I. Processor Details
The NEARWEEK AG (hereinafter “NEAR” or “we” or “us”) is the responsible party for the processing of personal data collected through your use of our website https://nearweek.com/ as per the applicable data protection laws, in particular the Swiss Data Protection Act (DPA) and – if applicable to your personal data – the European General Data Protection Regulation (GDPR). We have our registered domicile at Chamerstrasse 12 C, 6300 Zug, Switzerland. For any queries regarding your personal data, please contact us at the following address: firstname.lastname@example.org.
II. How we process your personal data
We only process your personal data if this is necessary to provide a functional website or to provide you with our contents and services. The processing of personal data only takes place based on the appropriate legal basis and as permitted by law.
2. Legal Basis for Processing under GDPR
Insofar as we are required to obtain the consent of the data subject for the processing of personal data, we will obtain your prior consent and Art. 6 para. 1 lit. a GDPR serves as the legal basis for the processing of the corresponding data. If the processing of personal data required for the performance of a contract to which you are a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual services or measures. Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6 para 1lit. d GDPR serves as the legal basis. If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDRP serves as the legal basis.
3. Duration of Processing
We only store your personal data for as long as necessary to serve the purpose of the processing and we delete personal data or block access to it as soon as such purpose ceases to apply. Furthermore, personal data may be stored if this has been provided for by the applicable law (for example for book keeping or mandatory archiving purposes). The data will also be blocked or deleted if a storage period prescribed by the applicable law expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.
III. Website Access and Logfiles
1. Automated Data Processing
Every time you visit our website, our system automatically collects data and information about the computer system you used to access our website. The following data is collected:
- Browser information (type and version)
- Operating system
- Your internet service provider
- Your IP address
- Date and time of access
- Websites from which your system reaches our website
- Websites accessed by the user’s system via our website
2. Cookies, tracking and technologies relating to the use of our website
3. Purpose of Processing
The data is stored in log files to ensure the functionality of the website. In addition, the data serves us to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. For data processing subject to GDPR, these purposes are our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR.
4. Duration of Processing
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. If the data is stored in log files, deletion occurs after seven days at the latest. Further storage is possible. In this case, the IP addresses of the users are deleted or anonymized.
5. No Objection
The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on your part.
IV. Your Rights
You have the following rights under the applicable data protection laws:
1. Right of Information
You can request us to confirm whether personal data concerning you is being processed by us If such processing has taken place, you can request the following information from us:
- The purposes for which the personal data are processed;
- the categories of personal data being processed;
- the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed;
- the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
- the existence of a right to rectification or deletion of personal data concerning you, a right to limitation of processing by the controller or a right to object to such processing;
- the existence of a right of appeal to a supervisory authority;
- any available information on the origin of the data if the personal data are not collected from the data subject;
- if the processing is subject to GDPR, the existence of automated decision-making including profiling in accordance with Art. 22 para. 1 and 4 GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.
2. Right to Rectification
You have a right of rectification and/or completion if the personal data processed concerning you are incorrect or incomplete. We shall make the correction without delay.
3. Right of Restriction
Under the following conditions, you may request that the processing of your personal data be restricted:
- if you dispute the accuracy of the personal data concerning you for a period that enables us to verify the accuracy of the personal data;
- the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
- we no longer need the personal data for the purposes of the processing, but you do need them to assert, exercise or defend legal claims;
- or if you have filed an objection to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.
4. Right to Deletion
5. a) Obligation to Delete Personal Data
You may request us to delete the personal data relating to you without delay and we are obliged to delete this data without delay if one of the following reasons applies:
- The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
- You revoke your consent, on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
- You file an objection against the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21 para. 2 GDPR.
- The personal data concerning you have been processed unlawfully.
- The deletion of personal data relating to you is necessary to fulfil a legal obligation to which we are subject.
- The personal data concerning you were collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.
5. b) Exceptions
- The right to deletion does not exist insofar as the processing is necessary
- to exercise freedom of expression and information;
- for the performance of a legal obligation required for processing under the applicable law or for the performance of a task in the public interest or in the exercise of official authority conferred on the controller;
- for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the right mentioned under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or
- to assert, exercise or defend legal claims
V. Right to Notification
If you have exercised your right to have us correct, delete or limit the processing, we are obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort.
VI. Data Portability
You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. In addition, you have the right to pass this data on to another person in charge without obstruction by us, provided that
- processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
- processing is carried out by means of automated methods.
VII. Right to Objection
You have the right to object at any time, for reasons arising from your particular situation, to the processing of your personal data based on Article 6 para 1 lit. e or f GDPR; this also applies to profiling based on these provisions. In such case we shall no longer process the personal data concerning you, unless we can prove compelling reasons worthy of protection for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims. If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing. If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
IIX. Right to Withdraw Consent
You have the right to revoke your declaration of consent at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.
IX. Right of Appeal to Supervisory Authority
Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, if you believe that the processing of personal data concerning you is contrary to the applicable law.