Data protection

tracker.ch AG (hereinafter referred to as tracker.ch) is a public limited company under Swiss law with its registered office in Adliswil (Switzerland). In principle, tracker.ch AG processes and stores your personal data only to the extent necessary to fulfill the contract. In principle, this takes place within the framework of our existing and/or potential business relationships with you, including our websites. We respect your privacy and personal sphere. The protection and legally compliant collection, processing and use of your personal data is therefore an important concern for us. To ensure that you feel secure when visiting and using our websites and applications, we would like to inform you here about our data collection and use of data.

1. responsible body, who can you contact?

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

2 How is personal data handled?

tracker.ch AG is subject to certain confidentiality and/or secrecy obligations arising from data protection law, contract law or professional secrecy. The personal data collected by us is also subject to these obligations.

This privacy policy describes the way in which we process your personal data as a user of the products and services provided by tracker.ch AG. This Privacy Policy does not replace our General Terms and Conditions, but is an integral part of them.

The privacy policy applies to all offers and services of tracker.ch, regardless of the manner (website, apps, e-mail API, etc. computer, cell phone, IoT, etc.) of technical use. If you already use products and services from tracker.ch, this declaration also applies to personal data collected from you 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 may be carried out either 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 privacy policy.

We use the following terms in this privacy policy tracker.ch = tracker.ch AG, Adliswil Switzerland
Data = generic term for personal and other data.
Users = 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 is processed?

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

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

These include, among others :

• Personal data such as name, date of birth, age, country of birth, e-mail or IP address, postal or company address, telephone numbers, as well as data about your gender, profession, interests, etc. and other information about the characteristics of 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 applicable, records of telephone calls, e-mails, correspondence between tracker.ch and you;
• Financial information, including an overview of payments and transactions and related data 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 based on your use of our services, such as:
• location-related data (location and position identifiers, etc.);
• Device-related data (type and type of device used);
• Protocol 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 personal data in accordance with the following legal bases, insofar as the GDPR is applicable:

Art. 6 para. 1 lit. a GDPR for the processing of personal data with the consent of the data subject.
Art. 6 para. 1 lit. b GDPR for the processing of personal data necessary for the performance of a contract with the data subject and for the implementation of corresponding pre-contractual measures.
Art. 6 para. 1 lit. c GDPR for the processing of personal data necessary for compliance with 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 applicable in whole or in part.
Art. 6 para. 1 lit. d GDPR for the necessary processing of personal data 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 to protect our legitimate interests or those of third parties, except where such interests are overridden by the fundamental freedoms and rights and interests of the data subject. Legitimate interests are, in particular, our business interest 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 in the context of the fulfillment of a contract in which you are involved as a user and contracting party or in which an affiliated natural or legal person is involved. In the event that you do not give tracker.ch your 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 to offer them only to a limited extent. This applies in particular if the corresponding personal data is essential for the relevant products and services of tracker.ch.

Depending on the products or services provided to you, tracker.ch will need to collect and process personal data about you in order to provide these services. This happens in particular when:

• you visit our website;
• you register for one of our services;
• you register for a campaign, a competition or a special event;
• you purchase one of our online services or otherwise have a contractual relationship with us;
• you take part in a survey;
• you send us an e-mail or communicate in any other way.
  tracker.ch collects and processes data in order to provide all its users with the best possible products and services. This starts with determining basic aspects such as the language you wish to use, and extends to determining the devices you use, your location, the products and services you access, as well as your other usage patterns on the website.
  tracker.ch uses the collected data and personal data to provide, maintain, protect and improve its services and to develop new products or offer customized content and services.
  Specifically, the following purposes are involved:
• To preserve and protect your user account;
• To respond to your comments and questions ;
• To draw your attention to or register you 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 it is needed to provide you with the requested 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 may send you communications about your use of our services, including notifications of upcoming changes or improvements, using your e-mail address.

tracker.ch typically uses "cookies" and similar technologies on its website and apps to identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you use when you visit our website or install an app. This enables us to recognize you when you return to this website or use our app, even if we do not know who you are. In addition to cookies that are only used during a session and are deleted after your visit to the website ("session cookies"), cookies can also be used to store 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 stores 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 display offers and advertising tailored to you.

Google Analytics
One of the products we use for this purpose in our own services 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 about your previous decisions and preferences. Furthermore, tracker.ch may use technologies that track your use of this website, for example which pages you view and the links you use. 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 desirable and which should be discarded. It also helps us to determine whether our website is easy to use or whether we should redesign certain pages and hyperlinks.

5. where is the data processed?

tracker.ch processes personal data on its own servers in Switzerland. As some data is also processed with the involvement of third-party servers, it cannot be ruled out that personal data may also be processed on servers outside your country of residence. If we transfer data to a country without adequate legal data protection, we ensure adequate protection as provided for by law by using appropriate contracts or rely on the legal exceptions of consent, contract execution, the establishment, exercise or enforcement of legal claims, overriding public interests, published personal data or because it is necessary to protect the integrity of the data subjects. You can obtain a copy of the aforementioned contractual guarantees at any time from the contact person named under point 1. However, tracker.ch reserves the right to redact copies for reasons of data protection or confidentiality or to provide only excerpts.

6 How long is personal data stored?

tracker.ch processes and stores your personal data for as long as is necessary for the fulfillment of its contractual and legal obligations or otherwise for the 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 beyond that in accordance with the statutory retention and documentation obligations. It is possible that personal data will be stored for the period 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 is no longer required for the above-mentioned purposes, it will be deleted or anonymized as far as possible. For operational data (e.g. system protocols, logs), shorter retention periods of twelve months or less generally apply.

7. is personal data transmitted to third parties?

In principle, tracker.ch does not pass on any personal data to companies, organizations or persons outside 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 IT and hosting service providers, marketing service providers, providers of communication and printing services, debt collection companies, search services, fraud prevention agencies, credit rating agencies and other contractors. To protect your personal data, tracker.ch ensures that these contractors comply with tracker.ch's data security standards. This is done on the basis of our contractual agreements and in accordance with our privacy policy and other appropriate confidentiality and security measures;
• Personal data is then 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 applicable laws, regulations 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 affiliated websites for traffic flow research.

In the event of a business combination, acquisition or sale of assets involving tracker.ch, tracker.ch will ensure that the confidentiality of any personal data is protected and the users concerned will be notified before personal data is transferred or becomes the subject of another privacy policy.

If your personal data includes particularly sensitive personal data that you do not consider suitable for disclosure, please let us know in writing, stating the exact nature of the 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.
These include Google Analytics and Google Maps.
The website and apps use Analytics to analyze user behavior,
Maps for various interactive maps from Google.

The aforementioned services of the American Google use cookies, among other things, and data is transferred 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 has undertaken to guarantee appropriate data protection in accordance with the US-European and US-Swiss Privacy Shield. Further information can be found in Google's privacy policy.
tracker.ch also uses plug-ins from social networks such as Facebook and YouTube on its website. This is visible to you in each case (typically via corresponding icons). tracker.ch has configured these elements so that they are deactivated by default. If you activate them (by clicking on them), 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 provisions. tracker.ch does not receive any information about you from this operator.

The tracker.ch website and apps may contain links to other websites or services. If you visit these services, we are not responsible for their privacy policies and how they handle personal data. In addition, we may authorize third parties to offer registration-based services through our site (e.g. payment services), in which case we will clearly communicate this to you. tracker.ch is not responsible for the actions and measures of these third parties and you should check the privacy policies of these third parties before providing them with personal data.

9 What rights do you have?

You have the right to request information free of charge as to whether we process 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 insofar as the GDPR is applicable -, have your personal data corrected, deleted or blocked, revoke any consent you have given and object to the processing of your personal data.

Persons about 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 appropriate technical and organizational measures to prevent unauthorized or unlawful access to the personal data you have provided to us. Since complete data security cannot be guaranteed for communication by e-mail, 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 the technically possible access to your personal data. If it is inaccurate, we will endeavor to give you the opportunity to update or remove it quickly, unless we need to retain it 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 may not immediately delete any remaining copies of personal data that you have deleted from our services from our active servers or remove this personal data from our backup systems, e.g. if we keep records of payments and previous orders that must be retained in accordance with the company's accounting principles.

tracker.ch is constantly improving and adding new functions and features to the website. These constant improvements as well as changes in legislation or changes in technology also require regular changes to this privacy policy.

tracker.ch reserves the right to update or amend this privacy policy at any time without prior notice. We therefore recommend that you read this privacy policy regularly. For your benefit, we may notify you by posting a notice on our website from time to time should the privacy policy change.