Please note: The conditions of use and the section on Confidentiality have been translated from French. Only the original French version is legally valid. The translations provided are for informational purposes only. You can find these conditions in the original version by
clicking here
Confidentiality and Data Protection
Data protection declaration of SwissOps Ltd
Öffnungszeiten is a service offered by SwissOps Ltd.
This Declaration relating to the data protection of SwissOps Ltd (hereinafter “we” or “Öffnungszeiten”) aims to inform the Client or User (hereinafter “you” or “the User”). ) of our services, offers or products (hereinafter “the Services”) regarding the collection and processing of their data (whether or not they are of a personal nature; hereinafter “the Data”).
1. Introduction
In this document, we answer the following questions in particular: who is responsible for the processing of your Data? What Data do we collect when using our Services? for what purposes do we process this Data? if applicable, to whom do we transmit this Data? We also inform you about the duration of the processing of your Data, the legal basis for this processing (to the extent that such a basis proves necessary) as well as the rights that you can assert against us. regarding the processing of your Data. This Data Protection Statement applies to all your Data which we are already aware of or which will be transmitted to us in the future. Please note that we may adapt this Data Protection Statement at any time. The current version published on Öffnungszeiten.app is authentic.
All information relating to an identified or identifiable person (hereinafter “Personal Data”) is considered personal data. This includes information such as name, address, telephone number, email address and, where applicable, IP addresses as well as device IDs. The generic term “Data” within the meaning of this Data Protection Declaration includes both Personal Data and anonymized data or data not of a personal nature. The term “processing”, for its part, refers to any processing of Data, in particular the collection, recording, use, transformation, dissemination, conservation or erasure of Data, whatever the means or process used (hereinafter, “the Processing”).
Before making the Personal Data of other people available to us, please ensure that they have read this Data Protection Statement, and only provide us with their Personal Data if the data protection legislation current data authorizes you to do so.
2. Responsible
In accordance with this Data Protection Declaration, the Data Controller is SwissOps Ltd, headquartered in Renens, Switzerland. If you have any questions or requests relating to data protection, please contact our specialist “Data Protection” department (info@öffnungszeiten.app).
3. Categories of Processed Data
We collect certain Data when you use our Services or are in contact with Öffnungszeiten (for example, when you visit our website, use one of our mobile applications or other digital Service, enter into a contract, register or you log in to a user account, or when you are in contact with our collaborators). In principle, we collect this Data from you directly. In certain cases, however, it may happen that other people provide us with Data (for example, if a third party makes a rating or comment that concerns you, if your employer provides us with your contact details, or if a company with which you interact a contractual relationship transmits your Data to us).
The Personal Data that we process may include:
- the Data communicated to us when registering for one of our Services (names, contact details, gender, marital status, date of birth, profession, photo, family members, employees, language, payment information, access data, advertising information, opt-in and opt-out, etc.);
- Data relating to offers and concluded contracts (date of the contract, type of contract, content of the contract, contract product, parties to the contract, duration of the contract, value of the contract, modifications to the contract, details relating to payment , contact details, contact persons, billing and correspondence addresses, customer feedback, terminations, disputes, etc.);
- Data obtained or disclosed during the use of our Services by registered or unregistered Users. This includes IP and MAC addresses or the ID of the device used, cookies, pages viewed and search terms entered by Users, values entered in dialog boxes, reservations, reviews. , date, time and duration of views, clicks, reactions to offers from Öffnungszeiten or third parties, referrers/exit URLs, information relating to the date and time of the usage, browser and device type, operating system and Internet service provider, or the amount of data transferred. This also concerns Data published or communicated through our Services or third party services which may be integrated therein (images, texts, comments, evaluations, reservations, videos, etc.). We may also merge Personal Data collected as part of one of our Services with Data collected as part of another Service;
- Data exchanged during any contact with us or concerning such contacts (communication by post, by telephone, by fax, by email, by SMS, by MMS, by video message or via instant messaging, reactions to communications and offers from Öffnungszeiten, preferred means of communication, etc.);
- Data that you or third parties communicate as part of possible participation in competitions or questionnaires, or other similar operations;
- Location Data that certain Services may collect and record if the geolocation function of the device used is activated;
- Data made available to us by third parties with whom we have business relationships (registrations in directories, address databases, mutations of entries in databases, data relating to solvency, information regarding internal company contact persons, etc.);
- Data from public sources (entries in the commercial register, other registers, directories or directories, etc.).
The aforementioned Data is not always Personal Data. As a general rule, unless registered (for example, through a user account), we are not able to associate Data generated during the use of the Site with a specific person. our services. However, in individual cases, such a connection may be possible if this Data is combined with other Data.
Where applicable, in order to use our Services, you will be required to provide certain Personal Data prescribed by law or necessary to establish a contractual relationship, ensure its processing or fulfill related contractual obligations. Without this Personal Data, we will generally not be able to enter into and perform the contract or provide a specific Service. The recording of access to our Digital Services and the resulting collection of connection data (such as the IP address) are also essential. They are performed automatically during use and cannot be disabled for specific Users. Therefore, if you object to the collection of such Data, you should refrain from using our Services.
4. Purposes of Processing and legal bases
To the extent permitted by law, we will process Personal Data in particular for the following purposes:
- preparation, conclusion, execution and processing of contracts;
- offer, development and improvement of our Services, development of new Services, operation, maintenance, optimization and guarantee of the security of our Services and our infrastructures;
- management of Users of our Services, identity checks, connections and other authentications;
- maintenance, management and development of our customer relationships, communication with customers and third parties, customer service and technical support, promotions, advertising and marketing, establishment of user profiles, offering of personalized Services and content relevant;
- keeping and publishing registers, directories or directories (on paper, on data carriers and/or on the Internet), maintaining, comparing and updating databases, including central directories, addresses and other contact details that belong to us or to companies with which we have a contractual relationship;
- protection of Users, our employees and third parties, protection of our Data, secrets and assets, security of our systems, buildings and other infrastructures;
- quality controls, market studies, establishment of statistics, reports and management information, management and development of the company, our offer and our activities, purchase and sale of commercial units, of companies or parts of companies;
- compliance with legal or regulatory obligations and internal rules, application of law, civil, criminal or administrative procedures, complaints, fight against abuse, investigations and response to requests from authorities or official services.
We may also process Personal Data for other purposes if a legal obligation requires it, if we notify you elsewhere or if, in view of the circumstances, the Processing was evident at the time of collection of the Personal Data. Data.
To the extent that a legal basis is required by applicable data protection legislation, we use Personal Data for the aforementioned purposes relying on the following legal bases:
- execution of a contract;
- compliance with legal obligations;
- consent obtained by Öffnungszeiten or by a third party;
- legitimate interests of Öffnungszeiten or third parties, in particular:
- offer and provision of Services;
- advertising and marketing;
- maintenance of relationships and communication with Users and third parties;
- understanding of User behavior, preferences and needs, market research;
- development and improvement of our Services, development of new Services;
- User management, identity checks, connections, authentications;
- protection of Users, our employees and third parties, protection of our Data, secrets, infrastructures and assets;
- secure, efficient and effective maintenance and organization of business activity, including secure, efficient and effective operation and development of Digital Services and other IT systems, problem solving;
- timely management and development of the business, sale or purchase of business units, companies or parts of companies, other transactions under corporate law;
- compliance with legal or regulatory obligations and internal rules, application of law, civil, criminal or administrative procedures, complaints, fight against abuse, investigations and response to requests from authorities.
5. Publication and transmission of Data
We may publish and transmit Data under the following provisions:
Publishing Data
Some of our Services provide for the publication of Data. As a general rule, the Published Data can be consulted everywhere, including outside Switzerland. For example, published directory data is publicly accessible (on Öffnungszeiten.app, etc.). Data published through the corresponding functionalities of our Services (posts, images, texts, videos, comments, ratings, etc.) may also be accessible to the public. This remark also applies to the username used for this purpose. We or third parties may publish the Published Data on other platforms or in other media (e.g. in print media), if necessary after adapting the form. It is also possible that the Data published through our Services may be indexed by search engines (such as Google) or relayed by third parties, over which we have no control. Consequently, this Data may be publicly accessible in any country, even after we have possibly deleted it.
Data processors
We are entitled to mandate third parties to provide certain services (IT services, operation of applications, management, printing, sending, etc.) or to process and save the Data (hereinafter "the Subcontractors"). Datas"). Data Processors may have access to Personal Data and process it within the framework of the mandate we have entrusted to them. Data Processors who may receive Personal Data may be located in any country, including Switzerland, EU or EEA countries and the United States.
Contractual partners
We may transmit Data to our contractual partners (distribution partners, service providers, customers, suppliers, financial institutions, etc.). Such transmission may take place, among other things, with a view to fulfilling contractual obligations, offering specific Services or comparing, validating and updating databases (including central address directories). and other contact details that belong to us or our contractual partners); it may also be used for collection and marketing purposes, to analyze usage and operate our Services, systems and infrastructure, and to process payments. Acquirers or parties interested in acquiring business units, companies or parts of companies are also potential recipients. Contractual partners may have access to Personal Data and process it for their own purposes (e.g. to execute their contracts or fulfill their legal obligations). In this context, they are also required to comply with the data protection legislation in force. Contractual partners likely to receive Personal Data may be established in any country, in particular in Switzerland, in EU or EEA countries as well as in the United States.
Transmissions to authorities and other transmissions for legal reasons
In certain cases, we may disclose Data to authorities, official services or other third parties (in the context of requests from authorities or official services, inquiries and investigations, administrative investigations, criminal investigations, civil and/or criminal proceedings, etc.). We make such a disclosure when the authorities or official services ask us to do so, when we believe we are required to do so, or when we can assume in good faith that access to the Data concerned, their use, their storage or their transmission are reasonably necessary to enforce the terms of use in force, detect, prevent or combat abuse or security breaches or protect the rights and property of Öffnungszeiten.
6. Shelf life
We retain Personal Data for as long as necessary to fulfill the purpose for which we collected it. However, as a general rule, we delete Personal Data generated in the context of the use of our Services (protocols, logs) earlier, i.e. as soon as their Processing is no longer of interest to us. logs"), analyses, etc.) and which are not subject to such retention or limitation periods. Anonymized Data may be retained for longer. Subject to any express contractual agreement, we are not required to retain the Data for a specific period.
7. Cookies, Internet audience measurement tools, tracking tools and other technologies
We use several common technologies to collect, store and analyze Data when you use our Services.
In particular, we use cookies, which allow your web browser or device to be identified. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the browser you use when you use one of our Services. When you access the Service again, it may recognize your browser or device using cookies. Cookies may store various information, such as User preferences. In addition to "session cookies", which are automatically deleted after each visit to our Services, we use temporary and permanent cookies, which are kept on your computer or mobile device for longer. The cookies we use above all allow us to offer you the functionalities of the various Services in a more convenient and secure manner (for example, logging into your user account).
The information collected using cookies also allows us to improve our Services according to Users' expectations and to send you personalized offers and advertisements. We assume that the User, by using our Services and the corresponding functionalities (choice of language, automatic connection, etc.), consents to our use of such cookies. However, you can block the use of cookies or delete them in your browser settings. Please note, however, that if you block cookies, you may not be able to use all of the features of a Service. Likewise, if you delete cookies, any opt-out cookies that you have saved yourself will also be deleted. You will then need to reactivate these opt-out cookies the next time you use the Service concerned. Otherwise, you will be identified as a new User and will have to re-enter your Data.
In addition to cookies, we may use other technologies (pixels, web beacons, tags, advertising IDs, etc.) to analyze the use of our Services, personalize them or offer you tailor-made offers and advertising. For example, when we send newsletters or emails, we may use technologies that allow us to analyze, on the one hand, what content is of interest to Users, and, on the other hand , if, when and how they react to our offers (downloading images contained in an e-mail, clicking on URLs appearing in an e-mail or on a website, entering data in a form, etc. .). We assume that the User, by using such functionalities, consents to our use of the corresponding technologies.
Finally, we also use various Internet audience measurement tools and common tracking tools to measure and analyze the use of our Services. Such tools, most often provided by third parties, provide us with information and statistics relating to the use of our Services, which help us to better understand it and to adapt our Services to the needs of Users.
For example, we use Google Analytics, a web analysis service provided by Google LLC and also using cookies. The information generated by cookies about your use of our Services is generally transmitted to a Google server in the United States and stored there. However, on our Services, we have activated the anonymization of IP addresses for Google Analytics. Therefore, Google deletes part of your IP address within a member state of the European Union or the European Economic Area before it is transmitted to the United States. The full IP address is only transmitted to a Google server in the USA and shortened in exceptional cases. Google will use this information to analyze the use of the website in question, to compile reports on website activities and to provide other services to the website operator. link with the use of the site and the Internet in general. You can find more information about the Internet audience measurement and tracking tools we use as well as possible options for deactivating or blocking their use here.
Please note that authorized third parties (for example, our advertising partners) may also use cookies or other technologies on our Services in order to analyze their use, personalize them or offer you tailor-made offers and advertisements. You can find an overview of the third parties we collaborate with in this area here. These third parties process the Data under their own data usage and protection provisions.
8. Social media plugins and integration of third-party offers
We integrate social network plugins (Facebook, Google, etc.) into our Services. These plugins make it easier to share content on these platforms. You can find an overview of the plugins we use here.
When visiting one of our Services that contains plugins, a connection can be automatically established with the server of the respective provider. This then collects and records certain Data (date and time of visit to the Service, browser type, IP address, etc.). If you hold a user account with one of these providers, they may associate this information with your profile. Furthermore, if you interact with these plugins (for example, by clicking "Like" or leaving a comment), this information is in turn transmitted to the respective provider, who stores it and possibly publishes it. When you connect to our Services via a social network (use of a “social login” service, such as Facebook Connect), the service provider concerned may transmit to us certain Personal Data concerning you that it has recorded (name, email address, profile picture, etc.).
In addition, we integrate into our Services services provided by third parties which allow you to interact with customers or other Users of Öffnungszeiten as well as with third parties (booking through a reservation service, publication of ratings or comments, etc.). Any Data entered is then either transmitted to these third parties for the processing and execution of the service concerned, or processed directly by them.
Please note that these third parties process Data under their own data usage and protection provisions.
9. Rights of data subjects
Any person concerned has a right of access to Personal Data concerning them. He also has the right to demand that we rectify or erase Personal Data concerning him or that we restrict the Processing and use thereof, and may also object to such Processing of Personal Data. As a general rule, however, the data subject must be able to clearly prove his or her identity in order to exercise such rights. If the data subject has consented to the Processing of Personal Data, he or she may revoke his or her consent at any time. Within EU or EEA member states, the data subject has the right, in certain cases, to receive Data generated during the use of Online Services in a structured, commonly used format and machine-readable which allows said Data to continue to be used and transmitted. Any request relating to these rights must be addressed to the specialized “Data Protection” department (see number 2 above). We reserve the right to limit the rights of the data subject to the extent permitted by law and, for example, not to provide complete information or not to delete Data. Furthermore, we draw your attention to the fact that, if your Personal Data is deleted, Services or parts of Services may no longer be available or usable.
It is possible that an automated decision by Öffnungszeiten concerning a particular person may have legal effects with regard to that person or substantially affect him or her for some other reason. In such a case, and to the extent provided for by law, the data subject may contact a responsible person within Öffnungszeiten and ask them to reconsider the automated decision or immediately demand that the decision be taken by a person rather than in an automated manner. In this case, the data subject may no longer be able to use certain automated services. She will be informed separately of such decisions.
Any data subject has the right to lodge a complaint with the competent data protection authority. If the Data Controller is located in Switzerland, it will be the Federal Data Protection and Transparency Officer (http://www.edoeb.admin.ch).
