Privacy Policy

Privacy Policy

We are delighted that you are interested in our company. Data protection is a particularly high priority for the management of MarkLook. It is possible to use the MarkLook website without providing any personal data. However, if a data subject wishes to use specific services offered by our company via our website, it may be necessary to process personal data . If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject .

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to MarkLook. Data protection regulations. Through this privacy policy, our company wishes to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this privacy policy informs data subjects about their rights. MarkLook, as the controller, has implemented numerous technical and organizational measures to ensure the most

As the controller, MarkLook has implemented numerous technical and organizational measures to ensure the most complete protection of the personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

MarkLook's privacy policy is based on the terminology used by the European legislators and regulators when enacting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance. We use the following terms in this privacy policy, among others:

In this privacy policy, we use the following terms, among others:

• a) Personal data

  Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"). A natural person is considered identifiable if they can be identified, directly or indirectly, in particular by means of an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics that are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person can be identified.

• b) Data subject

  A data subject is any identified or identifiable natural person whose personal data is processed by the controller. Processing Controller.

• c) Processing

  Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or transformation, modification, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combining, restriction, erasure or destruction.

• d) Restriction of processing

  Restriction of processing is the marking of stored personal data with the aim of limiting its future processing. e)

• e) Profiling

  Profiling is any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to the performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements of of that natural person.

• f) Pseudonymization

  Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data is not attributed to an identified or identifiable natural person.

• g) Controller or processor

  The controller or processor is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. If the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

• h) Processor

  A processor is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.

• i) Recipients

  A recipient is a natural or legal person, public authority, agency, or other body to which personal data is disclosed, whether a third party or not. However, public authorities that may receive personal data in the framework of a particular investigation task in accordance with Union or Member State law shall not be considered recipients.

• j) Third party

  A third party is a natural or legal person, public authority, agency, or other body other than the data subject, the controller, the processor, and the persons who, under the direct authority of the controller or processor, are authorized to process the personal data.

• k) Consent

  Consent is any freely given, specific, informed, and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. The data subject may withdraw his or her consent at any time. The data subject's consent is required for the processing of personal data relating to him or her. The data subject's consent is required for the processing of personal data relating to him or her.

2. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:

MarkLook

Vira Paese 17

6574 Vira (Gambarogno)

Switzerland

Tel.: 0041912085065

Email: kontakt@marklook.ch

Website: marklook.ch

3. Collection of general data and information

The MarkLook website collects a range of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server log files. The following data may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the subpages that are accessed via an accessing system on our website , (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information that serves to avert danger in the event of attacks on our information technology systems.

When using this general data and information, MarkLook does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising for it , (3) to ensure the long-term functionality of our information technology systems and the technology of our website , and (4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information are therefore evaluated by MarkLook statistically and also with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process . The anonymous data in the server log files is stored separately from all personal data provided by a data subject.

4. Routine deletion and blocking of personal data

The controller processes and stores the personal data of the data subject only for the period necessary to achieve the storage purpose or if this has been provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.

If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions. 5. Rights of the data subject

5. Rights of the data subject

• a) Right to confirmation

  Every data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning them are being processed. If a data subject wishes to exercise this right of confirmation, they may contact an employee of the controller at any time. b)

• b) Right to information

  Every person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller, at any time and free of charge, information about the personal data stored about them and a copy of this information. Furthermore, the European legislator has granted the data subject the right to obtain information about the following Furthermore, the European Directive and Regulation has granted the data subject access to the following information:

  • the processing purposes
  • the categories of personal data that are processed
  • the recipients or categories of recipients to whom the personal data has been or will be disclosed , in particular recipients in third countries or international organizations
  • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
  • the existence of a right to rectification or erasure of personal data concerning them or to restriction of processing by the controller or a right to object to such processing
  • the existence of a right to lodge a complaint with a supervisory authority
  • if the personal data is not collected from the data subject: all available information about the origin of the data
  • the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and — at least in these cases — meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

  Furthermore, the data subject has the right to obtain information on whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in connection with the transfer.

  If a data subject wishes to exercise this right of access, they may contact an employee of the controller responsible for the processing at any time.

• c) Right to rectification

  Every person affected by the processing of personal data has the right granted by the European legislator to request the immediate correction of inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data, taking into account the purposes of the processing, including by means of a supplementary statement.

  If a data subject wishes to exercise this right of rectification, they may contact an employee of the data controller at any time.

• d) Right to erasure (right to be forgotten)

  Any person affected by the processing of personal data has the right granted by the European legislator to request the controller to delete personal data concerning them without delay, provided that one of the following reasons applies and insofar as the processing is not necessary:

  • The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
  • The data subject withdraws their consent on which the processing was based in accordance with Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.
  • The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR .
  • The personal data has been processed unlawfully.
  • The erasure of the personal data is necessary for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • The personal data has been collected in relation to the services offered by information society services pursuant to Art. 8(1) GDPR .

  If one of the above reasons applies and a data subject wishes to have personal data stored by MarkLook deleted, they may contact an employee of the controller at any time. The MarkLook employee will ensure that the deletion request is complied with immediately.

  If the personal data has been made public by MarkLook and our company is obliged to delete the personal data as the controller pursuant to Art. 17 (1) GDPR, MarkLook shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other controllers who process the published personal data, that the data subject has requested these other controllers to delete all links to this personal data or copies or replications of this personal data insofar as processing is not necessary. The MarkLook employee will take the necessary steps in each individual case. e)

• e) Right to restriction of processing

  Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to request the controller to restrict processing if one of the following conditions is met:

  • The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful, the data subject refuses to have the personal data deleted and instead requests the restriction of the use of the personal data.
  • The controller no longer needs the personal data for the purposes of processing, but the data subject needs it to assert, exercise, or defend legal claims.
  • The data subject has objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.

  If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by MarkLook, they may contact an employee of the controller responsible for processing at any time. The MarkLook employee will arrange for the restriction of processing. f) Right to data portability

• f) Right to data portability

  Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to receive the personal data concerning them, which has been provided by the data subject to a controller, in a structured, common, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. 9(2)(a) of the GDPR or on a contract pursuant to Art. 6(1)(b) of the GDPR and the processing is carried out using automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

  Furthermore, when exercising their right to data portability pursuant to Art. 20 (1) GDPR, the data subject has the right to obtain the transfer of personal data directly from one controller to another controller, insofar as this is technically feasible and does not adversely affect the rights and freedoms of others.

  To assert the right to data portability, the data subject may contact a MarkLook employee at any time. g)

• g) Right to object

  Any person affected by the processing of personal data has the right granted by the European legislator to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions. MarkLook will no longer process the personal data in the event of an objection, unless we can demonstrate compelling

  MarkLook will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing serves to assert, exercise, or defend legal claims.

  If MarkLook processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing purposes. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to MarkLook processing for the purposes of direct marketing, MarkLook will no longer process the personal data for these purposes.

  In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them that is carried out by MarkLook for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 (1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest .

  To exercise the right to object, the data subject may contact any MarkLook employee or another employee directly. The data subject is also free to exercise their right to object in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications .

• h) Automated individual decision-making, including profiling

  Any person affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which has legal effect on them or similarly significantly affects them, unless the decision is necessary has legal effects concerning them or similarly significantly affects them, unless the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is based on Union or Member State law to which the controller is subject, and that law provides for appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is based on the data subject's explicit consent.

  If the decision is (1) necessary for entering into, or performance of, a contract between the data subject and the controller or (2) based on the data subject's explicit consent, MarkLook shall implement appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, including at least the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision. If the data subject wishes to assert rights with regard to automated decisions, they may contact

  If the data subject wishes to assert rights in relation to automated decisions, they may contact an employee of the controller at any time.

• i) Right to withdraw consent under data protection law

  Any person affected by the processing of personal data has the right, granted by the European legislator, to withdraw consent to the processing of personal data at any time.

  If the data subject wishes to exercise their right to withdraw consent, they may contact an employee of the controller at any time.

6. Legal basis for processing

Art. 6 I lit. a GDPR serves as the legal basis for our company for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises were injured and his or her name, age, health insurance details, or other vital information had to be passed on to a doctor, hospital, or other third party. In this case, the processing would be based on Art. 6 I lit. d GDPR. would have to be passed on to a doctor, hospital, or other third parties. In this case, the processing would be based on Art. 6 I lit. d GDPR . Finally, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis covers processing operations that are not covered by any of the above legal bases if the processing is necessary to safeguard a legitimate interest of our company or a third party , provided that the interests, fundamental rights, and freedoms of the data subject do not prevail. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2 GDPR).

7. Legitimate interests in processing pursued by the controller or a third party

If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the performance of our business activities for the benefit of all our employees and our shareholders.

8. Duration for which personal data is stored

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the performance or initiation of a contract.

9. Legal or contractual requirements for the provision of personal data; necessity for the conclusion of a contract; obligation of the data subject to provide personal data; possible consequences of failure to provide data

We would like to clarify that the provision of personal data is partly required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., information about the contractual partner). In some cases, it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we then processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will clarify to the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what consequences failure to provide the personal data would have.

10. Existence of automated decision-making

As a responsible company, we refrain from automated decision-making or profiling.

This privacy policy was created by the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer in Ingolstadt in cooperation with IT and data protection lawyer Christian Solmecke.