Data protection

tracker.ch AG (hereinafter tracker.ch) is a stock corporation under Swiss law with its registered office in Adliswil (Switzerland). Tracker.ch AG processes and saves your personal data only to the extent necessary to fulfill the contract. In principle, this takes place in the context of our existing and / or potential business relationships with you, including our websites. We respect your private and personal sphere. The protection and the legally compliant collection, processing and use of your personal data is therefore an important concern for us. So that you feel safe when visiting and using our websites and applications, you would like to inform us here about our data collection and use.

1. Responsible body, who can you contact?

Tracker.ch AG, Webereistrasse 47, CH 8134 Adliswil is responsible for the collection, processing and use of your personal data within the meaning of the Data Protection Act
If you want to object to the collection, processing or use of your data by tracker.ch AG in accordance with these data protection provisions in whole or for individual measures, you can send your objection by email or letter to the following contact details:
tracker.ch AG, Webereistrasse 47, CH 8134 Adliswil
info@tracker.com

2. How are personal data handled?

tracker.ch AG is subject to certain confidentiality and / or secrecy obligations, which result from data protection law, contract law or professional secrecy, depending on the circumstances. The personal data we collect are also subject to these obligations.

This data protection declaration describes the way in which we process your personal data as a user of the products and services provided by tracker.ch AG. This data protection declaration does not replace our general terms and conditions, but is an integral part of them.

The data protection declaration applies to all offers and services from tracker.ch; regardless of the way (website, apps, email API, etc. computer, mobile phone, IoT, etc.) of the technical use. If you already use products and services from tracker.ch, this declaration also relates to personal data collected by tracker.ch in the past and already stored by tracker.ch, which we can link and process with personal data collected in the future .

Processing operations can either be carried out directly by us or indirectly via third parties who process personal data for us. We are only liable for the processing of personal data within the meaning of this data protection declaration.

In this data protection declaration we use the following terms tracker.ch = tracker.ch AG, Adliswil Switzerland
Data = generic term for personal and other data.
User = natural and legal persons
Third parties = external persons and companies
API = Application Programming Interface.
APP = application for use on mobile communication devices.

3. Which personal data are processed?

Personal data includes all information about which a natural person can be identified directly (e.g. first name, last name) or indirectly (e.g. passport number, data combination).

Depending on the products or services that tracker.ch renders and provides, personal data about you will be collected and processed.

These include:

• Personal data such as name, date of birth, age, country of birth, e-mail or IP address, postal address or company address, telephone numbers, as well as data about your gender, occupation, interests, etc. as well as other property information regarding a natural or legal person;
• Details of our mutual business relationship and the products and services you use, namely user data such as assigned tracker devices, login data
• if necessary, records of telephone calls, e-mails, correspondence between tracker.ch and you;
• Financial information, including an overview of payments and transactions and data relating thereto in connection with the business relationship;
• Customer or account number, also for accounting purposes
• Identifiers issued by public institutions, e.g. passports, identity cards, identity cards
• Data that we receive as a result of your use of our services, such as:
• location-related data (location and position identifiers, etc.);
• device-related data (type and type of device used);
• log data (information transfer, etc.);
• Data that you provide to us (usually personal data);
• Unique application numbers (software versions, etc.);
• local storage (in the browser or similar);

4. For what purposes and on what legal basis do we process personal data?

tracker.ch processes personal data in accordance with Swiss data protection law. In addition, we process - to the extent and insofar as the GDPR is applicable - personal data according to the following legal bases:

Art. 6 para. 1 lit. a GDPR for the processing of personal data with the consent of the person concerned.
Art. 6 Para. 1 lit. b GDPR for the processing of personal data required to fulfill a contract with the person concerned and to carry out corresponding pre-contractual measures.
Art. 6 Para. 1 lit. c GDPR for the necessary processing of personal data to fulfill a legal obligation to which we are subject in accordance with any applicable EU law or in accordance with any applicable law of a country in which the GDPR is fully or partially applicable.
Art. 6 para. 1 lit.d GDPR for the necessary processing of personal data in order to protect the vital interests of the data subject or another natural person.
Art. 6 para. 1 lit.f GDPR for the necessary processing of personal data in order to safeguard the legitimate interests of us or of third parties, provided that the fundamental freedoms and rights and interests of the person concerned do not prevail. Legitimate interests are in particular our business interests in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.

First and foremost, the processing takes place within the framework of the performance of a contract in which you are involved as a user and contracting party or in which an associated natural or legal person is involved. In the event that you do not give tracker.ch full consent and permission for the collection and processing of personal data, tracker.ch reserves the right not to offer parts of the website or certain products and services, or only to a limited extent. This applies in particular if the corresponding personal data are essential for the relevant products and services of tracker.ch.

tracker.ch will have to collect and process personal data about you in order to be able to provide these services, depending on the products or services that are provided for you. This happens especially when:

• you visit our website;
• you register for one of our services;
• you register for a promotion, competition or special event;
• you buy one of our online services or are otherwise in a contractual relationship;
• you take part in a survey;
• You send us an email or communicate in any other way.
  tracker.ch collects and processes data in order to provide all of its users with the best possible products and services. This starts with the determination of basic aspects such as the language you want to use, and continues through to the determination of the devices used, your location, the products and services you have called up, as well as your other ways of using the website.
  tracker.ch uses the collected data and personal data to provide, maintain, protect and improve services as well as to develop new products or to offer tailor-made content and services.
  Specifically, these are the following purposes:
• To preserve and protect your user account;
• To respond to your comments and questions;
• To draw your attention to or register for special events, offers or services;
• To send you regular information or data;
• To show you services and information tailored to your interests and profile;
• To pass on individual data to third parties where they are needed in order to offer you the desired service.

When you contact tracker.ch, we record your communication in order to be able to help you solve any problems you may encounter. We will send you notifications about your use of our services, including notifications about upcoming changes or improvements, using your email address if necessary.

tracker.ch typically uses "cookies" and comparable techniques on its website and apps, with which your browser or device can be identified. A cookie is a small file that is sent to your computer or automatically saved on your computer or mobile device by the web browser used when you visit our website or install an app. If you visit this website again or use our app, we can recognize you, even if we don't know who you are. In addition to Cookies that are only used during a session and are deleted after your website visit ("session cookies"), cookies can also be used to save user settings and other information for a certain period of time (e.g. two years) ("permanent cookies" "). However, you can set your browser so that it rejects cookies, only saves them for one session or otherwise deletes them prematurely. Most browsers are preset to accept cookies. We use permanent cookies so that you can save user settings (e.g. language, autologin) so that we can better understand how you use our offers and content and so that we can show you offers and advertising tailored to your needs.
Google Analytics
One of the products that we use in our own services for this purpose is Google Analytics. This enables us to measure and evaluate the use of the website (non-personal). For example, saving your preferred language setting enables us to display our services in your preferred language.

Click stream data
By offering you a unique identifier, we are able to create databases of your previous decisions and preferences. Tracker.ch can also use technologies that track your use of this website, for example which page you are viewing and the links you are using. This data about your use of this website is known as “click stream data” and helps us to determine what is important to you and what is not. It helps us to decide which content and functions are desired and which are to be discarded. It also helps us determine whether our website is easy to use or whether we should redesign certain pages and hyperlinks.

5. Where are the data processed?

tracker.ch processes personal data on its own servers in Switzerland. Since some data are also processed with the involvement of third-party servers, it is fundamentally possible that personal data may also be processed on servers outside your country of residence. If we transmit data to a country without adequate statutory data protection, we ensure appropriate protection by means of appropriate contracts as required by law or rely on the statutory exceptions of consent, contract processing, the determination, exercise or enforcement of legal claims, predominant public interests , the published personal data or because it is necessary to protect the integrity of the data subjects. You can obtain a copy of the contractual guarantees mentioned at any time from the contact person named under item 1. However, tracker.ch reserves the right to blacken copies or only to deliver extracts for reasons of data protection or confidentiality

6. How long are personal data stored?

tracker.ch processes and stores your personal data as long as it is necessary for the fulfillment of its contractual and legal obligations or for other purposes pursued with the processing, i.e. for example for the duration of the entire business relationship (from the initiation, processing to the termination of a Contract) as well as in accordance with the statutory retention and documentation obligations. It is possible that personal data are stored for the time in which claims can be asserted against tracker.ch and insofar as tracker.ch is otherwise legally obliged to do so or legitimate business interests require this (e.g. for evidence and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anonymized as far as possible. For operational data (e.g. system protocols, logs), generally shorter retention periods of twelve months or less apply.

7. Are personal data transmitted to third parties?

In principle, tracker.ch does not pass on any personal data to companies, organizations or persons outside of tracker.ch, except in the following cases:

• With your written consent;

• In some cases, personal data is passed on to external, trustworthy contractors who provide services for tracker.ch, such as B. IT and hosting service providers, marketing service providers, providers of communication and printing services, debt collection agencies, search services, fraud prevention agencies, credit rating agencies and other contractors. To protect your personal data, tracker.ch ensures that these contractors comply with the data security standards of tracker.ch. This is done on the basis of our contractual agreements and in accordance with our data protection declaration and other appropriate confidentiality and security measures;

• Personal data will be passed on to companies, organizations or persons if we can assume in good faith that access to this data or its use, storage or disclosure is reasonably necessary:

• To comply with any applicable law, regulation or legal process or to comply with an enforceable governmental order;

• To enforce applicable Terms of Use, including investigating possible violations;

• To detect, prevent or otherwise combat fraud, security flaws or technical problems;

• To protect the rights, property or safety of tracker.ch, our users or the public from harm, to the extent permitted or required by law;

tracker.ch may pass on non-personal data to third parties, for example to linked websites for traffic flow research.

In the event of a company merger, a company acquisition or a sale of assets in which tracker.ch is involved, tracker.ch will ensure the confidentiality of all personal data is ensured and the users concerned will be notified before personal data is transmitted or the subject of another Privacy policy will be.

If your personal data contains particularly sensitive personal data that you consider unsuitable for disclosure, please inform us in writing, stating the exact type of data, the protection requirements and restrictions on disclosure, so that we can take the necessary precautions.

8. Which third-party services are used by tracker.ch?

tracker.ch uses various services from Google Inc (“Google”) from the USA.
This includes Google Analytics and Google Maps.
The website and apps use analytics to analyze user behavior,
Maps for various interactive maps from Google.

The mentioned services of the American Google use cookies, among other things, and data is transmitted to Google in the USA, whereby tracker.ch assumes that no personal tracking takes place in this context solely through the use of our website. Google is committed to ensuring adequate data protection in accordance with the American-European and American-Swiss Privacy Shields. Further information can be found in Google's data protection declaration.
tracker.ch also uses so-called plug-ins from social networks such as Facebook and Youtube on its website. You can see this in each case (typically via corresponding symbols). tracker.ch has configured these elements in such a way that they are deactivated by default. If you activate it (by clicking on it), the operators of the respective social networks can register that you are on the tracker.ch website and where and can use this information for their purposes. The processing of your personal data is then the responsibility of this operator in accordance with its data protection regulations. tracker.ch does not receive any information about you from him.

The tracker.ch website and apps may contain further links to other websites or services. If you visit these services, we are not responsible for their data protection regulations and for how they treat personal data. In addition, we can authorize third parties to offer registration-based services via our site (e.g. payment services), whereby we will clearly inform you of this. tracker.ch is not responsible for the actions and measures of these third parties and you should check the data protection declarations of these third parties before providing them with personal data.

9. What are your rights?

You have the right to request information free of charge as to whether we are processing your personal data and, if so, to have the processing of your personal data restricted. You can exercise your right to data portability - if and to the extent that the GDPR is applicable -, correct, delete or block your personal data, revoke your consent and raise an objection to the processing of your personal data.

People through whom tracker.ch processes personal data have the right to lodge a complaint with a competent supervisory authority for data protection. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

10. How secure is your data?

tracker.ch has taken suitable technical and organizational measures to prevent unauthorized or unlawful access to the personal data that you have made available to us. Since complete data security cannot be guaranteed for communication by e-mail or instant messaging or similar means of communication, we recommend that you choose a secure alternative for sending particularly confidential personal data.

tracker.ch endeavors to give you technically possible access to your personal data. If these are incorrect, we will endeavor to give you the opportunity to update or remove them quickly - unless we need to keep this data for legitimate business or legal purposes.

tracker.ch endeavors to provide the services in a way that protects personal data from accidental or willful destruction. For this reason, we do not immediately delete any remaining copies of personal data that you have deleted from our services from our active servers and do not remove this personal data from our security systems, e.g. if we keep records of payments and previous orders that are made in accordance with the accounting principles of Society must be kept.

tracker.ch is continuously improving and adding new functions and features to the website. These constant improvements as well as changes in the legal provisions or changes in technology also require regular changes to this data protection declaration.

tracker.ch reserves the right to update or change this data protection declaration at any time without prior notice. We therefore recommend that you read this data protection declaration regularly. For your benefit, we may draw your attention to this by temporarily posting a message on our website should the data protection declarations change.