Privacy Policy
This privacy statement informs you about the personal data we process in connection with our activities and operations, including our https://nxgen.io-Website website. In particular, we provide information on what personal data we process, for what purpose, how and where. We also inform about the rights of persons whose data we process.
For individual or additional activities and operations, further data protection statements and other legal documents such as general terms and conditions (GTC), terms of use or conditions of participation may apply.
We are subject to Swiss data protection law and any applicable foreign data protection law, 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 an adequate level of data protection.
1. contact addresses
Responsibility for the processing of personal data:
NXGEN Technology AG
Technoparkstrasse 1 CH-8005 Zurich
info@nxgen.io
We point out if there are other persons responsible for the processing of personal data in individual cases.
1.1 Data Protection Officer or Data Protection Advisor
We have the following data protection officer or data protection advisor as a contact point for data subjects and authorities with enquiries in connection with data protection:
Yves Neuhaus
Technoparkstrasse 1 8005 Zurich
yves@nxgen.io
1.2 Data protection representation in the European Economic Area (EEA)
We have the following data protection representation in accordance with Art. 27 DSGVO:
VGS Datenschutzpartner GmbH
Am Kaiserkai 69 20457 Hamburg Germany
info@datenschutzpartner.eu
The data protection representation serves data subjects and authorities in the European Union (EU) and the rest of the European Economic Area (EEA) as an additional point of contact for enquiries in connection with the GDPR.
2 Terms and legal basis
2.1 Terms
Personal data is any information relating 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, irrespective of the means and procedures used, such as querying, matching, adapting, archiving, storing, reading out, disclosing, procuring, recording, collecting, deleting, disclosing, arranging, organising, 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) defines 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 Data Protection Act (DPA) and the Data Protection Ordinance (DPO).
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:
Article 6(1)(b) of the GDPR for the necessary processing of personal data for the performance of a contract with the data subject and for the implementation of pre-contractual measures.
Article 6(1)(f) of the GDPRfor the necessary processing of personal data in order 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 carry out our activities and operations in a permanent, 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.
Article 6(1)(c) of the GDPR for the necessary processing of personal data for the fulfilment of 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(1)(a) of the GDPR for the processing of personal data with the consent of the person concerned.
Article 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.
3 Nature, scope and purpose
We process those personal data that are necessary to be able to carry out our activities and operations in a permanent, user-friendly, secure and reliable manner. Such personal data may in particular 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 data as well as contract and payment data.
We process personal data for the period of time required for the respective purpose(s) or as required by law. Personal data whose processing is no longer required is anonymised or deleted.
We may have personal data processed by third parties. We may process personal data jointly with third parties or transmit it to third parties. Such third parties are, in particular, specialised providers whose services we use. We also guarantee 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 insofar as the processing is permissible for other legal reasons, we may waive the requirement to obtain consent. For example, we may process personal data without consent in order to fulfil 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 us – for example, by letter, email, instant messaging, contact form, social media or telephone – or when registering for a user account. We may store such information, for example, in an address book, in a cust- omer relationship management system (CRM system) or with comparable tools. If we receive data about other persons, the persons providing the data are obliged to ensure data protection vis-à-vis these persons and to ensure the accuracy of this personal data.
We also process personal data that we receive from third parties, obtain from publicly accessible 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 Personal data abroad
We process personal data in Switzerland and in the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular in order to process it or have it processed there.
We may export personal data to all states and territories on earth and elsewhere in the universe, provided that the law there guarantees adequate data protection in accordance with the decision of the Swiss Federal Council and – if and insofar as the General Data Protection Regulation (GDPR) is applicable – adequate data protection in accordance with the decision of the European Commission.
We may transfer personal data to countries whose law does not guarantee adequate data protection, provided that data protection is guaranteed for other reasons, in particular on the basis of standard data protection clauses or with other suitable guarantees. 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 data subjects with information about any guarantees or a copy of any guarantees on request.
5. rights of data subjects
5.1 Data protection rights
We grant data subjects all rights under applicable data protection law. In particular, data subjects have the following rights:
– 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 also receive the information necessary to assert their rights under data protection law and to ensure transparency.This includes the personal data processed as such, but also, among other things, information on the purpose of processing, the duration of storage, any disclosure or 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 object 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, restrict or refuse the exercise of data subjects’ rights to the extent permitted by law. We can inform data subjects of any requirements they must meet in order to exercise their rights under data protection law.For example, we may refuse to provide information in whole or in part with reference to business secrets or the protection of other persons.We may also, for example, refuse to delete personal data in whole or in part with reference to statutory retention obligations.We may exceptionally provide for costs for the exercise of rights. We inform data subjects in advance of any costs.We are obliged to take appropriate measures to identify data subjects who request information or assert other rights.Data subjects are obliged to cooperate.
5.2 Right of appeal
Data subjects have the right to enforce their data protection rights by legal means 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 the right – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – to lodge a complaint with a competent European data protection supervisory authority.
6 Data security
We take suitable technical and organisational measures to ensure data security appropriate to the risk involved. 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 indicate transport encryption with a padlock in the address bar.
Our digital communication – like all digital communication – is subject to mass surveillance without cause or suspicion as well as 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 forces and other security authorities.
7 Use of the website
7.1 Cookies
We may use cookies. Cookies – our own cookies (first-party cookies) and 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. Cookies make it possible in particular to recognise a browser the next time it visits our website and thus, for example, to measure the reach of our website. Permanent cookies can also be used for online marketing, for example.
Cookies can be completely or partially deactivated and deleted at any time in the browser settings. Without cookies, our website may no longer be fully available.We actively request your express consent to the use of cookies – at least 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 numerous services via AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAd- Choices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).
7.2 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 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.This information is necessary in order to provide our website 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.
7.3 Tracking pixels
We may use tracking pixels on our website. Tracking pixels are also referred to as web beacons. Tracking pixels – also from third parties whose services we use – are small, usually invisible images that are automatically retrieved when you visit our website. With pixel counters, the same information can be collected as in server log files.
7.4 Comments
We allow you to post comments on our website. In this context, we process in particular the information that a commenting person transmits to us, but also the Internet Protocol (IP) address used as well as the date and time. This information is required to enable the publication of comments and to ensure protection against misuse, which is in our overriding legitimate interest.
We enable you to subscribe to e-mail notifications of new comments from other people. In this context, we need your e-mail address in particular so that we can notify you or have you notified by e-mail. You may unsubscribe from such comment notifications at any time.
8. notifications and messages
We send notifications and communications by email and through other communication channels such as instant messaging or SMS.
8.1 Performance and reach measurement
Notifications and messages may contain web links or tracking pixels that record whether an individual message was opened and which web links were clicked on. 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 send notifications and messages effectively and in a user-friendly manner based on the needs and reading habits of the recipients, as well as permanently, securely and reliably.
8.2 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 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 object to receiving notifications and communications such as newsletters at any time.With such an objection, you can at the same time object to the statistical recording of use for performance and reach measurement. This is without prejudice to necessary notifications and communications in connection with our activities and operations.
9 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 activities and operations. In connection with such platforms, personal data may also be processed outside 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 also apply in each case. These provisions inform in particular about the rights of data subjects directly vis-à-vis the respective platform, which includes, for example, the right to information.We are jointly responsible with Meta Platforms Ireland Limited (Ireland) for our social media presence on Facebook, including the so-called Page Insights, insofar as and to the extent that the General Data Protection Regulation (GDPR) is applicable.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 type, 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 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 page “Page Insights Information” including “Page Insights Data Information”.
10 Third party services
We use the services of specialised third parties in order to carry out our activities and operations in a sustainable, user-friendly, secure and reliable manner. Such services allow us to, among other things, embed features and content on 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-related, statistical and technical purposes, third parties whose services we use may process data in connection with our activities and operations in aggregated, anonymised or pseudonymised form.This is, for example, performance or usage data in order to be able to offer the respective service.
We use in particular:
– Services from Google: Providers: Google LLC (USA) / Google Ireland Limited (Ireland) for users in the European Economic Area (EEA) and Switzerland; General information on data protection: “Privacy and security principles”, data protection declaration, “Google is committed to compliance with applicable data protection laws”, “Guide to data protection in Google products”, “How we use data from websites or apps on or in which our services are used” (information from Google), “Types of cookies and other technologies used by Google”, “Personalised advertising” (activation / deactivation / settings).
– Services from Microsoft: Providers:Microsoft Corporation (USA) / Microsoft Ireland Operations Limited (Ireland) for users in the European Economic Area (EEA), the United Kingdom and Switzerland; General information on data protection: “Data protection at Microsoft”, “Data protection and privacy (Trust Center)”, data protection declaration, data protection dashboard (data and privacy settings).
10.1 Digital infrastructure
We use the services of specialised third parties to provide us with the digital infrastructure we need in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers.
In particular, we use:
Amazon Web Services (AWS): storage and other infrastructure; providers: Amazon Web Services Inc. (USA) for users in Switzerland / Amazon Web Services EMEA SARL (Luxembourg) for users in the European Economic Area (EEA); data protection information: data protection declaration, “data protection centre”, “frequently asked questions about data protection”, “data protection basic regulation (DS- GVO) centre”.
Cloudflare: ContentDeliveryNetwork(CDN); CloudflareInc.(USA); Privacy Disclosures: “Privacy Policy”, Privacy Policy, Cookie Policy.
Google Cloud including Google Cloud Platform (GCP): Storage and other infrastructure; Google Cloud specific providers: Google/ LLC (USA) for users in the USA / Google Ireland Limited or Google Commerce Limited (both Ireland) for users in the European Economic Area (EEA) and Switzerland (see “Google Contracting Entity” for providers in other countries); Google Cloud specific information: “Privacy Resource Center”, “Privacy Policy”, “Compliance Resource Center”, “Trust and Security”.
WordPress.com: blog hosting and website builder; provider: Automattic Inc. (USA) / Aut O’Mattic A8C Ireland Ltd. (Ireland) for users in Europe, among others; data protection information: privacy policy, cookie policy.
10.2 Contact options
We use services of selected providers in order to be able to communicate better with third parties such as potential and existing customers.
10.3 Scheduling
We use services from specialised third parties to be able to arrange appointments online, for example for meetings.In addition to this data protection declaration, any directly visible conditions of the services used, such as terms of use or data protection declarations, also apply.
10.4 Audio and video conferences
We use specialised audio and video conferencing services to communicate online. For example, we can use them 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.
We recommend that, depending on the life situation, the microphone be muted by default when participating in audio or video conferences and that the background be blurred or a virtual background be superimposed.
10.5 Online collaboration
We use third party services to enable online collaboration. In addition to this data protection declaration, any directly visible conditions of the services used, such as terms of use or data protection declarations, also apply.
10.6 Social media functions and social media content
We use services and plugins from third parties to embed functions and content from social media platforms and to enable the sharing of content on social media platforms and in other ways.
In particular, we use:Facebook (social plugins): Embedding Facebook functions and Facebook content, for example “Like” or “Share”; provider: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); information on data protection: data protection declaration.
LinkedIn Consumer Solutions Platform: Embedding of functions and content from LinkedIn, for example with plugins such as the “Share Plugin”; provider: Microsoft; Linke- dIn-specific information: “Privacy”, data protection statement, cookie policy, cookie management / objection to e-mail and SMS communication from LinkedIn, objection to interest-based advertising.
XING (Social Plugins): Embedding of functions and content from XING, for example “Share”; provider: New Work SE (Germany); data protection information: “Your data. Our responsibility.”, “Data protection at XING”, privacy policy.
10.7 Map material
We use third party services to embed maps on our website.
In particular, we use:
Google Maps including Google Maps Platform: map service; provider: Google; Google Maps-specific information: “How Google uses location information”.
OpenStreetMap (OSM): Map service; Provider: OpenStreetMap Foundation (United Kingdom); Data protection information: Privacy policy.
10.8 Digital audio and video content
We use services from specialised third parties to enable the direct playback of digital audio and video content such as music or podcasts.
In particular, we use:
– Cloudflare Stream: video platform; provider: Cloudflare Inc.(USA);data protection information: “Data protection”, privacy policy, cookie policy.
10.9 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. We may thereby enable not only viewing but also editing or commenting on such documents.
We use in particular: – GoogleDocs: documents as well as forms, presentations and spreadsheets; provider: Google; Google Docs-specific information: “Privacy in Google Docs, Google Spreadsheets and Google Presentations”.
10.10 Fonts
We use third-party services to embed selected fonts as well as icons, logos and symbols in our website.In particular, we use:- Adobe Fonts: fonts; provider:AdobeInc.(USA) for users in North America / Adobe Systems Software Ireland Limited (Ireland) for users in the rest of the world; Privacy information: “Adobe Privacy Centre”, Privacy Policy (Adobe Fonts), Privacy Policy (Adobe), “Questions about Privacy?”, “Adobe Privacy Settings”.
– Google Fonts: Fonts; Provider: Google; Google Fonts-specific information: “Privacy and Google Fonts”, “Privacy and Data Collection”.
11. extensions for the website
We use extensions for our website in order to be able to use additional functions.- Jetpack: Various functions for the free blog software WordPress in the form of modules; provider:Automattic Inc. (USA) / Aut O’Mattic A8C Ireland Ltd. (Ireland) for users in Europe, among other countries; data protection information: Privacy Notice for Visitors to Our Users’ Sites, Privacy Policy (from Automattic), “Jetpack Privacy Center”, Cookie Policy (Jetpack), Cookie Policy (Automattic).
12. performance and reach measurement
We try to determine how our online offer is used. In this context, we may, for example, measure the success and reach of our activities and operations as well as the effect 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 offer are used (“A/B test” method).Based on the results of the success and reach measurement, we can in particular correct errors, strengthen popular content or make improvements to our online offer.
In most cases, the Internet Protocol (IP) addresses of individual users are stored for the purpose of measuring success and reach. In this case, IP addresses are always shortened (“IP masking”) in order to follow the principle of data economy through the corresponding pseudonymisation.
Cookies may be used to measure success and reach 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 pseudonymised form and are not used to identify individual users. Individual services of third parties with which users are registered can, if necessary, allocate the use of our online offer to the user account or user profile with the respective service.
We use in particular:
– Google Analytics: performance and reach measurement; provider: Google; Google Analytics-specific information: Measurement also across different browsers and devices (cross-device tracking) as well as with pseudonymised Internet Protocol (IP) addresses, which are only transmitted in full to Google in the USA as an exception, “Data protection”, “Browser add-on to deactivate Google Analytics”.
– WordPress.com Stats: Success and reach measurement; Provider: Automattic Inc. (USA) / Aut O’Mattic A8C Ireland Ltd. (Ireland) for users in Europe and other countries; Data protection information: Module of the Jetpack extension for the free blog software WordPress, Privacy Notice for Visitors to Our Users’ Sites, Privacy Policy (of Automattic), Jetpack Privacy Center, Cookie Policy.
13. final provisions
We have created this data protection declaration with the data protection 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.