Introduction
Version as of September 8, 2023
In this Privacy Policy, we, Tagesschule Elementa AG (hereinafter referred to as Elementa, we, or us), explain how we collect and otherwise process personal data. This is not an exhaustive description; specific matters may be governed by other privacy policies or general terms and conditions, participation terms, and similar documents.
Personal data refers to any information related to a specific or identifiable individual. If you provide us with personal data of other individuals (e.g., family members, data of colleagues), please ensure that these individuals are aware of this Privacy Policy and only share their personal data with us if you are authorized to do so and if such personal data is accurate.
This Privacy Policy is designed to comply with the requirements of the European Union General Data Protection Regulation ("GDPR"), the Swiss Data Protection Act ("DSG"), and the revised Swiss Data Protection Act ("revDSG"). However, whether and to what extent these laws are applicable depends on the specific circumstances.
1. Responsible for Data Protection
Responsible for the data processing described here is Tagesschule Elementa AG, located at Sarbachstr. 8, 6345 Neuheim. If you have any data protection concerns, you can reach us at the following contact address: Tagesschule Elementa, Sarbachstr. 8, 6345 Neuheim, or via email at info@tagesschule-elementa.ch.
2. Collection and Processing of Personal Data
Personal data encompasses all information related to a specific or identifiable individual. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and methods used, including collecting, disclosing, obtaining, deleting, storing, altering, destroying, and using personal data.
We process personal data in accordance with Swiss data protection law (DSG and revDSG). Furthermore, to the extent and as long as the EU General Data Protection Regulation (GDPR) is applicable, we process personal data based on the following legal grounds as outlined in Article 6(1) of the GDPR:
a) Processing personal data with the consent of the data subject.
b) Processing personal data to fulfill a contract with the data subject or to carry out pre-contractual measures at the data subject's request.
c) Processing personal data to fulfill a legal obligation to which we are subject under applicable EU law or the law of a country where the GDPR is fully or partially applicable.
d) Processing personal data to protect the vital interests of the data subject or another natural person.
f) Processing personal data to pursue our legitimate interests or those of third parties, unless the fundamental rights and freedoms of the data subject override these interests. Legitimate interests include our business interest in providing our website, information security, asserting our own legal claims, and complying with Swiss law.
We process personal data for the duration necessary for the respective purpose(s). In cases of longer retention periods due to legal or other obligations we are subject to, we restrict processing accordingly.
3. Purposes of Data Processing and Legal Bases
We process data of our contractual partners, interested parties, and other clients, customers, clients, or contractual partners (collectively referred to as 'contractual partners') in accordance with data protection regulations of the Federal Data Protection Act (DSG and revDSG) and the EU General Data Protection Regulation (GDPR) in accordance with Art. 6(1)(b) GDPR. This processing is carried out to fulfill our contractual or pre-contractual obligations towards them. The data processed in this context, the type, scope, and purpose, as well as the necessity of their processing, are determined by the underlying contractual relationship.
The processed data includes the master data of our contractual partners (e.g., names and addresses), contact data (e.g., email addresses and phone numbers), contract data (e.g., services used, contract contents, contractual communication, names of contact persons), and payment data (e.g., bank details, payment history).
We generally do not process special categories of personal data unless they are part of a commissioned or contractually required processing.
We process data that is necessary for the establishment and performance of contractual services and we point out the necessity of their provision, unless it is evident to the contractual partners. Disclosure to external individuals or companies only takes place if it is necessary within the framework of a contract. When processing data provided to us within the scope of an order, we act in accordance with the instructions of the clients and legal requirements.
As part of the use of our online services, we may store the IP address and the time of the respective user action. This storage is based on our legitimate interests, as well as the interests of users in protection against misuse and other unauthorized use. Generally, this data is not disclosed to third parties unless it is required for the pursuit of our claims in accordance with Art. 6(1)(f) GDPR or there is a legal obligation to do so under Art. 6(1)(c) GDPR.
Data is deleted when it is no longer required for the fulfillment of contractual or legal duties of care as well as for handling any warranty and similar obligations, with the necessity of data retention being reviewed at irregular intervals. Otherwise, statutory retention obligations apply.
5. Server-Log-Files
The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
- Browser type and browser version
- Operating system used
- Referrer URL
- Hostname of the accessing computer
- Time of the server request
These data cannot be attributed to specific individuals. There is no merging of this data with other data sources. We reserve the right to retrospectively check this data if we become aware of concrete indications of unlawful use.
6. Contact Form
If you send us inquiries via the contact form, your information from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not pass on this data without your consent.
8. Use of Google Maps
This website uses the Google Maps API to visually display geographic information. When using Google Maps, data about the use of the map functions by visitors is collected, processed, and used by Google. For more information about data processing by Google, please refer to Google's privacy policy. In the privacy center, you can also change your personal privacy settings.
Detailed instructions on managing your own data in connection with Google products can be found here.
9. Google Ads
This website uses Google Conversion Tracking. If you have reached our website via an advertisement placed by Google, Google Adwords will set 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 on our website and the cookie has not expired, we and Google can recognize that the user clicked on the ad and was directed to that page. Each Google AdWords customer receives a different cookie. Cookies cannot therefore be tracked through the websites of AdWords customers. The information obtained using the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. Customers are told 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 information that personally identifies users.
If you do not wish to participate in tracking, you can refuse to set a cookie required for this purpose - for example, by configuring your browser to generally disable the automatic setting of cookies or by setting your browser to block cookies from the domain 'googleleadservices.com.'
Please note that you must not delete the opt-out cookies as long as you do not wish to record measurement data. If you have deleted all your cookies in the browser, you must set the respective opt-out cookie again.
Company: Google LLC (USA)
Purpose: Measurement of the effectiveness of online advertising (Google Ads) / Protection against bots and spam (Google reCAPTCHA).
More information: policies.google.com/privacy
Deactivation: Interest-based advertising by Google Ads can be objected to by making the appropriate settings: adssettings.google.com/anonymous?hl=en
10. Use of Google Remarketing
This website uses the Remarketing function of Google Inc. This function is used to present website visitors with interest-based advertisements within the Google advertising network. A so-called 'cookie' is stored in the visitor's browser, which allows the visitor to be recognized when they visit websites that belong to Google's advertising network. On these pages, the visitor may be presented with advertisements that relate to content that the visitor previously viewed on websites that use Google's Remarketing function.
According to Google, no personal data is collected in this process. If you do not wish to use Google's Remarketing function, you can generally disable it by making the appropriate settings at www.google.com/settings/ads. Alternatively, you can disable the use of cookies for interest-based advertising through the Network Advertising Initiative by following the instructions at www.networkadvertising.org/managing/opt_out.asp.
11. Use of Google reCAPTCHA
This website uses the reCAPTCHA service from Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; 'Google'). The purpose of the query is to determine whether the input is made by a human or automated machine processing. The query includes sending the IP address and, if necessary, other data required by Google for the reCAPTCHA service. For this purpose, your input will be transmitted to Google and used there. However, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address transmitted by your browser as part of reCAPTCHA will not be merged with other data from Google. Your data may also be transmitted to the USA. For data transfers to the USA, there is an adequacy decision of the European Commission, the 'Privacy Shield'. Google participates in the 'Privacy Shield' and has submitted to its provisions. By clicking on the query, you consent to the processing of your data. The processing is based on Art. 6(1)(a) GDPR with your consent. You can revoke your consent at any time without affecting the legality of the processing carried out on the basis of the consent until the revocation.
For more information on Google reCAPTCHA and the corresponding privacy policy, please visit: www.google.com/privacy/ads/.
12. Privacy Policy for Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. To disable Google Analytics, Google provides a browser plug-in at tools.google.com/dlpage/gaoptout?hl=en. Google Analytics uses cookies. These are small text files that allow specific, user-related information to be stored on the user's device. These cookies enable an analysis of the use of our website by Google. The information collected by the cookie about the use of our pages (including your IP address) is usually transmitted to a Google server in the USA and stored there. We would like to point out that on this website, Google Analytics has been extended with the code 'gat._anonymizeIp();' in order to ensure anonymized collection of IP addresses (so-called IP masking). When IP anonymization is active, Google shortens IP addresses within member states of the European Union or in other contracting states of the Agreement on the European Economic Area, which means that no conclusions can be drawn about your identity. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. Google complies with the privacy provisions of the 'Privacy Shield' agreement and is registered with the 'Privacy Shield' program of the US Department of Commerce and uses the information collected to analyze the use of our websites, to compile reports for us in this regard, and to provide other related services to us.
Company: Google LLC (USA)
Purpose: Statistical analysis of user behavior, user-oriented design of content, and presentation of web offers.
More information: policies.google.com/privacy
Deactivation: Google Analytics can be deactivated by downloading and installing the browser add-on at the following link: tools.google.com/dlpage/gaoptout.
13. Privacy Policy for Google AdSense
This website uses Google AdSense, a service for integrating advertisements from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google AdSense uses so-called 'cookies,' which are text files that are stored on your computer and enable an analysis of the use of the website. Google AdSense also uses so-called web beacons (invisible graphics). Through these web beacons, information such as visitor traffic on these pages can be evaluated. The information generated by cookies and web beacons about the use of this website (including your IP address) and the delivery of advertising formats is transmitted to a Google server in the USA and stored there. This information may be passed on by Google to Google's contractual partners. However, Google will not merge your IP address with other data stored by you. You can prevent the installation of cookies by setting your browser software accordingly; however, we would like to point out that in this case, you may not be able to use all functions of this website to their full extent. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Company: Google LLC (USA)
Purpose: Measurement of the effectiveness of online advertising (Google Ads) / Protection against bots and spam (Google reCAPTCHA).
More information: policies.google.com/privacy
Deactivation: Interest-based advertising by Google Ads can be objected to by making the appropriate settings: adssettings.google.com/anonymous?hl=en
14. Privacy Policy for Vimeo
This website uses plugins from the video portal Vimeo, operated by Vimeo, LLC, 555 West 18th Street, New York, New York 10011, USA. Each time you visit a page that offers one or more Vimeo video clips, a direct connection is established between your browser and a Vimeo server in the USA. Information about your visit and your IP address is stored there. By interacting with the Vimeo plugins (e.g., clicking the start button), this information is also transmitted to Vimeo and stored there. You can find Vimeo's privacy policy with more information about the collection and use of your data by Vimeo in Vimeo's privacy policy.
If you have a Vimeo user account and do not want Vimeo to collect data about you through this website and link it to your member data stored at Vimeo, you must log out of Vimeo before visiting this website.
In addition, Vimeo calls up the tracker Google Analytics via an iFrame in which the video is called up. This is Vimeo's own tracking, to which we have no access. You can prevent tracking by Google Analytics by using the deactivation tools that Google offers for some internet browsers. You can also prevent Google from collecting and processing data generated by Google Analytics and related to your use of the website (including your IP address) by downloading and installing the browser plugin available at the following link: tools.google.com/dlpage/gaoptout?hl=en.
15. Duration of Personal Data Retention
We process and store your personal data for as long as it is necessary to fulfill our contractual and legal obligations or for the purposes pursued with the processing, and in accordance with legal retention and documentation requirements. It is possible that personal data may be stored for the period during which claims can be asserted against our company and to the extent that we are otherwise legally obligated to do so or legitimate business interests require it (e.g., for evidence and documentation purposes). Once your personal data is no longer required for the purposes mentioned above, it will generally be deleted or anonymized, to the extent possible. For operational data (e.g., system logs), shorter retention periods of twelve months or less generally apply.
16. Data Security
We implement appropriate technical and organizational security measures to protect your personal data against unauthorized access.
17. Obligation to Provide Personal Data
As part of our business relationship, you must provide the personal data that is necessary for the establishment and execution of a business relationship and the fulfillment of associated contractual obligations (you generally do not have a legal obligation to provide us with data). Without this data, we will generally not be able to enter into a contract with you (or the entity or person you represent) or process it. The website also cannot be used if certain information necessary for data traffic (such as an IP address) is not disclosed.
18. Rights of the Data Subject
You have the right, in accordance with the applicable data protection laws and as provided therein (such as in the case of the GDPR), to request information, correction, deletion, the right to restrict data processing, and to object to our data processing, as well as to receive certain personal data for transfer to another entity (data portability). Please note, however, that we reserve the right to assert the statutory restrictions on our part, such as if we are obligated to retain or process certain data, have an overriding interest (to the extent we are entitled to assert such an interest), or require the data for asserting claims. If there are costs associated with your request, we will inform you in advance. We have already informed you about the possibility of revoking your consent in Section 3. Please note that the exercise of these rights may conflict with contractual agreements and may have consequences such as the premature termination of the contract or cost consequences. We will inform you in advance where this is not already contractually regulated.
The exercise of such rights generally requires that you provide clear evidence of your identity (e.g., by providing a copy of an identification document, where your identity is otherwise not clear or can be verified). To assert your rights, you can contact us at the address provided in Section 1.
Each data subject also has the right to enforce their claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (www.edoeb.admin.ch).
19. Changes
We reserve the right to amend this Privacy Policy at any time without prior notice. The current version published on our website shall apply. If this Privacy Policy is part of an agreement with you, we will inform you of the changes by email or through other appropriate means in the event of an update.