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Privacy Policy

Privacy Policy

With this privacy policy, we provide information about the processing of personal data in connection with our activities and operations, including our website under the domain name tubeforce.ch. In particular, we explain what personal data we process, for what purposes, how, and where. We also inform you about the rights of individuals whose data we process.

For individual or additional activities and operations, we may publish further privacy policies or other information on data protection.

We are subject to Swiss law and, where applicable, foreign law, in particular that of the European Union (EU) under the General Data Protection Regulation (GDPR).

With its decision of July 26, 2000, the European Commission recognised that Swiss data protection law ensures an adequate level of data protection. With its report of January 15, 2024, the European Commission confirmed this adequacy decision.

1. Contact addresses

The controller within the meaning of data protection law is:

TUBEForce AG

Unterstadel 2
9043 Trogen

info@tubeforce.ch

In individual cases, third parties may be responsible for the processing of personal data, or there may be joint controllership with third parties. Upon request, we will be pleased to provide data subjects with information about the respective responsibility.

2. Definitions and legal bases

2.1 Definitions

Data subject: A natural person whose personal data we process.

Personal data: All information relating to an identified or identifiable natural person.

Sensitive personal data: Data on trade union, political, religious or philosophical views and activities; data on health, intimate sphere, or membership of an ethnicity or race; genetic data; biometric data that uniquely identifies a natural person; data on criminal and administrative sanctions or prosecutions; and data on social assistance measures.

Processing: Any handling of personal data, regardless of the means and procedures used, for example querying, comparing, adapting, archiving, retaining, reading, disclosing, obtaining, recording, collecting, erasing, revealing, arranging, organising, storing, altering, disseminating, linking, destroying and using personal data.

European Economic Area (EEA): Member States of the European Union (EU) as well as the Principality of Liechtenstein, Iceland and Norway.

2.2 Legal bases

We process personal data in accordance with Swiss law, in particular the Federal Act on Data Protection (Data Protection Act, FADP) and the Ordinance on Data Protection (Data Protection Ordinance, DPO).

Where and to the extent that the European General Data Protection Regulation (GDPR) applies, we process personal data in accordance with at least one of the following legal bases:

  • Art. 6(1)(b) GDPR for the processing of personal data necessary for the performance of a contract with the data subject and for the implementation of pre-contractual measures.
  • Art. 6(1)(f) GDPR for the processing of personal data necessary to safeguard legitimate interests—including the legitimate interests of third parties—provided that the fundamental freedoms and rights and the interests of the data subject do not prevail. Such interests include, in particular, the long-term, user-friendly, secure and reliable performance of our activities and operations, ensuring information security, protection against misuse, enforcement of our own legal claims, and compliance with Swiss law.
  • Art. 6(1)(c) GDPR for the processing of personal data necessary to comply with a legal obligation to which we are subject under any applicable law of Member States in the European Economic Area (EEA).
  • Art. 6(1)(e) GDPR for the processing of personal data necessary for the performance of a task carried out in the public interest.
  • Art. 6(1)(a) GDPR for the processing of personal data with the consent of the data subject.
  • Art. 6(1)(d) GDPR for the processing of personal data necessary to protect the vital interests of the data subject or of another natural person.
  • Art. 9(2) et seq. GDPR for the processing of special categories of personal data, in particular with the consent of the data subjects.

The European General Data Protection Regulation (GDPR) refers to the processing of personal data as the processing of personal data and the processing of sensitive personal data as the processing of special categories of personal data (Art. 9 GDPR).

3. Nature, scope and purpose of the processing of personal data

We process the personal data that is necessary to carry out our activities and operations on a long-term, user-friendly, secure and reliable basis. The personal data processed may, in particular, fall into the categories of browser and device data, content data, communication data, metadata, usage data, master data including inventory and contact data, location data, transaction data, contract data and payment data. The personal data may also constitute sensitive personal data.

We also process personal data that we receive from third parties, obtain from publicly accessible sources, or collect in the course of carrying out our activities and operations, insofar as such processing is permitted.

We process personal data, where necessary, with the consent of the data subjects. In many cases, we may process personal data without consent, for example to fulfil legal obligations or to safeguard overriding interests. We may also request consent from data subjects even if consent is not required.

We process personal data for the duration required for the respective purpose. In particular, we anonymise or delete personal data depending on statutory retention and limitation periods.

4. Disclosure of personal data

We may disclose personal data to third parties, have it processed by third parties, or process it jointly with third parties. Such third parties may include, for example, specialised providers whose services we use. Such third parties may in turn disclose personal data to other third parties.

In the course of our activities and operations, we may disclose personal data in particular to banks and other financial service providers, authorities, educational and research institutions, consultants and lawyers, accounting and fiduciary service providers, debt collection companies, interest groups, IT service providers, cooperation partners, credit and business information agencies, logistics and shipping companies, marketing and advertising agencies, media, parent, sister and subsidiary companies, organisations and associations, social institutions, telecommunications companies, insurers and payment service providers.

5. Communication

We process personal data in order to communicate with individuals as well as with authorities, organisations and companies. In doing so, we process in particular data that a data subject provides to us when contacting us, for example by letter post or email. We may store such data in an address book or using comparable tools.

Third parties who provide us with data about other persons are legally obliged to ensure the data protection of those data subjects independently. In particular, they must ensure that they are permitted to transmit such data and also ensure the accuracy of the transmitted data.

We use selected services from suitable providers to enable and improve communication with individuals and other communication partners. With such services, we may also manage the data of data subjects beyond direct communication and process it in other ways, for example in connection with orders, services, projects and resource planning.

6. Data security

We take appropriate technical and organisational measures to ensure data security appropriate to the respective risk. With our measures, we ensure in particular the confidentiality, availability, traceability and integrity of the personal data processed, but we cannot guarantee absolute data security.

Access to our website and our other digital presence is provided using transport encryption (SSL / TLS), in particular via the Hypertext Transfer Protocol Secure, abbreviated HTTPS. Most browsers warn against visiting a website without transport encryption.

Our digital communication is subject—like in principle any digital communication—to mass surveillance without cause or suspicion by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We have no direct influence on the corresponding processing of personal data by intelligence services, police agencies and other security authorities. We also cannot rule out that a data subject is specifically monitored.

7. Personal data abroad

We process personal data as a matter of principle in Switzerland and in the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular in order to process it there or have it processed there.

We may export personal data to all countries on Earth and elsewhere in the universe, provided that the law there ensures adequate data protection pursuant to a decision of the Swiss Federal Council and—where and to the extent that the GDPR applies—also pursuant to a decision of the European Commission.

We may transfer personal data to countries whose laws do not ensure adequate data protection, provided that data protection is ensured for other reasons, in particular on the basis of standard data protection clauses or other appropriate safeguards. By way of exception, we may export personal data to countries without adequate or appropriate data protection if the special data protection requirements are met, for example the express consent of the data subjects or a direct connection with the conclusion or performance of a contract. Upon request, we will be pleased to provide data subjects with information about any safeguards or provide a copy of any safeguards.

8. Rights of data subjects

8.1 Data protection claims

We grant data subjects all claims under applicable law. In particular, data subjects have the following rights:

  • Right of access: Data subjects may request information as to whether we process personal data about them and, if so, which personal data. Data subjects also receive the information required to assert their data protection claims and to ensure transparency. This includes the personal data processed as such, but also, among other things, information on the purpose of processing, the duration of retention, any disclosure or export of data to other countries, and the origin of the personal data.
  • Rectification and restriction: Data subjects may have inaccurate personal data corrected, incomplete data completed, and the processing of their data restricted.
  • Opportunity to present one’s own point of view and human review: In the case of decisions based exclusively on automated processing of personal data that have a legal effect on them or significantly affect them (automated individual decisions), data subjects may present their own point of view and request review by a human.
  • Erasure and objection: Data subjects may have personal data erased (“right to be forgotten”) and object to the processing of their data with effect for the future.
  • Data release and data portability: Data subjects may request the release of personal data or the transfer of their data to another controller.

We may postpone, restrict or refuse the exercise of data subjects’ rights within the legally permissible framework. We may inform data subjects of any requirements to be met for exercising their data protection claims. For example, we may refuse access in whole or in part by reference to confidentiality obligations, overriding interests or the protection of other persons. For example, we may also refuse the erasure of personal data, in particular by reference to statutory retention obligations, in whole or in part.

We may, by way of exception, provide for costs for the exercise of rights. We will inform data subjects in advance of any costs.

We are obliged to identify data subjects who request information or assert other rights by appropriate measures. Data subjects are obliged to cooperate.

8.2 Legal remedies

Data subjects have the right to enforce their data protection claims through legal proceedings or to file a report or complaint with a data protection supervisory authority.

The data protection supervisory authority for private controllers and federal bodies in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

European data protection supervisory authorities are organised as members of the European Data Protection Board (EDPB). In some Member States in the European Economic Area (EEA), the data protection supervisory authorities are structured federally, in particular in Germany.

9. Use of the website

9.1 Cookies

We may use cookies. Cookies—both our own cookies (first-party cookies) and cookies from third parties whose services we use (third-party cookies)—are data stored in the browser. Such stored data is not necessarily limited to traditional text-based cookies.

Cookies may be stored in the browser temporarily as “session cookies” or for a certain period as so-called persistent cookies. “Session cookies” are automatically deleted when the browser is closed. Persistent cookies have a specific storage period. Cookies make it possible, in particular, to recognise a browser on the next visit to our website and thereby, for example, measure the reach of our website. Persistent cookies may also be used for online marketing, for example.

Cookies can be disabled, restricted or deleted at any time, in whole or in part, in the browser settings. Browser settings often also allow automated deletion and other management of cookies. Without cookies, our website may no longer be fully available. We actively request express consent for the use of cookies—at least where and to the extent required under applicable law.

For cookies used for performance and reach measurement or for advertising, a general objection (“opt-out”) is available for numerous services via AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

9.2 Logging

For each access to our website and our other digital presence, we may log at least the following information, provided that it is determined or transmitted to our digital infrastructure by default during such access: date and time including time zone, IP address, access status (HTTP status code), operating system including user interface and version, browser including language and version, the specific subpage of our website accessed including the amount of data transferred, the last website accessed in the same browser window (referrer).

We log such information, which may also constitute personal data, in log files. This information is required to provide our digital presence on a long-term, user-friendly and reliable basis. It is also required to ensure data security—also by third parties or with the assistance of third parties.

9.3 Tracking pixels

We may integrate tracking pixels into our digital presence. Tracking pixels are also referred to as web beacons. Tracking pixels—including those from third parties whose services we use—are usually small, invisible images or scripts written in JavaScript that are automatically retrieved when our digital presence is accessed. Tracking pixels can capture at least the same information as logging in log files.

10. Social media

We are present on social media platforms and other online platforms in order to communicate with interested persons and to provide information about our activities and operations. In connection with such platforms, personal data may also be processed outside Switzerland and the European Economic Area (EEA).

The general terms and conditions (GTC) and terms of use, as well as privacy policies and other provisions of the respective operators of such platforms, also apply. These provisions provide information in particular about the rights of data subjects directly vis-à-vis the respective platform, including, for example, the right of access.

For our social media presence on Facebook, including so-called Page Insights, we are—where and to the extent that the GDPR applies—jointly responsible with Meta Platforms Ireland Limited (Ireland). Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). Page Insights provide information about how visitors interact with our Facebook presence. We use Page Insights to provide our social media presence on Facebook effectively and in a user-friendly manner.

Further information about the nature, scope and purpose of data processing, information about the rights of data subjects, as well as the contact details of Facebook and Facebook’s data protection officer can be found in the Facebook privacy policy. We have concluded the so-called “Controller Addendum” with Facebook, thereby agreeing in particular that Facebook is responsible for ensuring the rights of data subjects. For the so-called Page Insights, the relevant information can be found on the page “Information about Page Insights”, including “Information about Page Insights Data”.

11. Third-party services

We use services from specialised third parties in order to carry out our activities and operations on a long-term, user-friendly, secure and reliable basis. With such services, we can, among other things, embed functions and content into our website. In the case of such embedding, the services used capture, for technically compelling reasons, at least temporarily the IP addresses of users.

For necessary security-related, statistical and technical purposes, third parties whose services we use may process data in connection with our activities and operations in aggregated, anonymised or pseudonymised form. This includes, for example, performance or usage data in order to be able to provide the respective service.

We use in particular:

11.1 Digital infrastructure

We use services from specialised third parties in order to use the digital infrastructure required in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers.

We use in particular:

11.2 Social media features and social media content

We use services and plugins from third parties to embed functions and content from social media platforms and to enable the sharing of content on social media platforms and via other channels.

We use in particular:

12. Performance and reach measurement

We seek to measure the success and reach of our activities and operations. In this context, we may also measure the impact of third-party references or examine how different parts or versions of our digital presence are used (“A/B testing” method). Based on the results of performance and reach measurement, we may in particular fix errors, strengthen popular content or make improvements.

For performance and reach measurement, in most cases the IP addresses of individual users are recorded. In this case, IP addresses are as a matter of principle shortened (“IP masking”) in order to follow the principle of data minimisation through corresponding pseudonymisation.

Cookies may be used and user profiles created for performance and reach measurement. Any user profiles created may include, for example, the individual pages visited or content viewed on our digital presence, information about screen size or browser window size, and the (at least approximate) location. As a matter of principle, any user profiles are created exclusively in pseudonymised form and are not used to identify individual users. Individual third-party services where users are logged in may be able to associate the use of our online offering with the user account or user profile with the respective service.

We use in particular:

13. Final notes on the privacy policy

We created this privacy policy using the privacy policy generator by Datenschutzpartner .

We may update this privacy policy at any time. We will inform you of updates in an appropriate manner, in particular by publishing the current privacy policy on our website.

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