updated: May 4th, 2022
This translation is available for your convenience. You agree that the original text in German shall take precedence in the case of a dispute.
1. Scope of Application, Basis
This data privacy statement only applies to your use of the website (www.frehnerlaw.ch) and the online store.
Frehner Law Office understands that you would like to know how your personal data is processed, i.e. collected namely, stored, used, transmitted, disclosed, passed on and deleted. Data protection is a matter of trust. The security of your data and the responsible handling as well as the privacy of the client or the interested persons are important to us.
Please read – before using or entering personal data – this statement carefully. By using our services, you confirm that you fully agree to the handling of your personal data.
This website contains links to other websites. If you click on a link of a third-party, you will be redirected. Please check the privacy statements of the respective websites in advance, especially before submitting your personal data. We have no control over how other websites collect, process, use or store your data. This is your sole responsibility.
2. Acceptance of the Data Policy by Using the Website or the Online Store
Before using the Service, the Website or the Online Shop, please read carefully the Data Privacy Statement (“Statement”), among others. Make sure that you understand it. You accept or accept the Statement without reservation when you use our Services – the Website or the Online Shop – for the first time. If, on the other hand, you do not agree with the Statement and consequently do not accept it, you are obliged to stop using our services immediately.
3. Definitions or Terms
The following terms have the following meanings in this statement:
“Personal data” means any information relating to an identified or identifiable individual who is directly or indirectly identifiable from such data. Specifically, it is personal data that you provide to us through the Service – the Website or the Online Store. This definition includes the definitions of the Swiss Data Protection Act (“DPA”) as amended from time to time and/or the General Data Protection Regulation (“GDPR”).
“we/us/our/company” refers to Frehner Law Office, Im Zentrum 9, 8604 Volketswil, Switzerland, which operates the Online Store.
“Service” refers to the website and / or online store.
“Website” refers to Frehner Law Office and can be accessed at www.frehnerlaw.ch.
“You” means the individual who accesses or uses the Website, or a company or legal entity on whose behalf an individual accesses or uses the Website, as applicable.
“Device” means any device that can access the Service, such as a computer, laptop, digital tablet or cell phone.
4. Your Rights
As a data subject, you have the following rights under the DPA and/or GDPR:
- Right to information about your data stored with us and how it is processed;
- Right of access to the personal data stored about you;
- Right to rectify inaccurate or incomplete personal data (with a request to contact us);
- Right to be forgotten or right to have your personal data stored by us deleted, unless, for example, there is a statutory archiving obligation or other reasons to the contrary;
- Right to restriction of personal data processing, insofar as we are not yet allowed to delete your data due to legal obligations;
- Right to data portability, if you have consented to data processing or have concluded a contract with us; (copy of your personal data to use at a next organization or service);
- Right to object to the use of your personal data for certain purposes;
- Right regarding automated decision making and profiling.
If you have given us your consent, you can revoke it at any time with effect for the future. This does not apply retroactively.
We reserve the right to correspond with you electronically (in particular by e-mail) in connection with your rights.
You can contact the supervisory authority responsible for you at any time with a complaint. Your competent supervisory authority depends on the federal state in which you live, work or are suspected of having committed an infringement.
Please contact us if you have any reason to object to the use of your personal data (see section 23 Contact). We will make every effort to solve the problem for you. If we are unable to help you, you have the right to lodge a complaint with the supervisory authority responsible for you, the Swiss Federal Data Protection and Information Commissioner (“FDPIC”) and/or a competent EU supervisory authority (as the case may be).
5. Collecting Data
Generally, we do not collect personal data unless we have contact with you. Such situations are varied, such as the following:
- You contact or communicate with us;
- You purchase products or services;
- You participate in courses, seminars or trainings;
- You are participating in a special occasion (such as event, function);
- You subscribe to a newsletter;
- You conclude a contract;
- You seek (legal) advice.
If you contact us by e-mail, we may collect your name, e-mail address and any other information you provide. If you contact us by e-mail regarding questions of any kind, you give us your voluntary consent for the purpose of contacting you. For this a valid e-mail address is required. This serves the allocation of the inquiry and the subsequent answer of the same. The provision of further data is optional. The information you provide will be stored for the purpose of processing the request and for possible follow-up questions. After completion of your inquiry, personal data will be deleted automatically, unless a contract is concluded, such as an order or purchase (see section 7 below, use of your data or purpose of data processing).
These are cookies that are absolutely necessary for the functioning of the website. No personal data is stored with these cookies.
6. Processing your Data
The information we collect depends on our relationship with you. The data we process can be categorized, and the examples of personal data listed in each category are not exhaustive:
- Contact details: First and last name, address, telephone number, fax number if applicable, e-mail address, position or function, associated company;
- Contract data: Contract date, contract type, contract content, contracting party;
- Consultation data: Contents of inquiries, consulting communications, documents, file notes; and
- Activity data: Consulting documentation, performance records, invoices.
7. Use of your Data or Purposes of Data Processing by the Controller and Third Parties
Why do we process your personal data? We process your personal data for various purposes, namely in whole or in part for single or multiple objectives, such as customer communication, in connection with our products and service offerings, with special activities and occasions.
Insofar as personal data is collected, it is generally processed and stored for as long as is required on the basis of the purpose. We observe our obligations and safeguard your rights under the DPA and/or the GDPR at all times. For further details on the storage or security of your personal data, please see below (under section 11 Retention of your Personal Data and section 12 Protection and Security of your Data).
In principle, no personal data is collected when accessing and visiting the service – the website or the online store.
If you contact us and we receive your personal data from your e-mail, we may use it in the following manner:
- to reply to your e-mail;
- to respond to any further of your requests;
- for the purpose of customer communication or informative message (by mail, by e-mail, telephone, facsimile, voice messages, text messages (SMS), WhatsApp, video messages, Skype, Zoom, or other equivalent forms of electronic communication) to keep in touch with you;
- to update and, if necessary, supplement your personal data by means of information we have located from other sources (such as public registers, social media platforms, publicly available data search engines, your employer’s website to identify or confirm your function);
- To establish your relationship with the company;
- to send you news, offers and general information about other goods, products, services and/or events offered (see also below, section 16, Newsletter and E-Mail- Marketing);
- to send a newsletter;
- for consulting, the contents of requests, consulting documentation, documents, and file notes are collected and processed;
- for consulting, activity data is also collected and compiled in consulting documentation and invoices;
- to initiate or to conclude and to subsequently execute a contract with you for our products and or services;
- to provide and sell goods and services;
- for the sale of products (such as e-books, checklists, leaflets, etc.) and – if applicable – services outside the scope of the lawyer’s activities (such as courses, seminars or training);
- to fulfill a contract: to develop, maintain and perform a sales contract for products, items or services you have purchased;
- for the processing of orders and contracts, including the dispatch of order, consignment, download and purchase confirmations, delivery and invoicing;
- to handle customer service related questions and complaints regarding our products and services;
- or the organization and conduction of courses, seminars or trainings;
- to organize and carry out special occasions (such as events, functions, informational meetings, etc.);
- to meet legal requirements;
- to adhere to contractual terms and conditions to which we are bound;
- to protect our interests and rights in the event that claims are asserted against us or against any freelancers or employees;
- to handle disputes and measures related to claims, lawsuits and proceedings;
- to evaluate your voluntarily provided data in order to collect additional information about you from publicly available sources or publicly available data collections (such as information in public registers and social media platforms). You fully agree with this procedure and give your express consent.
Data is required for the transaction of business. Personal customer data (such as surname, first name, gender, address, residential address, billing address, delivery address, e-mail address, telephone number, fax number, if necessary birthday and age, language preference) are collected, processed and stored. They are used for information in accordance with the joint business relationship, for contacting, for the conclusion of a contract, for the execution of orders placed by the customer, purchases and mandates, for securing business claims as well as for compliance with legal requirements.
When ordering in the online store, you specifically provide the following personal data: First name; last name; company name (optional); country/region: Switzerland; street; apartment, suite, building, etc. (optional); postal code; city/town; canton (optional); telephone; e-mail address; additional information, such as order instructions (optional); comments on your order (e.g. special instructions for delivery).
All your personal data as well as customer activity data (such as contract data, purchase information, contract or purchase date, type of contract, contract content, contractual partner, purchased products or services, shopping cart) will be stored.
For payment, you enter the following information: credit card; credit card number; expiration date (MM/YY); check digit.
These credit card details are neither stored by the online store nor made available to us. The payment is made via the payment service provider “WooCommerce Payments”, which processes the payment by means of a service in London and can also pass on credit card data to this service. In the event of a cancellation/refund, the customer or buyer will be charged back the corresponding amount directly to his credit card by the payment service provider “WooCommerce Payments”.
The Company is entitled to disclose your personal data to third parties for the purpose of contract execution, contract renewal or order execution. This can happen, among other things, as follows:
- IT service provider;
- Data Processor;
- Payment service providers, for processing the payment transaction (e.g. credit card companies, payment services, financial institutions, banks);
- Logistics companies, delivery services, telecommunications service providers;
- other support functions;
- Event providers;
- our consultants, such as tax advisors, legal advisors, law firms, and other service providers.
We also share your personal information with another company in the event of a change of ownership (e.g., sale to a successor) or business transfer, such as a merger, divestiture, dissolution, liquidation, sale of company assets, acquisition of all or part of our company by another company.
As a matter of principle, your personal data will not be transferred to third parties for purposes other than those mentioned above. We will only pass on your personal data to third parties (see also section 9 Disclosure or Sharing of your Personal Data below) if:
- you have given your express consent,
- the processing is necessary for the execution of a contract with you,
- the processing is necessary for the fulfilment of a legal obligation,
- the processing is necessary to protect legitimate interests and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data.
In the case of contractual relationships, personal and transaction-related data must be retained for at least ten (10) years due to the retention period under commercial and tax law.
You have the right to revoke your consent to the use of your personal data at any time with effect for the future and, if necessary, to demand its deletion (see section 10 Deletion or Blocking of Data below). The processing carried out before a revocation remains unaffected by the revocation.
8. Reference to Lawyer’s Activity and Non-Professional Activity
Please note that the online store is not subject to the attorney’s activity.
“Non-lawyer or non-professional specific activity”, also “economic or business activity” includes the exercise of board of directors mandates, the consulting assignments without lawyer or legal content, the activity as a real estate agent, as a lecturer, as an author, sale of e-books, sale of courses, workshops, trainings, etc. These non-professional activities are not covered by the attorney/professional privilege.
9. Disclosure or Sharing of your Personal Data
Please note that under certain circumstances your personal data may be disclosed. This is possible without release from the attorney-client privilege for “non-attorney or non-professional specific activity” that is not subject to attorney-client or professional privilege.
You acknowledge and agree that the Online Store is not subject to the attorney-client privilege.
You acknowledge and agree that the Company may and may not disclose your personal information if it believes in good faith that such a measure is necessary – in view of legal obligations, other legal reasons or if ordered by the authorities. This may be the case, for example:
- to comply with a legal obligation, e.g. in the context of legal proceedings or an (enforceable) official request:
- to comply with applicable laws, regulations or legal proceedings;
- in the case of requests for information or obligations to provide information;
- in case of judicial measures;
- to protect and defend our rights or property;
- to protect the personal safety of the users of the service or the public;
- to protect against legal liability;
- to prevent or investigate possible misconduct in connection with the service;
- to prevent, detect and combat fraud, security breaches and or technical issues;
- in the context of criminal prosecution (such as fraud);
- in investigative proceedings;
- in the context of requests from authorities or courts that are justified in our opinion;
- to involve our own tax advisors, attorneys for the fulfillment, assertion or defense of our rights and obligations.
The transfer of your personal data to third parties such as service partners for contract execution or contract renewal as well as in case of change of ownership or business transfers has been mentioned above (section 7, Data Processing by Third Parties).
10. Deletion or Blocking of Data
How long do we retain data?
We adhere to the principles of data avoidance and data economy. We therefore only store your personal data for as long as is necessary to achieve the purposes stated here, as required by the various storage periods provided for by law, or to comply with our legal obligations. We need to retain information for a reasonable period of time to meet our professional requirements as well as legal obligations, to establish, exercise, enforce and or defend our legal rights, and for archival and documentation purposes. After the respective purpose has ceased to exist or these periods have expired, the corresponding data will be routinely blocked or deleted in accordance with the statutory provisions.
11. Retention of Your Personal Data
How and where is your personal data stored?
We are entitled to retain your personal data for a reasonable period of time after you last contacted us.
Your personal data will be stored and kept for as long as it is needed for the intended purpose, and/or as long as you have given your consent, and/or until the storage or retention period provided by law.
We will retain and use your personal information to the extent necessary to comply with our legal obligations (e.g., record retention), to resolve disputes, and to enforce legal agreements and Policies.
Your data will generally be stored in Switzerland.
12. Protection or Security of your Data, Transmission of Data via the Internet
How do we protect your personal data?
Your data security is important to us. To protect your data, we have taken suitable, appropriate technical and organizational measures (so-called TOMs) to ensure that your data is protected, even if it is only an e-mail address.
Please note that no method of electronic storage or transmission over the Internet is 100% secure. We strive to protect your personal information. We nevertheless are not able to guarantee absolute security.
We expressly point out that the transmission of information via the Internet and other electronic means is always associated with certain risks. We cannot assume any guarantee for the information transmitted in this way. We accept no liability in this respect. If you send confidential information and documents by e-mail, this may not be secure. You do so at your own risk and bear full responsibility for it.
By using our website and online store and accessing our products and or services, third parties (e.g. the manufacturer of your device, network providers) may access and process your data. Open networks are not considered a secure environment. Transmission of data over open networks is neither secure nor error-free because data may be intercepted, altered, corrupted, or eliminated, or simply lost, not transmitted at all, transmitted late, or incomplete, or may contain viruses, malware, or spyware, or may be subject to monitoring.
We explicitly draw your attention to the fact that data on the Internet can be transferred uncontrolled across national borders, even if both – sender and recipient – are in the same country. Thus, data can be transferred to third countries and, at the utmost, processed there. Data protection requirements may be lower in third countries. We assume no liability whatsoever.
13. Accessing your Personal Data
How can you access your personal data?
You have the right to request a copy of your personal data – stored by us – if such exist. For more information, contact us at email@example.com with the subject Data Protection.
14. SSL Encryption
To protect the security of your data during transmission, we use state-of-the-art encryption procedures (e.g. SSL) via HTTPS.
15. Contact Form at the Online Store
When ordering in the online store, you voluntarily provide specifically the following personal data: First Name; last Name; company Name (optional); country/region: Switzerland; street; apartment, suite, building, etc. (optional); postal code; city/town; canton (optional); telephone; e-mail address; additional information, such as order instructions (optional); comments on your order (e.g. special instructions for delivery).
All your personal data as well as customer activity data (such as contract data, purchase information, contract or purchase date, contract type, contract content, contract partner, purchased products or services, shopping cart) will be stored.
For payment, enter the following information: credit card; credit card number; expiration date (MM/YY); check digit. This data is not accessible to us, as the payment is processed by the payment service provider “Woo Commerce Payments”.
16. Newsletter und E-Mail-Marketing
We may use your personal information to send you a newsletter, client alerts, notices, marketing, promotional materials, offers, notices of events, courses, workshops, lectures, conferences, events and other information that may be of interest to you. We may use an e-mail marketing service provider to manage and send emails.
We use your personal data for communication purposes and to manage our contact database.
On the basis of your expressly given consent, we will send you our newsletter or comparable information regularly by e-mail to your specified e-mail address.
To receive the newsletter, it is sufficient to enter your e-mail address. If you register to receive our newsletter, the data you provide will be used exclusively for this purpose. Subscribers can also be informed by e-mail about circumstances relevant to the service or registration (for example changes to the newsletter offer or technical conditions).
For an effective registration we need a valid e-mail address. In order to verify that a registration is actually made by the owner of an e-mail address, we use the “double opt-in” procedure. For this purpose, we log the ordering of the newsletter, the sending of a confirmation e-mail and the receipt of the answer requested herewith. No further data is collected. The data will be used exclusively for sending the newsletter and will not be passed on to third parties.
You can revoke your consent to the storage of your personal data and its use for sending the newsletter at any time. There is a corresponding link in every newsletter. You can also unsubscribe directly on this website at any time or inform us of your wish to do so using the contact option at the end of this data protection notice. Your stored personal data will then be blocked and you will no longer receive any communications, notices or invitations. If you are a customer, buyer or client of ours, we must retain your personal data. Consequently, deletion can only take place at least after expiry of the legally prescribed retention period (see above Section 10, Deletion and Blocking of Data).
17. Log Files, Cookies and Web Analytics Services
When you access our website, information of a general nature is automatically collected using a cookie. This information (server log files) includes, for example, the type of web browser, the operating system used, the domain name of your internet service provider and similar. This is exclusively information which does not allow any conclusions to be drawn about your person.
This information is technically necessary in order to correctly deliver the contents of websites requested by you and is mandatory when using the Internet. It is processed in particular for the following purposes:
o Ensuring that the website can be connected without problems;
o Ensuring a smooth use of our website;
o Granting the shopping cart functionality;
o Evaluation of system safety and stability; and
o for other administrative purposes.
Anonymous information of this kind is statistically evaluated by us, if necessary, in order to optimise our Internet presence and the technology behind it.
Like many other websites, we also use so-called “cookies”. Cookies are small text files that are transferred to your hard drive from a website server. This automatically provides us with certain data such as IP address, browser used, operating system and your connection to the Internet.
Cookies cannot be used to start programs or transfer viruses to a computer. We can use the information contained in cookies to make navigation easier for you and to enable our websites to be displayed correctly.
Under no circumstances will the data we collect be passed on to third parties or linked to personal data without your consent.
Web analytics tools provide statistics and graphs to learn about the use of our services. This allows us to improve the website and the service offered and to enable user-friendly operation. Data about the use of a website is transmitted to the server used for this purpose, whereby such servers may be located abroad depending on the provider.
For Google Analytics, a commonly used web analytics tool, this data is transmitted including (full or shortened) IP addresses. The identification of individual devices should be prevented, but is not under our control.
The collected data are: shortened IP address of the user, name of the accessed website, date and time of access, browser type and version, operating system of the user, referrer URL, i.e. the previously visited page, location, as well as preferred language.
Users cannot be identified personally. The collected data cannot be allocated to any user. Anonymous data is collected and processed during the website analysis. Neither your privacy nor your safe use of the website is affected.
If we should use other web analysis tools, the process of data collection is basically the same for all web analysis tools.
Google complies with the data protection provisions of the “Swiss-U.S. Privacy Shield” agreement. (Information on this can be found at https://www.privacyshield.gov/Swiss-US-Privacy-Shield-FAQs).
If you want to prevent the collection of data generated by cookies and related to your use of the website (including your IP address) to Google and the processing of this data by Google, it is entirely at your’s discretion to download and install the available browser plugin (http://tools.google.com/dlpage/gaoptout).
18. Use of Script Libraries (Google Web Fonts)
In order to display our content correctly and in a graphically appealing manner across browsers, we use script libraries and font libraries such as Google Web Fonts (https://www.google.com/webfonts/) on this website. Google Web Fonts are transferred to your browser’s cache to avoid multiple loading. If the browser does not support Google Web Fonts or prevents access, content will be displayed in a default font.
Calling up script libraries or font libraries automatically triggers a connection to the library operator. It is theoretically possible – although it is currently unclear whether and for what purposes – that operators of such libraries collect data.
19. Use of Google Maps
This website uses Google Maps API to visually display geographical information. When using Google Maps, Google also collects, processes and uses data on the use of the map functions by visitors. You can find more detailed information about data processing by Google in the Google data protection information (https://policies.google.com/privacy). There you can also change your personal data protection settings in the data protection centre.
20. Embedded Videos
Videos may be played on our website. For this purpose, videos – like YouTube videos – are embedded on our website.
The operator of the corresponding plugins is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. When you visit a page with the YouTube plugin, a connection is established to servers of YouTube. This tells YouTube which pages you visit. If you are logged in to your YouTube account, YouTube can assign your surfing behaviour to you personally. You can prevent this by first logging out of your YouTube account.
If you have deactivated the storage of cookies for the Google Ad program, you will not have to expect such cookies when watching YouTube videos. However, YouTube also stores non-personal usage information in other cookies. If you want to prevent this, you must block the storage of cookies in your browser.
21. Social Media resp. Social Plugins
Social plugins, such as Facebook and LinkedIn, are used on our website. You can recognise the plugins by the fact that they are marked with the corresponding logo.
With the help of plug-ins, we link on our website to our Facebook page as well as to our LinkedIn page of the company.
These plugins may be used to send information, which may include personal data, to the service provider and may be used by the latter. We prevent the unconscious and unintentional collection and transmission of data to the service provider by a 2-click solution. In order to activate a desired social plugin, it must first be activated by clicking on the corresponding button. Only when the plugin is activated is the collection of information and its transmission to the service provider triggered. We ourselves do not collect any personal data via the social plugins or their use.
You are free to select the “Block third-party cookies” function in your browser settings. This means that the browser does not send cookies to the server for embedded content from other providers. At most, you have to put up with the fact that other functions of our website will no longer work properly.
We have no influence on what data an activated plugin collects and how this data is used by the provider. At present, it must be assumed that a direct connection to the provider’s services is established and at least the IP address and device-related information is collected and used. It is also possible that the service provider will attempt to store cookies on the computer used. Please refer to the data protection information of the respective service provider to find out which specific data is collected, for what purpose and to what extent it is used, your rights in this regard and setting options for protecting your privacy.
Note: If you are logged in to Facebook at the same time, Facebook can identify you as a visitor to a particular page.
22. Google Ads
Our website uses Google Conversion Tracking. If you have reached our website via an advertisement placed by Google, Google Ads will place a cookie on your computer. The conversion tracking cookie is set when a user clicks on an ad placed by Google. These cookies expire after 30 days and are not used for personal identification. If the user visits certain pages of our website and the cookie has not expired, we and Google will be able to recognise that the user clicked on the ad and was redirected to that page. Each Google Ads customer receives a different cookie. As a result, cookies cannot be tracked across the websites of Ads customers. The information collected through the conversion cookie is used to compile conversion statistics for advertisers who have opted in to conversion tracking. The customers will know the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.
If you do not wish to participate in tracking, you can refuse to accept the cookie that is required for this purpose – for example, by changing your browser settings to generally disable the automatic placement of cookies or to set your browser to block cookies from the “googleleadservices.com” domain.
Please note that you may not delete the opt-out cookies unless you wish to record measurement data. If you have deleted all your cookies in your browser, you have to set the respective opt-out cookie again.
23. Contact or Questions to the Data Protection Officer
If you have any questions about the website, the service, or this statement, please email us at firstname.lastname@example.org with the subject line Privacy or contact the person responsible for data protection in our organization directly:
Frau lic. iur. Tamara Frehner, LL.M.
Rechtsanwältin, Mediatorin SAV / SKWM
Im Zentrum 9
CH – 8604 Volketswil, Schweiz
Phone: +41 43 810 11 40
We reserve the right to correspond electronically (especially by e-mail) in matters relating to your rights.
Please make sure that your written request is unambiguous, with a detailed and precise description of your query, especially in the case of an enquiry for information regarding personal data stored about you. Please provide proof of your identity: Please enclose a legible copy of a valid identification document (e.g. passport, identity card) so that we can unambiguously identify you.
We strive to answer your questions or concerns as quickly as we can.