Privacy Policy

We use cookies (and other similar technologies) to collect data to improve your experience on our site. By using our website, you’re agreeing to the collection of data as described in the following privacy policy. You can review and update your consents settings at any time.

The responsible body as defined by data protection law, in particular the EU General Data Protection Regulation (GDPR), is:

Moser Baer AG
Spitalstrasse 7
3454 Sumiswald
Schweiz

Tel. +41 34 432 46 46
Fax +41 34 432 46 99
moserbaer@mobatime.com

General Information

Based on Article 13 of the Swiss Federal Constitution and the data protection regulations of the federal government (Data Protection Act, DSG), every person has the right to protection of their privacy and protection against misuse of their personal data. The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this Privacy Policy.

In cooperation with our hosting providers, we put forth effort to protect the databases as well as possible against third-party access, loss, misuse or falsification.

We would like to point out that data transmission online (e.g. when communicating by email) may pose security risks. It is not possible to provide complete data protection against third-party access.

By using this website, you agree to the collection, processing and use of data as described below. This website can generally be visited without registration. As a result, data, such as the pages retrieved, the name of the file retrieved, the date and time, is stored on the server for statistical purposes and without this data being directly related to your person. Personal data, in particular names, addresses or email addresses, is collected on a voluntary basis insofar as this is possible. The data will not be passed on to third parties without your consent.

Processing of Personal Data

Personal data is all information that relates to a specific or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, erasure, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. In addition, we process personal data in accordance with the following legal bases in connection with Art. 6, para. 1 GDPR – provided that and if the EU GDPR is applicable:

letter a) Processing of personal data with the consent of the data subject.

letter b) Processing of personal data to fulfill a contract with the data subject and to perform appropriate pre-contractual measures.

letter c) Processing of personal data to fulfill a legal obligation to which we are subject under any applicable EU law or under any applicable law of a country in which the GDPR is fully or partially applicable.

letter d) Processing of personal data in order to protect the vital interests of the data subject or another natural person.

letter f) Processing of personal data in order to safeguard our legitimate interests or those of third parties, provided that the fundamental freedoms and rights, and the interests of the data subject do not prevail. Legitimate interests are in particular our business interest in being able to provide our website, information security, enforcement of our own legal claims and compliance with Swiss law.

We process personal data for the duration necessary for the respective purpose or purposes. In the case of longer-lasting storage obligations due to legal and other obligations to which we are subject, we restrict processing accordingly.

Privacy Statement for Cookies

This site uses cookies. They are small text files that make it possible to store specific, user-related information on the user’s device while the user is using the website. Cookies make it possible to determine, in particular, the frequency of use and the number of the sites’ users, to analyze behavior of site use, but also to make our offer more customer-friendly. Cookies remain stored at the end of a browser session and can be retrieved again when the site is revisited. If you do not want this, you should set your internet browser so that it refuses to accept cookies.

A general objection to the use of cookies for online marketing purposes can be raised 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/. Furthermore, it is possible to switch off the storage of cookies in the browser settings. Please note that in this case you may not be able to use all features of this online content.

Privacy Statement for SSL/TLS Encryption

This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content, such as requests that you send to us as the site operator. 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.

Privacy Statement for Server Log Files

The provider of this website automatically collects and stores information in what are known as server log files that your browser automatically transmits to us. This includes:

  • Browser type and browser version
  • Operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Time of server request

This data cannot be assigned to specific persons. This data is not merged with other data sources. We reserve the right to subsequently check this data if we detect specific indications of illegal use.

Third-Party Services

This website may use Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam, and YouTube for embedding videos.

These services of Google LLC in America use cookies, among other things, and as a result data is transmitted to Google in the USA, whereby we assume that no personal tracking takes place within the context of solely using our website.

Google has agreed to ensure adequate data protection in accordance with the American-European and the American-Swiss Privacy Shield.

Further information can be found in Google’s privacy policy.

Privacy Statement for Contact Form

If you send us inquiries via the contact form, we will store your details from the inquiry form, including the contact details that you have provided on it, for the purpose of processing the inquiry and in the event of follow-up questions. We do not pass this data on without your consent.

Right to Confirmation

Every data subject has the right to request confirmation from the website operator as to whether personal data relating to data subjects is processed. If you would like to make use of this right of confirmation, you can contact the data protection officer at any time.

Access

Every data subject affected by the processing of personal data has the right to receive free information from the website operator about the personal data stored about the data subject and a copy of this information at any time. Furthermore, the following information can be provided if necessary:

  • The purposes of the processing
  • The categories of personal data concerned
  • The recipients to whom the personal data has been or will be disclosed
  • Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
  • 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
  • The right to lodge a complaint with a supervisory authority
  • Where the personal data is not collected from the data subject, any available information as to its source

Furthermore, the data subject has a right of access to see whether personal data has been transmitted to a third country or to an international organization. If this is the case, the data subject has the right to receive information about the appropriate guarantees in connection with the transmission.

If you would like to make use of this right of access, you can contact our data protection officer at any time.

Right to Rectification

Every data subject affected by the processing of personal data has the right to demand the immediate rectification of inaccurate personal data concerning the data subject. Taking into account the purposes of processing, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary statement.

If you would like to make use of this right to rectification, you can contact our data protection officer at any time.

Right to Erasure (Right to be Forgotten)

Any data subject affected by the processing of personal data has the right to demand from the controller of this website the immediate erasure of personal data concerning the data subject if one of the following reasons applies and if the processing is not necessary:

  • The personal data was collected for such purposes or otherwise processed for which it is no longer necessary
  • The data subject withdraws its consent on which the processing was based, and there is no other legal basis for the processing
  • The data subject objects to the processing for reasons arising from their particular situation, and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing in the case of direct advertising and associated profiling
  • The personal data was processed unlawfully
  • Erasure of the personal data is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject
  • The personal data was collected in relation to information society services offered that made directly to a child

If one of the above reasons applies and you wish to have personal data stored by the operator of this website erased, you can contact our data protection officer at any time. The data protection officer of this website will make arrangements so that the request for erasure can be complied with immediately.

Right to Restriction of Processing

Any data subject affected by the processing of personal data has the right to request that the controller of this website restricts the processing if one of the following conditions is met:

  • 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
  • The processing is unlawful, and the data subject opposes the erasure of the personal data, and requests the restriction of its use instead
  • The controller no longer needs the personal data for the purposes of the processing, but it is required by the data subject for the establishment, exercise or defense of legal claims
  • The data subject has objected to processing for reasons arising from their particular situation, and it is not yet clear whether the legitimate reasons of the controller override those of the data subject

If one of the above conditions is met and you wish to request the restriction of personal data stored by the website operator, you can contact our data protection officer at any time. The data protection officer of this website will arrange for the restriction of processing.

Right to Data Portability

Every data subject affected by the processing of personal data has the right to receive the personal data concerning them in a structured, common and machine-readable format. They also have the right to have this data transmitted to another controller if the legal requirements are met.

Furthermore, the data subject has the right to have the personal data transmitted directly from one controller to another, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other persons.

To assert the right to data portability, you can contact the data protection officer appointed by the website operator at any time.

Right to Object

Every data subject affected by the processing of personal data has the right to object at any time to the processing of personal data relating to them for reasons that arise from their particular situation.

The operator of this website will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing, which override the interests, rights and freedoms of the data subject, or if the processing is necessary to assert, exercise or defend legal claims.

To exercise the right to object, you can contact the data protection officer of this website directly.

At any time, every data subject affected by the processing of personal data has the right to withdraw consent that was given to the processing of personal data.

If you would like to assert your right to withdraw your consent, you can contact our data protection officer at any time.

Use of Google Maps

This website uses the offer of Google Maps. This enables us to show you interactive maps directly on the website and enables you to conveniently use the map function. When you visit the website, Google receives the information that you have accessed the corresponding sub-page 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 into 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 it for purposes of 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 settings options for protecting your privacy, can be found at: www.google.de/intl/de/policies/privacy.

Use of Google reCAPTCHA

This website uses the reCAPTCHA service from Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). The retrieval serves the purpose of distinguishing whether the input is made by a human or by automated, machine processing. The retrieval 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. However, your IP address will be truncated beforehand 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 will the full IP address be sent to a Google server in the USA and truncated 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. An adequacy decision by the European Commission, the “Privacy Shield”, is in place for data transfers to the USA. Google participates in the “Privacy Shield” and is subject to the guidelines. By confirming the retrieval, you consent to the processing of your data. With your consent, processing takes place on the basis of Art. 6 (1) letter a GDPR. You can withdraw your consent at any time without affecting the legality of the processing performed on the basis of the consent up to the withdrawal.

You can find more information about Google reCAPTCHA and the associated privacy policy at: https://policies.google.com/privacy?hl=de

Privacy Statement for Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the controller for data processing on this website is located outside the European Economic Area or Switzerland, Google Analytics data processing is performed by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as “Google”.

We can use the obtained statistics to improve our offer and make it more interesting for you as a user. This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out using a user ID. If you have a Google user account, you can deactivate the cross-device analysis of your use in the settings under “My data,” “Personal data”.

The legal basis for the use of Google Analytics is Art. 6, Para. 1, Clause 1, letter f GDPR. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. We would like to point out that on this website Google Analytics has been extended by the code “_anonymizeIp();” to ensure anonymous collection of IP addresses. As a result, IP addresses are further processed in truncated form, which means that they cannot be linked to individuals. If the data collected about you has a personal reference, it will be excluded immediately, and the personal data will be erased immediately.

Only in exceptional cases will the full IP address be sent to a Google server in the USA and truncated 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 to the website operator related to website activity and internet usage. In the exceptional cases in which personal data is transferred to the USA, Google is subject to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

Google Analytics uses cookies. The information generated by the cookies about your use of this website is usually transmitted to a Google server in the USA and stored there. You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case, where applicable, you will not be able to use all of the functions of this website in full. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing the browser plug-in available using the following link: Disable Google Analytics.

You can also prevent the use of Google Analytics by clicking on this link: Disable Google Analytics. This stores what is known as an opt-out cookie on your data carrier, which prevents the processing of personal data by Google Analytics. Please note that if you erase all cookies on your device, these opt-out cookies will also be erased, i.e. you will have to place the opt-out cookies again if you want to continue preventing this form of data collection. The opt-out cookies are placed per browser and computer/device, and must, therefore, be activated separately for each browser, computer or other device.

Privacy Statement for the Use of Google Web Fonts

This website uses what are known as web fonts provided by Google for the uniform display of fonts. When you retrieve a page, your browser loads the required web fonts into your browser cache to display text and fonts correctly. If your browser does not support web fonts, a standard font will be used from your computer.

You can find more information about Google Web Fonts at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://www.google.com/policies/privacy/

Google Tag Manager

Google Tag Manager is a solution with which we can manage what are known as 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 of the users’ personal data. With regard to the processing of users’ personal data, reference is made to the following information on Google services. Use policy: https://www.google.com/intl/de/tagmanager/use-policy.html.

Privacy Statement for Facebook

This website uses features from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. When you visit our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. In doing so, data is already being transferred to Facebook. If you have a Facebook account, this data can be linked to it. If you do not want this data to be assigned to your Facebook account, please log out of Facebook before visiting our site. Interactions, in particular using a comment function or clicking a “Like” or “Share” button, are likewise transmitted to Facebook. Learn more at https://de-de.facebook.com/about/privacy.

Privacy Statement for LinkedIn

This website uses functions of the LinkedIn network. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Each time one of our pages that contains LinkedIn functions is accessed, a connection to LinkedIn servers is established. LinkedIn is informed that you have visited our website with your IP address. If you click on LinkedIn’s “Recommend” button and are logged into your LinkedIn account, LinkedIn is able to assign your visit to our website to you and your user account. We would like to point out that as the provider of the site, we have no knowledge of the content of the data transmitted or how it is used by LinkedIn.

You can find more information about this in LinkedIn’s privacy policy at: https://www.linkedin.com/legal/privacy-policy

Privacy Statement for YouTube

Features of the “YouTube” service are integrated on this website. “YouTube” is owned by Google Ireland Limited, a company registered and operating under the laws of Ireland with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland, which operates the services in the European Economic Area and Switzerland.

Your legal agreement with “YouTube” consists of the terms and conditions which can be found using the following link: https://www.youtube.com/static?gl=de&template=terms&hl=de. These terms form a legally binding agreement between you and “YouTube” regarding the use of the services. Google’s privacy policy explains how “YouTube” handles your personal data and protects your data when you use the service.

Privacy Statement for Vimeo

Plug-ins of the video portal Vimeo of Vimeo, LLC, 555 West 18th Street, New York, New York 10011, USA are integrated on this website. Each time you visit a page that offers one or more Vimeo video clips a direct connection is established between your browser and a Vimeo server in the USA. Information about your visit and your IP address are stored there. By interacting with the Vimeo plug-ins (e.g. clicking the start button), this information is also transmitted to Vimeo and stored there. You can find Vimeo’s privacy statements in the Vimeo privacy policy containing more detailed information on the collection and use of your data by Vimeo.

If you have a Vimeo user account and do not want Vimeo to collect data about you via this website and link it to your member data stored on Vimeo, you must log out of Vimeo before visiting this website.

In addition, Vimeo accesses the Google Analytics tracker via an iFrame in which the video is retrieved. This is Vimeo’s own tracking, to which we have no access. You can prevent tracking by Google Analytics by using the deactivation tools that Google offers for some internet browsers. You can also prevent Google from collecting the data generated by Google Analytics and related to your use of the website (including your IP address) and from Google processing this data. To do so, download and install the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de

Notice regarding data transfers to the USA (United States of America)

For reasons of completeness, we would like to point out that US authorities have surveillance measures in place for users based in Switzerland, which generally enable the storage of all personal data from Switzerland that has been transmitted to the USA.

This is done without any differentiation, limitation or exception based on the objectives pursued and without any objective criterion that would make it possible to limit the access of the US authorities to the data and its subsequent use to very specific, strictly limited purposes that could justify the intervention associated with the access to the data as well as with its use. In addition, we would like to point out that there are no legal remedies in the USA for data subjects from Switzerland that would allow access to the data concerning you and to obtain its correction or erasure. There is no effective legal protection against general access rights by US authorities either. We explicitly draw the data subject’s attention to this legal and factual situation in order to make an appropriately informed decision to consent to the use of the data subject’s data.

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

Copyrights

Copyrights and all other rights to content, images, photos or other files on the website belong exclusively to the operator of this website or the specifically named rights holders. For the reproduction of all files, the written consent of the copyright holder must be obtained in advance.

Anyone who commits a copyright infringement without the consent of the respective rights holder may be liable to prosecution and may be liable for damages.

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, errors may arise and cannot be completely ruled out, which means that we cannot guarantee the completeness, correctness and recentness 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 erase texts at its own discretion and without notice and is not obligated 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 its partners are not responsible for any damage, such as direct, indirect, accidental, damage 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 or 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 sites are solely responsible for their content. The publisher expressly distances itself from all third-party content that may be relevant under criminal or liability law or that offends common decency.

Amendments

We may adjust this privacy policy at any time without prior notice. The current version published on our website applies. Insofar as the privacy policy is part of an agreement with you, we will inform you about an update via email or by other suitable means.

Questions for the Data Protection Officer

If you have any questions regarding data protection, please send us an email or directly contact the controller for data protection within our organization listed at the beginning of the privacy policy.

Sumiswald, February 11, 2022
Source: SwissAnwalt