In this privacy policy, we, the Ginesta Immobilien AG, explain how we collect and otherwise process personal data. This is not an exhaustive description; other privacy policies or general terms and conditions, terms of participation and similar documents may govern specific matters. Personal data means all information relating to an identified or identifiable person.
If you provide us with personal data of other persons (e.g. family members, data of work colleagues), please make sure that these persons are aware of this privacy policy, and only disclose their personal data to us if you are permitted to do so and if that personal data is accurate.
This privacy policy is aligned with the requirements of the EU General Data Protection Regulation («GDPR»), the Swiss Data Protection Act («DPA») and the revised Swiss Data Protection Act («revDPA»). Whether and to what extent these laws apply, however, depends on the individual case.
Responsible for the data processing described here is (unless stated otherwise in an individual case):
Ginesta Immobilien AG
Dreikönigstrasse 34
8002 Zürich
www.ginesta.ch
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If you have any data protection concerns, you can send them to us at the contact address above.
We primarily process the personal data that we receive in the course of our business relationship with our clients and other business partners from them and from other persons involved, or that we collect from the users of our websites, apps and other applications when operating them.
Where permitted, we also obtain certain data from publicly accessible sources (e.g. debt collection registers, land registers, the commercial register, the press, the internet) or receive such data from other companies, from authorities and other third parties. In addition to the data you give us directly, the categories of personal data we receive about you from third parties include in particular information from public registers, information we learn in connection with administrative and judicial proceedings, information relating to your professional functions and activities (so that we can, for example, conclude and carry out business with your employer with your assistance), information about you contained in correspondence and meetings with third parties, credit reports (insofar as we conduct business with you personally), information about you provided by persons in your environment (family, advisors, legal representatives, etc.) so that we can conclude or perform contracts with you or involving you (e.g. references, your address for deliveries, powers of attorney, information relating to compliance with legal requirements such as anti-money laundering rules and export restrictions), information from banks, insurers, distribution partners and other contractual partners of ours regarding your use or provision of services (e.g. payments made, purchases made), information about you from the media and the internet (where appropriate in the specific case, e.g. in connection with an application, press review, marketing/sales, etc.), your addresses and, where applicable, interests and other socio-demographic data (for marketing purposes), and data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring website, location data).
The personal data we collect is used primarily to fulfil our contractual obligations towards clients and business partners. This also includes the purchase of products and services from our suppliers and subcontractors. We also use this data to comply with our legal obligations, both in Switzerland and abroad. If you work for such a client or business partner, your personal data may of course also be affected in that capacity.
In addition, where permitted and where we consider it appropriate, we process personal data about you and other persons for the following purposes as well, in which we (and sometimes also third parties) have a legitimate interest corresponding to the purpose:
Insofar as you have given us your consent to process your personal data for specific purposes (for example when subscribing to newsletters or when a background check is carried out), we process your personal data within the scope of and on the basis of that consent, provided we have no other legal basis and we require one. Consent given may be withdrawn at any time, which however has no effect on data processing that has already taken place.
On our websites we typically use «cookies» and comparable techniques by which your browser or your device can be identified. A cookie is a small file that is sent to your computer or automatically stored by the web browser used on your computer or mobile device when you visit our website. If you visit this website again, we can recognise you in this way, even if we do not know who you are. Alongside cookies that are used only during a session and deleted after your website visit («session cookies»), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) («permanent cookies»). You can, however, configure your browser to reject cookies, to store them only for one session, or to delete them prematurely. Most browsers are preset to accept cookies. We use permanent cookies so that you can save user settings (e.g. language, auto-login), so that we can better understand how you use our offerings and content, and so that we can show you offers and advertising tailored to you (which may also happen on websites of other companies; these companies do not, however, learn from us who you are, if we know that at all, since they only see that the same user is on their website who was also on a particular page of ours). Some of these cookies are set by us, some also by contractual partners with whom we cooperate. If you block cookies, certain functionalities (such as language selection, shopping basket, ordering processes) may no longer work.
In our newsletters and other marketing e-mails we sometimes include, where permitted, both visible and invisible image elements; by their retrieval from our servers we can determine whether and when you opened the e-mail, so that here too we can measure and better understand how you use our offerings and can tailor them to you. You can block this in your e-mail program; most are preset to do so.
By using our websites and by consenting to receive newsletters and other marketing e-mails, you agree to the use of these techniques. If you do not want this, you must configure your browser or your e-mail program accordingly.
On our websites we sometimes use Google Analytics or comparable services. This is a service provided by third parties who may be located in any country in the world (in the case of Google Analytics it is Google Ireland (based in Ireland); Google Ireland relies on Google LLC (based in the USA) as a processor (both «Google»), www.google.com), by means of which we can measure and evaluate the use of the website (not on a personal basis). Permanent cookies set by the service provider are also used for this purpose. We have configured the service so that the IP addresses of visitors are truncated by Google in Europe before being transferred to the USA and can therefore not be traced back. The service provider receives no personal data from us (and also does not retain IP addresses). We have switched off the «data sharing» and «signals» settings. Although we may assume that the information we share with Google is not personal data for Google, it is possible that Google may, for its own purposes, draw conclusions about the identity of visitors from this data, create personal profiles and link this data to the Google accounts of these persons. Insofar as you have registered with the service provider yourself, the service provider also knows who you are. The processing of your personal data by the service provider then takes place under the service provider’s responsibility and in accordance with its data protection provisions. The service provider only informs us how our respective website is used (no information about you personally).
On our websites we also use so-called plug-ins from social networks such as Facebook, Twitter, YouTube, Pinterest or Instagram. This is always apparent to you (typically through corresponding icons). We have configured these elements so that they are deactivated by default. If you activate them (by clicking on them), the operators of the respective social networks may register that you are on our website and where, and may use this information for their own purposes. The processing of your personal data then takes place under the responsibility of that operator and in accordance with its data protection provisions. We receive no information about you from the operator.
In the course of our business activities and for the purposes set out in Section 3, we also disclose data to third parties, where permitted and where we consider it appropriate, either because they process it for us or because they wish to use it for their own purposes. This concerns in particular the following parties:
all together recipients.
Some of these recipients are located in Switzerland, but they may be anywhere in the world. In particular, you must expect your data to be transferred to all countries in which Ginesta Immobilien AG is represented by group companies, branch offices or other offices, as well as to other countries in Europe and to the USA, where the service providers we use are located (such as Microsoft, SAP, Amazon, Salesforce.com).
If a recipient is located in a country without adequate statutory data protection, we contractually oblige the recipient to comply with the applicable data protection requirements (for this purpose we use the revised standard contractual clauses of the European Commission, which are available here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless the recipient is already subject to a legally recognised set of rules ensuring data protection and unless we can rely on an exemption. An exemption may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests, or where the performance of a contract requires such disclosure, where you have consented, or where the data concerned is data that you have made generally accessible and to whose processing you have not objected.
We process and store your personal data for as long as is necessary to fulfil our contractual and legal obligations or otherwise to achieve the purposes pursued with the processing, i.e. for example for the duration of the entire business relationship (from initiation and performance through to termination of a contract) as well as beyond that in accordance with statutory retention and documentation obligations. It is possible that personal data will be retained for the period during which claims may be brought against our company and insofar as we are otherwise legally obliged to do so or legitimate business interests require it (e.g. for evidentiary and documentation purposes). As soon as your personal data is no longer required for the purposes stated above, it will as a rule and where possible be deleted or anonymised. For operational data (e.g. system protocols, logs), shorter retention periods of twelve months or less apply as a rule.
We take appropriate technical and organisational security measures to protect your personal data against unauthorised access and misuse, such as issuing instructions, training, IT and network security solutions, access controls and restrictions, encryption of storage media and transmissions, pseudonymisation and audits.
In the context of our business relationship, you must provide the personal data that is necessary for entering into and performing a business relationship and for fulfilling the associated contractual obligations (as a rule, you are under no legal obligation to provide us with data). Without this data, we will generally not be able to conclude or perform a contract with you (or with the entity or person you represent). The website also cannot be used if certain information required to ensure data traffic (such as the IP address) is not disclosed.
We process your personal data partly in an automated manner with the aim of evaluating certain personal aspects (profiling). We use profiling in particular in order to be able to inform and advise you about products in a targeted way. In doing so, we use evaluation tools that enable us to carry out needs-based communication and advertising, including market and opinion research.
For the establishment and performance of the business relationship, and otherwise as well, we generally do not use fully automated individual decision-making (as governed, for example, by Art. 22 GDPR). Should we use such procedures in individual cases, we will inform you separately about this, insofar as this is required by law, and inform you about the associated rights.
Within the scope of the data protection law applicable to you, and to the extent provided for therein (such as in the case of the GDPR), you have the right to information, rectification and erasure, the right to restriction of processing and otherwise to object to our data processing, in particular processing for the purposes of direct marketing, profiling carried out for direct advertising and other legitimate interests in the processing, as well as the right to receive certain personal data for the purpose of transfer to another entity (so-called data portability). Please note, however, that we reserve the right to invoke the restrictions provided for by law on our part, for example where we are obliged to retain or process certain data, have an overriding interest in doing so (insofar as we are permitted to rely on this), or require the data to assert claims. If you incur any costs, we will inform you in advance. We have already provided information about the possibility of withdrawing your consent in Section 3. Please note that exercising these rights may conflict with contractual arrangements and that this may have consequences such as early termination of the contract or cost implications. In such cases we will inform you in advance, where this is not already governed by contract.
Exercising such rights generally requires that you clearly prove your identity (e.g. by means of a copy of an identity document, where your identity is not otherwise clear or cannot be verified). To assert your rights, you may contact us at the address given in Section 1.
Every data subject also has the right to enforce their claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
We may amend this privacy policy at any time without prior notice. The version currently published on our website applies. Insofar as this privacy policy forms part of an agreement with you, we will inform you of any update by e-mail or in another appropriate manner.
Ginesta Immobilien AG
Dreikönigstrasse 34
8002 Zürich
