Data protection statement

With this privacy policy, we inform you about the personal data we process in connection with our activities and tasks, including our website https://www.creationbaumann.com/. We provide information in particular about what, how, and where we process personal data. We also provide information about the rights of individuals whose data we process.

For specific or additional activities and tasks, additional privacy policies as well as other legal documents such as General Terms and Conditions (GTC), Terms of Use, or Participation Conditions may apply.

We are subject to Swiss data protection law and, where applicable, foreign data protection law, in particular that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognizes that Swiss data protection law ensures adequate data protection.

1. Contact Addresses

Responsible for the processing of personal data:

Création Baumann AG
Bern-Zürich-Strasse 23
4900 Langenthal
Switzerland
datenschutz@creationbaumann.com

We will inform if there are other responsible parties for the processing of personal data in individual cases.

2. Terms and Legal Bases

2.1 Terms

Personal data includes any information relating to a specific or identifiable person. An affected person is a person whose personal data is being processed.

Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, acquisition, collection, deletion, storage, alteration, destruction, and use of personal data.

The European Economic Area (EEA) includes the member states of the European Union (EU) as well as the Principality of Liechtenstein, Iceland, and Norway.

The General Data Protection Regulation (GDPR) refers to the processing of personal data.

2.2 Legal Bases

We process personal data in accordance with Swiss data protection law, in particular the Federal Data Protection Act (DSG) and the Ordinance to the Federal Data Protection Act (VDSG).

We process – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – personal data in accordance with at least one of the following legal bases:

  • Art. 6(1)(b) DSGVO for the necessary processing of personal data to fulfill a contract with the data subject and to carry out pre-contractual measures.
  • Art. 6(1)(f) DSGVO for the necessary processing of personal data to safeguard our legitimate interests or those of third parties, unless the fundamental freedoms and rights and interests of the data subject outweigh. Legitimate interests include, in particular, our interest in being able to exercise our activities and tasks permanently, user-friendly, securely, and reliably and to be able to communicate about them, ensuring information security, protection against misuse, enforcement of our own legal claims, and compliance with Swiss law.
  • Art. 6(1)(c) DSGVO for the necessary processing of personal data to fulfill a legal obligation to which we are subject under the law of member states of the European Economic Area (EEA).
  • Art. 6(1)(e) DSGVO for the necessary processing of personal data for the performance of a task carried out in the public interest.
  • Art. 6(1)(a) DSGVO for the processing of personal data with the consent of the data subject.
  • Art. 6(1)(d) DSGVO for the necessary processing of personal data to protect the vital interests of the data subject or another natural person.

3. Type, Scope, and Purpose

We process those personal data that are necessary to carry out our activities and tasks permanently, user-friendly, securely, and reliably. Such personal data may include, in particular, inventory and contact data, browser and device data, content data, meta or metadata, and usage data, location data, sales data, as well as contract and payment data.

We process personal data for the duration that is necessary for the respective purpose or as required by law. Personal data that is no longer necessary for processing will be anonymized or deleted.

We may have personal data processed by third parties. We may process personal data together with third parties or transmit it to third parties. Such third parties are particularly specialized providers whose services we use. We also ensure data protection with such third parties.

We only process personal data with the consent of the data subject unless processing is permissible for other legal reasons. Processing without consent may be permissible, for example, to fulfill a contract with the data subject and for corresponding pre-contractual measures, to safeguard our overriding legitimate interests because processing is apparent from the circumstances, or after prior information.

In this context, we process in particular information that an affected person voluntarily transmits to us when contacting us – for example, by letter, email, instant messaging, contact form, social media, or telephone – or when registering for a user account. We may store such information, for example, in an address book, a Customer Relationship Management (CRM) system, or with comparable tools. If we receive data about other people, the transmitting persons are obliged to ensure data protection for these individuals and to ensure the accuracy of this personal data.

4. Applications

We process personal data of applicants as far as they are necessary for assessing the suitability for an employment relationship or for the subsequent implementation of an employment contract. The necessary personal data are obtained mainly from the provided information, for example, within the context of a job advertisement. Furthermore, we process those personal data that applicants voluntarily disclose or publish, particularly as part of cover letters, resumes, and other application documents, as well as online profiles.

We process – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – personal data of applicants in accordance with Art. 9 (2) lit. b DSGVO.

5. Personal data abroad

We generally process personal data in Switzerland and the European Economic Area (EEA). However, we may also export or transmit personal data to other states, especially for processing them there or having them processed.

We may export personal data to all states and territories on Earth and elsewhere in the universe, provided that the respective law, according to the decision of the Swiss Federal Council, ensures adequate data protection and – if and to the extent that the GDPR is applicable – according to the decision of the European Commission, ensures adequate data protection.

We may transmit personal data to states where the law does not guarantee adequate data protection, as long as data protection is ensured for other reasons, especially based on standard data protection clauses or other suitable guarantees. In exceptional cases, we may export personal data to states without adequate or appropriate data protection if the specific data protection requirements are met, for instance, with the explicit consent of the individuals concerned or in direct connection with the conclusion or performance of a contract. We will gladly provide affected individuals with information about any existing guarantees or supply a copy of such guarantees upon request.

6. Rights of data subjects

Data subjects whose personal data we process have rights according to Swiss data protection law. This includes the right to information, as well as the right to rectify, delete, or block the processed personal data.

Data subjects, whose personal data we process, may – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – request free of charge confirmation whether we process personal data concerning them. In this case, data subjects can request information about the processing of their personal data, restrict the processing of their personal data, exercise their right to data portability, and correct, delete (“right to be forgotten”), block, or complete their personal data.

Data subjects, whose personal data we process, may – if and to the extent that the GDPR is applicable – revoke their given consent at any time with effect for the future and object to the processing of their personal data at any time.

Data subjects whose personal data we process have the right to lodge a complaint with a competent supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

7. Data Security

We implement appropriate technical and organizational measures to ensure data security commensurate with the respective risk. However, we cannot guarantee absolute data security.

Access to our website is secured using transport encryption (SSL / TLS, particularly with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers indicate transport encryption with a padlock icon in the address bar.

Our digital communication is subject to mass surveillance without cause or suspicion and other monitoring by security authorities in Switzerland, the rest of Europe, the United States of America (USA), and other countries, as is typical for any digital communication. We have no direct control over the processing of personal data by intelligence agencies, law enforcement agencies, and other security authorities.

8. Website Usage

8.1 Cookies

We may use cookies, both first-party cookies (our own cookies) and third-party cookies from services we use. Cookies are data stored in the browser and may not be limited to traditional text-form cookies.

Cookies can be stored in the browser temporarily as “session cookies” or for a specific period as so-called “persistent cookies.” Session cookies are automatically deleted when the browser is closed. Persistent cookies have a specific storage duration. Cookies enable us, in particular, to recognize a browser on the next visit to our website, thereby measuring the reach of our website, among other purposes. Persistent cookies may also be used for online marketing.

Cookies can be disabled or deleted entirely or partially in the browser settings. However, without cookies, our website may not be fully functional. We ask, at least where necessary, for explicit consent to use cookies.

For cookies used for success and reach measurement or advertising, you can generally opt out through 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).

8.2 Server Log Files

For each access to our website, we may collect the following information transmitted from your browser to our server infrastructure or that can be determined by our web server: date and time, including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system, including user interface and version, browser, including language and version, specific subpage of our website accessed, including transferred data volume, and the last website visited in the same browser window (referrer).

We store such information, which may also constitute personal data, in server log files. This information is necessary to provide our website on an ongoing, user-friendly, reliable basis and to ensure data security and, in particular, the protection of personal data, even through third parties or with the assistance of third parties.

8.3 Tracking Pixels

We may use tracking pixels on our website, also known as web beacons. Tracking pixels, including those from third parties whose services we use, are small, typically invisible images that are automatically retrieved when visiting our website. The same information as in server log files can be collected through tracking pixels.

9. Notifications and Communications

We send notifications and communications via email and other communication channels such as instant messaging or SMS.

9.1 Success and Reach Measurement

Notifications and communications may contain web links or tracking pixels to record whether a single notification was opened and which web links were clicked. Such web links and tracking pixels may also collect usage data for notifications and communications on a personal basis. We require this statistical data to measure the success and reach of notifications and communications effectively and user-friendly and to send them continuously, securely, and reliably based on the needs and reading habits of the recipients.

9.2 Consent and Objection

Generally, you must explicitly consent to the use of your email address and other contact details, unless the use is permitted for other legal reasons. We strive to use the “Double Opt-in” procedure for possible consent, which means you will receive an email with a web link that you must click to confirm, to prevent misuse by unauthorized third parties. We may log such consent, including the Internet Protocol (IP) address, date, and time, for evidence and security purposes.

You can generally object to receiving notifications and communications, such as newsletters, at any time. By exercising this objection, you may also object to the statistical data collection for success and reach measurement. Necessary notifications and communications related to our activities and operations remain reserved.

9.3 Notification and Communication Service Providers

We send notifications and communications with the help of specialized service providers.

We particularly use:

10. Social Media

We maintain a presence on social media platforms and other online platforms to communicate with interested individuals and 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 terms and conditions, privacy policies, and other provisions of the respective platform operators apply to these platforms. These provisions provide information on the rights of data subjects directly in relation to the respective platform, including the right to access information.

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

For further information on the type, scope, and purpose of data processing, information on the rights of data subjects, as well as contact details of Facebook and Facebook’s data protection officer, please refer to Facebook’s Privacy Policy. We have concluded the so-called “Controller Addendum” with Facebook, which particularly stipulates that Facebook is responsible for ensuring the rights of data subjects. For information about Page Insights, please refer to the “Information about Page Insights” page, including “Information about Page Insights data.”

11. Third-Party Services

We use services provided by specialized third parties to conduct our activities and operations on an ongoing, user-friendly, secure, and reliable basis. With the help of such services, we can embed functions and content into our website. During such embedding, the used services collect the Internet Protocol (IP) addresses of users for technical reasons.

For necessary security-related, statistical, and technical purposes, third parties whose services we use may process data related to our activities and operations in an aggregated, anonymized, or pseudonymized form. This may include performance or usage data necessary to provide the respective service.

We use, in particular:

11.1 Digital Infrastructure

We use services provided by specialized third parties to access the required digital infrastructure in connection with our activities and operations. This includes hosting and storage services from selected providers.

We use, in particular:

11.2 Contact Possibilities

We use services provided by selected providers to communicate better with third parties, such as potential and existing customers.

11.3 Audio and Video Conferences

We use specialized services for audio and video conferences to communicate online. With these services, we can hold virtual meetings, conduct online courses, and host webinars, for example. For participating in audio and video conferences, the additional legal texts of the individual services apply, such as privacy policies and terms of use.

We recommend that, depending on the life situation, participants mute the microphone by default when joining audio or video conferences and blur the background or use a virtual background.

We use, in particular:

11.4 Map Material

We use services provided by third parties to embed maps into our website.

We use, in particular:

11.5 Digital Audio and Video Content

We use services provided by specialized third parties to enable direct playback of digital audio and video content, such as music or podcasts.

We use, in particular:

11.6 E-Commerce

We conduct e-commerce and use services provided by third parties to successfully offer services, content, or goods.

11.7 Advertising

We use the opportunity to display targeted advertisements for our activities and operations on platforms such as social media and search engines.

With such advertising, we aim to reach individuals who are already interested in or could be interested in our activities and operations (remarketing and targeting). To do this, we may transmit relevant – possibly also personal – information to third parties that enable such advertising. We may also determine whether our advertising is successful, particularly in terms of whether it leads to visits to our website (conversion tracking).

Third parties on which we advertise, and where you are logged in as a user, may potentially assign the use of our online offerings to your profile there.

We use, in particular:

12. Website Extensions

We use extensions for our website to enable additional features. Specifically, we use:

13. Success and Reach Measurement

We use services and programs to determine how our online offerings are used. Within this framework, we can measure the success and reach of our activities and operations, as well as the impact of third-party links to our website. We may also experiment and compare how different versions of our online offerings or parts of our online offerings are used (A/B testing method). Based on the results of success and reach measurement, we can fix errors, strengthen popular content, or make improvements to our online offerings.

When using services and programs for success and reach measurement, individual users’ Internet Protocol (IP) addresses must be stored. IP addresses are generally truncated (IP masking) to follow the principle of data minimization and improve the privacy of users.

When using services and programs for success and reach measurement, cookies may be used, and user profiles may be created. User profiles may include, for example, the pages visited or content viewed on our website, information about the screen size or browser window, and the approximate location. In general, user profiles are created in a pseudonymized manner. We do not use user profiles to identify individual users. Some third-party services, where users are logged in, may potentially associate the use of our online offerings with the user’s account or profile on the respective service.

We use, in particular:

  • Google Tag Manager: Integration and management of other services for success and reach measurement, as well as other services from Google and third parties. Provider: Google. Specific information for Google Tag Manager: “Data Collected by Google Tag Manager.” Further information on data protection can be found in the individual integrated and managed services.

14. Final Provisions

We reserve the right to amend and supplement this privacy policy at any time. We will inform about such amendments and supplements in an appropriate form, especially by publishing the current privacy policy on our website.