Data Protection

Aequator AG
St.Gallerstrasse 229
CH-9320 Arbon
Schweiz
+41 71 447 80 60
+41 71 447 80 65
sales@dont-want-spam.aequator.ch

Contact for questions about data protection
Name: Marcel Lendenmann
Address: St.Gallerstrasse 229, CH-9320 Arbon, Schweiz
E-Mail: sales@dont-want-spam.aequator.ch

We regard it as our primary duty to keep the personal data that you have provided confidential and to protect them against unauthorised access. For this reason, we apply the utmost care and latest security standards to ensure the maximum protection of your personal data.

As a company under private law, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act («Bundesdatenschutzgesetz», BDSG). We have taken technical and organisational measures to ensure that these data protection regulations are observed both by us and by our external service providers.

We are required by law to process personal data lawfully, fairly and in a transparent manner in relation to the data subject («lawfulness, fairness and transparency»). To ensure that this is the case, we are providing you with information about the individual legal definitions that are also being used in this privacy policy:

1. Personal Data
   «Personal data» means any information relating to an identified or identifiable natural person («data subject»); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
    
2. Processing
   «Processing» means every operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
    
3. Restriction of Processing
   «Restriction of processing» means the marking of stored personal data with the aim of limiting their processing in the future.
    
4. Profiling
   «Profiling» means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
    
5. Pseudonymization
   «Pseudonymization» means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
    
6. Filing System
   «Filing system» means any structured set of personal data which are accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis.
    
7. Controller
   «Controller» means 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; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
    
8. Processor
   «Processor» means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
    
9. Recipient
   «Recipient» means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
    
10. Third Party
    «Third party» means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
     
11. Consent
    «Consent» of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Processing shall be lawful only if and to the extent that there is a legal basis for the processing. In accordance with point (a) of Article 6(1) GDPR, a legal basis for processing can be, specifically:

a. the data subject has given consent to the processing of his or her personal data for one or more specific purposes;

b. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;

c. processing is necessary for compliance with a legal obligation to which the controller is subject;

d. processing is necessary in order to protect the vital interests of the data subject or of another natural person;

e. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

f. processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

(1) In the following, we provide information about the collection of personal data upon the use of our website. Personal data include all data that can be personally referenced to you such as name, address, email address, user behavior.

(2) Upon contacting us via e-mail, we will store the data you share with us (your email address and, if applicable, your name and telephone number) in order to answer your question. We will delete the data collected in this context after the purpose is no longer necessary or will limit their processing if legal retention requirements apply. The processing of this data is necessary to process your request and any subsequent order.

If you visit our website for purely informational purposes, meaning you do not register or provide other information to us, we collect only the personal data transmitted to our server by your browser. If you would like to view our website, we collect the following data which are technically necessary for us to display our website and to ensure its stability and security (legal basis is sentence 1 point [f] of Article 6[1] GDPR):

• IP address
• Date and time of request
• Time zone difference to Greenwich Mean Time (GMT)
• Content of the request (specific page)
• Access status/HTTP status code
• Respective volume of data transferred
• The website from which the request originates
• Browser
• Operating system and its interface
• Language and version of browser software

(1) In addition to the data named above, we store cookies on your computer when you use our website. Cookies are small text files that are stored on your hard drive and attributed to the browser you are using and that transmit certain information to the site that places the cookie (in this case, us). Cookies cannot run programs or infect your computer with viruses. They serve to make our Internet offering more user friendly and effective overall.

(2) This website uses the following types of cookies, the scope and functionality of which are explained in the following:

• transient cookies (see a.)
• persistent cookies (see b.).

a. Transient cookies are automatically deleted when you close your browser. They include, in particular, session cookies. Session cookies store a so-called session ID that allows different requests from your browser to be attributed to the same session. This makes it possible to recognize your browser if you return to our website. Session cookies are deleted when you log out or close your browser.

b. Persistent cookies are automatically deleted after a preset period of time, which can differ from cookie to cookie. You can delete the cookies at any time in the security settings of your browser.

c. You may configure your browser settings as you like to, for example, block third party cookies or all cookies. We advise you that you may not be able to use all features of this website if you block cookies.

d. We use cookies to be able to identify you on subsequent visits if you have an account with us. Otherwise, you must log in again each time you visit our website.

(1) As well as allowing you to use our website purely as a source of information, we also offer various services that you can take advantage of if they are of interest to you. For this, you usually need to provide further personal data that we use to provide the service concerned. The data processing principles stated above also apply here.

(2) In some cases, we use external service providers to process your data. We select and commission these service providers carefully. They are bound by our instructions and are regularly audited.

(3) Furthermore, we may pass your personal data on to third parties if we team up with partners to offer you the chance to participate in campaigns, prize draws, conclusion of contracts, or similar services. You will receive further information about this when you enter your personal data or will find it at the bottom of the description of the offer.

(4) If our service provider or partner is based in a country outside the European Economic Area (EEA), we will inform you about the consequences of this in the description of the offer.

As a basic principle, our offering is aimed at adults. Persons below the age of 18 should not send us any personal data without the consent of their parents or legal guardians.

Where personal data are processed on the basis of consent having been granted previously, you shall have the right to withdraw your consent at any time. Withdrawing consent does not affect the legality of the processing that was carried out with consent prior to its withdrawal.

You may contact us at any time to exercise your right of withdrawal.

You shall have the right to obtain from the controller confirmation as to whether or not we are processing personal data concerning you. You may request this confirmation at any time using the contact details provided here.

If personal data are being processed, you shall have the right to access this personal data and request the following information at any time:

a. the purposes of the processing;

b. the categories of personal data concerned;

c. the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

d. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

e. the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;

f. the right to lodge a complaint with a supervisory authority;

g. where the personal data are not collected from the data subject, any available information as to their source;

h. the existence of automated decision-making, including profiling, referred to in Article 22 Paragraphs 1 and 4 GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

Where personal data are transferred to a third country or to an international organisation, you shall have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer. We shall provide a copy of the personal data undergoing processing. For any further copies that you request, we may charge a reasonable fee based on administrative costs. Where you make the request by electronic means, and unless requested otherwise, the information shall be provided in a commonly used electronic form. The right to obtain a copy shall not adversely affect the rights and freedoms of others.

You shall have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

You shall have the right to obtain from the controller the erasure of personal data concerning you without undue delay and we shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

a. The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

b. The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing.

c. The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.

d. The personal data have been unlawfully processed.

e. The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

f. The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

The right to erasure («right to be forgotten») shall not apply to the extent that processing is necessary:

a. for exercising the right of freedom of expression and information;

b. for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

c. for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) GDPR;

d. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

e. for the establishment, exercise or defence of legal claims.

You shall have the right to have the processing of your personal data restricted by us where one of the following applies:

a. the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;

b. the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;

c. the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;

d. the data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted in accordance with the aforementioned preconditions, such personal data will, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

The data subject can contact us at any time using the contact details provided above to assert his/her right to have processing restricted.

You shall have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

a. the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) GDPR; and

b. the processing is carried out by automated means.

In exercising your right to data portability pursuant to paragraph 1, you shall have the right to have the personal data transmitted directly from the controller to another controller, where technically feasible. The exercise of the right to data portability shall be without prejudice to the right of erasure («right to be forgotten»). That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

You shall have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

Where personal data are processed for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), you shall, on grounds relating to your particular situation, have the right to object to processing of personal data concerning you, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

You may exercise your right to object at any time by contacting the relevant controller.

You shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision:

a. is necessary for entering into, or performance of, a contract between the data subject and a data controller;

b. is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or

c. is based on the data subject’s explicit consent.

The data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

The data subject may exercise this right at any time by contacting the relevant controller.

Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.

Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you shall have the right to an effective judicial remedy where you consider that your rights under this Regulation have been infringed as a result of the processing of your personal data in non-compliance with this Regulation.

(1) This website uses Google Analytics, a web analysis service from Google Inc. («Google»). Google Analytics uses what are known as «cookies», which are text files that are saved on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website will generally be transmitted to a Google server in the USA and stored there. If IP anonymisation is activated on this website, your IP address will, however, be truncated by Google beforehand within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google uses this information to analyse your use of the website, to compile reports on website activities, and to provide the website operator with other services associated with use of the website and the internet.

(2) The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

(3) You can prevent cookies from being saved by making the appropriate settings in your browser software. However, please note that doing so may result in restricted use of the website’s functions. In addition, you can prevent Google from collecting and processing the data generated by the cookie and related to your use of the website (including your IP address) by downloading and installing the browser plug-in that is available via the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

(4) This website uses Google Analytics with the «_anonymizeIp()» function. This ensures IP addresses are truncated before they are processed, which rules out personal identification. Therefore, if the data collected about you enable personal identification, this is immediately excluded and the personal data erased.

(5) We use Google Analytics to analyse the use of our website so we can regularly improve it. The statistics gained in this way allow us to improve our offering and make it more interesting for you as a user. For the exceptional cases where personal data are transferred to the USA, Google has committed itself to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6, Para. 1 p. 1 lit. f GDPR.

(6) Information about the third party: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. User terms and conditions: www.google.com/analytics/terms/de.html, overview of data protection: www.google.com/intl/de/analytics/learn/privacy.html, and data privacy policy: www.google.de/intl/de/policies/privacy.

(7) This website uses Google Analytics with the«anonymizeIp()» function. This ensures IP addresses are truncated before they are processed, which rules out personal identification. Therefore, if the data collected about you enable personal identification, this is immediately excluded and the personal data erased.

For uniform presentation of font types, this site uses the so-called web fonts made available by Monotype GmbH (fonts.com or fast.fonts.net). When a page is opened, your browser loads the required web fonts to correctly display texts and font types saving them to your browser cache.

The browser you use needs to establish connection with the servers of fonts.com for this purpose. Thus, fonts.com learns that our website was called via your IP address. Usage of fonts.com web fonts occurs in the interest of a uniform and appealing presentation of our online offer. This constitutes a legitimate interest within the meaning of art. 6 clause 1 (f) of the GDPR.

If your browser does not support web fonts, a standard font of your computer is used. For further information about web fonts please refer to www.fonts.com/info/legal and the data protection statement of fonts.com: https://www.fonts.com/info/legal/privacy/ and the data protection statement of https://www.monotype.com/legal/privacy-policy/.

To integrate scripts and libraries on our website, we use a Content Delivery Network (CDN) from Cloudflare, Inc. 101 Townsend Street, San Francisco, California 94107, USA («Cloudflare»). In a content delivery network, the content of our website is stored on the service provider’s server, which distributes this content to you or your browser via a network of regional servers when you access the website. The purpose of this is to better ward off attacks, e.g. DDos attacks, on our website as well as to make the contents of our pages available to you quickly and optimally in cases where there are large amounts of script and data.

Since the data traffic of our website runs over Cloudfare servers, your IP address is also transmitted to Cloudflare. Cloudflare is certified according to the US-Privacy-Shield and thus guarantees data processing according to the GDPR.
(https://www.privacyshield.gov/participant?id=a2zt0000000GnZKAA0&status=Active)

The legal basis for our use of Cloudflare is Art. 6 I (f) GDPR. Our legitimate interest arises from the fact that, using the service, we can take security measures against attacks on our website and large amounts of data can be delivered in an optimised manner. The interference with your fundamental freedoms is minimal, since Cloudflare guarantees the data protection level according to the GDPR.

Please refer to the Cloudflare Privacy Policy for more information:
https://www.cloudflare.com/security-policy.