Privacy policy – Cropmark AG

1. what is this privacy policy about?

Cropmark AG (hereinafter also referred to as “we“, “us“) obtains and processes personal data concerning you or also other persons (so-called “third parties“). We use the term “data” here synonymously with “personal data” or “personal information“.

In this Privacy Policy, we describe what we do with your information when you use cropmark.ch (collectively, the “Site“), obtain our services or products, otherwise interact with us under a contract, communicate with us or otherwise deal with us. If applicable, we will notify you by timely written notice of additional processing activities not mentioned in this Privacy Policy. In addition, we may inform you separately about the processing of your data, e.g. in consent forms, contract terms, additional privacy statements, forms and notices.

When you provide or disclose information about other people, such as family members, co-workers, etc., we assume that you are authorized to do so and that the information is accurate. With the transmission of data via third parties you confirm this. Please also ensure that these third parties have been informed about this privacy policy.

This Privacy Policy is designed to meet the requirements of the EU General Data Protection Regulation (“GDPR“), the Swiss Data Protection Act (“DSG“) and the revised Swiss Data Protection Act (“revDSG“). However, whether and to what extent these laws are applicable depends on the individual case.

2. who is responsible for processing your data?

Cropmark AG, Jurastrasse 56, 5430 Wettingen, is responsible for the data processing of Cropmark AG described in this data protection declaration, unless otherwise communicated in individual cases.

You can contact us for your data protection concerns and to exercise your rights under Section 11 as follows:

Cropmark AG
Ralph Künzler
Jurastrasse 56
CH-5430 Wettingen
info@cropmark.ch

3. what data do we process?

We process different categories of data about you. The main categories are as follows:

Technical data: When you use our website or other electronic offerings (e.g., free Wi-Fi), we collect the IP address of your terminal device and other technical data to ensure the functionality and security of these offerings. This data also includes logs in which the use of our systems is recorded. We generally retain technical data for 6 months. In order to ensure the functionality of these offers, we may also assign an individual code to you or your end device (e.g. in the form of a cookie, see section 12). The technical data in itself does not allow any conclusions to be drawn about your identity. However, in the context of user accounts, registrations, access controls or the processing of contracts, they can be linked to other data categories (and thus possibly to your person).
Registration data: Certain offers B. of contests and services (e.g. login areas of our website, newsletter delivery, free WLAN access, etc.) can only be used with a user account or registration, which can be done directly with us or through our external login service providers. In doing so, you must provide us with certain data and we collect data about the use of the offer or service. More
Communication Data: When you are in contact with us via the contact form, email, telephone, letter or other means of communication, we collect the data exchanged between you and us, including your contact details and the boundary data of the communication. If we want or need to establish your identity, we collect data to identify you (e.g., a copy of an identification document). We generally retain this data for 12 months from the last exchange with you. This period may be longer if this is necessary for reasons of proof or to comply with legal or contractual requirements, or for technical reasons. E-mails in personal mailboxes and written correspondence are generally retained for at least 10 years.
Master data: We define master data as the basic data that we require, in addition to contractual data (see below), for the processing of our contractual and other business relationships or for marketing and advertising purposes, such as name, contact details and information e.g. about your role and function, your bank account(s), your date of birth, customer history, powers of attorney, signature authorizations and declarations of consent. We process your master data if you are a customer or other business contact or work for one (e.g. as a contact person of the business partner), or because we want to address you for our own purposes or the purposes of a contractual partner (e.g. as part of marketing and advertising, with invitations to events, with vouchers, with newsletters, etc.). We receive master data from you yourself (e.g. when making a purchase or as part of a registration), from bodies for which you work or from third parties such as our contractual partners, associations and address dealers and from publicly accessible sources such as public registers or the Internet (websites, social media ). We generally keep this data for 10 years from the last exchange with you, but at least from the end of the contract. This period may be longer, insofar as this is necessary for reasons of proof or to comply with legal or contractual requirements or for technical reasons. For pure marketing and advertising contacts, the period is usually much shorter, usually no more than 2 years since the last contact.
Contract data: This is data that arises in connection with the conclusion or execution of a contract, e.g. information about contracts and the services to be provided or provided, as well as data from the run-up to the conclusion of a contract, the information required or used for processing and information about reactions. We generally collect this data from you, from contractual partners and from third parties involved in the processing of the contract, but also from third-party sources (e.g. providers of creditworthiness data) and from publicly available sources. We generally retain this data for 10 years from the last contractual activity, but at least from the end of the contract. This period may be longer, insofar as this is necessary for reasons of evidence or to comply with legal or contractual requirements or is technically required.
Behavioral and preference data: Depending on our relationship with you, we try to get to know you and better tailor our products, services and offers to you. To do this, we collect and use data about your behavior and preferences. We do this by evaluating information about your behavior in our area, and we may also supplement this information with information from third parties – including publicly available sources. Based on this, we can, for example, calculate the probability that you will use certain services or behave in a certain way. The data processed for this purpose is partly already known to us (e.g. when you use our services), or we obtain this data by recording your behavior (e.g. how you visit our website). We anonymize or delete this data when it is no longer meaningful for the purposes pursued, which may be between 2-3 weeks and 24 months (for product and service preferences) depending on the nature of the data. This period may be longer to the extent necessary for evidentiary reasons or to comply with legal or contractual requirements, or for technical reasons. We describe how tracking works on our website in section 12.
Other data: We also collect data from you in other situations. In connection with official or judicial proceedings, for example, data is collected (such as files, evidence, etc.) that may also relate to you. We may also collect data for health protection reasons (e.g. as part of protection concepts). We may obtain or produce photos, videos and sound recordings in which you may be recognizable (e.g. at events, through security cameras, etc.). We may also collect data on who enters certain buildings or has corresponding access rights and when (incl. in the case of access controls, based on registration data or visitor lists, etc.), who participates in events or campaigns (e.g. competitions) and when, or who uses our infrastructure and systems. The retention period of this data depends on the purpose and is limited to what is necessary. This ranges from a few days for many of the security cameras and usually a few weeks for contact tracing data, to visitor data that is usually kept for 3 months, to reports on events with pictures that can be kept for a few years or longer.

You provide us with much of the data mentioned in this section 3 yourself (e.g. via forms, in the course of communication with us, in connection with contracts, when using the website, etc.). They are not obliged to do so, with the reservation of individual cases, e.g. within the framework of binding protection concepts (legal obligations). If you wish to enter into contracts with us or claim services, you must also provide us with data, in particular master data, contract data and registration data, as part of your contractual obligation under the relevant contract. When using our website, the processing of technical data is unavoidable. If you wish to gain access to certain systems or buildings, you must provide us with registration information. However, in the case of behavioral and preference data, you generally have the option of objecting or not giving consent.

Insofar as this is not inadmissible, we also take data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, media or the Internet incl. social media) or receive data from authorities and from other third parties (such as credit agencies, address dealers, associations, contractual partners, Internet analysis services, etc.).

4. for what purposes do we process your data?

We process your data for the purposes we explain below. You will find further information for the online area in sections 12 and 13. These purposes or the objectives on which they are based represent legitimate interests of us and, where applicable, of third parties. You will find further information on the legal basis for our processing in section 5.

We process your data for purposes related to communication with you, in particular to respond to inquiries and assert your rights (section 11) and to contact you in the event of queries. For this purpose, we use in particular communication data and master data and, in connection with offers and services used by you, also registration data. We retain this data to document our communication with you, for training purposes, for quality assurance and for follow-up inquiries.

We process data for the establishment, administration and processing of contractual relationships.

We process data for marketing purposes and for relationship management, e.g. to send our customers and other contractual partners personalized advertising on products and services from us and from third parties (e.g. from advertising contractual partners). This may take place, for example, in the form of newsletters and other regular contacts (electronically, by post, by telephone), via other channels for which we have contact information from you, but also as part of individual marketing campaigns (e.g. events, competitions, etc.) and may also include free services (e.g. invitations, vouchers, etc.). You can refuse such contacts at any time (see at the end of this section 4) or refuse or revoke consent to be contacted for advertising purposes. With your consent, we can target our online advertising on the Internet more specifically to you (see section 12).

We further process your data for market research, to improve our services and operations, and for product development.

We may also process your data for security and access control purposes.

We process personal data to comply with laws, directives and recommendations from authorities and internal regulations (“Compliance“).

We also process data for the purposes of our risk management and as part of prudent corporate governance, including business organization and corporate development.

We may process your data for other purposes, e.g. as part of our internal processes and administration or for training and quality assurance purposes.

5. on what basis do we process your data?

Insofar as we ask for your consent for certain processing, we will inform you separately about the corresponding purposes of the processing. You can revoke consent at any time with future effect by notifying us in writing (by post) or, where not otherwise specified or agreed, by e-mail; you will find our contact details in section 2. For revocation of your consent for online tracking, see section 12. Where you have a user account, revocation or contact with us can also be carried out via the relevant website or other service, if applicable. Once we have received notification of the withdrawal of your consent, we will no longer process your data for the purposes to which you originally consented, unless we have another legal basis for doing so. The revocation of your consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

Where we do not ask you for your consent for processing, we base the processing of your personal data on the fact that the processing is necessary for the initiation or performance of a contract with you (or the entity you represent) or that we or third parties have a legitimate interest in doing so, so in particular to pursue the purposes and related objectives described above in section 4 and to be able to implement appropriate measures. Our legitimate interests also include compliance with legal requirements, insofar as this is not already recognized as a legal basis by the applicable data protection law in each case (e.g., in the case of the GDPR, the law in the EEA and Switzerland). However, this also includes the marketing of our products and services, the interest to better understand our markets and to safely and efficiently manage and develop our business, including operations.

If we receive sensitive data (e.g. health data, information on political, religious or ideological views or biometric data for identification purposes), we may also process your data on the basis of other legal grounds, e.g. in the event of disputes due to the need for processing for a possible lawsuit or the enforcement or defense of legal claims. In individual cases, other legal grounds may come into play, which we will communicate to you separately where necessary.

6. Was gilt bei Profiling und automatisierten Einzelentscheiden?

In connection with our contracts, the Website, our services and products, our legal obligations or otherwise to protect our legitimate interests and the other purposes listed in section 4, we also transfer your personal data to third parties, in particular to the following categories of recipients:

Service providers: We work with service providers in Germany and abroad who process data about you on our behalf or in joint responsibility with us or who receive data about you from us in their own responsibility (e.g. IT providers, shipping companies, advertising service providers, login service providers, banks, insurance companies, debt collection companies, credit agencies, or address checkers).
Contractual partners including customers: This initially refers to customers (e.g. service recipients) and other contractual partners of ours, because this data transfer arises from these contracts. They receive, for example, registration data on issued and redeemed vouchers, invitations, etc.If you work for such a contractual partner yourself, we may also transfer data about you to them in this context. The recipients also include contractual partners with whom we cooperate or who advertise on our behalf and to whom we therefore transfer data about you for analysis and marketing purposes (these may again be service recipients, but also, for example, sponsors and providers of online advertising). We require these partners to send you advertising or to play it out based on your data only if you have consented to this (for the online area, see section 12).
Authorities: We may disclose personal data to offices, courts and other authorities in Germany and abroad if we are legally obliged or entitled to do so or if this appears necessary to protect our interests. The authorities process data about you that they receive from us on their own responsibility.
Other persons: This refers to other cases where the inclusion of third parties arises from the purposes set out in section 4, e.g. service recipients, media and associations in which we participate or if you are part of one of our publications.

All these categories of recipients may in turn involve third parties, so that your data may also become accessible to them. We can restrict processing by certain third parties (e.g. IT providers), but not by other third parties (e.g. authorities, banks, etc.).

7. to whom do we disclose your data?

Service providers: We work with service providers in Germany and abroad who process data about you on our behalf or in joint responsibility with us or who receive data about you from us in their own responsibility (e.g. IT providers, shipping companies, advertising service providers, login service providers, banks, insurance companies, debt collection companies, credit agencies, or address checkers).
Contractual partners including customers: This initially refers to customers (e.g. service recipients) and other contractual partners of ours, because this data transfer arises from these contracts. They receive, for example, registration data on issued and redeemed vouchers, invitations, etc.If you work for such a contractual partner yourself, we may also transfer data about you to them in this context. The recipients also include contractual partners with whom we cooperate or who advertise on our behalf and to whom we therefore transfer data about you for analysis and marketing purposes (these may again be service recipients, but also, for example, sponsors and providers of online advertising). We require these partners to send you advertising or to play it out based on your data only if you have consented to this (for the online area, see section 12).
Authorities: We may disclose personal data to offices, courts and other authorities in Germany and abroad if we are legally obliged or entitled to do so or if this appears necessary to protect our interests. The authorities process data about you that they receive from us on their own responsibility.
Other persons: This refers to other cases where the inclusion of third parties arises from the purposes set out in section 4, e.g. service recipients, media and associations in which we participate or if you are part of one of our publications.

8. does your personal data also end up abroad?

As explained in Section 7, we also disclose data to other entities. These are not only located in Switzerland. Your data may therefore be processed in Europe or, in exceptional cases, in any country in the world.

If a recipient is located in a country without adequate legal data protection, we contractually oblige the recipient to comply with the applicable data protection (for this purpose, we use the revised standard contractual clauses of the European Commission, which can be accessed here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless the recipient is already subject to a legally recognized set of rules to ensure data protection and we cannot rely on an exception provision. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the performance of a contract requires such disclosure, if you have consented or if it is a matter of data made generally available by you, the processing of which you have not objected to.

9. how long do we process your data?

We process your data for as long as our processing purposes, the statutory retention periods and our legitimate interests in processing for documentation and evidence purposes require or storage is technically necessary. You will find further information on the respective storage and processing periods for the individual data categories in section 3 and for the cookie categories in section 12. If there are no legal or contractual obligations to the contrary, we will delete or anonymize your data after the storage or processing period has expired as part of our normal processes.

10. how do we protect your data?

We take reasonable security measures to maintain the confidentiality, integrity and availability of your personal information, to protect it against unauthorized or unlawful processing, and to protect against the risks of loss, accidental alteration, unauthorized disclosure or access.

11. what rights do you have?

Applicable data protection law grants you the right to object to the processing of your data in certain circumstances, in particular that for direct marketing purposes, profiling used for direct marketing and other legitimate interests in processing.

To help you control the processing of your personal data, you also have the following rights in connection with our data processing, depending on the applicable data protection law:

The right to request information from us as to whether and what data we process from you;
the right to have us correct data if it is inaccurate;
the right to request the deletion of data;
the right to request that we provide certain personal data in a commonly used electronic format or transfer it to another controller;
the right to withdraw consent, insofar as our processing is based on your consent;
the right to receive, upon request, further information necessary for the exercise of these rights;

If you wish to exercise the above rights against us, please contact us in writing, at our premises or, unless otherwise stated or agreed, by e-mail; you will find our contact details in section 2. In order for us to be able to rule out any misuse, we must identify you (e.g. with a copy of your ID card, unless otherwise possible).

Please note that conditions, exceptions or restrictions apply to these rights under applicable data protection law (e.g., to protect third parties or trade secrets). We will inform you accordingly if necessary.

If you do not agree with our handling of your rights or data protection, please let us know (section 2). In particular, if you are in the EEA, the United Kingdom or Switzerland, you also have the right to complain to the data protection supervisory authority in your country. A list of authorities in the EEA can be found here: https://edpb.europa.eu/about-edpb/board/members_de. The UK supervisory authority can be reached here:https://ico.org.uk/global/contact-us/. You can reach the Swiss supervisory authority here: https://www.edoeb.admin.ch/edoeb/de/home/der-edoeb/kontakt/adresse.html.

12. do we use online tracking and online advertising techniques?

On our website, we use various techniques with which we and third parties engaged by us can recognize you during your use and possibly also track you over several visits. In this section we inform you about it.

In essence, this is so that we can distinguish accesses by you (via your system) from accesses by other users, so that we can ensure the functionality of the website and carry out evaluations and personalizations. In doing so, we do not want to infer your identity, even if we can do so to the extent that we or third parties engaged by us can identify you through a combination with registration data. Even without registration data, however, the technologies used are designed in such a way that you are recognized as an individual visitor each time you access the site, for example by our server (or the servers of third parties) assigning you or your browser a specific recognition number (so-called “cookie”).

We use such techniques on our website and allow certain third parties to do so as well. However, depending on the purpose of these techniques, we may ask for your consent before they are used. You can program your browser to block or deceive certain cookies or alternative techniques, or to delete existing cookies. You can also enhance your browser with software that blocks tracking by certain third parties. You can find more information about this on the help pages of your browser (usually under the keyword “Privacy”) or on the websites of the third parties that we list below.

The following cookies are distinguished (techniques with comparable functionalities such as fingerprinting are included here):

Necessary cookies: Some cookies are necessary for the functioning of the website as such or certain functions. For example, they ensure that you can switch between pages without losing information entered in a form. They also ensure that you remain logged in. These cookies only exist temporarily (“session cookies”). If you block them, the website may not work. Other cookies are necessary so that the server can store decisions or entries made by you beyond one session (i.e. one visit to the website), if you request this function (e.g. selected language, given consent, the function for an automatic login, etc.). These cookies have an expiration date of up to 24 months.
Performance cookies: In order to optimize our website and corresponding offers and to better adapt them to the needs of the users, we use cookies to record and analyze the use of our website, possibly even beyond the session. We do this through the use of third-party analytics services. We have listed these below. Performance cookies also have an expiration date of up to 24 Details can be found on the third-party websites.
Marketing cookies: We have an interest in targeting advertising, i.e. displaying it as far as possible only to those we want to address. These cookies have an expiration period of a few days to 12 months, depending on the situation. If you consent to the use of these cookies, you will be shown appropriate advertising. If you do not consent to these cookies, you will not see less advertising, but simply any other advertising.

In addition to marketing cookies, we use other techniques to control online advertising on other websites and thereby reduce wastage. For example, we may transmit the e-mail addresses of our users, customers and other persons to whom we want to display advertising to operators of advertising platforms (e.g. social media). If these persons are registered there with the same e-mail address (which the advertising platforms determine by matching), the operators show the advertising we have placed to these persons in a targeted manner. The operators do not receive personal e-mail addresses of persons who are not already known. In the case of known e-mail addresses, however, they learn that these persons are in contact with us and which content they have accessed.

We may also integrate further third-party offers on our website, in particular from social media providers. These offers are deactivated by default. As soon as you activate them (e.g. by clicking a button), the corresponding providers can determine that you are on our website. If you have an account with the social media provider, they can assign this information to you and thus track your use of online offers. These social media providers process this data under their own responsibility.

We currently use offers from the following service providers and advertising contract partners (insofar as they use data from you or cookies set on your computer for advertising purposes):

reCAPTCHA is used to prevent automated programs from becoming active on a web page. It is a process in which human users solve some simple tasks that are challenging for computers. These tasks can include identifying images, selecting certain letters, or reading and typing a sentence. By using reCAPTCHA, website operators can ensure that the interaction on their site comes from actual human users and is not performed by automated bots.
Google Web Fonts enable a consistent font display on our website by using web fonts provided by the Google server. When you visit our site, your browser loads the required fonts into the browser cache to display texts correctly. By connecting to Google servers, Google learns about your visit to our website via your IP address. If your browser does not support web fonts, a standard font from your computer will be used. The use of Google Web Fonts serves the purpose of a uniform and appealing presentation of our online offers. You can find more information in the Google Web Fonts FAQ: https://developers.google.com/fonts/faq.
Use of Google Maps: This website uses Google Maps API to visually display geographic information. When using Google Maps, Google also collects, processes and uses data about visitors’ use of the map functions. You can find more information about data processing by Google in the Google Privacy Notice. There you can also change your personal privacy settings in the Privacy Center.Detailed instructions for managing your own data in connection with Google products can be found here.
Embedded YouTube videos: We embed YouTube videos on some of our websites. The operator of the corresponding plugins is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. When you visit a page with the YouTube plugin, a connection to YouTube servers is established. This tells Youtube which pages you are visiting. 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 beforehand. When a Youtube video is started, the provider uses cookies that collect information about user behavior. Those who have deactivated the saving of cookies for the Google Ad program will not have to deal with such cookies when watching Youtube videos. However, Youtube also stores non-personal usage information in other cookies. If you would like to prevent this, you must block the storage of cookies in the browser. For more information on data protection at “Youtube”, please see the provider’s privacy policy at: https://www.google.de/intl/de/policies/privacy/

13. what data do we process on our pages in social networks?

We may operate pages and other online presences on social networks and other platforms operated by third parties (“fan pages”, “channels”, “profiles”, etc.) and collect the data about you described in section 3 and below there. We receive this data from you and the platforms when you come into contact with us via our online presence (e.g., when you communicate with us, comment on our content or visit our presence). At the same time, the platforms evaluate your use of our online presences and link this data with other data about you known to the platforms (e.g., about your behavior and preferences). They also process this data for their own purposes under their own responsibility, in particular for marketing and market research purposes (e.g. to personalize advertising) and to control their platforms (e.g. which content they show you).

We process this data for the purposes described in section 4, in particular for communication, for marketing purposes (including advertising on these platforms, see section 12) and for market research. You will find information on the relevant legal basis in section 5. We may ourselves disseminate content published by you (e.g. comments on an announcement) (e.g. in our advertising on the platform or elsewhere). We or the operators of the platforms may also delete or restrict content from or about you in accordance with the usage guidelines (e.g. inappropriate comments).

For further information on the processing of the platform operators, please refer to the data protection notices of the platforms. There you can also find out in which countries they process your data, which rights of access, deletion and other data subjects you have and how you can exercise these or obtain further information. We currently use the following platforms:

Facebook: Here we operate the site www.facebook.com/cropmarkAG. The responsible party for operating the platform for users from Europe is Facebook Ireland Ltd, Dublin, Ireland. Their privacy policy is available at www.facebook.com/policy. Some of your data will be transferred to the USA. Objection regarding advertising is possible here: www.facebook.com/settings?tab=ads. With regard to the data collected and processed when visiting our site for the creation of “Page Insights”, we are jointly responsible with Facebook Ireland Ltd, Dublin, Ireland. As part of Page Insights, statistics are compiled about what visitors do on our site (comment on posts, share content, etc.). This is described at www.facebook.com/legal/terms/information_about_page_insights_data. It helps us understand how our site is being used and how we can improve it. We only receive anonymous, aggregated data. We have regulated our responsibilities regarding data protection in accordance with the information on www.facebook.com/legal/terms/page_controller_addendum.

14. can this privacy policy be changed?

This privacy policy is not part of any contract with you. We may amend this privacy policy at any time. The version published on this website is the current version.

Last updated: 02.08.2023