Privacy

Version from 26.03.2024

In this privacy policy, we, Mind-Craft, explain how we collect and otherwise process personal data. This is not an exhaustive description; if necessary, other data protection declarations regulate specific circumstances. Personal data is understood to mean any information relating to an identified or identifiable person.

If you provide us with personal data of other persons (e.g. family members, data of work colleagues), please make sure that these persons are aware of this privacy policy and only provide us with their personal data if you are allowed to do so and if this personal data is correct.

This Privacy Policy is designed to comply with the requirements of the EU General Data Protection Regulation, the Swiss Data Protection Act and the revised Swiss Data Protection Act. However, whether and to what extent these laws are applicable depends on the individual case.

1. Controller / Data Protection Officer / Representative

Responsible for the data processing we describe here is Mind-Craft, Buechbühlstrasse 6a, 8956 Killwangen. If you have any data protection concerns, you can inform us at the following contact address: Mind-Craft, Buechbühlstrasse 6a, 8956 Killwangen, info@mind-craft.ch.

2. Collection and processing of personal data

We primarily process the personal data that we receive from our customers and other business partners in the course of our business relationship with them and other persons involved, or that we collect from their users during the operation of our websites, apps and other applications.

Insofar as this is permitted, we also take certain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, internet) from authorities and other third parties. In addition to the data about you that you provide to us directly, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we learn in connection with administrative and judicial proceedings, information related to your professional functions and activities (so that we can, for example, conclude and conduct business with your employer with your help), information about you in correspondence and meetings with third parties, credit reports (insofar as we do business with you personally), information about you that people from your environment (family, consultants, legal representatives, etc.) provide us with so that we can conclude or process contracts with you or with your involvement (e.g. references, your address for deliveries, powers of attorney, information on compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurances, sales and other contractual partners of ours for the use or provision of services by you (e.g. payments made, purchases made)), information about you from the media and the Internet (insofar as this is indicated in the specific case, e.g. in the context of an application, press review, marketing/sales, etc.), your addresses and, if applicable, interests and other socio-demographic data (for marketing), Data in connection with the use of the website (e.g. IP address, MAC address of your smartphone or computer, information about your device and settings, cookies, date and time of visit, pages and content accessed, functions used, referring website, location information).

3. Purposes of data processing and legal bases

All documents prepared with the customer and handed over to him/her are included in the agreed service. The documents are intended for the personal use of the client. The copyright to the documents and other documents provided by Mind-Craft belongs solely to Mind-Craft or Nebojsa Pavlovic. The client is not permitted to reproduce any documents of Mind-Craft, in whole or in part, and/or to make them accessible to third parties without the written consent of Nebojsa Pavlovic (rights of Mind-Craft).

We use the personal data we collect primarily to conclude and process our contracts with our customers and business partners, in particular in the context of communication with our customers and the purchase of products and services from our suppliers and subcontractors, as well as to comply with our legal obligations at home and abroad. If you work for such a customer or business partner, you may of course also be affected in this function with your personal data.

In addition, we process personal data of you and other persons, to the extent permitted and deemed appropriate by us, also for the following purposes in which we (and sometimes also third parties) have a legitimate interest corresponding to the purpose:

Offering and further developing our offers, services and websites, apps and other platforms on which we are present;
Communicating with third parties and processing their requests (e.g. job applications, media enquiries);
Testing and optimisation of needs analysis procedures for the purpose of direct customer contact and collection of personal data from publicly available sources for the purpose of customer acquisition;
Advertising and marketing (including the organisation of events), provided that you have not objected to the use of your data (if we send you advertising as an existing customer of ours, you can object to this at any time, we will then put you on a blacklist against further advertising mailings);
Market and opinion research, media monitoring;
Assertion of legal claims and defense in connection with legal disputes and official proceedings;
preventing and investigating criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
Warranties for our operations, including but not limited to IT, websites, apps and other platforms;
Video surveillance to safeguard domiciliary rights and other measures for IT, building and system security and the protection of our employees and other persons and assets belonging to or entrusted to us (such as access controls, visitor lists, network and mail scanners, telephone recordings);
Purchase and sale of business units, companies or parts of companies and other corporate transactions and the associated transfer of personal data as well as measures for business management and to the extent necessary to comply with legal and regulatory obligations as well as internal regulations.

Insofar as you have given us your consent to process your personal data for certain purposes (for example, when you register to receive newsletters or carry out a background check), we process your personal data within the framework of and based on this consent, insofar as we have no other legal basis and we need one. Consent given can be revoked at any time, but this has no effect on data processing that has already taken place.

4. Cookies / Tracking and other technologies related to the use of our website

We sometimes use Google Analytics or similar services on our websites. This is a service provided by third parties, which may be located in any country in the world (in the case of Google Analytics, it is Google Ireland (based in Ireland), Google Ireland relies on Google LLC (based in the USA) as a data processor (both “Google”), www.google.com), with which we can measure and evaluate the use of the website (non-personal). Permanent cookies set by the service provider are also used for this purpose. We have configured the service in such a way that the IP addresses of visitors are shortened by Google in Europe before being redirected to the USA and thus cannot be traced. We have turned off the “Data sharing” and “Signals” settings. Although we can assume that the information we share with Google is not personal data for Google, it is possible that Google may use this data for its own purposes to draw conclusions about the identity of visitors, create personal profiles and link this data to the Google accounts of these individuals. If you have registered with the service provider yourself, the service provider also knows you. The processing of your personal data by the service provider is then carried out under the responsibility of the service provider in accordance with its data protection regulations. The service provider only tells us how our respective website is used (no information about you personally).

We also use plug-ins from social networks such as Facebook, Twitter, Youtube, Pinterest or Instagram on our websites. This is visible to you in each case (typically via corresponding symbols). We’ve configured these items to be disabled by default. If you activate it (by clicking on it), the operators of the respective social networks can register that you are on our website and where and can use this information for their purposes. The processing of your personal data is then carried out under the responsibility of this operator in accordance with its data protection regulations. We do not receive any information about you from him.

6. Duration of storage of personal data

We process and store your personal data for as long as it is necessary for the fulfilment of our contractual and legal obligations or otherwise 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. In doing so, it is possible that personal data will be retained for the time in which claims can be asserted against our company and insofar as we are 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 anonymised as a matter of principle and as far as possible. For operational data (e.g. system logs, logs), shorter retention periods of twelve months or less generally apply.

5. Data transfer and transfer abroad

Within the scope of our business activities and the purposes set out in section 3, insofar as permitted and deemed appropriate to us, also known to third parties, either because they process them for us or because they want to use them for their own purposes. In particular, the following positions are concerned:

our service providers, including processors (such as IT providers);
dealers, suppliers, subcontractors and other business partners;
customers;
domestic and foreign authorities, offices or courts;
media;
public, including visitors to websites and social media;
competitors, industry organizations, associations, organizations and other bodies;
acquirers or interested parties in the acquisition of business units, companies;
other parties in potential or actual legal proceedings;

all common recipients.

These receivers are partly domestic, but can be anywhere on Earth.

Recipients in a country without adequate legal data protection, we contractually oblige the recipient to comply with the applicable data protection law (for this purpose, we use the revised Standard Contractual Clauses of the European Commission, which can be found here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj? https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj? are available), unless it is already subject to a legally recognised set of rules to ensure data protection and we cannot rely on an exemption provision. An exception may apply, in particular, in the case of legal proceedings abroad, but also in cases of overriding public interest or if the execution of a contract requires such disclosure, if you have given your consent or if the data has been made generally accessible by you, the processing of which you have not objected to.

7. Data security

We take appropriate technical and organizational security precautions to protect your personal data from unauthorized access and misuse.

8. 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 fulfilment of the associated contractual obligations (you usually do not have a legal obligation to provide us with data). Without this information, we will generally not be able to enter into or perform a contract with you (or the entity or person you represent). The website cannot be used if certain information is not disclosed to ensure data traffic (such as IP address).

9. Profiling

We process your personal data in a partially automated manner with the aim of evaluating certain personal aspects (profiling). In particular, we use profiling to provide you with targeted information and advice about products. In doing so, we use evaluation instruments that enable us to communicate and advertise in line with our needs, including market and opinion research.

10. Rights of the data subject

Within the framework of the data protection law applicable to you and insofar as provided for therein (such as in the case of the GDPR), you have the right to information, correction, deletion, the right to restriction of data processing and otherwise the right to object to our data processing, in particular those for the purposes of direct marketing, profiling for direct marketing and other legitimate interests in the processing, as well as to the disclosure of certain personal data for the purpose of transmission to another body (so-called data portability). Please note, however, that we reserve the right to enforce the restrictions provided for by law, for example if we are obliged to store or process certain data, have an overriding interest in doing so (insofar as we are entitled to invoke it) or need it for the assertion of claims. If you incur any costs, we will inform you in advance. We have already discussed the possibility of revoking your consent in section 3. Please note that exercising these rights may conflict with contractual agreements and this may have consequences such as early termination of the contract or cost consequences. If necessary, we will inform you in advance if this is not already contractually regulated.

Exercising such rights usually requires you to provide clear proof of your identity (e.g. by means of a copy of your identity document, where your identity is otherwise not clear or can be verified). To assert your rights, you can contact us at the address given in section 1.

Each data subject also has the right to enforce his or her 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 (https://www.edoeb.admin.ch).

11. Changes

We may amend this Privacy Policy at any time without notice. The current version published on our website applies. To the extent that the Privacy Policy is part of an agreement with you, we will notify you of the change by email or other appropriate means in the event of an update.

License: Creative Commons “Attribution 4.0 International” (Attribution: “Based on DSAT.ch.”)