1. General information
This data protection statement provides information on how DAMKE Attorneys at Law (hereinafter referred to as DAMKE) processes your personal data when you visit our website www.damke.ch (hereinafter referred to as the website), use our services or otherwise contact DAMKE within the framework of a contract or communicate with us. Any deviating provisions in contracts, declarations of consent, specific data protection declarations or forms take precedence over this data protection declaration.
This data protection declaration is designed to meet the requirements of the Swiss Data Protection Act (DSG) and the EU General Data Protection Regulation (DSGVO). Whether and to what extent these laws are applicable depends on the individual case.
2. Responsible party
DAMKE itself is responsible under data protection law for the data processing described in this data protection declaration, unless otherwise communicated in individual cases. You can contact DAMKE for your data protection concerns as follows:
DAMKE Attorneys at Law
3000 Berne 6
Tel.: 031 326 10 10
3. Origin and nature of personal data
We process personal data which we receive from you or involved third parties within the scope of our mandate relationship or which we collect ourselves. This includes, for example, name and contact details as well as information about the role of the persons concerned in the company or organisation for which you or the respective contact persons work or on whose behalf you or they contact us.
We also process personal data that we receive in our correspondence with third parties (namely clients, counterparties, authorities and courts and their employees or other contact persons) in the context of the mandate relationship (e.g. name, contact data, date of birth, information on employment, income situation, family relationships, state of health and criminal convictions).
We also collect some personal data ourselves from public registers or websites (e.g. land register).
In principle, you are not obliged to disclose your personal data. However, in the context of our client relationships and for communication purposes, we need certain personal data from you. Otherwise we will not be able to answer your enquiries, conclude a contract with you and provide our services properly.
4. Processing purposes
We process the above-mentioned types of personal data exclusively in order to provide, document and invoice our legal services and to be able to communicate with you, other contracting parties, authorities and courts.
In addition, we process your personal data in the interest of appropriate professional relationship management (e.g. sending Christmas cards, invitations to events, information about news from our law firm, etc.). You may refuse such processing at any time by notifying us.
5. Use of tracking techniques on our website
We use "cookies" and similar techniques on our website to identify your browser or device. A cookie is a small text file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you use when you visit our website. Both the technical data we collect and cookies generally do not contain any personal data. You can configure your browser in such a way that no cookies are stored on your computer or a message always appears before a cookie is installed. You will find further information on this on the help pages of your browser. Complete deactivation of cookies can lead to the website not functioning or not functioning completely (e.g. language function).
In addition, we use Google Maps on our website, a service provided by Google Ireland (based in Ireland). Google Maps is an internet mapping service which we use to provide our clients with information about the location of our office and how to get there. In order for Google Maps to fully fulfil its purpose, it is necessary for your data to be recorded, transmitted and stored on Google servers. The data collected includes search terms entered, IP addresses and latitude and longitude coordinates. When using the route planner function, the starting address entered is also stored. By integrating Google Maps into the DAMKE website, Google sets at least one cookie (so-called NID cookie) in your browser. The data storage takes place on the websites of Google Maps, over which DAMKE has no influence. As mentioned above, you can prevent the storage of cookies in your browser by restricting or switching off the storage and reading of cookies.
6. Necessary cookies
These cookies are necessary for the operation of the website and therefore cannot be deselected.
Storage duration: Session
Necessary standard cookie to use session data with PHP.
Storage duration: 30 days
Saves that the cookie or privacy notice is not displayed again on every call.
Storage duration: 30 days
Remembers the user decision whether to allow external components to be loaded automatically.
Storage duration: Session
Prevents re-recording in the Weblication® statistics when a page is called.
7. Transfer of data
In order to achieve the purposes mentioned above, it may be necessary to pass on your personal data to external service providers (e.g. IT providers), business partners with whom we may have to coordinate the provision of legal services, counterparties and their legal representatives as well as authorities and courts. These recipients may in turn involve third parties.
We process and store personal data mainly in Switzerland. However, recipients may also be located abroad. In the case of a transfer to a country without adequate legal data protection, we contractually oblige the recipient to maintain an adequate level of data protection (for this purpose we use the revised standard contractual clauses of the European Commission with the necessary supplements for Switzerland). Disclosure to a country without an adequate level of data protection may also take place without the conclusion of a contract if we can rely on an exemption clause for this. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the performance of a contract which is in your interest requires such disclosure (e.g. if we disclose data to law firms abroad), if you have consented or if it concerns data which you have made generally accessible and the processing of which you have not objected to.
8. Retention period
We only store personal data for as long as is necessary to process the mandate, for as long as there is a legal obligation to store and document the data or for as long as we have an overriding private or public interest in doing so. Longer storage may also be necessary for technical reasons if certain data cannot be separated from other data and must be stored together with them (e.g. in the case of backups or document management systems).
9. Data security
We take appropriate technical and organisational measures to protect your personal data from unauthorised access, misuse or loss, in particular through IT and network security solutions, encryption of data carriers and transmissions, issuing internal directives, access controls and restrictions, etc. We also oblige our employees to protect your personal data from unauthorised access, misuse or loss. We also require our contractors to take appropriate security measures.
In particular, data subjects have the right to obtain information about the personal data stored about them and the purpose of the data processing, the right to have their personal data corrected and to have it deleted or restricted, the right to object to the processing, the right to take legal action before a competent supervisory authority, and the right to data transmission and transfer. Please note that these rights are subject to conditions, exceptions and limitations. For example, we may or must retain or otherwise continue to process personal data despite a request to delete the personal data or restrict processing for legal reasons.
To exercise your rights, you can contact DAMKE using the contact details listed in section 2 above. In order to be able to identify you to prevent misuse, we require an identity card or a copy of an identity card from you.