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Contents

Individual or additional activities and operations may be subject to additional privacy statements as well as other legal documents such as General Terms and Conditions (GTC), Terms of Use or Conditions of Participation.

We are subject to Swiss data protection law as well as any applicable foreign data protection law such as, in particular, that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognizes that Swiss data protection law ensures adequate data protection.

1. Contact Addresses

Responsibility for the processing of personal data:

Dustin Bättig Videodesign.ch GmbH Pilatusstrasse 18 6003 Lucerne Switzerland

[email protected]

We point out if there are other persons responsible for the processing of personal data in individual cases.

1.1 Data Protection Officer or Privacy Advisor

We have the following data protection officer resp. the following data protection advisor as a point of contact for data subjects and authorities for inquiries relating to data protection:

Dustin Bättig c/o Videodesign.ch GmbH Pilatusstrasse 18 6003 Lucerne Switzerland

[email protected]

1.2 Data Protection Representation in the European Economic Area (EEA)

We have the following data protection representation according to Art. 27 DSGVO:

VGS Datenschutzpartner GmbH Am Kaiserkai 69 20457 Hamburg Germany

[email protected]

The Data Protection Representation serves as an additional point of contact for data subjects and authorities in the European Union (EU) and the rest of the European Economic Area (EEA) for inquiries related to the GDPR.

2. Terms and Legal Basis

2.1 Terms

Personal data is any information that relates 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, such as querying, matching, adapting, archiving, storing, reading out, disclosing, procuring, recording, collecting, deleting, disclosing, arranging, organizing, storing, modifying, disseminating, linking, destroying and using personal data.

The European Economic Area (EEA) comprises 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 processing of personal data.

2.2 Legal Basis

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

We process - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - personal data in accordance with at least one of the following legal bases:

  • Art. 6 par. 1 lit. b GDPR for the necessary processing of personal data for the fulfillment of a contract with the data subject as well as for the implementation of pre-contractual measures.
  • Art. 6 par. 1 lit. f GDPR for the necessary processing of personal data to protect the legitimate interests of us or of third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests include, in particular, our interest in being able to carry out our activities and operations permanently, in a user-friendly, secure and reliable manner and to communicate about them, the guarantee of information security, protection against misuse, the enforcement of our own legal claims and compliance with Swiss law.
  • Art. 6 par. 1 lit. c GDPR for the necessary processing of personal data to comply with a legal obligation to which we are subject under any applicable law of Member States in the European Economic Area (EEA).
  • Art. 6 par. 1 lit. e GDPR for the necessary processing of personal data for the performance of a task carried out in the public interest.
  • Art. 6 par. 1 lit. a GDPR for the processing of personal data with the consent of the data subject.
  • Art. 6 par. 1 lit. d GDPR for the necessary processing of personal data to protect vital interests of the data subject or another natural person.

3. Nature, Scope and Purpose

We process those personal data that are necessary to carry out our activities and operations in a durable, user-friendly, safe and reliable manner. In particular, such personal data may fall into the categories of inventory and contact data, browser and device data, content data, meta- or edge data and usage data, location data, sales data, and contract and payment data.

We process personal data for the period of time required for the respective purpose or purpose of use. the respective purposes or required by law. Personal data whose processing is no longer necessary is 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 also ensure data protection with such third parties.

As a matter of principle, we only process personal data with the consent of the persons concerned. If and to the extent that processing is permitted for other legal reasons, we may refrain from obtaining consent. For example, we may process personal data without consent in order to fulfill a contract, to comply with legal obligations or to protect overriding interests.

In this context, we process in particular information that a data subject voluntarily provides to us when contacting - for example, by letter, e-mail, instant messaging, contact form, social media or telephone - or when registering for a user account. For example, we may store such information in an address book, in a customer relationship management (CRM) system, or with similar tools. If we receive data about other persons, the transmitting persons are obliged to ensure data protection with respect to these persons as well as to ensure the accuracy of this personal data.

We also process personal data that we receive from third parties, obtain from publicly available sources or collect in the course of our activities and operations, if and to the extent that such processing is permitted for legal reasons.

4. Job Applications

We process personal data about applicants to the extent that it is necessary for assessing their suitability for an employment relationship or for the subsequent execution of an employment contract. The required personal data results in particular from the information requested, for example in the context of a job advertisement. We also process personal data that applicants voluntarily provide or publish, in particular as part of cover letters, resumes and other application documents, as well as online profiles.

We process - if and insofar as the General Data Protection Regulation (GDPR) is applicable - personal data about applicants in particular pursuant to Art. 9 para. 2 lit. b GDPR.

We may allow applicants to submit their information to our talent pool for consideration for future open positions. We may also use such information to maintain contact and provide news. If we believe that an applicant is eligible for a job opening based on the information provided, we may notify the applicant accordingly.

We use third-party services to post jobs via e-recruitment and to enable and manage applications.

We use in particular:

  • JOIN: E-Recruitment; Provider: JOIN Solutions AG (Switzerland); Data protection information: Privacy policy.

5. Personal Data Abroad

We process personal data in Switzerland and in the European Economic Area (EEA). However, we may also export personal data to other countries or in particular in order to process them or have them processed there.

We may export personal data to all states and territories on earth as well as elsewhere in the universe, provided that the law there ensures adequate data protection in accordance with the decision of the Swiss Federal Council and - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - in accordance with the decision of the European Commission.

We may transfer personal data to countries whose laws do not ensure adequate data protection, provided that data protection is ensured for other reasons, in particular on the basis of standard data protection clauses or with other appropriate safeguards. Exceptionally, we may export personal data to countries without adequate or appropriate data protection if the special data protection requirements are met, for example, the express consent of the data subjects or a direct connection with the conclusion or performance of a contract. We will be happy to provide information about any guarantees to data subjects upon request or provide a copy of any guarantees.

6. Rights of Data Subjects

6.1 Data Protection Law Claims

We grant data subjects all claims in accordance with applicable data protection law. Data subjects have the following rights in particular:

  • Information: Data subjects may request information as to whether we process personal data about them and, if so, what personal data is involved. Data subjects are also provided with the information necessary to assert their claims under data protection law and to ensure transparency. This includes the processed personal data as such, but also, among other things, information on the purpose of processing, the duration of storage, any disclosure or disclosure of data resp. any export of data to other countries and the origin of the personal data.
  • Correction and restriction: Data subjects can have incorrect personal data corrected, incomplete data completed and the processing of their data restricted.
  • Deletion and objection: Data subjects can have personal data deleted ("right to be forgotten") and Deletion and objection: to the processing of their data with effect for the future.
  • Data release and data transfer: Data subjects may request the surrender of personal data or the transfer of their data to another data controller.

We may suspend, limit or deny the exercise of data subjects' rights to the extent permitted by law. We can point out to data subjects any requirements they may have to meet in order to exercise their rights under data protection law. For example, we may refuse to provide information in whole or in part on the grounds of trade secrets or the protection of others. We may, for example, also refuse to delete personal data in whole or in part with reference to statutory retention obligations.

We may exceptionally charge for the exercise of the rights. We inform affected persons in advance about any costs.

We are required to take reasonable steps to identify data subjects who request information or assert other rights. Affected persons are obliged to cooperate.

6.2 Right to Complaint

Data subjects have the right to enforce their data protection claims through legal channels or to lodge a complaint with a competent data protection supervisory authority.

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

Data subjects have - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - the right to lodge a complaint with a competent European data protection supervisory authority.

7. Data Security

We take suitable technical and organizational measures to ensure data security that is appropriate to the respective risk. However, we cannot guarantee absolute data security.

Access to our website is via transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers mark transport encryption with a padlock in the address bar.

Our digital communications - like all digital communications - are subject to mass surveillance without cause or suspicion and to other surveillance by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We cannot directly influence the corresponding processing of personal data by secret services, police agencies and other security authorities.

8. Use of the Website

8.1 Cookies

We may use cookies. Cookies - our own cookies (first-party cookies) as well as cookies from third parties whose services we use (third-party cookies) - are data that are stored in the browser. Such stored data need not be limited to traditional cookies in text form.

Cookies can be stored in the browser temporarily as "session cookies" or for a certain period of time as so-called permanent cookies. "Session cookies" are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. In particular, cookies make it possible to recognize a browser the next time it visits our website and thus, for example, to measure the reach of our website. However, permanent cookies can also be used for online marketing, for example.

Cookies can be completely or partially deactivated and deleted in the browser settings at any time. Without cookies, our website may no longer be fully available. We actively ask - at least if and where necessary - for explicit consent to the use of cookies.

For cookies used for performance and reach measurement or for advertising, a general objection ("opt-out") is possible for numerous 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 Server Log Files

We may collect the following information for each access to our website, provided that this information is transmitted by your browser to our server infrastructure or can be determined by our web server: Date and time including time zone, Internet Protocol (IP) address, access status (HTTP status code), the operating system including user interface and version, browser including language and version, an individual sub-page of our website accessed including the amount of data transferred, website last accessed in the same browser window (referer or referrer).

We store such information, which may also constitute personal data, in server log files. The information is necessary to provide our website permanently, user-friendly and reliably as well as to ensure data security and thus in particular the protection of personal data - also by third parties or with the help of third parties.

8.3 Tracking Pixel

We may use tracking pixels on our website. Tracking pixels are also known as web beacons. Counting pixels - also from third parties whose services we use - are small, usually invisible images that are automatically retrieved when you visit our website. Counting pixels can be used to capture the same information as server log files.

9. Notifications and Messages

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

9.1 Success and Reach Measurement

Notifications and messages may contain web links or tracking pixels that capture whether an individual message was opened and which web links were clicked. Such web links and tracking pixels may also track usage of notifications and communications on a personal basis. We need this statistical recording of usage for success and reach measurement in order to be able to send notifications and messages based on the needs and reading habits of the recipients in an effective and user-friendly manner as well as permanently, securely and reliably.

9.2 Consent and Objection

In principle, you must expressly consent to the use of your e-mail address and other contact addresses, unless the use is permitted for other legal reasons. You give consent to our newsletter with a separate click that is offered to you only after you have submitted the contact form; without that click you are not added, and it is never a condition of your enquiry. We currently do not use a "double opt-in" procedure for this: you do not receive an additional confirmation e-mail with a web link, your address is added to the newsletter list immediately (single opt-in). We send the newsletter through Mailchimp; for this purpose your e-mail address is transferred to the USA and processed there. The provider is certified under the "Data Privacy Framework", which ensures adequate data protection in accordance with the decision of the Swiss Federal Council and - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - in accordance with the decision of the European Commission; section 5 of this privacy policy applies in all other respects. For each consent we log the time and the place at which it was given, for evidentiary and security purposes.

In principle, you can object to receiving notifications and communications such as newsletters at any time. With such an objection, you can simultaneously object to the statistical recording of usage for performance and reach measurement. This is subject to any required notifications and communications in connection with our activities and operations.

9.3 Service Provider for Notifications and Messages

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

We use in particular:

10. Social Media

We are present on social media platforms and other online platforms in order to be able to communicate with interested persons as well as to inform them about our activities and operations. In connection with such platforms, personal data may also be processed outside of Switzerland and the European Economic Area (EEA).

The General Terms and Conditions (GTC) and Terms of Use as well as data protection declarations and other provisions of the individual operators of such platforms shall also apply in each case. These provisions inform in particular about the rights of data subjects directly against the respective platform, which includes, for example, the right to information.

For our social media presence on Facebook, including the so-called Page Insights, we are - if and insofar as the General Data Protection Regulation (GDPR) is applicable - jointly responsible with Meta Platforms Ireland Limited (Ireland). 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 social media presence on Facebook in an effective and user-friendly manner.

Further information on the nature, scope and purpose of data processing, information on the rights of data subjects and the contact details of Facebook as well as Facebook's data protection officer can be found in Facebook's privacy policy. We have entered into the so-called "Responsible Party Addendum" with Facebook, thereby agreeing in particular that Facebook is responsible for ensuring the rights of data subjects. For the so-called page insights, the corresponding information can be found on the page "Information on page insights" including "Information on page insights data".

11. Services from Third Parties

We use services of specialized third parties in order to carry out our activities and operations in a durable, user-friendly, safe and reliable manner. Among other things, such services allow us to embed functions and content into our website. In the case of such embedding, the services used record the Internet Protocol (IP) addresses of the users at least temporarily for technically compelling reasons.

For necessary security, statistical and technical purposes, third parties whose services we use may process data related to our activities and operations in aggregated, anonymized or pseudonymized form. This is, for example, performance or usage data in order to be able to offer the respective service.

We use in particular:

11.1 Digital Infrastructure

We use services from specialized third parties to access required digital infrastructure in connection with our activities and operations. These include, for example, hosting and storage services from selected providers.

We use in particular:

11.2 Contact Options

We use services from selected providers to better communicate with third parties, such as potential and existing customers.

We use in particular:

11.3 Scheduling

We use services from specialized third parties to make appointments online, for example for meetings. In addition to this privacy policy, any directly visible conditions of the services used, such as terms of use or privacy statements, also apply.

We use in particular:

The Calendly booking page loads as an iframe only after your consent to the "Embeds" category in our cookie settings. This consent also covers Calendly's cookies. Calendly's own cookie banner is hidden in our embed. Calendly processes the booking data you enter on our behalf; it remains the controller for its own cookies. Sections 4.3.3 and 5.2 of our Cookie Policy describe the cookies and data transfer.

11.4 Audio and Video Conferencing

We use specialized audio and video conferencing services to communicate online. For example, we can use it to hold virtual meetings or conduct online classes and webinars. For participation in audio and video conferences, the legal texts of the individual services such as data protection declarations and terms of use apply in addition.

Depending on the life situation, we recommend muting the microphone by default when participating in audio or video conferences, as well as blurring the background or fading in a virtual background.

We use in particular:

11.5 Online Collaboration

We use third-party services to enable online collaboration. In addition to this privacy policy, any directly visible conditions of the services used, such as terms of use or privacy statements, also apply.

We use in particular:

11.6 Social Media Functions and Social Media Content

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

We use in particular:

11.7 Map Material

We use third-party services to embed maps into our website.

We use in particular:

11.8 Digital Audio and Video Content

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

We use in particular:

11.9 Fonts

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

We use in particular:

11.10 Advertising

We use the option to display targeted advertisements for our activities and operations on third parties such as social media platforms and search engines.

We would like to use such advertising to reach in particular people who are already interested in our activities and operations or who might be interested in them(remarketing and targeting). For this purpose, we may transmit corresponding - if necessary also personal - data to third parties that enable such advertising. We can also determine whether our advertising is successful, that is, in particular, whether it leads to visits to our website (conversion tracking).

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

We use in particular:

12. Extensions for the Website

We use extensions for our website in order to be able to use additional functions.

We use in particular:

13. Success and Reach Measurement

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

In most cases, the Internet Protocol (IP) addresses of individual users are stored for performance and reach measurement. In this case, IP addresses are generally shortened ("IP masking") in order to follow the principle of data economy through the corresponding pseudonymization.

Cookies may be used for performance and reach measurement and user profiles may be created. Any user profiles created include, for example, the individual pages visited or content viewed on our website, information on the size of the screen or browser window and the - at least approximate - location. In principle, any user profiles are created exclusively in pseudonymous form and are not used to identify individual users. Individual services of third parties with which users are registered can, at most, assign the use of our online offer to the user account or user profile with the respective service.

We use in particular:

14. Final Provisions

We may amend and supplement this privacy policy at any time. We will inform about such adjustments and additions in an appropriate form, in particular by publishing the respective current privacy policy on our website.