Privacy Policy

This Privacy Policy sets out what personal data we process in connection with our activities, operations, services, applications, and platforms. In particular, we provide information about what we process personal data for, how we process it and where we process it. We also provide information about the rights of individuals whose data we process.

For individual or additional activities and operations, further data protection declarations as well as other legal documents such as general terms and conditions (GTC), terms of use or conditions of participation may apply.

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

1. Contact addresses

Responsibility for the processing of personal data:

TwinCap First AG
Favreweg 1
8304 Wallisellen
Switzerland

info@twincapfirst.ch

We point out if there are other persons responsible for the processing of personal data in individual cases.

1.1 Data protection officer

We have the following data protection officer as a point of contact for data subjects and as a contact for supervisory authorities in the event of data protection-related enquiries:

Christoph Schoch
Favreweg 1
8304 Wallisellen
Switzerland

info@twincapfirst.ch

1.2 Data protection representation in the European Economic Area (EEA)

We have the following data protection representation in accordance with Article 27 of the GDPR. The Data Protection Representation serves as an additional point of contact for supervisory authorities and data subjects in the European Union (EU) and the rest of the European Economic Area (EEA) for enquiries related to the General Data Protection Regulation (GDPR):

Christoph Schoch
Bahnhofstraße 32
72458 Albstadt
Germany

info@twincapfirst.ch

2. Terms and legal basis

2.1 Terms

Personal data is any information relating to an identified or identifiable individual. A data subject is a person about whom personal data are processed.

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

The European Economic Area (EEA) comprises 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 as the processing of personal data.

We process personal data in accordance with Swiss data protection law, such as in particular the Federal Data Protection Act (DPA) and the Ordinance to the Federal Data Protection Act (FADP).

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 para. 1 lit. b DSGVO for the necessary processing of personal data for the performance of a contract with the data subject as well as for the implementation of pre-contractual measures.
  • Art. 6 para. 1 lit. f DSGVO for the necessary processing of personal data to protect the legitimate interests of us or of third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests are, in particular, our interest in being able to carry out our activities and operations permanently, in a user-friendly, secure and reliable manner and to communicate about them, the guarantee of information security, protection against misuse, the enforcement of our own legal claims, and compliance with Swiss law.
  • Art. 6 para. 1 lit. c DSGVO for the necessary processing of personal data to comply with a legal obligation to which we are subject under any applicable law of Member States in the European Economic Area (EEA)
  • Art. 6 para. 1 lit. e DSGVO for the necessary processing of personal data for the performance of a task carried out in the public interest.
  • Art. 6 para. 1 lit. a DSGVO for the processing of personal data with the consent of the data subject.
  • Art. 6 para. 1 lit. d DSGVO for the necessary processing of personal data to protect vital interests of the data subject or another natural person.

3. Nature, scope and purpose

We process those personal data that are necessary to carry out our activities and operations in a durable, user-friendly, secure and reliable manner. Such personal data may in particular fall into the categories of inventory and contact data, browser and device data, content data, meta or marginal data and usage data, location data, sales data and contract and payment data. We process personal data that is necessary for us to carry out our activities and operations in a sustainable, user-friendly, secure and reliable manner.

We process personal data for the period necessary for the relevant purpose(s) or as required by law. Personal data whose processing is no longer necessary will be anonymised or deleted.

We may process personal data for the period of time necessary for the purpose(s) in question or required by law. We may have personal data processed by third parties. We may process personal data jointly with third parties or transmit it to third parties. Such third parties are, in particular, specialised providers whose services we use. We also guarantee data protection for such third parties. We process personal data jointly with third parties.

We process personal data as a matter of principle only with the consent of the data subject, unless the processing is permitted for other legal reasons, for example to fulfil a contract with the data subject and for corresponding pre-contractual measures, to protect our overriding legitimate interests, because the processing is evident from the circumstances or after prior information.

In this context, we process in particular information that a data subject provides to us voluntarily and ourselves when contacting us – for example by letter post, email, instant messaging, contact form, social media or telephone – or when registering for a user account. For example, we may store such information in an address book, customer relationship management (CRM) system or similar means. If we receive data about other persons, the transmitting persons are obliged to ensure data protection vis-à-vis such persons as well as to ensure the accuracy of such personal data.nWe also process personal data on a voluntary basis.

We also process personal data that we receive from third parties, obtain from publicly accessible sources or collect in the course of our activities and operations, if and to the extent that such processing is permitted for legal reasons.

Within the TwinCap group of companies, currently consisting of TwinCap First (Deutschland) GmbH and TwinCap First AG with its registered office in Switzerland, a transfer of your personal data may be considered for the purpose of process standardisation, cost reduction or for reasons of IT security.

In addition, your personal data will be passed on to the following external recipients,

  • if it is necessary for the clarification or prosecution of illegal or abusive incidents, to our legal advisors, the law enforcement authorities and, if applicable, to injured third parties – however, this only happens if there are concrete indications of illegal or abusive behaviour;
  • upon request, to certain public authorities to whom we are obliged to provide information, such as law enforcement authorities, authorities that prosecute administrative offences subject to fines and the tax authorities;
  • occasionally, we rely on contracted third-party companies and external service providers, such as IT service providers, business advisors, lawyers, insurers and financial institutions, to fulfil the purposes described in this Privacy Policy. In such cases, information is passed on to these companies or individuals to enable them to carry out further processing. These external service providers are carefully selected and regularly checked by us to ensure that your data is only used for the purposes we specify and in accordance with applicable data protection laws.
  • We may also transfer data to third parties (e.g. debt collection companies) for the purpose of enforcing claims in accordance with Art. 6 (1) (b) and/or (f) DSGVO, to the extent permitted by law.
  • As part of the further development of our business, the structure of our company may change by changing the legal form, founding, buying or selling subsidiaries, parts of companies or components. We will ensure that any disclosure of personal data to third parties to the extent described above will be in accordance with this privacy policy and the relevant data protection laws.

Otherwise, your personal data will only be passed on to third parties if this is necessary for the performance of an existing contract with you or your company, if the transfer is permissible on the basis of a balancing of interests in the sense of Art. 6 Para. 1 lit. f) DSGVO, if we are legally obliged to pass on the data or if you have given your consent in this respect.

4. Applications

We process personal data about applicants to the extent that it is necessary for the assessment of suitability for an employment relationship or for the subsequent performance of an employment contract. The necessary personal data results in particular from the information requested, for example in the context of a job advertisement. We also process the personal data that applicants provide voluntarily, in particular as part of the cover letter, CV and other application documents.

We process – if and insofar as the General Data Protection Regulation (DSGVO) is applicable – personal data about applicants in particular in accordance with Art. 9 para. 2 lit. b DSGVO.

5. Personal data abroad

We process personal data in principle in Switzerland and the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular in order to process it or have it processed there.

We may export personal data to all states and territories on Earth and elsewhere in the universe, provided the law there is in accordance with assessment of the Federal Data Protection and Information Commissioner (FDPIC) or according to the decision of the Swiss Federal Council, and – if and insofar as the General Data Protection Regulation (GDPR) is applicable – according to decision of the European Commission.

We may transfer personal data to countries whose law does not ensure adequate data protection, provided that data protection is ensured for other reasons, in particular on the basis of standard data protection clauses or with other appropriate safeguards. By way of exception, we may export personal data to countries without adequate or appropriate data protection if the special data protection law requirements are met, for example the express consent of the data subjects or a direct connection with the conclusion or performance of a contract. We will be happy to provide data subjects with information about any guarantees or provide a copy of any guarantees on request.

6. Rights of data subjects

Data subjects whose personal data we process have rights under Swiss data protection law. These include the right to information as well as the right to rectification, deletion or blocking of the personal data processed. Data subjects have the right to access their personal data.

Data subjects whose personal data we process may – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – obtain confirmation free of charge as to whether we are processing their personal data and, if so, request information about the processing of their personal data, have the processing of their personal data restricted, exercise their right to data portability and have their personal data corrected, deleted («right to be forgotten»), blocked or completed.

Data subjects whose personal data we process may – if and insofar as the GDPR applies – revoke consent they have given at any time with future effect and object to the processing of their personal data at any time.

Data subjects whose personal data we process have a right of appeal to 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 take appropriate technical and organisational measures to ensure data security appropriate to the risk involved. Unfortunately, however, we cannot guarantee absolute data security.

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

Our digital communication is subject to – as basically any digital communication – to mass surveillance without cause and without suspicion as well as other surveillance by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We cannot have any direct influence on the corresponding processing of personal data by secret services, police agencies and other security authorities.

8. Use of the website

8.1 Cookies

We may use cookies. Cookies – our own cookies (first-party cookies) as well as cookies from third parties whose services we use (third-party cookies) – are data stored in the browser. Such stored data need not be limited to traditional cookies in text form.

Cookies can be stored in the browser temporarily as «session cookies» or for a certain period of time as so-called permanent cookies. «Session cookies» are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. Cookies make it possible in particular to recognise a browser the next time it visits our website and thus, for example, to measure the reach of our website. However, permanent cookies can also be used for online marketing, for example.

Cookies can be completely or partially deactivated and deleted at any time in the browser settings. Without cookies, our website may no longer be fully available. We actively request – at least if and to the extent necessary – your express consent to the use of cookies.

For cookies that are not stored on your computer, we ask for your consent.

For cookies used for performance and reach measurement or for advertising, a general objection («opt-out») is available for many services via the 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 logfiles

We may collect the following information for each access to our website, provided that this information is transmitted by your browser to our server infrastructure or 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, individual sub-page of our website accessed including amount of data transferred, website last accessed in the same browser window (referer or referrer).

We store such information, which may also constitute personal data, in server log files. The information is necessary to provide our website in a permanent, user-friendly and reliable manner and to ensure data security and thus in particular the protection of personal data – also by third parties or with the help of third parties.

We store such information, which may also represent personal data, in server log files.

8.3 Tracking pixels

We may use tracking pixels on our website. Tracking pixels are also known as web beacons. Tracking pixels – including those from third parties whose services we use – are small, usually invisible images that are automatically retrieved when you visit our website. Counting pixels can be used to collect the same information as server log files.

9. Notifications and communications

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

9.1 Performance and reach measurement

Notifications and communications may contain web links or tracking pixels that record whether an individual communication has been opened and which web links have been clicked on. Such web links and tracking pixels may also track usage of notifications and communications on a personal basis. We need this statistical recording of usage for performance and reach measurement in order to be able to send notifications and communications effectively and in a user-friendly manner based on the needs and reading habits of the recipients, as well as permanently, securely and reliably.

You must basically expressly consent to the use of your e-mail address and other contact addresses, unless the use is permitted for other legal reasons. For any consent, we use the «double opt-in» procedure where possible, i.e. you receive an e-mail with a web link that you must click to confirm, so that no misuse by unauthorised third parties can take place. We may log such consents, including Internet Protocol (IP) address, date and time, for evidence and security reasons.

You can in principle object to receiving notifications and communications such as newsletters at any time. With such an objection, you can simultaneously object to the statistical recording of use for performance and reach measurement. This is without prejudice to necessary notifications and communications in connection with our activities and operations.

9.3 Notifications and communications-service-providers

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

We use in particular:

  • MailPoet: email marketing software («Better Email for WordPress-Powered Websites»); providers: WooCommerce Ireland Ltd. (Ireland) for users in Australia, all European countries, Japan, Canada, Mexico, New Zealand and Russia, partly together with Automattic Inc. (USA) and WooCommerce Inc. (USA) / WooCommerce Inc. (USA) for users in other states and territories on earth as well as elsewhere in the universe, partly jointly with Automattic Inc. (USA); Privacy information: Privacy Policy.

10. Social Media

We are present on social media platforms and other online platforms in order to be able to communicate with interested persons as well as to inform them about our activities and operations. In connection with such platforms, personal data may also be processed outside of Switzerland and the European Economic Area (EEA).

The General Terms and Conditions (GTC) and Terms of Use as well as data protection declarations and other provisions of the individual operators of such platforms also apply in each case. These provisions inform in particular about the rights of data subjects directly vis-à-vis the respective platform, which includes, for example, the right to information.

We are jointly responsible with Meta Platforms Ireland Limited (Ireland) for our Social Media presence on Facebook, including the so-called Page Insights, if and to the extent that the GDPR is applicable. Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). Page Insights provides information about how visitors interact with our Facebook presence. We use Page Insights to help us deliver our social media presence on Facebook in an effective and user-friendly way.

Further information on the nature, scope and purpose of data processing, information on the rights of data subjects and the contact details of Facebook as well as Facebook’s data protection officer can be found in the Data Protection Statement of Facebook. We have entered into the so-called «Responsible Party Addendum» with Facebook and have thereby agreed in particular that Facebook is responsible for ensuring the rights of data subjects. For the so-called Page Insights, the relevant information can be found on the page «Page Insights Information» including «Page Insights Data Information».

11. Third party services

We use third party services to enable us to carry out our activities and operations in a durable, user-friendly, secure and reliable manner. Such services allow us to, among other things, embed features and content on our website. In the case of such embedding, the services used record the Internet Protocol (IP) addresses of the users at least temporarily for technically compelling reasons.

For necessary security, statistical and technical purposes, third parties whose services we use may process data related to our activities and operations in aggregated, anonymised or pseudonymised form. This is, for example, performance or usage data in order to be able to offer the respective service.

We use in particular:

11.1 Digital infrastructure

We use third party services to access required digital infrastructure in connection with our activities and operations. This includes, for example, hosting and storage services from specialist providers.

We use in particular:

11.2 Contact options

We use third party services to better communicate with third parties such as potential as well as existing customers.

We use in particular:

  • Freshworks: Customer Relationship Management (CRM) and Customer Service; Provider: Freshworks Inc (USA); Privacy Disclosures: Privacy Policy.

11.3 Scheduling

We use third party services to schedule appointments, for example for meetings. In addition to this privacy policy, any directly visible terms and conditions of the services used, such as terms of use or privacy statements, also apply in each case.

11.4 Audio and Video Conferencing

We use specialised audio and video conferencing services to enable us to communicate online. For example, we can use them to hold virtual meetings or conduct online classes and webinars. For participation in audio and video conferences, the legal texts of the individual services, such as data protection declarations and terms of use, apply in addition.

We recommend, depending on the life situation, to mute the microphone by default when participating in audio or video conferences as well as to blur the background or to have a virtual background faded in.

We use in particular:

11.5 Social Media Features and Social Media Content

We use third party services and plugins to embed features and content from social media platforms, as well as to enable sharing of content on social media platforms and other means.

We use in particular:

11.6 Maps

We use third party services to embed maps on our website.

We use in particular:

11.7 Audio-visual media

We use third party services to enable the direct playback of audio-visual media, such as music or videos, on our website.

We use in particular:

11.8 Documents

We use third party services to enable us to embed documents on our website. Such documents may include, for example, forms, PDF files, presentations, spreadsheets and text documents.

We use in particular:

11.9 Fonts

We use third party services to embed selected fonts, as well as icons, logos and symbols, on our website.

We use in particular:

11.10 Payments

We use specialised service providers to process payments from our customers securely and reliably. The legal texts of the individual service providers, such as the General Terms and Conditions (GTC) or data protection declarations, also apply to the processing of payments.

We use in particular:

12. Extensions for the website

We use extensions for our website to enable us to use additional features.

We use in particular:

13. Success and reach measurement

We use services and programmes to determine how our online offer is used. In this context, we may, for example, measure the success and reach of our activities and operations and the effect of third-party links to our website. However, we can also, for example, test and compare how different versions of our online offer or parts of our online offer are used («A/B test» method). Based on the results of the performance and reach measurement, we can in particular correct errors, strengthen popular content or make improvements to our online offering.

When using services and programmes for performance and reach measurement, the Internet Protocol (IP) addresses of individual users must be stored. IP addresses are basically shortened («IP masking») in order to follow the principle of data economy through the corresponding pseudonymisation and thus to improve the data protection of users.

When using services and programmes for performance and reach measurement, cookies may be used and user profiles may be created. User profiles include, for example, the pages visited or content viewed on our website, information on the size of the screen or browser window and the – at least approximate – location. In principle, user profiles are only created pseudonymously. We do not use user profiles to identify individual users. Individual services of third parties with which users are registered can, at most, assign the use of our online offer to the user account or user profile with the respective service.

We use in particular:

  • Google Analytics: Performance and reach measurement; Provider: Google; Google Analytics-specific information: Measurement also across different browsers and devices (cross-device tracking) as well as with pseudonymised Internet Protocol (IP) addresses, which are only exceptionally transmitted in full to Google in the USA, «Privacy», «Browser Add-on to disable Google Analytics».

14. Final provisions

We have created this privacy policy using the Privacy Policy Generator from Privacy Partners.

We may amend and supplement this Privacy Policy at any time. We will inform about such adjustments and additions in an appropriate form, in particular by publishing the respective current data protection declaration on our website.

This privacy policy is a machine translation from German. Please inform us, if you detect any errors. Contact