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Privacy Policy

Data protection declaration

With this data protection declaration, we provide information on what personal data we process, for what purpose, how and where, in particular in connection with our www.capuli.ch-Website and our other services. With this data protection declaration, we also inform you about the rights of persons whose data we process.

Special, supplementary or further data protection declarations as well as other legal documents such as general terms and conditions (GTC), terms of use or conditions of participation may apply to individual or additional offers and services.

Our offer is 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 recognises that Swiss data protection law ensures adequate data protection.

1. contact addresses

Responsibility for the processing of personal data:

Ms Vanesa Vontobel Vargas
Capulí Ltd.
Teichweg 17
4142 Münchenstein
Switzerland

info@capuli.ch

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

1.1 Data protection officer

We have the following data protection officer as a point of contact for data subjects and as a contact for supervisory authorities in the event of enquiries relating to data protection law:

Vanesa Vontobel Vargas
Capulí GmbH
Teichweg 17
4142 Münchenstein
Switzerland

info@capuli.ch

1.2 Data protection representation in the European Economic Area (EEA)

We have the following data protection representation in accordance with Article 27 of the GDPR in the European Economic Area (EEA) including the European Union (EU) and the Principality of Liechtenstein, Iceland and Norway as an additional point of contact for supervisory authorities and data subjects for enquiries in connection with the General Data Protection Regulation (GDPR):

VGS Datenschutzpartner UG
Am Kaiserkai 69
20457 Hamburg
Germany

info@datenschutzpartner.eu

2 Processing of personal data
2.1 Terms

Personal data is any information relating to an identified or identifiable person. A data subject is a person about whom personal data are processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, acquisition, collection, deletion, storage, modification, destruction and use of personal data.

The European Economic Area (EEA) comprises the European Union (EU) and the Principality of Liechtenstein, Iceland and Norway. The General Data Protection Regulation (GDPR) refers to the processing of personal data as the processing of personal data.

2.2 Legal basis

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

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

Art. 6 para. 1 lit. b DSGVO for the necessary processing of personal data for the performance of a contract with the data subject as well as for the implementation of pre-contractual measures.
Art. 6 para. 1 lit. f DSGVO 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 are, in particular, our interest in being able to provide our offer permanently, in a user-friendly, secure and reliable manner, as well as to be able to advertise for it as required, information security as well as protection against misuse and unauthorised use, the enforcement of our own legal claims and compliance with Swiss law.
Art. 6 para. 1 lit. c DSGVO 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 para. 1 lit. e DSGVO for the necessary processing of personal data for the performance of a task which is in the public interest.
Art. 6 para. 1 lit. a DSGVO for the processing of personal data with the consent of the data subject.
Art. 6 (1) (d) of the GDPR for the necessary processing of personal data to protect the vital interests of the data subject or another natural person.

2.3 Type, scope and purpose

We process the personal data that is required to provide our services in a permanent, user-friendly, secure and reliable manner. Such personal data can fall into the categories of inventory and contact data, browser and device data, content data, meta or marginal data and usage data, location data, sales, contract and payment data.

We process personal data for the period of time required for the relevant purpose(s) or as required by law. Personal data whose processing is no longer required is anonymised or deleted. Persons whose data we process generally have the right to have their data deleted.

In principle, we only process personal data with the consent of the data subject, unless the processing is permitted for other legal reasons, for example to fulfil a contract with the data subject and for corresponding pre-contractual measures, to protect our overriding legitimate interests, because the processing is evident from the circumstances or after prior information.

In this context, we process in particular information that a data subject provides to us voluntarily and of his or her own accord when contacting us – for example, by letter, email, contact form, social media or telephone – or when registering for a user account. We may store such information, for example, in an address book or with comparable tools. If you transmit personal data to us via third parties, you are obliged to guarantee data protection vis-à-vis such third parties and to ensure the accuracy of such personal data.

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

Personal data from job applications are only processed insofar as they are necessary for the assessment of suitability for an employment relationship or for the subsequent implementation of an employment contract. The personal data required for the implementation of an application procedure results from the information requested or provided, for example in the context of a job advertisement. Applicants have the option of voluntarily providing further information for their respective applications.

2.4 Processing of personal data by third parties, also abroad

We may have personal data processed by commissioned third parties or process it jointly with third parties or with the help of third parties or transmit it to third parties. Such third parties are in particular providers whose services we use. We also ensure appropriate data protection for such third parties.

Such third parties are generally located in Switzerland and the European Economic Area (EEA). However, such third parties may also be located in other states and territories on earth as well as elsewhere in the universe, provided that their data protection law guarantees adequate data protection according to the assessment of the Federal Data Protection and Information Commissioner (FDPIC) and – if and insofar as the General Data Protection Regulation (GDPR) is applicable – according to the assessment of the European Commission, or if adequate data protection is guaranteed for other reasons, such as through a corresponding contractual agreement, in particular on the basis of standard contractual clauses, or through a corresponding certification. Exceptionally, such a third party may be located in a country without adequate data protection, provided that the requirements under data protection law, such as the express consent of the data subject, are met.

3. rights of data subjects

Data subjects whose personal data we process have rights under Swiss data protection law. These include the right to information and the right to correction, deletion or blocking of the personal data processed.

Data subjects whose personal data we process may – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – request confirmation free of charge as to whether we are processing their personal data and, if so, request information about the processing of their personal data, have the processing of their personal data restricted, exercise their right to data portability and have their personal data corrected, deleted (“right to be forgotten”), blocked or completed.

Data subjects whose personal data we process may – if and insofar as the GDPR is applicable – revoke consent given at any time with effect for the future and object to the processing of their personal data at any time.

Data subjects whose personal data we process have a right of appeal to a competent supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

4 Data security

We take appropriate and suitable technical and organisational measures to ensure data protection and in particular data security. However, despite such measures, the processing of personal data on the Internet can always have security gaps. We cannot therefore guarantee absolute data security.

Access to our online offer takes place via transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers indicate transport encryption with a padlock in the address bar.

Access to our online offer is subject – as is basically any use of the Internet – to mass surveillance and other monitoring by security authorities in Switzerland, in the European Union (EU), in the United States of America (USA) and in other countries without any reason or suspicion. We cannot directly influence the corresponding processing of personal data by secret services, police agencies and other security authorities.

5 Use of the website
5.1 Cookies

We may use cookies for our website. Cookies – both our own cookies (first-party cookies) and cookies from third parties whose services we use (third-party cookies) – are data that are stored in your browser. Such stored data need not be limited to traditional cookies in text form. Cookies cannot run programs or transmit malware such as Trojans and viruses.

Cookies can be stored in your browser temporarily as “session cookies” when you visit our website or for a certain period of time as so-called permanent cookies. “Session cookies” are automatically deleted when you close your browser. Permanent cookies have a specific storage period. In particular, they enable us to recognise your browser the next time you visit our website and thus, for example, to measure the reach of our website. Permanent cookies can also be used for online marketing, for example.

You can deactivate or delete cookies in full or in part at any time in your browser settings. Without cookies, our website may no longer be fully available. We actively request your express consent for the use of cookies – if and to the extent necessary.

In the case of cookies used for performance and reach measurement or for advertising, a general objection (“opt-out”) is possible for many services via the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

5.2 Server log files

We may record 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), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including 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. This information is necessary in order to provide our online service in a permanent, user-friendly and reliable manner and to ensure data security and thus in particular the protection of personal data – also by third parties or with the help of third parties.

5.3 Tracking pixels

We may use tracking pixels on our website. Tracking pixels are also referred to as web beacons. Tracking pixels – including those from third parties whose services we use – are small, usually invisible images that are automatically retrieved when you visit our website. Pixel counters can be used to collect the same information as server log files.

6. notifications and communications

We send notifications and communications such as newsletters by email and via other communication channels such as instant messaging.

6.1 Performance measurement and reach measurement

Notifications and communications may contain web links or tracking pixels that record whether an individual communication has been opened and which web links have been clicked. Such web links and tracking pixels may also record the use of notifications and messages on a personal basis. We need this statistical recording of usage for performance and reach measurement in order to be able to offer notifications and communications effectively and in a user-friendly manner based on the needs and reading habits of the recipients, as well as permanently, securely and reliably.

6.2 Consent and objection

In principle, you must expressly consent to the use of your e-mail address and other contact addresses, unless such use is permitted for other legal reasons. For any consent to receive e-mails, we use the “double opt-in” procedure where possible, i.e. you will receive an e-mail with a web link which you must click to confirm, so that no misuse by unauthorised third parties can take place. We may log such consents including Internet Protocol (IP) address, date and time for evidence and security reasons.

In principle, you can unsubscribe from notifications and communications such as newsletters at any time. This does not apply to notifications and communications that are absolutely necessary for our services. By unsubscribing, you can in particular object to the statistical recording of usage for performance and reach measurement.

6.3 Service providers for notifications and communications

We send notifications and communications via third-party services or with the help of service providers. Cookies may also be used in the process. We also ensure appropriate data protection for such services.

We use CleverReach to send and manage newsletters. CleverReach is a service of the German CleverReach GmbH & Co. KG. Information on the type, scope and purpose of data processing can be found in the CleverReach data protection declaration.

7 Social media

We are present on social media platforms and other online platforms in order to communicate with interested persons and to inform them about our offer. In doing so, 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 online platforms also apply in each case. These provisions inform in particular about the rights of data subjects, which include in particular the right to information.

For our social media presence on Facebook, including the so-called Page Insights, we are jointly responsible with Facebook Ireland Limited in Ireland, if and to the extent that the GDPR is applicable. 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 way.

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 (“Data Policy”). We have concluded the so-called “Responsible Party Addendum” with Facebook and have thus agreed 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 pages “Page Insights Information” including “Page Insights Addendum Regarding the Controller” and “Page Insights Data Information” of Facebook respectively.

Users of social media platforms have the option of logging in or registering for our online offering with their corresponding user account (“social login”). The respective terms and conditions of the social media platforms concerned, such as the General Terms and Conditions (GTC) and Terms of Use or data protection declarations, apply.

8. performance and reach measurement

8.1 Google Analytics

We use Google Analytics to analyse how our website is used, including measuring the reach of our website and the success of third-party links to our website. This is a service provided by the American company Google LLC. For users in the European Economic Area (EEA) and in Switzerland, the Irish company Google Ireland Limited is responsible.

Google also attempts to record individual visitors to our website if they use different browsers or devices (cross-device tracking). Cookies are also used for this purpose. Google Analytics requires your Internet Protocol (IP) address, but this is not merged with other Google data.

In any case, we have your Internet Protocol (IP) address anonymised before analysis by Google. As a result, your complete IP address will not be transmitted to Google in the USA.

Further information on the nature, scope and purpose of data processing can be found in Google’s privacy and security policy and data protection statement in each case, in the guide to data protection in Google products (including Google Analytics), in the information on how Google uses data from websites on which Google services are used and in the information on cookies at Google. In addition, it is possible to use the “Browser Add-on to deactivate Google Analytics” as well as to object to personalised advertising.

8.2 WordPress.com Stats

We use WordPress.com Stats, a module of the WordPress extension Jetpack, to measure the reach of our online offer. Cookies are also used in this process. Jetpack is a service provided by Aut O’Mattic A8C Ireland Ltd. in Ireland and Automattic Inc. in the USA, which is known for its WordPress.com service, among other things. Further information on the type, scope and purpose of data processing can be found in Automattic’s privacy policy for websites, in Automattic’s general privacy policy and in the “Jetpack Privacy Center” as well as on the page about cookies at Jetpack.

9. third party services

We use third party services to provide our service in a durable, user-friendly, secure and reliable manner. Such services are also used to embed content on our website. Such services – for example hosting and storage services, video services and payment services – require your Internet Protocol (IP) address, as such services cannot otherwise transmit the corresponding content. Such services may be located outside of Switzerland and the European Economic Area (EEA), provided that adequate data protection is guaranteed.

For their own security-related, statistical and technical purposes, third parties whose services we use may also process data in connection with our offer as well as from other sources – including cookies, log files and counting pixels – in aggregated, anonymised or pseudonymised form.

9.1 Digital infrastructure

We use third party services to provide the necessary digital infrastructure for our services. This includes, for example, hosting and storage services from specialised providers.

In particular, we use:

WordPress.com: blog hosting and website builder; provider: Automattic Inc. (USA) / Aut O’Mattic A8C Ireland Ltd. (Ireland) for users in mainland Europe, among other countries; information on data protection: data protection declaration, “Automattic and the General Data Protection Regulation (DSGVO)”.

9.2 Social media functions and social media content

9.2.1 Facebook

We use social plugins from Facebook to embed Facebook functions and Facebook content on our website. Such functions are, for example, “Like” or “Share”. Cookies are also used in this process. You can find more information on Facebook’s “Social Plug-ins” page.

The social plug-ins are offered by Facebook Ireland Ltd. in Ireland or the American Facebook Inc. If you are logged in to Facebook as a user, Facebook can assign the use of our online offer to your profile. Further information on the type, scope and purpose of data processing can be found in Facebook’s privacy policy (“Data Policy”).

9.2.2 Instagram

We use the option of embedding Instagram functions and content for our website. This allows us, for example, to show you images published on Instagram within the framework of our website. Cookies are also used in this process.

Instagram is a service of Facebook Ireland Limited in Ireland and the American Facebook Inc. If you are logged in to Instagram or other Facebook services as a user, Facebook can assign the use of our online service to your profile. Further information on the type, scope and purpose of data processing can be found in Instagram’s privacy policy.

9.3 Entertainment

We use YouTube to embed videos on our website. Cookies are also used in the process. YouTube is a service of the American Google LLC. For users in the European Economic Area (EEA) and Switzerland, the Irish company Google Ireland Limited is responsible. Further information on the nature, scope and purpose of data processing can be found in Google’s privacy and security policy and data protection statement in each case, in the guide to data protection in Google products (including YouTube), in the information on how Google uses data from websites on which Google services are used and in the information on cookies at Google. In addition, there is the possibility to object to personalised advertising.

9.4 Documents

We use third-party services to integrate documents into our website. Such documents may include, for example, forms, PDF files, presentations, tables and text documents.

In particular, we use:

Google Docs: text documents as well as forms, presentations and spreadsheets; Provider: Google LLC (USA) / Google Ireland Limited (Ireland) for users in the European Economic Area (EEA) and Switzerland; Data protection information: “Privacy and Security Principles”, Privacy Policy, “Privacy in Google Products” guide (including Google Docs), “How Google uses cookies”.

9.5 Fonts

We use Google Fonts to embed selected fonts in our website. No cookies are used in this process. This is a service of the American Google LLC, which is offered independently of other Google services. For users in the European Economic Area (EEA) and in Switzerland, the Irish company Google Ireland Limited is responsible. Further information on the nature, scope and purpose of data processing can be found in the Privacy and Security Policy and in Google’s privacy policy.

9.6 Payments

We use payment service providers in order to be able to process payments from our customers securely and reliably. The terms and conditions of the respective payment service providers, such as General Terms and Conditions (GTC) or data protection declarations, apply to the processing in each case.

We use in particular:

PayPal including Braintree: processing of payments; providers: PayPal (Europe) S.à.r.l. et Cie, S.C.A (Luxembourg) / PayPal Pte. Ltd. (Singapore); information on data protection: data protection statement, “Statement on cookies and tracking technologies”.
PostFinance: e-payment solutions; provider: PostFinance AG (Switzerland); data protection information: “Legal information and accessibility”, “Data protection” (including “Data protection declaration”).
TWINT: Processing of payments in Switzerland; provider: TWINT AG (Switzerland); data protection information: “Data protection for TWINT apps”, “Data protection declaration website”, “General terms and conditions for the use of TWINT” including section “Data protection”.

9.7 Advertising

9.7.1 Facebook Ads

We use Facebook Ads in order to be able to advertise our offer in a targeted manner on Facebook. Facebook Ads is an offer of Facebook Ireland Ltd. in Ireland and the American Facebook Inc. Facebook Ads also use cookies.

With such advertising, we would like to reach in particular people who are interested in our online offer or who already use our online offer. For this purpose, we transmit corresponding – possibly also personal – information to Facebook (Custom Audiences including Lookalike Audiences), in particular with the so-called Facebook Pixel. We can also determine whether our advertising is successful, i.e. whether it leads to visits to our website (conversion tracking).

Further information on the type, scope and purpose of data processing can be found in Facebook’s privacy policy (“Data Policy”). In addition, Facebook users can use advertising preferences to influence which advertisements they see on Facebook and which advertisements will be displayed to them on Facebook in the future.

9.7.2 Google Ads

We use Google Ads (formerly AdWords) to advertise our services on the Google search engine and elsewhere on the Internet, for example on other websites, based on search queries, among other things. Google Ads is a service of the American Google LLC. For users in the European Economic Area (EEA) and in Switzerland, the Irish company Google Ireland Limited is responsible. Google Ads also uses cookies. Google uses various domain names – in particular doubleclick.net, googleadservices.com and googlesyndication.com – for Google Ads.

We would like to use such advertising to reach people who are interested in our online offer or who already use our online offer. For this purpose, we transmit corresponding – possibly also personal – information to Google (remarketing). We can also determine whether our advertising is successful, i.e. whether it leads to visits to our website (conversion tracking).

Further information on the nature, scope and purpose of data processing can be found in Google’s data protection and security principles and privacy policy, in the information on how Google uses data from websites on which Google services are used and in the information on cookies at Google. In addition, there is the possibility to object to personalised advertising.

9.7.3 Instagram Ads

We use Instagram Ads to be able to specifically advertise our offer on Instagram. Instagram Ads is an offer from Facebook Ireland Limited in Ireland or the American Facebook Inc. Cookies may also be used.

With such advertising, we would like to reach in particular people who are interested in our online offer or who already use our online offer. For this purpose, we transmit corresponding – possibly also personal – information to Facebook (Custom Audiences including Lookalike Audiences), in particular with the so-called Facebook Pixel. We can also determine whether our advertising is successful, i.e. whether it leads to visits to our website (conversion tracking).

Further information on the nature, scope and purpose of data processing can be found in Instagram’s privacy policy and Facebook’s privacy policy (“Data Policy”). In addition, users can check which interests the advertising relates to via Instagram’s advertising preferences and influence which advertising is shown to them via Facebook’s advertising preferences.

10. extensions for the website

We use the WordPress extension Jetpack, which enables various functions we need for our online offering in the form of modules. Cookies are also used in this process. Jetpack is a service provided by Aut O’Mattic A8C Ireland Ltd. in Ireland and Automattic Inc. in the USA, which is known for its WordPress.com service, among other things. Further information on the type, scope and purpose of data processing can be found in Automattic’s privacy policy for websites, in Automattic’s general privacy policy and in the “Jetpack Privacy Center” as well as on the page about cookies at Jetpack.

11. final provisions

We have created this privacy policy using the privacy generator of Datenschutzpartner.

We can adapt and supplement this data protection declaration 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.

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