IMPORTANT LEGAL NOTICE
Your trust and the protection of your privacy are important to us, which is why we take the issue of data protection seriously and ensure appropriate security through organizational and technical measures. We also train all our employees accordingly as a matter of course.
In this privacy policy, we, Ginesta Immobilien AG and Ginesta Immobilien und Verwaltungen AG (hereinafter referred to as Ginesta, we, or us), explain how we collect and process personal data. This is not an exhaustive description. Other privacy policies, general terms and conditions of business, rules of participation, and similar documents may govern specific matters.
The term “personal data” is understood to include all information relating to an identified or identifiable person.
Ginesta Immobilien AG, Obere Wiltisgasse 52, 8700 Küsnacht, is the operator of the website www.ginesta.ch (hereinafter referred to as the Technology) and is therefore responsible for the collection, processing, and use of your personal data.
In the event that you provide us with personal data pertaining to other persons, such as family members or colleagues, please verify that such persons are aware of this data privacy policy. Furthermore, only share their personal data if you are authorized to do so and if the personal data is accurate.
This data privacy policy is drafted in accordance with the requirements of the EU General Data Protection Regulation (GDPR), the Swiss Data Protection Act (DPA), and the revised Swiss Data Protection Act (revDPA). Whether and to what extent these laws are applicable depends on the individual case.
Please read the following data privacy policy carefully before continuing. By accessing the website www.ginesta.ch, you confirm that you agree to the terms of this data privacy policy.
Responsible Entity for Data Protection
Ginesta Immobilien AG
Data Protection Officer
Obere Wiltisgasse 52
8700 Küsnacht
datenschutz@ginesta.ch
COLLECTION AND PROCESSING OF PERSONAL DATA
We may collect core data such as company name, name, address, email, etc., personal data related to services you have received, your payment transaction data, your online preferences, and your customer feedback. We use this personal data to communicate with you, to conclude and process transactions with you, to operate the Technology, for billing, for market research, and for marketing purposes, such as for analyzing our customer base or contacting you by mail, email, or text messages.
We are entitled to collect personal data about your creditworthiness to protect ourselves against payment defaults.
For this purpose, we collect your browsing and usage data, such as IP address, information about the device, browser, and browser version you used to access the Technology, the operating system you use, the website or app from which you accessed our Technology via a link, and how you use elements of the Technology. This personal data is stored along with the IP address of your access device. It is used to display and optimize our Technology correctly, to protect against attacks or other legal violations, and to personalize the Technology for you.
When visiting our website, our servers temporarily store each access in a log file. The following user and device data as well as personal data are recorded without your intervention and stored by our host ISP Internet Service Provider:
- The IP address of the computer making the search request
- The date and time of access
- The name and URL of the retrieved file
- The website from which the access was made
- The operating system of your computer and the browser you used
- The country from which access was made and the language settings of your browser
We only disclose your personal data if you have expressly consented, in the event that there is a legal obligation to do so, or should it be necessary to enforce our rights, in particular to enforce any claims arising from the relationship between you and us. For example, to debt collection agencies, administrative authorities, or lawyers. And we only disclose your data to third parties as far as is necessary in the context of using the Technology to provide the services you requested, such as outsourcing partners, host providers, companies we collaborate with to offer services on our Technology, such as for reservations, rentals, purchases, etc., or companies that advertise on our behalf, and as required for analyzing your user behavior.
We ensure that any third party receiving your data provides the requisite contractual guarantees to ensure that the personal data will be processed in accordance with legal requirements and exclusively in our interest.
To the extent that the Technology contains links to third party websites, Ginesta Immobilien AG has no influence over the collection, processing, storage, or use of personal data by the third party after clicking on these links and assumes no responsibility.
PURPOSE OF DATA PROCESSING
Your data will be processed for the purposes of fulfilling our services.
Additional purposes include:
- For communicating with you
- For contract negotiations, business management, and for the possible drawing up of an agreement
- For the functioning of the Technology
- For marketing purposes and maintaining customer relationships
- For analyzing market developments, planning, expanding our offerings, research and development
- To ensure compliance with applicable laws, industry standards, etc.
- To conduct legal proceedings or investigations
- To provide security
- For the instruction, training and further education of our employees
- For social media campaigns, paid and non-paid
- For re-targeting purposes on external platforms
The collection and processing of this data is for the purpose of enabling the use of our website and to facilitate the connection, to provide system security and stability over the long-term, and to optimize our internet offerings, as well as for internal statistical purposes. This constitutes our legitimate interest in the processing of the data.
The IP address is used in particular to determine the country of the website visitor. Beyond that, the IP address is analyzed for statistical purposes by www.ch in the event of attacks on the network infrastructure.
Additionally, we use so-called pixels and cookies when visiting our Technology to display personalized advertising and for the use of web analytics services.
DATA COLLECTED DIRECTLY BY GINESTA
Contact Form
You have the option to use a contact form to get in touch with us.
The following personal data is mandatory and marked accordingly in the form (*):
Title / salutation
First and last name
Address consisting of street, house number, city, postal code, country
Phone number
Email address
If this information is not provided, it may hinder the provision of our services.
Providing personal data in other fields is voluntary. You can inform us at any time if you no longer want the personal data provided voluntarily to be processed (see "16. Your Rights"). Providing other information is optional and does not affect the use of our Technology.
We use this data solely to respond to your contact inquiry in the best possible way and in a personalized manner. You can inform us at any time if you no longer want the personal data provided voluntarily to be processed (see "Your Rights").
Contact by Phone
You can contact us by phone and ask questions about website functionalities, our offers, or services.
We only collect the personal data you disclose to us. You are therefore responsible for the content of your message and for determining what information you wish to share with us. We recommend not transmitting sensitive information.
In order to be in a position to respond to your inquiries, we may ask you to provide additional information, such as your address, email address, etc. We will only collect the personal data necessary to answer your questions and provide the services you requested.
Our legitimate interest in processing your telephone inquiry is in accordance with Art. 6(1)(f) GDPR.
Contact by Email
You can contact us by email and ask questions about website functionalities, our offers, or services.
We only collect the personal data you disclose to us. You are therefore responsible for the content of your message and for determining what information you wish to share with us. We recommend not transmitting sensitive information.
In order to be in a position to respond to your inquiries, we may ask you to provide additional information, such as your address, phone number, etc. We will only collect the personal data necessary to answer your questions and provide the services you requested.
Our legitimate interest in processing your email inquiry is in accordance with Art. 6(1)(f) GDPR.
Use of Chat Function
You can contact us via the chat functionality and ask questions about website functionalities, our offers, or services.
We collect the following data: name, phone number, email address, and the reason for your inquiry.
Additionally, we only collect the personal data you disclose to us. You are therefore responsible for the content of your message and for determining what information you wish to share with us. We recommend not transmitting sensitive information. To be in a position to answer your chat questions, we may ask you to provide additional information. We will only collect the personal data necessary to answer your questions and provide the services you requested.
In connection with the chat function, we work with HubSpot, 2nd Floor 30 North Wall Quay, Dublin 1, Ireland.
Our legitimate interest in processing your chat inquiry or message is in accordance with Art. 6(1)(f) GDPR.
Video Call
You can request a consultation via video call through our website.
We collect the following data: name, address, phone number, email address, and the reason for your inquiry.
Additionally, we only collect the personal data you disclose during the consultation. You are therefore responsible for the content of your inquiries and for determining what information you wish to share. We recommend not disclosing sensitive information.
During the consultation, we may ask you to provide additional information. We will only collect the personal data necessary to answer your inquiry and provide the services you requested.
In connection with the video call consultation, we work with a tool from Microsoft Ireland Operations Limited, 70 Sir John Rogerson's Quay, Dublin 2, Ireland. The video call data is stored on servers in the Netherlands.
Our legitimate interest in conducting a customer-friendly video call consultation is in accordance with Art. 6(1)(f) GDPR.
Appointment Scheduling
On our website, you can schedule an appointment for a viewing.
We collect the following mandatory data: name, email address, phone number, and the property you wish to view.
Our legitimate interest in processing your appointment request is in accordance with Art. 6(1)(f) GDPR.
The service provided by timum is a scheduling service for coordinating appointments between providers and customers of services or providers and interested parties of real estate or financing, which chiefly involves arranging appointments and contacts between providers and customers or interested parties.
This is mainly done by sharing specific appointment and contact information that allows users to get in touch directly with one another, to start negotiations, and to schedule appointments or place orders.
https://info.timum.ch/datenschutz/
Real Estate Search Profile
Through our website, you can create a real estate search profile for yourself and others.
From the input mask used for creating a search profile you can derive what personal data is transmitted. This data is used exclusively to inform you about suitable real estate offers.
We may inform you about real estate matches via email, chat, or phone. To better understand your needs, we may ask you to update the personal data in your search profile at regular intervals. You can delete your search profile at any time.
Newsletter Subscription
You can subscribe to our newsletter on our website. This requires registration through a double opt-in process.
Providing your email address is mandatory during registration. Optionally, you can provide us with your title / salutation and name so that we can address you personally with our offers.
By registering, you consent to the processing of the provided data for the regular sending of the newsletter to the address you specified and for the statistical evaluation of usage behavior as well as optimization of the newsletter.
We retain the right to engage third parties for the technical implementation of advertising measures and to share your data for this purpose. At the end of each newsletter, there is a link to unsubscribe at any time. After unsubscribing, your personal data will be deleted.
We expressly draw attention to the data analysis in connection with the newsletter dispatch. See the section below "Analysis of Newsletter Usage."
Newsletter Service Provider Brevo
The newsletter is sent via the newsletter service provider Brevo – a newsletter dispatch platform of the German provider Brevo / Sendinblue GmbH, Köpenicker Straße 126, 10179 Berlin, Germany. You can view the data privacy policy of the service provider here.
Brevo / Sendinblue GmbH is certified under the Privacy Shield Agreement, thereby guaranteeing that it complies with Privacy Shield European data protection levels.
The use of the service provider is based on our legitimate interests according to Art. 6(1)(f) GDPR and a data processing agreement according to Art. 28(3) S. 1 GDPR.
The service provider may use the data of recipients in pseudonymous form, i.e. without user assignment, to optimize or improve their services, such as technical optimization of the dispatch and presentation of newsletters or for statistical purposes. However, the service provider does not use the data of our newsletter recipients to contact them themselves or to pass them on to third parties.
Newsletter Dispatch via WhatsApp
You can also receive our free newsletter via the instant messaging service WhatsApp.
WhatsApp is a service of WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, a subsidiary of WhatsApp Inc., located at 1601 Willow Road, Menlo Park, California 94025, USA, both hereinafter referred to as "WhatsApp."
Partial processing of user data takes place on WhatsApp servers in the USA. However, WhatsApp guarantees compliance with EU data protection requirements, even for data processed in the USA, through certification under the EU-US Privacy Shield. WhatsApp provides further information on data protection.
To receive our newsletter via WhatsApp, you need a WhatsApp user account. What data WhatsApp collects during registration can be found in WhatsApp's data privacy notices.
If you then register to receive our newsletter via WhatsApp, the phone number you provided during registration will be processed by WhatsApp. Additionally, your IP address, as well as the date and time of your registration, will be stored. During the ensuing registration process, your consent to receive the newsletter will be obtained, the content described in detail, and reference made to this data privacy policy.
The legal basis for sending the newsletter and for the data analysis is Art. 6(1)(a) GDPR.
According to Art. 7(3) GDPR, you can revoke your consent to the newsletter at any time with effect for the future. To do so, you only need to inform us of your revocation. You can also block the receipt of the newsletter by setting it in the WhatsApp software on your device.
HubSpot
Our website uses HubSpot, a marketing automation software belonging to HubSpot, 2nd Floor 30 North Wall Quay, Dublin 1, Ireland. HubSpot is a US-based software company with a European subsidiary in Ireland. HubSpot helps us analyze the use of our portal. HubSpot uses cookies for this purpose.
Certain usage data is linked to your person after following submission of a registration form and stored in our CRM. This allows us to provide you with information and offers tailored to your interests.
Your personal data may also be transferred to HubSpot servers in the United States (USA). An appropriate level of protection is ensured by HubSpot, Inc.'s participation in the EU-US Privacy Shield Agreement, adherence to which is certified.
As we use HubSpot to provide you with tailored information and offers, we have a legitimate interest in this processing under Art. 6(1)(f) GDPR. The legal basis for the processing of your personal data by us in connection with the use of HubSpot is Art. 6(1)(f) GDPR. We store your personal data as long as is necessary to provide you with tailored information and offers.
Providing the personal data collected through HubSpot is not legally or contractually required or necessary for the conclusion of a contract. If you do not provide this data, we may not be able to provide you with tailored information and offers.
For more information about HubSpot's data usage, see HubSpot's data privacy policy under https://legal.HubSpot.com/privacy-policy
You can object to the use of your data at any time by sending an email to the email address provided in this data privacy policy.
HubSpot is certified under the "EU-U.S. Privacy Shield Framework" and subject to the TRUSTe Data Privacy Seal and the U.S.-Swiss Safe Harbor Framework.
COOKIES, TRACKING, AND OTHER TECHNOLOGIES IN CONNECTION WITH THE USE OF OUR WEBSITE
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:
- Browser type and version
- Operating system used
- Referrer URL
- Host name of the accessing computer
- Time of the server request
This data cannot be attributed to specific individuals. This data is not merged with other data sources. We reserve the right to check this data retrospectively should we become aware of concrete indications of unlawful use.
Cookies
This website uses cookies.
Cookies are small text files that allow specific, user-related information to be stored on the user's device while using the website. Cookies make it possible, in particular, to determine the frequency of use and the number of users of the pages to analyze the behavior patterns of page usage, and to make our offerings more user-friendly. Cookies remain stored beyond the end of a browser session and can be retrieved when revisiting the page. If you do not wish this, you should set your internet browser to refuse the acceptance of cookies. Please note that not all functions of this online offering can be used in this case.
Background to a general objection to the use of cookies for online marketing purposes for many of the services, especially in tracking, is set out under the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com.
SSL/TLS Encryption
This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content, such as inquiries you send to us.
You can recognize an encrypted connection by the address line of the browser changing from "http://" to "https://" and by the lock symbol in your browser line.
When SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
Tracking Tools
We use so-called tracking tools on our website. These tracking tools observe your surfing behavior on our website. This observation is for the purpose of needs-based design and continuous optimization of our website.
In this context, pseudonymized usage profiles are created, and small text files - so-called cookies - are stored on your computer.
Third party contractors may also use permanent cookies, pixel tags, or similar technologies. The third party contractor does not receive personal data from us, but they can track your use of our website, combine this information with data from other websites you have visited and that are also tracked by the third party contractor, and utilize this information for their own purposes, such as for steering advertising. The processing of your personal data by the third party contractor is carried out under the responsibility of the service provider according to their data privacy policy.
The following tracking tools are used:
HubSpot Analytics
This website uses HubSpot Analytics owned by HubSpot, 2nd Floor 30 North Wall Quay, Dublin 1, Ireland. HubSpot is a software company from the USA with a European subsidiary in Ireland.
HubSpot Analytics uses so-called cookies, text files stored on your computer, which allow an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a HubSpot server in the USA and stored there. However, due to the activation of IP anonymization on these websites, your IP address is shortened by HubSpot within member states of the European Union or in other states that are signatories to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a HubSpot server in the USA and shortened there.
On behalf of the operator of this website, HubSpot will use this information to analyze your use of the website, to compile reports on website activity, and to provide other services related to website and internet use to the website operator. The IP address transmitted by your browser as part of HubSpot Analytics will not be merged with other HubSpot data. The purposes of the data processing are the evaluation of the use of the website and the compilation of reports on activities on the website. Based on the use of the website and the internet, further related services can then be provided.
Google Analytics
This website uses Google Analytics, a web analytics service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA (hereinafter "Google").
Google Analytics uses so-called cookies, text files stored on your computer, which allow an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, due to the activation of IP anonymization on these websites, your IP address is shortened by Google within member states of the European Union or in other states that are signatories to the Agreement on the European Economic Area. 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 analyze your use of the website, to compile reports on website activity, and to provide other services related to website and internet use to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
The purposes of the data processing are the evaluation of the use of the website and the compilation of reports on activities on the website. Based on the use of the website and the internet, further related services can then be provided.
Terms of Use for Google Analytics
Google Maps
We use Google Maps on this website. Google Maps is operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter "Google").
This allows us to display interactive maps directly on the website and enables you to use the map function with ease.
Data privacy policy for Google Maps
Google reCAPTCHA
Our website uses Google reCAPTCHA owned by Google LLC.
Google reCAPTCHA is a security query tool for detecting and distinguishing data entry by humans or computer programs and is used to avoid sending unwanted information.
Google reCAPTCHA analyzes the behavior of the user of our website based on various characteristics. This analysis begins automatically as soon as the user enters our website. When entering data, the user is then prompted to answer a security question.
Google reCAPTCHA assesses various information such as IP address, the duration of the user's stay on the website, or the user's mouse movements. The data collected during the analysis is transmitted to Google LLC.
Google LLC's privacy policies provide information about the collection, processing, and use of personal data:
Data privacy policy for Google Maps
Google Tag Manager
Google Tag Manager is a solution that allows us to manage website tags through an interface, for example, integrating Google Analytics and other Google marketing services into our online offering.
The Tag Manager itself, which implements the tags, does not process any personal data of users. Regarding the processing of users' personal data, we refer to the following usage policies for Google services: https://www.google.com/intl/de/tagmanager/use-policy.html.
Hotjar
Hotjar is an analysis and feedback service that analyzes the behavior and feedback of users on our website.
The web analysis service is used for the statistical evaluation of user data, such as the website from which a user came, which subpages were accessed, or how often and for how long a page was viewed. This allows us to improve our website. The web feedback service allows the gathering of feedback on the website from the user. To record and collect this information, Hotjar uses tracking codes and cookies.
You can prevent the setting of cookies by our website at any time by adjusting your internet browser settings accordingly. You can also disable Hotjar for your internet browser at any time via the following link: Hotjar Data Privacy Policy
Use of the Script Library Google Web Fonts
To display our content correctly and make it graphically appealing across browsers, we use "Google Web Fonts" owned by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter "Google").
The data privacy policy for Google’s script library can be found here: https://www.google.com/policies/privacy/
Social Media Plug-Ins
We use plug-ins from social networks such as Facebook, Twitter, YouTube, Pinterest, or Instagram on our website.
This is typically recognizable by corresponding symbols. We have configured these elements so that they are deactivated by default. When activated by clicking, the operators of the respective social networks can register that you are on our website and can use this information for their purposes.
The processing of your personal data is then the responsibility of the operator according to their privacy policy. We do not receive any information about you from them.
This website uses functions owned by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA.
When you access our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers, at which point data is already being transmitted to Facebook. If you have a Facebook account, this data can be linked to it.
If you do not want this data to be linked to your Facebook account, please log out of Facebook before visiting our page. Interactions, especially the use of a comment function or clicking a "Like" or "Share" button, are also transmitted to Facebook.
More information can be found at https://de-de.facebook.com/about/privacy.
Our website includes functions of the Instagram service. These functions are provided by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA.
If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking the Instagram button. This allows Instagram to associate the visit to our pages with your user account. We point out that as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Instagram.
More information can be found in Instagram's data privacy policy: http://instagram.com/about/legal/privacy/
Within our online offering we use the marketing services of the social network LinkedIn provided by LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland (hereinafter "LinkedIn").
These services use cookies, text files stored on your computer, allowing us to analyze your use of the website. This way, we can, for example, measure the success of our advertising and display products to users that they have previously shown interest in.
For example, information about the operating system, the browser, the previously visited website – the so-called referrer URL –, the visited web pages, the offers clicked on, and the date and time of your visit to our website is collected.
The information generated by a cookie about your use of this website is transferred to a LinkedIn server in the USA and stored there in a pseudonymous form. LinkedIn, therefore, does not store the name or email address of the respective user. Instead, the aforementioned data is only assigned to the person for whom the cookie was generated. This does not apply if the user has allowed LinkedIn to process the data without pseudonymization or has a LinkedIn account.
You can reject the use of cookies by adjusting your browser settings accordingly. However, please note that you may not be able to use all functions of this website. You can also object to the use of your data directly on LinkedIn: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.
We use LinkedIn Analytics to analyze the use of our website and to improve it regularly. The obtained statistics allow us to improve our offering and make it more interesting for you as a user. All LinkedIn companies have adopted the standard contractual clauses to ensure that data traffic to the USA and Singapore, required for the development, implementation, and maintenance of the services, is conducted legally. If we ask users for consent, the legal basis for processing is Art. 6(1)(a) GDPR. Otherwise, the legal basis for using LinkedIn Analytics is Art. 6(1)(f) GDPR.
The LinkedIn Terms of Service and Data Privacy Policy can be found here: LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland.
Analysis of Newsletter Usage
We use third party email marketing services to send our newsletter.
Our newsletter may therefore contain a web beacon - a tracking pixel - or similar technical tools. A web beacon is a 1x1 pixel-sized invisible graphic associated with the user ID of the respective newsletter subscriber. This pixel is only activated when you display the images in the newsletter.
Using these services allows us to determine whether the emails with our newsletter were opened. In addition, the click behavior of the newsletter recipients can be recorded and analyzed. We use this data for statistical purposes and to optimize the newsletter's content and structure. This allows us to better tailor the information and offers in our newsletter to the interests of our readers.
The tracking pixel is deleted when you delete the newsletter. To prevent tracking pixels in our newsletter, please set your email program to not display HTML in messages.
Automated Decision Making, Profiling
We process your personal data automatically to some extent with the aim of evaluating certain personal aspects.
In particular, we use profiling to enable us to provide you with targeted information and advice about products. To do so, we use evaluation tools to enable needs-based communication and advertising, including market research and surveys.
We generally do not use fully automated decision-making as regulated in Art. 22 GDPR to establish and conduct the business relationship. In the event that we should use such procedures in individual instances, we will inform you separately to clarify the associated rights if required to do so by law.
Embedded Content from Other Websites
The website www.ginesta.ch contains links to third party websites that may be of interest to you.
Activating such links may cause you to leave our website or display excerpts from third party websites within the environment of our website. We have no control over third party websites and are neither responsible nor liable for their content or functionality. This applies regardless of whether you activate a link on our website, whether the display occurs within the environment of our website, or if the information provider of an external website is not readily apparent. Establishing such a connection or consulting third party websites is solely at the user's own risk.
These websites may collect data about you, use cookies, embed additional third party tracking services, and record your interaction with this embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Embedded YouTube Videos
We embed YouTube videos on some of our web pages. The operator of the corresponding plugins is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA (hereinafter "YouTube").
When you visit a page with the YouTube plugin, a connection to YouTube's servers is established. At the same time, YouTube is informed which pages you visit. If you are logged into your YouTube account, YouTube can assign your surfing behavior to you personally. You can prevent this by logging out of your YouTube account.
When a YouTube video is started, the provider uses cookies that collect information about user behavior.
Free Online Valuations
Users can carry out a non-binding, brief evaluation of their property with a few clicks on our website.
The entered data will be transmitted to Wüest Appraisal for the compilation of the short valuation. Wüest Appraisal stores and processes the data. Additionally, the data will be transmitted to us. By using this service, you agree to the collection and processing, and also permit Ginesta Immobilien AG to contact you.
The data will be deleted as soon as it is no longer used for the purpose for which it was collected, or the user exercises their right to delete it. Wüest Appraisal also utilizes user data for market research and surveys. Wüest Appraisal only uses data in anonymized form and for statistical purposes. Their data privacy policy can be found here: https://www.wuestpartner.com/ch-de/rechtliches/datenschutzerklaerung/
OFFERS ARE NOT LEGALLY BINDING
Our Technology serves as an information platform. There are no legal rights attached to the offers. If you are interested in the real estate and services we offer, please contact the appointed person within Ginesta.
COPYRIGHT AND TRADEMARK RIGHTS
The entire content of our website is protected by copyright. All rights belong to Ginesta or third parties. The elements on the website www.ginesta.ch are freely accessible for browsing purposes only.
Reproducing material or parts thereof in any written or electronic form is only permitted with express mention of www.ginesta.ch.
Reproducing, transmitting, modifying, linking, or using our website for public or commercial purposes is prohibited without prior written consent from us. Please contact verkauf@ginesta.ch.
The various names and logos on our website are usually registered, protected trademarks. No part of the www.ginesta.ch website is designed to grant a license or right to use an image, registered trademark, or logo. Downloading or copying our website or parts thereof does not confer any rights whatsoever in respect of software or individual elements.
We reserve all rights to all individual elements or components on all our websites, except for those rights belonging to third parties.
NO WARRANTY
Although we have taken every possible care and do so with every update to ensure the reliability of the information contained on our website at the time of publication, neither we nor our contracting partners can give explicit or implied assurances or warranties, also in respect of third parties, regarding the accuracy, reliability, or completeness of the information.
Opinions and other information on our website can be changed at any time without notice.
We assume no responsibility and give no warranty that the functions on our website will not be interrupted or that the website or the respective server is free of viruses or other harmful components.
LIMITATION OF LIABILITY
In instances where there is a contractual relationship between us and the user of our website or any other of our services, we are only liable for damages caused by gross negligence or intent. We exclude any liability for damage caused by an auxiliary person.
We are not liable for lost profits, data loss, or other direct, indirect, or consequential damages resulting from accessing or using elements of our website, from the impossibility of accessing or using them or linking to other websites, or as a result of technical disturbances.
GENERAL PROVISIONS
All personal data collected during registration and generated during use and which is protected by the DPA and GDPR will only be used for the purpose of fulfilling the contract unless, with particular regard to this data privacy policy, you have given your express consent for further use beyond this or the applicable law permits it.
Our employees are under an obligation to treat personal data confidentially.
USE OF YOUR DATA FOR ADVERTISING PURPOSES
Creating Pseudonymized Usage Profiles
To enable personalized marketing on social networks, we use so-called remarketing pixels on the Technology.
If you have an account with a social network involved in this process and are logged in at the time of the page visit, this pixel will link the page visit to your account. You can make further settings pertaining to advertisements in your user profile in the respective social networks.
We use re-targeting technologies. Your user behavior on our Technology is analyzed so that we can subsequently offer you individually tailored advertising on partner websites as well. Your user behavior is recorded pseudonymously. Most re-targeting technologies work with cookies. You can prevent re-targeting at any time by rejecting or deactivating the relevant cookies in your browser's menu bar. Furthermore, you can apply for an opt-out for the above-mentioned additional advertising and re-targeting tools via the Digital Advertising Alliance website at optout.aboutads.info.
The following remarketing pixel is used by our Technology:
Google Tag Manager
We use the Google Tag Manager to manage services for usage-based advertising.
The Tag Manager tool itself is a cookie-free domain and does not collect any personal data. Instead, the tool triggers the activation of other tags that may, in turn, collect data.
If you have deactivated cookies or tracking at the domain or cookie level, this deactivation remains in place for all tracking tags implemented with Google Tag Manager.
The legal basis for data processing for this purpose lies in our legitimate interest according to Art. 6(1)(f) GDPR in optimizing and personalizing our online offer and our advertising communications.
TRANSFER OF PERSONAL DATA ABROAD
Ginesta Immobilien AG is entitled to transfer your personal data to third party companies, such as contracted service providers abroad, insofar as this is necessary for the data processing described in this data privacy policy.
These companies are required to protect your data to the same extent as we are. If the data protection level in a country does not correspond to Swiss and European standards, we contractually ensure that your personal data is protected in line with Swiss and EU requirements at all times.
For the sake of completeness in respect of users who are resident or have a seat in Switzerland, we would point out that US authorities conduct surveillance measures that generally enable the storage of all personal data of all persons whose data was transferred from Switzerland to the USA. This occurs without differentiation, limitation, or exception based on the intended aim and in the absence of an objective criterion that allows US authorities' access to the data and its later use to be limited to specific, strictly defined purposes that could justify the associated intervention to the data or to its use. Additionally, we point out that in the USA, no legal remedies are available to affected persons from Switzerland to access the data concerning them and to bring about its correction or deletion, nor is there effective judicial protection against general access rights on the part of US authorities. We explicitly inform the affected persons of these legal and factual circumstances to facilitate an informed decision in the consent to the use of their data.
For users with residence in an EU member state, we point out that the USA does not have a sufficient data protection level from the European Union's perspective – among other things due to the above-mentioned issues. To the extent that we have explained in this data privacy policy that recipients of data, such as Google, Facebook, or Twitter, have their headquarters in the USA, we will either ensure by means of contractual arrangements with these companies or by their certification under the EU-US Privacy Shield that your data is adequately protected with our partners.
Your data may be disclosed to EEA countries for processing and storage and, in exceptional cases, to any country in the world. For our part, we take care to ensure that the respective country has adequate data protection.
Should the transfer, processing, and storage of your data occur in a country without adequate data protection, this is based on contractual guarantees registered with the Federal Data Protection and Information Commissioner (FDPIC) - https://www.edoeb.admin.ch/edoeb/en/home.html. Standard contractual clauses created or recognized by the FDPIC are used, which eliminates the obligation to submit reports.
Data may also be disclosed abroad if required for the execution of a contract or to conduct legal proceedings, or if the information is already publicly available.
DATA PROCESSORS
We disclose your data to companies commissioned by us for the operation and processing of the services to the extent that is necessary. For example, our host provider or service providers such as Google with Google Analytics, which we use for online marketing as well as analytics services.
The respective service providers are bound to our data protection standards by a service contract or authorized to process personal data under standard contractual clauses recognized by the FDPIC.
DATA SECURITY
We use appropriate technical and organizational security measures to protect your personal data stored by us against manipulation, partial or complete loss, and unauthorized access by third parties.
Our security measures are continuously improved in line with technological developments. You should always treat your information confidentially and close the browser window when you have finished communicating with us, especially if you share the computer with others.
We take internal company data protection very seriously: our employees and service providers are under an obligation to maintain confidentiality and to comply with data protection regulations.
LEGAL BASES OF PROCESSING
The legal bases for the processing of personal data by us usually reside in Article 13 Paragraph 2 Letter a DPA (processing in direct connection with the conclusion or drawing up of a contract; corresponds to Article 6 Paragraph 1 Letter b GDPR) and Article 13 Paragraph 1 DPA (consent from of the party concerned or obligation to process the data by law; corresponds to Article 6 Paragraph 1 Letter a GDPR).
In those cases where we refuse to conclude contracts with affected persons going forward due to misuse, payment default, or similar legitimate reasons, we reserve the right to store the surname, first name, address, and email address of the affected person together with the data relating to the circumstances of the respective case based on Article 13 Paragraph 1 DPA (corresponds to Article 6 Paragraph 1 Letter f GDPR) to protect our own interests.
Processing of your personal data by other affiliated companies of the group can also occur based on Art. 13 Paragraph 1 DPA (corresponds to Article 6 Paragraph 1 Letter f GDPR).
YOUR RIGHTS
Within the framework of the data protection law applicable to you and to the extent therein envisaged – such as under the terms of the GDPR, for instance – you have the right to information on, correction of, deletion, and restriction of the data processed.
Upon request, we will provide any concerned party who is the subject of data with information on whether and what personal data about them is being processed under the premise of 'right to confirmation, right to information.'
Following your request, we will:
- Partially or completely refrain from processing personal data (right to withdraw your consent to the processing of non-essential personal data, right to be forgotten). We will also inform third parties to whom we have previously disclosed your personal data of your request for deletion.
- Correct the relevant personal data (right to correction)
- Restrict the processing of the relevant personal data (right to restriction of processing). In this case, we will only store your personal data or use it to protect our legal entitlements or to protect the rights of another person.
- Provide you with the relevant personal data in a structured, commonly used, and machine-readable format (right to data portability).
To submit such a request for the purposes of exercising a right described in this section, for example if you no longer wish to receive email newsletters from us or want to delete your account, please use the appropriate function on our website or contact our data protection officer or an employee as given in the contact details at the beginning of this data privacy policy.
If we do not comply with a request, we will inform you of the reasons. We may have a legally valid reason to refuse deletion if your personal data is still needed for the original purposes – for example, if you still receive a service from us, if processing is based on a mandatory legal basis, such as for legal accounting requirements, or if we have a prevailing own interest, such as in the case of a legal dispute with the affected person. If we establish a claim to a prevailing interest in processing personal data, you still have the right to object to processing, provided that your specific situation justifies a different balance of interests compared with other persons involved (right to object). This could be the case, for example, if you are a public figure or if the processing entails the risk that you may be harmed by third parties. If you are not satisfied with our response to your request, you have the right to lodge a complaint with a competent supervisory authority, such as in your country of residence or at the seat of Ginesta Immobilien AG (right to complain).
DATA RETENTION
We process personal data only as long as necessary for the designated purpose or as required by law. If you have set up an account with us, we will retain the associated master data indefinitely.
However, you can request the deletion of your account at any time (see "16. Your Rights"). We will delete the master data unless we are legally required to retain it. For a commission without an account, your master data will be deleted after the warranty period or the conclusion of the service, as long as we are not legally required to retain it. This deletion can be immediate or in the course of periodic deletion runs.
Contractual data, which may include personal data, will be retained until the end of the statutory retention period of ten years. Retention obligations arise, among other things, from accounting ordinances and tax regulations, as well as the obligation to retain electronic communications. If we no longer need this data to perform the services for you, the data will be blocked. This means the data may only continue to be used for accounting and tax purposes.
Should we refuse further business relations with an affected person due to misuse, payment defaults, or other legitimate reasons, we retain the relevant personal data for five years, or ten years in the event of recurrence.
POSSIBILITY TO OPT-OUT / OPT-IN
If you do not agree to have your usage data analyzed by us, you can turn it off.
The tracking is turned off by placing a so-called "opt-out cookie" on your system. If you delete all your cookies at some point, please note that the opt-out cookie will be lost and may need to be renewed.
Please note that the following list is a compilation of opt-out options, including trackers used by our partners, which may not necessarily be used on the website:
- Browser Add-on to disable Google Analytics.
- Disable the DoubleClick cookie
- Disable Quandcast targeting
- Disable AddThis targeting
- Opt-out for IntelliAd targeting
- Opt-out for Bookatable
A good way to configure many cookies is through youronlinechoices.com or optout.aboutads.info. Alternatively, you can install the browser extension Ghostery, available for every popular browser.
APPLICABLE LAW AND JURISDICTION
This data privacy policy and the contracts concluded based on or in connection with this data privacy policy are subject to Swiss law unless the law of another state is mandatorily applicable.
The privacy policy and the contracts concluded based on or in connection with this data privacy policy are subject to Swiss law barring any conflict of legislative norms.
The place of jurisdiction is the seat of Ginesta Immobilien AG, unless an alternative place of jurisdiction is specified as mandatory.
FINAL PROVISIONS
If parts of this data privacy policy prove ineffective, the overall validity of the data privacy policy remains unaffected.
We may adapt this privacy policy at any time without prior notice. The current version published on our website applies.
If the privacy policy forms part of an agreement with you, we will inform you of any updates via email or other suitable means.
Valid from 1 September 2023
