 1, CH-3003 Bern.

 

Winterthur, February 5, 2022