Please read the following privacy policy carefully before proceeding. Persons who log on to the website www.ginesta.ch declare that they agree to the following conditions.
Ginesta Immobilien AG, Obere Wiltisgasse 52, 8700 Küsnacht (hereinafter also referred to as "we") is the operator of the website www.ginesta.ch (hereinafter referred to as "technology") and is therefore responsible for the collection, processing and use of your personal data.
Your trust is important to us, which is why we take the issue of data protection seriously and take organisational and technical measures to ensure appropriate security. We also train our employees.
If we commission third parties to process personal data, the third party is carefully selected and must take appropriate security measures to guarantee the confidentiality and security of your personal data.
Responsible party for data protection:
Ginesta Immobilien AG
Obere Wiltisgasse 52
8700 Küsnacht
verkauf@ginesta.ch
NO OFFER
ginesta.ch serves the purpose of providing information: there is no legal claim to offers. If you are interested in properties and services offered on ginesta.ch, please contact the responsible marketing person at Ginesta Immobilien AG.
COPYRIGHT AND TRADEMARK RIGHTS
The entire content of the website www.ginesta.ch is protected by copyright. All rights belong to Ginesta Immobilien AG or third parties. The elements on the www.ginesta.ch website are freely accessible for browsing purposes only. Duplication of this material, or parts thereof, in any written or electronic form is permitted only with a specific mention of www.ginesta.ch. Reproduction, transfer, modification, linking or use of the www.ginesta.ch website for public or commercial purposes is prohibited without our prior written consent. Please contact verkauf@ginesta.ch. The various names and logos appearing on the www.ginesta.ch website are generally registered and protected trademarks. No part of the www.ginesta.ch is designed in such a way as to grant a licence or right to utilise a picture, registered trademark or logo. Downloading or copying the www.ginesta.ch website or parts thereof, confers no rights whatsoever in respect of the software or elements of the www.ginesta.ch website. We reserve all rights in respect of all elements of the www.ginesta-international.com website with the exception of rights belonging to third parties.
NO WARRANTY
Although we have taken all reasonable care to ensure the reliability of the information contained on the www.ginesta.ch website at the time of its publication, neither we nor our contractual partners can give any explicit or implicit assurance or warranty (including to third parties) with regard to the accuracy, reliability or completeness of the information contained on www.ginesta.ch. Opinions and other information on the www.ginesta.ch website are subject to change without notice. We take no responsibility and give no warranty that the functions on the website www.ginesta.ch will not be interrupted or that the website or the respective server is free from viruses or other harmful components.
LIMITATION OF LIABILITY
If a contractual relationship exists between us and the user of the website www.ginesta.ch or any other of our services, we shall only be liable for damage caused by gross negligence or wilful misconduct. We exclude any liability for damage caused by an auxiliary person. We shall not be liable for any loss of profit, loss of data or any other direct, indirect or consequential loss or damage arising out of access to, use of or inability to use any elements of the www.ginesta.ch website or any links to other websites or technical faults.
LINKS TO OTHER WEBSITES
The www.ginesta.ch website contains links to third-party websites that may be of interest to you. When activating such links, you may leave the www.ginesta.ch website or extracts from third-party websites may be displayed within the vicinity of the www.ginesta.ch website. Ginesta Immobilien AG has not carried out any checks whatsoever on the websites of third parties accessible via links on the www.ginesta.ch website and is in no way responsible for their content or effective operation. This applies irrespective of whether, when activating a link, you leave the www.ginesta.ch website or the display takes place within the environment of the website and also if, in the latter case, the information provider of a third-party website is not readily apparent. The establishment of this link or the consultation of third party websites is exclusively at the risk and peril of the user.
GENERAL
All personal data collected in the course of registration or created during use and protected by the Data Protection Act and the Data Protection Ordinance will be used exclusively for the purpose of fulfilling the contract, unless, in particular in accordance with this data protection declaration, your express consent has been given to any further use or the applicable law permits such use.
Our employees are obliged to treat personal data confidentially.
SCOPE AND PURPOSE OF THE COLLECTION, PROCESSING AND USE OF PERSONAL DATA
What personal data we collect
We may collect master data from you (company name, name, address, e-mail, etc.), personal data about the services you have purchased, your payment transaction data, your online preferences and your customer feedback. We use this personal data to communicate with you, to enter into and process business with you, to operate the technology, for billing, market research and marketing, such as to analyse our customer base or to contact you by post, email or text messages.
We may collect personal data about your creditworthiness to protect us from non-payment.
Next, your browsing and usage data will be collected. This includes, for example, your IP address, the device, browser and browser version you used to visit the technology and when, the operating system you use, the website or app from which you accessed our technology via a link and which elements of the technology you use and how. This personal data is stored together with the IP address of your access device. They are used to display and optimise our technology correctly, to protect against attacks or other legal infringements and to personalise the technology for you.
When visiting www.ginesta.ch
When you visit our website, our servers temporarily save each access in a log file. The following user and device data as well as personal data are collected without your intervention and stored by our hoster (ISP - Internet Service Provider):
the IP address of the requesting computer
the date and time of access
the name and URL of the file accessed
the website from which the access was made
the operating system of your computer and the browser you are using
the country from which you accessed the website and the language settings of your browser.
The collection and processing of this data is carried out for the purpose of enabling the use of our website (connection establishment), to guarantee system security and stability on a permanent basis and to enable the optimisation of our internet offer as well as for internal statistical purposes. This is our legitimate interest in data processing. The IP address is used in particular to record the country of residence of the website visitor. Furthermore, the IP address is evaluated for statistical purposes in the event of attacks on the www.ch network infrastructure. In addition, we use so-called pixels and cookies to display personalised advertising and to use web analysis services when you visit our technology.
When using our contact forms
You have the option of using a contact form to get in touch with us. The entry of the following personal data is mandatory:
Salutation
First and last name
Address (street, house number, city, postcode)
Telephone number
E-mail address
We will mark (*) the mandatory entries. Failure to provide this information may hinder the provision of our services. The provision of personal data in other fields is voluntary. You can inform us at any time that you no longer wish these voluntarily provided personal data to be processed (see heading "Your rights"). The provision of other information is optional and has no influence on the use of our technology.
We only use this data to be able to answer your contact request in the best possible and personalised way. You can inform us at any time that you no longer wish us to process this voluntarily provided personal data (see heading "Your rights").
When registering for our newsletter
On our website, you have the option of subscribing to our newsletter. Registration is required for this. The following data must be provided as part of the registration process:
E-mail address
The e-mail address is mandatory for sending the newsletter. You can voluntarily leave us your details regarding title and name so that we can address you personally with our offer.
By registering, you give us your consent to process the data provided for the regular dispatch of the newsletter to the address you have provided and for the statistical evaluation of user behaviour and the optimisation of the newsletter. We are entitled to commission third parties with the technical processing of advertising measures and are entitled to pass on your data for this purpose. At the end of each newsletter you will find a link that allows you to unsubscribe from the newsletter at any time. After unsubscribing, your personal data will be deleted. We expressly draw your attention to the data analyses carried out in the course of sending the newsletter (see section below on "Evaluation of newsletter use").
USE OF YOUR DATA FOR ADVERTISING PURPOSES
Creation of pseudonymised usage profiles
In order to enable personalised marketing in social networks, we use so-called remarketing pixels on the technology. If you have an account with a social network included via this and are logged in there at the time of the page visit, this pixel links the page visit with your account. You can make further settings for advertising in the respective social networks in your user profile. We use re-targeting technologies. This involves analysing your user behaviour on our technology in order to be able to subsequently offer you individually tailored advertising on partner websites. Your user behaviour is recorded pseudonymously. Most re-targeting technologies work with cookies. You can prevent re-targeting at any time by rejecting or switching off the relevant cookies in the menu bar of your web browser. In addition, you can apply for an opt-out for the aforementioned other advertising and re-targeting tools via the website of the Digital Advertising Alliance at optout.aboutads.info. The following remarketing pixels are used on our technology:
Google Tag Manager
We also use the Google Tag Manager to manage the services for usage-based advertising. The Tag Manager tool itself is a cookie-less domain and does not collect any personal data. Rather, the tool triggers other tags, which in turn may collect data (see above). If you have deactivated a tag at the domain or cookie level, this will remain in place for all tracking tags implemented with Google Tag Manager.
DISCLOSURE OF DATA TO THIRD PARTIES
We pass on your personal data if you have expressly consented to this, if there is a legal obligation to do so or if this is necessary to enforce our rights, in particular to enforce claims arising from the relationship between you and Ginesta Immobilien AG (e.g. collection agencies, authorities or lawyers). We pass on your data to third parties where this is necessary in the context of using the technology to provide the services you have requested (e.g. outsourcing partners; hosters; companies with whom we offer the services on our technology (e.g. for bookings, rentals, purchases, etc.); companies that advertise on our behalf) and to analyse your user behaviour.
In the case of transfer to third parties, we provide sufficient contractual guarantees that such a third party will use the personal data in accordance with the legal requirements and exclusively in our interest.
If the technology contains links to third-party websites, Ginesta Immobilien AG has no influence on the collection, processing, storage or use of personal data by the third party once these links have been clicked on and accepts no responsibility for this.
TRANSFER OF PERSONAL DATA ABROAD
Ginesta Immobilien AG is also entitled to transfer your personal data to third companies (commissioned service providers) abroad if this is necessary for the data processing described in this data protection declaration. These are obligated to data protection to the same extent as we ourselves. If the level of data protection in a country does not correspond to that in Switzerland or the EU, we will ensure by contract that the protection of your personal data corresponds to that in Switzerland or the EU at all times.
For the sake of completeness, we would like to point out for users who are resident or domiciled in Switzerland that there are surveillance measures in place in the USA by US authorities which generally allow the storage of all personal data of all persons whose data has been transferred from Switzerland to the USA. This is done without any differentiation, limitation or exception based on the objective pursued and without any objective criterion that would make it possible to limit the access of the US authorities to the data and their subsequent use to very specific, strictly limited purposes that are capable of justifying the intrusion associated both with access to these data and with their use. Furthermore, we would like to point out that in the USA, there are no legal remedies available to data subjects from Switzerland that would allow them to gain access to the data concerning them and to obtain their correction or deletion, or that there is no effective judicial legal protection against general access rights of US authorities. We explicitly draw the attention of the data subject to this legal and factual situation so that he or she can make an appropriately informed decision to consent to the use of his or her data. We would like to point out to users residing in a member state of the EU that the USA does not have a sufficient level of data protection from the point of view of the European Union - among other things due to the issues mentioned in this section. Where we have explained in this Privacy Policy that recipients of data (such as Google, Facebook or Twitter ) are based in the US, we will ensure that your data is protected at an adequate level with our partners either through contractual arrangements with these companies or by ensuring that these companies are certified under the EU-US Privacy Shield.
DATA SECURITY
We use appropriate technical and organisational security measures to protect your personal data stored with us against manipulation, partial or complete loss and against unauthorised 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 also take internal company data protection very seriously. Our employees and the service companies commissioned by us have been obliged by us to maintain confidentiality and to comply with the provisions of data protection law.
COOKIES
We use cookies in our technology. Cookies help in many aspects to make your visit to our website easier, more pleasant and more meaningful. Cookies are information files that your web browser automatically stores on your computer's hard drive when you visit our website.
Session cookies are used to uniquely assign information stored on the server during a specific access to our website (e.g. in the online shop) to you or your Internet browser each time you access it (e.g. so that the contents of the shopping basket are not lost). Session cookies are deleted after you close your internet browser. Permanent cookies are used to save your preferences (e.g. preferred language) across several independent accesses to our website, i.e. even after closing your internet browser, or to enable an automatic login. Permanent cookies are deleted according to the settings of your internet browser (e.g. one month after your last visit). By using our website, but also the corresponding functions (e.g. language selection or autologin), you consent to the use of permanent cookies.
Cookies do not damage your computer's hard drive, nor do they transmit users' personal data to us. We use cookies, for example, to better tailor the information, offers and advertising displayed to you to your individual interests. Their use does not result in us obtaining any new personal data about you as an online visitor. Most internet browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a message always appears when you receive a new cookie. Disabling cookies may prevent you from using all the features of our website.
TRACKING TOOLS
We use so-called tracking tools on our website. These tracking tools are used to monitor your surfing behaviour on our website. This observation is carried out for the purpose of demand-oriented design and continuous optimisation of our website. In this context, pseudonymised user profiles are created and small text files stored on your computer ("cookies") are used.
Third-party contractors may also use permanent cookies, pixel tags or similar technologies for this purpose. The third party contractor does not receive any personal data from us, but may track your use of our website, combine this information with data from other websites you have visited that are also tracked by the third party contractor, and use this knowledge for its own purposes (e.g. controlling advertising). The processing of your personal data by the third-party contractor will then be the responsibility of the service provider in accordance with its data protection regulations.
The following tracking tools are used:
Google Analytics
Google Analytics is a service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. We use Google Analytics on our website in order to be able to create anonymised evaluations of website usage. For this purpose, a cookie is set and the log data of the session is sent to Google.
EVALUATION OF NEWSLETTER USAGE
We use third-party email marketing services to send our newsletter. Our newsletter may therefore contain a so-called web beacon (tracking pixel) or similar technical means. A web beacon is a 1x1 pixel, non-visible graphic that is associated with the user ID of the respective newsletter subscriber. This pixel is only activated when you view the newsletter images. The recourse to corresponding services makes it possible to evaluate whether the e-mails containing our newsletter have been opened. In addition, it can also be used to record and evaluate the click behaviour of newsletter recipients. We use this data for statistical purposes and to optimise the newsletter in terms of content and structure. This enables 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 mail programme to not display HTML in messages.
AUTOMATED DECISION-MAKING / PROFILING
As a matter of principle, we (or the third parties commissioned by us) do not make any automated decisions that affect your personal data or have legal effects on you or significantly affect you in a similar way.
LEGAL BASIS FOR PROCESSING
The legal basis for the processing of personal data by us is generally Article 13(2)(a) FADP (processing directly related to the conclusion or performance of a contract; corresponds to Article 6(1)(b) EU GDPR) and Article 13(1) FADP (consent of the data subject or obligation to process by law; corresponds to Article 6(1)(a) EU GDPR). In cases where we wish to refuse to enter into contracts with data subjects in the future due to abuse, non-payment or similar legitimate reasons, we reserve the right, based on Article 13(1) DPA (corresponds to Article 6(1)(f) EU GDPR), to retain the surname, first name, address and e-mail address of a data subject as well as the personal data relating to the circumstances of the relevant case for our own interest. Processing of your personal data by other group companies is also based on Article 13 paragraph 1 DSG (corresponds to Article 6 paragraph 1 letter f EU DSGVO).
YOUR RIGHTS
Upon request, we will provide any data subject with information as to whether and, if so, what personal data about them is being processed (right to confirmation, right of access). At your request:
we will partially or completely refrain from processing personal data (right to withdraw your consent to the processing of personal data that is not absolutely necessary; right to be forgotten). We will also inform third parties to whom we have previously disclosed your personal data of your request to be forgotten.
we correct the relevant personal data (right to rectification)
we 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 rights or the rights of another person).
receive the personal data concerned in a structured, common and machine-readable format (right to data portability).
To make such a request to exercise a right described in this section, for example if you no longer wish to receive email newsletters from us or wish to delete your account, use the relevant function on our website or contact our Data Protection Officer or a member of staff as set out at the beginning of this Privacy Policy. If we do not comply with a request, we will inform you of the reasons why. For example, we may legally refuse to delete your personal data if it is still needed for the original purposes (for example, if you are still receiving a service from us), if the processing is based on a compelling legal basis (for example, legal accounting requirements), or if we have an overriding interest of our own (such as in the case of litigation against the data subject). If we claim an overriding interest in processing personal data against you, you still have the right to object to the processing if a different balance of interests arises from your particular situation compared to other data subjects (right to object). This could be the case, for example, if you are a person of public interest or the processing creates a risk that you will 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, for example in your country of residence or at the registered office of Ginesta Immobilien AG (right to complain).
RETENTION OF DATA
We process personal data only for as long as necessary for the purpose in question or as required by law. If you have set up an account with us, we will retain the master data provided for an unlimited period. However, you can request the deletion of the account at any time (see heading "Your rights"). We will delete the master data unless we are obliged by law to retain it. In the case of an order without an account, your master data will be deleted after the expiry of the guarantee period or the end of the service insofar as we are not obliged by law to retain it. This deletion can take place immediately or as part of periodic deletion runs.
Contractual data, which may also include personal data, will be retained by us until expiry of the statutory retention obligation of 10 years. Obligations to retain data result, among other things, from accounting and tax regulations as well as the obligation to retain electronic communication. As far as we no longer need this data to perform the services for you, the data will be blocked. This means that the data may then only be used for accounting and tax purposes.
If we wish to refuse further business contact with a data subject due to abuse, non-payment or other legitimate reasons, we will retain relevant personal data for five years, or ten years in the event of a repeat offence.
OPT-OUT/OPT-IN OPTION
If you do not agree to us analysing your usage data, you can switch this off. You can switch off tracking by placing an "opt-out cookie" on your system. If you delete all your cookies, please note that the opt-out cookie will also be lost and may need to be renewed.
Please note that the list below is a list of opt-out options, which sometimes also includes trackers used by our partners that are not necessarily used on the website:
Browser Add on to disable Google Analytics.
Switch off the DoubleClick cookie
Switch off Quandcast targeting
Switch off AddThis targeting
Opt-out for IntelliAd targeting
Opt-Out for Bookatable
A good way to configure a large number of cookies can be found at youronlinechoices.com or at optout.aboutads.info
or install the Ghostery browser extension, which is available for all major browsers.
APPLICABLE LAW AND JURISDICTION
This Privacy Policy and the contracts concluded on the basis of or in connection with this Privacy Policy are governed by Swiss law, unless the law of another country is mandatorily applicable. The place of jurisdiction is at the registered office of Ginesta Immobilien AG, unless another place of jurisdiction is mandatorily specified.
FINAL PROVISIONS
Should individual parts of this data protection declaration be invalid, this shall not affect the validity of the rest of the data protection declaration. Due to the further development of our website and offers or due to changed legal or official requirements, it may become necessary to change this data protection declaration. The current data protection declaration is published on our website.
This page was last amended on 10.09.2019. If you have any questions or comments about our legal notices or data protection, please contact us at verkauf@ginesta.ch.
