Data protection
It is generally possible to use our website without providing any personal data. However, if a data subject wishes to use special services via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the applicable country-specific data protection regulations. By means of this data protection declaration, we would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed about the rights to which they are entitled using this data protection declaration.
As those responsible, we have implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed via this website. However, internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
1. Definitions
Our data protection declaration is based on the terms used by the European legislator for directives and regulations when issuing the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this data protection declaration:
a) personal data
Personal data is all information that relates to an identified or identifiable natural person (hereinafter “data subject”). A natural person is considered to be identifiable if he or she can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person whose personal data is processed by the data controller.
c) Processing
Processing is any operation or series of operations carried out with or without the aid of automated procedures in connection with personal data, such as the collection, recording, organization, structuring, storage, adaptation or modification, reading, querying, use, disclosure by transmission, distribution or other form of provision, alignment or combination, restriction, deletion or destruction.
d) Restriction of processing Restriction
of processing is the marking of stored personal data with the aim of restricting their future processing.
e) Profiling
Profiling is any type of automated processing of personal data which consists in using these personal data to evaluate certain personal aspects relating to a natural person, in particular to assess aspects relating to work performance, economic situation, Analyze or predict the health, personal preferences, interests, reliability, behavior, location or movement of that natural person.
f) Pseudonymization
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data is not assigned to an identified or identifiable natural person.
g) Controller or person responsible for processing
Controller or person responsible for processing is the natural or legal person, public authority, institution or other body which, alone or jointly with others, decides on the purposes and means of processing personal data. If the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
h) Processor
Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller.
i) Recipient
Recipient is a natural or legal person, public authority, agency or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, public authorities which may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.
j) Third party
Third party is a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.
k) Consent
Consent is any voluntary, informed and unambiguous expression of wishes given by the data subject for the specific case in the form of a statement or other clear confirmatory act by which the data subject indicates that he or she consents to the processing of data concerning him or her agrees to personal data.
2. Name and address of the controller Controller
within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:
likeMagic AG
Wallisellenstrasse 57
CH-8600 Dübendorf
3. Collection of general data and information
The websites collect a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server’s log files. What can be recorded are the (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrers), (4) the sub-websites which are accessible via an accessing system on our website is controlled, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serves to protect against threats in the event of attacks on our information technology systems.
When using this general data and information, we do not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website and ( 4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files is stored separately from all personal data provided by a data subject.
4. Contact option via the website
Due to legal regulations, the website contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the person responsible for processing by email or via a contact form, the personal data transmitted by the data subject will be automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
5. Routine deletion and blocking of personal data
The controller processes and stores the personal data of the data subject only for the period necessary to achieve the storage purpose or if this is required by the European legislator or another legislator in law or regulations to which the controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another responsible legislator expires, the personal data will be blocked or deleted routinely and in accordance with legal regulations.
6. Rights of the data subject
a) Right to confirmation
Every data subject has the right granted by the European legislator to obtain confirmation from the person responsible for processing as to whether personal data concerning him or her is being processed. If a data subject would like to exercise this right of confirmation, they can contact an employee of the person responsible for processing at any time.
b) Right to information
Every person affected by the processing of personal data has the right granted by the European legislator to receive free information from the person responsible for processing at any time about the personal data stored about him and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
the purposes of processing
, the categories of personal data that are processed,
the recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular in the case of recipients in third countries or international organizations,
if possible, the planned period for which the personal data will be stored or, if this is not possible, the criteria for determining that period,
the existence of a right to rectification or deletion of the personal data concerning them or to Restriction of processing by the controller or a right to object to this processing
The existence of a right to lodge a complaint with a supervisory authority
if the personal data are not collected from the data subject: All available information about the origin of the data
The existence of automated decision-making including profiling in accordance with Article 22 Para .1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved as well as the scope and intended effects of such processing for the data subject. The data subject
also has a right to information as to whether personal data is being sent to a third country or transmitted to an international organization. If this is the case, the data subject also has the right to receive information about the appropriate guarantees in connection with the transfer.
If a data subject would like to exercise this right to information, they can contact an employee of the person responsible for processing at any time.
c) Right to rectification
Every person affected by the processing of personal data has the right granted by the European legislator to request the immediate correction of incorrect personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary statement, taking into account the purposes of the processing.
If a data subject would like to exercise this right to rectification, they can contact an employee of the data controller at any time.
d) Right to deletion (right to be forgotten)
Every person affected by the processing of personal data has the right granted by the European legislator to demand from the person responsible that the personal data concerning him or her be deleted immediately, provided that one of the following Reasons apply and to the extent that processing is not necessary:
The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
The data subject revokes their consent on which the processing was based in accordance with Article 6 Paragraph 1 Letter a GDPR or Article 9 Paragraph 2 Letter a GDPR and there is no other legal basis for the processing.
The data subject objects to the processing in accordance with Article 21 (1) of the GDPR and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing in accordance with Article 21 (2) of the GDPR processing.
The personal data was processed unlawfully.
The deletion of personal data is necessary to comply with a legal obligation under Union or Member State law to which the controller is subject.
The personal data was collected in relation to information society services offered in accordance with Article 8 Para. 1 GDPR.
If one of the reasons mentioned above applies and a data subject wishes to have personal data stored by us deleted, they can contact an employee of the data controller at any time. The employee will ensure that the deletion request is complied with immediately.
If we have made the personal data public and our company, as the person responsible, is obliged to delete the personal data in accordance with Article 17 Paragraph 1 of the GDPR, we will take appropriate measures, including technical ones, taking into account the available technology and the implementation costs to inform other data controllers who process the published personal data that the data subject has requested that these other data controllers delete all links to this personal data or copies or replications of this personal data, to the extent that processing is not necessary. The employee will take the necessary measures in individual cases.
e) Right to restriction of processing
Every person affected by the processing of personal data has the right granted by the European legislator to request that the person responsible restrict processing if one of the following conditions is met:
The accuracy of the personal data is disputed by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful, the data subject refuses the deletion of the personal data and instead requests the restriction of the use of the personal data.
The controller no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims.
The data subject has lodged an objection to the processing in accordance with Article 21 Paragraph 1 of the GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by us, they can contact an employee of the data controller at any time. The employee will arrange for the processing to be restricted.
f) Right to data portability
Every person affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which the person concerned has provided to a person responsible, in a structured, common and machine-readable format . You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent in accordance with Article 6 Paragraph 1 Letter a of the GDPR or Article 9 Paragraph 2 letter a GDPR or on a contract in accordance with Article 6 paragraph 1 letter b GDPR and the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task that is in the public interest or is carried out in the exercise of official authority, which has been transferred to the person responsible.
Furthermore, when exercising his or her right to data portability in accordance with Article 20 (1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one person responsible to another person responsible, to the extent that this is technically feasible and provided that This does not affect the rights and freedoms of other people.
To assert the right to data portability, the data subject can contact an employee at any time.
g) Right to object
Every person affected by the processing of personal data has the right granted by the European legislator to object at any time to the processing of personal data concerning him or her on the basis of Article 6 for reasons arising from his or her particular situation Paragraph 1 letter e or f DS-GVO to lodge an objection. This also applies to profiling based on these provisions.
In the event of an objection, we will no longer process the personal data unless we can demonstrate compelling legitimate reasons for the processing which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims .
If we process personal data in order to conduct direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected to such direct advertising. If the data subject objects to the processing for direct advertising purposes, the personal data will no longer be processed for these purposes.
In addition, the data subject has the right, for reasons arising from his or her particular situation, to object to the processing of personal data concerning him or her that is carried out by us for scientific or historical research purposes or for statistical purposes in accordance with Article 89 (1) of the GDPR , to object, unless such processing is necessary to fulfill a task carried out in the public interest.
To exercise the right to object, the data subject can contact any employee directly. Furthermore, in connection with the use of information society services, the data subject is free, notwithstanding Directive 2002/58/EC, to exercise his or her right to object by means of automated procedures using technical specifications.
h) Automated decisions in individual cases, including profiling
Every person affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based exclusively on automated processing – including profiling – which has legal effects on him or her or similarly significantly affects them, provided that the decision (1) is not necessary for entering into or performance of a contract between the data subject and the controller, or (2) is required by Union or Member State law to which the controller is subject , is permissible and these legal provisions contain appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject or (3) takes place with the express consent of the data subject.
If the decision (1) is necessary for entering into or performing a contract between the data subject and the data controller or (2) it is based on the data subject’s express consent, we will take appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject data subject, which includes at least the right to obtain human intervention on the part of the person responsible, to express one’s own point of view and to challenge the decision.
If the data subject would like to assert rights with regard to automated decisions, he or she can contact an employee of the data controller at any time.
i) Right to revoke consent under data protection law
Every person affected by the processing of personal data has the right granted by the European legislator to revoke consent to the processing of personal data at any time.
If the data subject would like to exercise their right to withdraw consent, they can contact an employee of the data controller at any time.
7. Legal basis for processing
Art. 6 I lit. a GDPR serves as the legal basis for our company for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance details or other vital information would then have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the above-mentioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, he was of the opinion that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).
8. Legitimate interests in processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.
9. Duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline has expired, the relevant data will be routinely deleted unless it is no longer required to fulfill the contract or initiate a contract.
10. Legal or contractual regulations regarding the provision of personal data; Necessity for the conclusion of the contract; Obligation of the data subject to provide the personal data; possible consequences of non-provision
We would like to clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). In order to conclude a contract, it may sometimes be necessary for a data subject to provide us with personal data, which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before the data subject provides personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the non-provision of the personal data would have.