Privacy policy

Privacy policy

1 GENERAL

1.1 Scope

This privacy policy explains which personal data is processed by Fixcontrol GmbH (hereinafter referred to as Fixcontrol) in connection with its business activities and operations, including its various websites (fixcontrol.ch, fixfinder.ch).
In particular, this privacy policy explains the collection and further processing of personal data by Fixcontrol on its own behalf and on behalf of the organisers for whom it acts, insofar as such processing is not covered by other privacy policies, is not evident from the circumstances or is not governed by law.
Further privacy policies and other legal documents such as general terms and conditions (GTC), terms of use or conditions of participation may apply to individual or additional activities and operations.

1.2 General information

Contact address
The party responsible for the processing of personal data is:
Fixcontrol GmbH
Bächlistrasse 33
CH-9053 Teufen AR
kontakt@fixcontrol.ch
Fixcontrol will indicate if, in individual cases, other parties are responsible for the processing of personal data.
Definitions
Personal data means any information relating to an identified or identifiable person. A data subject is a person about whom personal data is processed (hereinafter also referred to as the user). Processing covers any handling of personal data, irrespective of the means and procedures used, in particular the storage, disclosure, procurement, collection, deletion, saving, modification, destruction and use of personal data.
Legal basis
Fixcontrol processes personal data in accordance with Swiss data protection law, in particular the Federal Act on Data Protection (FADP) and the Ordinance to the Federal Act
on Data Protection (OFADP).

2 DATA PROTECTION

When developing its offerings, Fixcontrol always strives to treat user data confidentially and to store it securely. In addition, the user can decide how the data may be used and with whom it may be shared. Fixcontrol only collects the minimum data necessary to enable and improve Fixcontrol products and services. Fixcontrol processes personal data for the period required for the respective purpose or purposes or by law.
Within this framework, Fixcontrol processes in particular information that a data subject voluntarily provides when making contact – for example by post, email, instant messaging, contact form, social media or telephone – or when registering for a user account. Fixcontrol may store such information, for example, in an address book, in a customer relationship management system (CRM system) or with comparable tools. If Fixcontrol receives data about other persons, the persons transmitting the data are obliged to ensure data protection with respect to these persons and to ensure the accuracy of this personal data.

2.1 Data collected

Creating a user profile
The Fixcontrol applications can also be used without a user profile. However, a user profile is required to access the data synchronised by the Fixcontrol applications and to use the full range of functions. When the profile is set up, Fixcontrol asks for personal information, namely the email address. The email address serves as the name of the user profile and cannot be seen by other users. Instead, other users see an anonymised entry, or the name or nickname entered in the user profile.

Adding information to the profile
The profile and the use of Fixcontrol applications can be fully customised, for example by adding further information to the user profile (e.g. profile pictures, etc.). Such data is stored together with the profile data already collected.

Device synchronisation
When Fixcontrol products (e.g. FixFinder app, FixAnalysis, etc.) are synchronised, data is transmitted to the servers used by Fixcontrol. This data is stored and used to provide the Fixcontrol services.
The synchronised data is only linked to the corresponding user profile at the express request of the user (by the user logging in). Data on the transmission may also be recorded during each synchronisation, but this data contains no reference to the user.

Location data
Fixcontrol collects and processes location data when the user signs up for or uses the services and explicitly chooses a function that requires location data (e.g. GPS tracking). So that Fixcontrol can also track while the screen is locked, access to the location with the setting “Always” is required.
Active recording of the device location is visibly indicated by an icon in the app. If tracking of the device location is to be stopped, this can be changed at any time in the device settings.

Notifications and communications
Fixcontrol sends notifications and communications by email (from the user profile) and via other communication channels such as instant messaging or SMS. The data subject can in principle object at any time to receiving notifications and communications such as newsletters. Such an objection may at the same time be made to the statistical recording of usage for measuring success and reach. Notifications and communications required in connection with the activities and operations of Fixcontrol remain reserved.

2.2 Use of data

Fixcontrol processes the personal data required to enable the use of Fixcontrol products and to carry out its activities and operations in a lasting, user-friendly, secure and reliable manner. Such personal data may fall in particular into the categories of master and contact data, browser and device data, content data, meta or marginal data and usage data, location data, sales data, and contract and payment data.

2.3 Consent and objection

Fixcontrol only processes personal data with the consent of the data subject, unless the processing is permitted for other legal reasons. Processing without consent may be permitted, for example, to perform a contract with the data subject and for corresponding pre-contractual measures, to safeguard the overriding legitimate interests of Fixcontrol, because the processing is evident from the circumstances, or after prior notice.

2.4 Disclosure of data to third parties

However, Fixcontrol's digital communication – like, in principle, all digital communication – is subject to mass surveillance without cause or suspicion as well as other surveillance by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. Fixcontrol cannot exert any direct influence on the corresponding processing of personal data by secret services, police authorities and other security authorities.

Anonymised data
Fixcontrol may pass on anonymised and aggregated data, from which the data subject cannot be personally identified, to partners and the public for various purposes, or sell this data (e.g. for research results or reports on health and fitness). When Fixcontrol publishes this information, appropriate measures are taken to ensure that the data does not allow any conclusions to be drawn about individual persons. In addition, Fixcontrol contractually prohibits the recipient from identifying the data subject on the basis of this data.

Other ways of sharing data
Fixcontrol reduces the default settings for the visibility of data to a minimum. The data subject can choose to make their data visible to others.
Fixcontrol may conduct surveys to find out how the Fixcontrol services are used. These surveys may also be carried out by third parties. All personal data is used only in connection with the survey concerned and as explained in this policy.

2.5 Data retention period

Personal data is stored for as long as the data subject maintains an account with Fixcontrol services. Thereafter, only for as long as required by legal obligations.

2.6 Editing or changing data

All data that a data subject provides in the Fixcontrol services can be edited and changed in the account settings. Deleted data is no longer displayed to any users of the Fixcontrol services. However, backup copies of this data remain linked to the user account on the archive servers.
Fixcontrol generally processes personal data in Switzerland. However, personal data may also be disclosed or exported to other countries, in particular in order to be processed there or to have it processed there. Personal data may be disclosed to all countries and territories on Earth and elsewhere in the universe, provided that the law there ensures adequate data protection in the assessment of the Federal Data Protection and Information Commissioner (FDPIC) or according to a decision of the Swiss Federal Council.
Fixcontrol may disclose personal data to countries whose law does not ensure adequate data protection, provided that suitable data protection is ensured for other reasons, for example through corresponding contractual agreements, on the basis of standard data protection clauses or with other appropriate safeguards. In exceptional cases, personal data may be exported to countries without adequate or suitable data protection if the special requirements of data protection law are met, for example the express consent of the data subjects or a direct connection with the conclusion or performance of a contract. On request, Fixcontrol will gladly inform data subjects about any safeguards or provide a copy of safeguards.

2.7 Rights in connection with personal data

Data subjects whose personal data is processed by Fixcontrol have the rights granted under Swiss data protection law. Data subjects whose personal data is processed by Fixcontrol have the right to lodge a complaint with a competent supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).
Among other things, the data subject is entitled (subject to the conditions of the applicable law as amended from time to time)

2.8 Deactivating the user profile

A user profile is deactivated via support. When an account is deactivated, personal data whose processing is no longer required – in particular email address, name, photos, etc. – is anonymised or deleted from the Fixcontrol services. Backup copies of this data may still exist for a short time until final deletion. Fixcontrol may continue to use anonymised data even after the account has been closed.
Fixcontrol contractually obliges recipients of personal data (see chapter 4) to likewise permanently delete this data and no longer use it after a user profile has been deactivated.

2.9 Data security at Fixcontrol

Fixcontrol takes appropriate technical and organisational measures to ensure a level of data security appropriate to the respective risk. To this end, Fixcontrol relies on a combination of technical and administrative security controls, but cannot guarantee absolute data security.
In close cooperation with its hosting providers, Fixcontrol endeavours to protect the databases as well as possible against unauthorised access, loss, misuse or falsification. The website(s) are accessed using transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers indicate transport encryption with a padlock in the address bar.

3 USE OF THE FIXCONTROL WEBSITES

Fixcontrol collects data typical of the industry from every user who visits the Fixcontrol websites. It is irrelevant whether or not the user has an account. This automatically collected data includes, for example, IP address, date, time, browser request and general information transmitted about the operating system or browser. This also allows Fixcontrol to prevent possible misuse of the website and to ensure that it functions properly.

3.1 Cookies

Fixcontrol may use cookies. Cookies – both its own cookies (first-party cookies) and cookies from third parties whose services Fixcontrol uses (third-party cookies) – are data stored in the browser. Such stored data need not be limited to traditional text cookies.
Cookies can be stored in the browser temporarily as “session cookies” or for a certain period as so-called permanent cookies. “Session cookies” are deleted automatically when the browser is closed. Permanent cookies have a specific storage period. In particular, cookies make it possible to recognise a browser the next time one of the Fixcontrol websites is visited and thus, for example, to measure the reach of the websites. However, permanent cookies may also be used, for example, for online marketing.
Cookies can be fully or partially deactivated and deleted at any time in the browser settings. Without cookies, the Fixcontrol websites may no longer be available in full. Fixcontrol actively requests – at least if and to the extent necessary – express consent to the use of cookies.

3.2 Server log files

For each access to its websites, Fixcontrol may record the following information, provided that it is transmitted by your browser to the Fixcontrol server infrastructure or can be determined by the Fixcontrol web servers: date and time including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including the amount of data transferred, and the last web page accessed in the same browser window (referer or referrer).
Fixcontrol stores such information, which may also constitute personal data, in server log files. The information is required in order to provide the website in a lasting, user-friendly and reliable manner and to ensure data security and thus in particular the protection of personal data – also by third parties or with the help of third parties.

3.3 Tracking pixels

Fixcontrol may use tracking pixels on its websites. Tracking pixels are also referred to as web beacons. Tracking pixels – including those from third parties whose services Fixcontrol uses – are small, usually invisible images that are retrieved automatically when the website is visited. Tracking pixels can record the same information as server log files.

4 MEASURING SUCCESS AND REACH

Fixcontrol uses services and programs to determine how its online offering is used and to record whether a communication has been opened or which web links have been clicked. Within this framework, Fixcontrol measures, for example, the success and reach of its activities and operations as well as the effect of third-party links to the Fixcontrol website.

4.1 Optimising the offering

In this way, Fixcontrol can also, for example, try out and compare how different versions of the online offering or parts of it are used (“A/B test” method). Based on the results of measuring success and reach, errors can in particular be corrected, popular content strengthened or improvements made to the online offering. Fixcontrol can thus operate its services, offering and products as well as communications and notifications effectively and user-friendly according to customer needs, and in a lasting, secure and reliable manner.
When services and programs are used for measuring success and reach, the Internet Protocol (IP) addresses of individual users must be stored. IP addresses are generally shortened (“IP masking”) in order to follow the principle of data minimisation through the corresponding pseudonymisation and thus to improve the data protection of users. When services and programs are used for measuring success and reach, cookies may be used and user profiles may be created. User profiles include, for example, the pages visited or content viewed on the websites, information on the size of the screen or browser window and the – at least approximate – location. As a rule, user profiles are created exclusively in pseudonymised form.
Fixcontrol does not use user profiles to identify individual users. Individual third-party services with which users are logged in may be able to assign the use of Fixcontrol's online offering to the user account or user profile with the respective service.

5 THIRD-PARTY SERVICES

Fixcontrol may process personal data together with third parties or transmit it to third parties. Fixcontrol uses the services of specialised third parties in order to carry out its activities and operations in a lasting, user-friendly, secure and reliable manner. With such services, Fixcontrol can, among other things, embed functions and content in its websites. With such embedding, the services used collect the Internet Protocol (IP) addresses of users, at least temporarily, for technically compelling reasons.
For necessary security-related, statistical and technical purposes, third parties whose services Fixcontrol uses may process data in connection with Fixcontrol's activities and operations in aggregated, anonymised or pseudonymised form. This is, for example, performance or usage data needed to offer the respective service. Fixcontrol also ensures data protection with such third parties.

5.1 Digital infrastructure

Fixcontrol uses the services of specialised third parties in order to make use of the digital infrastructure required in connection with its activities and operations. These include, for example, services for everyday business as well as hosting and storage services from selected providers:

5.2 Contact and exchange options

Fixcontrol uses the services of selected providers in order to communicate better with third parties such as potential and existing customers. Fixcontrol uses specialised services for audio and video conferences in order to hold virtual meetings, training sessions or webinars.
For participation in audio and video conferences, the legal texts of the individual services, such as privacy policies and terms of use, apply in addition. Depending on your circumstances, Fixcontrol recommends muting the microphone by default when taking part in audio or video conferences, and blurring the background or displaying a virtual background.

The services used are in particular:

5.3 Map material

Fixcontrol uses third-party services in order to embed maps in our website. These are in particular:

5.4 Digital audio and video content

Fixcontrol uses the services of specialised third parties to enable digital audio and video content, such as music or podcasts, to be played directly. These are in particular:

5.5 Other providers

Fixcontrol uses third-party services in order to embed selected fonts as well as icons, logos and symbols in its websites. Fixcontrol sends notifications and communications with the help of specialised service providers. Third-party services are also used for measuring reach. These are in particular:

5.6 Social media

Fixcontrol is present on social media platforms and other online platforms in order to communicate with interested persons and to provide information about its activities and operations. In connection with such platforms, personal data may also be processed outside Switzerland.
The general terms and conditions (GTC) and terms of use as well as the privacy policies and other provisions of the individual operators of such platforms also apply in each case. These provisions provide information in particular about the rights of data subjects directly vis-à-vis the respective platform, which include, for example, the right of access.

6 FINAL PROVISIONS

Fixcontrol created this privacy policy with the privacy policy generator from Datenschutzpartner (www.datenschutzpartner.ch) and supplemented it with its own information.

6.1 Changes to the privacy policy

Fixcontrol may amend this privacy policy on its own behalf or, by agreement, on behalf of a customer at any time without prior notice or communication. The current version published on the website applies. Fixcontrol will provide information about such amendments and additions in an appropriate manner.

Teufen, February 2024