Legal Information

Legal information

Publisher

Wincasa AG
Grüzefeldstrasse 41
8404 Winterthur, Switzerland

+41 58 455 77 77
info [SECURE E-MAIL - REWRITE MANUALLY] *at* wincasa.ch

Wincasa AG (‘Wincasa’) is the operator of the website www.wincasa.ch and the services offered on it, as well as the website www.mywincasa.ch.

Intellectual property rights and other rights

The content of the website of Wincasa AG (text, data, images, graphics, videos, press releases, etc.) is protected by copyright. Third-party copyrights remain reserved. You may download or print out individual pages and sections of this website subject to the condition that you do not remove the copyright symbol or other legally-protected names or symbols. Modifying this website is prohibited in any case. Reproducing, linking or using it for public or commercial purposes is prohibited without the prior written authorisation of Wincasa AG. Accessing, downloading or copying sites does not grant any rights (usage, intellectual property rights, etc.).

The name ‘Wincasa’ and the components of its logo are registered trademarks of Wincasa AG, Grüzefeldstrasse 41, 8404 Winterthur, Switzerland.

Disclaimer

Neither Wincasa AG nor its employees accept any liability for the correctness, completeness and currentness of the services and information contained in the website. Wincasa AG reserves the right to modify or add to the content of its website at any time. Liability for direct or indirect damage as well as consequential damage to users or third parties resulting from the use of the Internet, the website of Wincasa AG or the information thereby made available, as well as from the use of links to other websites, is in particular excluded. This exclusion of liability also includes the loss of data, its misuse by third parties and viruses.

Links to other websites

It is possible to use links on this website to access other Internet sites that are not maintained by Wincasa AG. Such external Internet addresses include information created, published, maintained or otherwise provided by natural or legal persons that are legally independent from Wincasa AG. Wincasa AG is not responsible for the content of these sites.

Privacy policy

This privacy policy details the nature, scope and purpose of the processing of personal data (‘data’) through this website and external online presences such as social media (collectively referred to as ‘online services’).

The data protection officer of the company can be contacted at the following address:

rechtsdienst [SECURE E-MAIL - REWRITE MANUALLY] *at* wincasa.ch

Legal grounds

Data is processed according to Swiss law and with consideration for the European General Data Protection Regulation (GDPR).

Terminology

‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be directly or indirectly identified, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

‘Processing’ means any operation or set of operations that is performed on personal data, whether or not by automated means. The term is broad and encompasses practically any handling of data, including the storage of data.

Types of processed data

– Inventory data (e.g. master personal data, names or addresses)
– Contact data (e.g. email address and telephone numbers).
– Usage data (e.g. visited websites, interest in content, dates and times of visits).
– Metadata and communication data (e.g. device information and IP addresses).

Categories of data subject

Visitors to the website and subscribers to the newsletter.

Purpose of processing

– To provide the website, its features and its content.
– To respond to customer enquiries and communicate with users.
– Security measures.
– Marketing and coverage measurement.

Use of cookies

This site uses cookies. Cookies are text files which are stored in or by the Internet browser on your computer, either temporarily or permanently. When you visit a website of Wincasa, a cookie can be installed or stored on your operating system or in your Internet browser. This cookie contains a distinctive character string that makes it possible to unequivocally identify the browser when it visits the website again.

The analytical cookies are used to improve the quality of our website and its content. Using the analytical cookies, we find out how the website is used and as such can continuously optimise it.

Cookies are stored on your computer and transmitted to the Wincasa website from there. Therefore, you have full control over the use of cookies. You can change the settings in your browser to deactivate or limit the transfer of cookies. Cookies that are already on your computer can be deleted at any time. This can even be done automatically. If cookies are deactivated for the Wincasa website, this might result in some of the features of the website not being fully available.

The following links contain guides on how the processing of cookies can be configured in the most commonly used browsers.

Internet Explorer

Internet Explorer Mobile

Mozilla Firefox

Google Chrome for desktop

Google Chrome for mobile

Safari for desktop

Safari for mobile

Newsletters and other services

Users of the Wincasa website can subscribe to a free newsletter. When you subscribe to the newsletter, the data you enter in the form is transmitted to Wincasa. We collect your salutation, name and email address in order to send you personalised newsletters. You are also free to provide additional data.

At regular intervals, Wincasa notifies newsletter subscribers of current offers and benefits in the world of real estate. As a rule, a data subject can only receive the newsletter if (1) the email address is valid and (2) the person has subscribed to the newsletter. For legal reasons, a confirmation email including an express declaration of consent (a double opt-in procedure) will be sent to the email address you provide when you first subscribe to the newsletter. Wincasa stores this declaration for as long as you are subscribed to the newsletter. This confirmation enables Wincasa to verify that you, the owner of the email address, have agreed to receive the newsletter. You can change your subscription or unsubscribe at any time. Every newsletter contains an unsubscribe link for this purpose.

Wincasa uses Microsoft Dynamics 365 to send newsletters. Microsoft Dynamics 365 is provided by Microsoft Ireland Operations Limited, 70 Sir John Rogerson's Quay, Dublin 2, Ireland. The newsletters contain cookies or tracking pixels as technical means of tracking. This tracking relates to the user ID of each subscriber and enables Wincasa to assess whether or not emails have been opened. Additionally, the cookie or tracking pixel makes it possible to analyse your clicking habits. The data collected in this way is sent to Microsoft servers and stored there. We use this data for statistical purposes and to optimise and personalise our newsletter.

Email contact

You can contact us at the email address provided on this website. In this case, your personal data that is transmitted along with the email will be stored. Wincasa only processes the personal data from the form for the purposes of processing the correspondence. No data is disclosed to third parties in this context. The data will be used exclusively for the purposes of the correspondence.

Collaboration with processors and third parties

We only disclose or transmit data to other persons and companies (processors or third parties) as part of our processing or provide access to the data in any other way if legally admissible (e.g. if it is necessary to transfer the data to third parties such as payment service providers in order to perform a contract), if you have provided consent, if we are legally obliged to do so or if we have a legitimate interest in doing so (e.g. if we are using contractors or hosting service providers). Any processors we engage will use your personal data exclusively to perform the contract and not for any of their own purposes.

Transfers to third countries

If we process data in a country outside of Switzerland or if this happens through our use of third-party services or the disclosure/transfer of the data to third parties, it only takes place in order to fulfil our (pre-)contractual duties or on the basis of your consent, a legal obligation or our legitimate interests. Unless we are permitted to do so by law or a contract, we only process data or have data processed in a third country if the specific requirements of Article 44 ff. GDPR have been met. This means, for example, that data are processed on the basis of special guarantees such as the officially recognised identification of a level of data protection befitting the European Union (e.g. the Privacy Shield for the USA) or with consideration for special contractual obligations (known as standard contractual clauses).

Rights of the data subject

Information

You are entitled to request confirmation of whether data is being processed and information about the data, as well as other information and a copy of the data, in accordance with Article 8 of the Data Protection Act (FADP) and Article 15 GDPR.

Where the GDPR is applicable, you can also request the provision and transmission of your personal data in a standardised format (Article 20 GDPR).

Erasure and rectification

Pursuant to the statutory provisions, you are entitled to request the erasure, rectification or restriction of the processing of personal data concerning you. You are entitled to demand the immediate erasure of data under the statutory provisions and you are entitled to demand the restriction of the processing of the data under the statutory provisions.

Pursuant to the statutory provisions, you are entitled to receive data concerning you that you have provided to us and to demand its transmission to another controller.

Furthermore, pursuant to the statutory provisions, you are entitled to lodge a complaint with a supervisory authority.

Withdrawal

Pursuant to the statutory provisions, you are entitled to withdraw consent with future effect. Pursuant to the statutory provisions, you can object to the future processing of data concerning you at any time. In particular, you can object to your data being processed for direct marketing purposes such as newsletters.

Changes and updates to the Privacy Policy

We kindly ask you to inform yourself regularly about the contents of our Privacy Policy. We will adapt the Privacy Policy as soon as this is necessary because of changes in the data processing. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.

Duration of storage and erasure of data

The data that we process will be erased or the processing restricted in accordance with the legal specifications. Unless expressly indicated otherwise in this privacy policy, the data that we store will be erased as soon as it is no longer required for the intended purpose and the erasure does not conflict with any statutory duties of storage. If the data is not erased because it is necessary for other legally admissible purposes, processing will be restricted. This means that the data will be blocked and not processed for any other purpose. This applies, for instance, to data that have to be stored in accordance with tax or commercial law.

Data security

Our website uses Transport Layer Security (SSL/TLS). You can tell when a connection is encrypted by the ‘https://’ in the address bar in your browser and by the padlock symbol in the address bar.

Appropriate security measures are in place for storing your personal data on our servers or on the servers of our processors. Appropriate technical and organisational measures are in place to protect the website against loss, destruction, manipulation, hacking, modification and dissemination by unauthorised persons. Suitable precautions have also been taken to maintain data protection within the company. We have our employees and service providers sign an undertaking to maintain confidentiality and adhere to the provisions of the data protection legislation.

Hosting

The hosting services that we utilise provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use to operate this website.

In this context, we or our hosting provider process the usage data, metadata and communication data of potential customers and visitors to this website in line with our legitimate interest in the secure, efficient provision of this website pursuant to point (f) of Article 6 (1) GDPR in conjunction with Article 28 GDPR (conclusion of a processing contract).

Collection of access data and log files

We or our hosting provider collect data concerning every visit to the server hosting this service (these are known as server log files) on the basis of our legitimate interests in the sense of point (f) of Article 6 (1) GDPR. The access data includes the name of the accessed website or file, the date and time of the visit, the quantity of data served, notification of successful retrieval, browser type and version, the operating system of the user, referring URL (the previously visited page), IP address and the querying provider.

For security reasons (e.g. in order to investigate misuse or fraud), log file information is stored for up to seven days and then erased. Data that have to be stored for longer in order to serve as evidence will not be erased until the incident in question has been resolved conclusively.

Business analyses and market research

In order to run our business economically and identify market trends and the wishes of customers and users, we analyse the data we have concerning transactions, queries, etc. In doing so, we process inventory data, communication data, usage data and metadata on the basis of point (f) of Article 6 (1) GDPR, in which regard the data subjects include customers, potential customers, business partners and visitors to and users of the website.

The analyses are carried out for the purposes of business assessments, marketing and market research. We can take the profiles of registered users with information on their purchases, for example, into account. The analyses help us improve user-friendliness and optimise our website and the cost-effectiveness of our business. The analyses are solely for our own purposes and are not disclosed to third parties, with the exception of anonymous analyses with aggregated values.

Contact

When you contact us (e.g. using the contact form, by email, by phone or via social media), your information will be processed in order to process and comply with your query pursuant to point (b) of Article 6 (1) GDPR. Your data can be stored in a customer relationship management system or in a similar query organisation system.

We delete queries as soon as they are no longer necessary. Furthermore, the statutory archiving obligations apply.

Online presences on social media

We maintain a presence on social networks and platforms in order to communicate with customers, potential customers and users who are active on them and provide them with information about our services. When you visit each network and platform, the terms of use and data processing guidelines of each operator apply.

Unless indicated otherwise in our privacy policy, we process the data of users if they communicate with us on social networks and platforms, e.g. by posting comments on our online profiles or sending us messages.

Integration of services and third-party content

In line with our legitimate interests (i.e. our interest in the analysis, optimisation and economical operation of our website in the sense of point (f) of Article 6 (1) GDPR), we use content and services from third-party providers on our website in order to integrate their content and services such as videos or fonts (‘content’).

This always requires the third-party providers of this content to see the IP addresses of users as they cannot send the content to a user’s browser without an IP address. The IP address is therefore necessary in order to display this content. We endeavour only to use content whose providers just use IP addresses to deliver the content. Furthermore, third-party providers might use tracking pixels (invisible graphics also known as web beacons) for statistical or marketing purposes. Tracking pixels make it possible to analyse information such as user traffic on the pages of this website. The pseudonymised information might also be stored in cookies on your device and contain technical information about your browser and operating system, referring URLs, dates and times of visits and other information on your use of our website, and can be combined with similar information from other sources.

Google Analytics

Wincasa has integrated the component Google Analytics (with anonymisation active) into this website. Google Analytics is a Web analytics service. Web analytics is the collection and evaluation of data relating to the usage habits of website users. For example, a Web analytics service collects data relating to the website the data subject was visiting prior to the current website (the referrer), what pages of the website were accessed or how often or for how long a page was viewed. A Web analytics service is primarily used to optimise a website and to analyse the cost-effectiveness of Internet advertising.

Google Analytics is operated by Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

Wincasa uses the tag ‘gat.anonymizeIp’ in Google Analytics. When this tag is active, the IP address of the data subject is shortened and anonymised by Google if our website is accessed from a Member State of the EU or from another signatory to the Agreement on the European Economic Area.

The purpose of Google Analytics is to analyse visits to our website. For example, Google uses the data and information it obtains in this way to evaluate the use of our website, compile online reports on website activity and provide us with other services in connection with the use of our website.

Google Analytics installs a cookie on the computer of the data subject. The installation of the cookie enables Google to analyse how our website is used. Whenever the data subject visits one of the pages of the website of the controller on which Google Analytics is active, Google Analytics has the browser on the IT system of the data subject automatically transmit data to Google for online analysis. Through this technical process, Google gains access to personal data such as the IP address of the data subject, which enables Google to track the origins of visitors and clicks and then calculate commission.

The cookie stores personal information such as the date and time of the visit, the location from which the website is being visited and the frequency of visits to our website by the data subject. Whenever the data subject visits our website, this personal data, including the IP address of the data subject, is transmitted to Google in the USA. Google stores this personal data in the USA. Under certain circumstances, Google shares this personal data with third parties.

The data subject can prevent our website from using cookies as described above by changing the settings of his or her browser and in doing so, deactivate cookies permanently. Changing browser settings in this way would also prevent Google from installing a cookie on the IT system of the data subject. Additionally, cookies that have already been installed by Google Analytics can be erased at any time through the browser or using other software.

Furthermore, the data subject can object to and prevent the collection and processing of the data generated by Google Analytics relating to the use of this website. To do so, the data subject must download and install a browser add-on from https://tools.google.com/dlpage/gaoptout. Through JavaScript, this browser add-on notifies Google that no data or information relating to the visits of websites may be transmitted to Google Analytics. Google views the installation of the browser add-on as an objection. If, at a later date, the IT system of the data subject is erased, formatted or re-installed, the data subject must re-install the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person in the sphere of control of the data subject, the browser add-on can be re-installed or re-activated.

For more information as well as the privacy policy of Google, see https://policies.google.com/privacy?hl=en and https://www.google.com/analytics/terms/us.html. For more details about Google Analytics, see https://www.google.com/intl/us/analytics/.

Google Fonts

We use the fonts (‘Google Fonts’) provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.

Google Maps

We use the maps of the service ‘Google Maps’ provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The processed data can include your IP address and location data, although such data cannot be collected without your consent (this is normally provided through the settings of your mobile device). The data can be processed in the USA. Privacy policy: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.

Google Tag Manager

Google Tag Manager is a solution with which we can manage so-called website tags via one interface (and so integrate e.g. Google Analytics and other Google marketing services in our online offering). The Tag Manager itself (which implements the tags) does not process any personal user data. With regard to the processing of users' personal data, reference is made to the following information on Google services. Terms of service: https://www.google.com/analytics/tag-manager/use-policy/

YouTube

We use the videos of the platform YouTube that is provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.

Microsoft Dynamics 365

We use Microsoft Dynamics 365 on our website and in order to send our newsletter. Microsoft Dynamics 365 is provided by Microsoft Ireland Operations Limited, 70 Sir John Rogerson's Quay, Dublin 2, Ireland. Microsoft Ireland Operations Limited is certified under the Swiss–US Privacy Shield and the EU–US Privacy Shield.

Microsoft Dynamics 365 for Marketing is used for marketing purposes and, for example, enables us to coordinate and optimise our marketing strategy by carrying out statistical analyses and evaluating the logged user habits on our website and in connection with our newsletters. We use tracking pixels and cookies – which are stored on your computer – for such purposes.

This enables us to analyse how you use our website. On behalf of Wincasa, Microsoft Dynamics 365 evaluates the collected information (e.g. your IP address, geographical location, browser type, the duration of your visit and the pages you viewed) to generate reports on your visit to our website. If you subscribe to our email newsletter and download content, Microsoft Dynamics 365 enables us to associate your visits to www.wincasa.ch and www.mywincasa.ch with you personally using your additional information (e.g. your name and email address) and provide you with targeted information relating to the themes you prefer.

If you do not want Microsoft Dynamics 365 to collect information, you can prevent the storage of cookies by changing the settings in your browser at any time.

For more information on how Microsoft Dynamics 365 works, please see the Microsoft Privacy Statement at: https://privacy.microsoft.com/en-us/privacystatement

AddThis sharing tools

Our website features the service ‘AddThis’ (1595 Spring Hill Rd, Suite 300, Vienna, VA 22182, USA) for sharing content from this website on social networks.

We have a legitimate interest in using the service, i.e. our interest in disseminating our website pursuant to point (f) of Article 6 (1) GDPR.

AddThis uses your personal information to provide the sharing features. Additionally, AddThis can use pseudonymised information about users for marketing purposes. This data is stored on your computer in cookies. Privacy policy: http://www.addthis.com/privacy, opt-out: http://www.addthis.com/privacy/opt-out.