Dr. Peik Langerwisch Consulting
Dr. Peik Langerwisch
Disclaimer of liability
The author assumes no liability for the correctness, accuracy, timeliness, reliability and completeness of the information. Liability claims against the author due to material or immaterial damage resulting from the access or use or non-use of the published information, misuse of the connection or technical faults are excluded. All offers are non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without special announcement or to temporarily or permanently cease publication.
Disclaimer for links
References and links to third party websites are outside our area of responsibility. Any responsibility for such websites are rejected. Accessing and using such websites is at the user's own risk.
The copyright and all other rights to content, images, photos or other files on this website belong exclusively to Peik Langerwisch or the specifically named rights holders, insofar as they are not copyright-free photos. The written consent of the copyright holder must be obtained in advance for the reproduction of any elements.
Terms of Service(As of 01.05.2021)
The English version of the Terms of Service is a translation of the German version of the Terms of Services. In case of any mis-translation or interpretation, the German version is the legally binding version.
Dr. Peik Langerwisch, hereinafter referred to as the "service provider", fulfills orders with the greatest care and objectivity that serve the interests of the seller, landlord or lessor - hereinafter referred to as the "property provider" - and the prospective buyer or tenant - hereinafter referred to as "interested party" - and both collectively called "contractual partner" - represented within the framework of the generally accepted commercial principles and customs.
1. Type of service
The service includes the provision of property descriptions and the mediation for the purchase, rental or lease of land, houses, apartments, commercial properties and other real estate. Errors, prior sale / subletting are reserved. The information and documentation relating to the property is based on information provided by third parties. The intermediary endeavors to obtain complete and truthful information about contractual partners or objects. However, no liability can be accepted for their correctness and completeness.
All or part of the service provision can be delegated to partners who have already entered into contractual obligations with property providers. In this case, the agency and the partner create a temporary agency relationship. In such cases, the obligations of the partners with the property providers have priority. The obligations of the interested party are unaffected.
2. Owner information
The intermediary determines that the information it passes on is from the property provider or from a third party authorized by the property provider and that the information has not been checked for accuracy by the service provider. It is up to the interested party to check that this information is true. The intermediary assumes no liability for the accuracy of the information passed on.
The intermediary requests data required by law from the property provider or the third party authorized by the property provider. The mediator expressly assumes no liability for the fact that these documents and data are made available and assumes no liability for the completeness and correctness of the documents and data.
3. Agency agreement
A brokerage contract is concluded when you as a contract partner, i.e. make use of one or more offers from the service provider, both as a property provider or as the interested party, by contacting me, one of my partners or directly with the property provider or property prospect. By using the website and contacting the intermediary by post, email, fax, telephone, through the Internet or in any other way - these GTC will come into force and will be recognized by the interested party / property provider.
4. Double activity
The intermediary may work for both the property provider and the interested party.
6. Limitation of liability
The liability of the mediator is limited to grossly negligent or willful behavior insofar as the contractual partner does not suffer physical damage or loses his life due to the mediator's behavior.
7. Commission claim
The commission claim arises as soon as a contract has been concluded through the mediation or due to the provision of the property information by the mediator, even if the mediator was not involved in the conclusion of the contract. It is sufficient if the activity of the service provider was one of the causes of the conclusion of the contract. The commission is due upon conclusion of the contract when the invoice is issued. The commission claim arises e.g. B. also for rent instead of purchase or lease instead of purchase or rent instead of lease.
Sellers sometimes offer their properties in different currencies, the exchange rates are stored manually and are only used for orientation. There may be slight deviations fromt the daily exchange rate in the representation of the desired currency.
The commission calculation takes place on the basis of the concluded commission agreement and in the amount specified in the commission agreement. As a general rule, the commission is paid by the property provider. Exceptions to this are special agreements with interested parties that relate to specific search orders with increased workload.
In the case of a lease or rent, the payment of a down payment or the taking over of an object also count as a contract.
The commission claim arises in particular if, through the brokerage or due to the provision of the property information by the broker, the purchase is made on terms that deviate from the offer or the desired economic success is achieved through an equivalent contract or the purchase from an auction. This also applies if a contract is concluded for another object of the proven contractual partner.
The commission is also payable if rights to the object are transferred to someone other than the legal form provided for in the offer, or if the object is partially or excessively acquired.
The entitlement to commission remains if the contract that has been concluded expires due to dissolving conditions. The same applies if the contract is canceled due to a contractual partner's reservation to withdraw or is canceled or not fulfilled for other reasons that are personal. If the contract is successfully contested, the part of the contract that has set the ground for contestation is obliged to pay compensation.
8. Bypass Exclusion
As soon as the intermediary is involved for a specific property, the interested party is not permitted to arrange the property provider independently without the knowledge of the intermediary or to enter into contractual agreements with the property provider. If the interested party violates this obligation and if he/she or a third party signs a purchase, rental or lease agreement with the property provider, which excludes the service provider from the property provider's commission, the interested party is obliged to provide the service provider with the agreed commission to pay.
9. Subsidiary agreements
Additional agreements to the offers of the service provider require written confirmation to be legally effective.
10. Notification obligation
The service provider or his partner is entitled to be present when the contract is concluded. He must be informed of an appointment in good time. The service provider is also entitled to a copy of the contract and all related agreements. If contract negotiations and / or contract conclusion take place without the presence of the intermediary, the contracting parties are obliged to provide information about both the contract status and the contractual terms.
The limitation period for all claims for damages by the contractual partner against the service provider is 3 years. It begins at the time when the act triggering the obligation to pay compensation has been committed. If the statutory limitation rules in individual cases lead to a shorter limitation period for the service provider, these apply.
12. Indemnification in the event of violations of the terms and conditions
You agree to defend, indemnify, and hold the publisher harmless from any liability, cost, and expense, including reasonable attorney's fees, related to any violation of these Terms and Conditions by you.
13. Place of performance and jurisdiction
The place of performance and jurisdiction is Herrliberg. If the service provision is delegated in whole or in part to partners who have already entered into contractual obligations with property providers, the place of performance and place of jurisdiction of the partner applies.
14. Severability clause
Should one of the above clauses be or become ineffective in whole or in part, the validity of the remaining provisions is not affected.
Data protectionResponsible body in terms of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:
Dr. Peik Langerwisch
Phone: +41 79 227 9631
1. General information
Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Confederation (Data Protection Act, DSG), every person has the right to protection of their privacy and protection against misuse of their personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.
In cooperation with our hosting providers, we strive to protect the databases as well as possible from outside access, loss, misuse or counterfeiting.
We would like to point out that data transmission over the Internet (e.g. when communicating by email) can have security gaps. It is not possible to completely protect data from third-party access.
By using this website, you agree to the collection, processing and use of data as described below. This website can generally be visited without registration. Data such as pages viewed or the name of the file accessed, date and time are stored on the server for statistical purposes without this data being directly related to you personally. Personal data, in particular name, address or email address, are collected on a voluntary basis as far as possible. The data will not be passed on to third parties without your consent.
2. Processing of personal data
Personal data is all information that relates to a specific or identifiable person. A data subject is a person whose data are processed. Processing includes all handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, deletion, storage, modification, destruction and use of personal data.
We process personal data in accordance with Swiss data protection law. In addition, we process - insofar as the EU GDPR is applicable - personal data in accordance with the following legal bases in connection with Art. 6 Para. 1 GDPR:
- ) Processing of personal data in order to fulfill a contract with the data subject and to carry out corresponding pre-contractual measures.
- ) Processing of personal data to fulfill a legal obligation to which we are subject according to any applicable law of the EU or according to any applicable law of a country in which the GDPR is fully or partially applicable.
- ) Processing of personal data in order to protect the vital interests of the data subject or another natural person.
- ) Processing of personal data in order to safeguard the legitimate interests of us or third parties, provided that the fundamental freedoms and fundamental rights as well as the interests of the data subject do not prevail. Legitimate interests are in particular our business interest in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.
4. Data protection declaration for SSL / TLS encryption
This website uses SSL / TLS encryption for security reasons and to protect the transmission of confidential content, such as the inquiries you send to us as the website operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http: //" to "https: //" and by the lock symbol in your browser line.
If SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.
5. Data protection declaration for server log files
The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
- Browser type and browser version
- Operating system used
- Referrer URL
- Host name of the accessing computer
- Time of the server request
6. Third party services
This website uses Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam as well as YouTube for embedding videos.
Google is committed to ensuring adequate data protection in accordance with the American-European and American-Swiss Privacy Shield.
Further information can be found in Google's data protection declaration. https://policies.google.com/privacy?hl=en-US
7. Data protection declaration for the contact form
If you send us inquiries using the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. We will not pass on this data without your consent.
8. Rights of data subjects
Right to confirmation
Every data subject has the right to request confirmation from the operator of the website as to whether personal data concerning data subjects are processed.
If you would like to exercise this right of confirmation, you can contact the data protection officer at any time.
Right to information
Every person affected by the processing with personal data has the right to receive free information from the operator of this website at any time about the personal data stored about him and a copy of this information. In addition, the following information can be provided if necessary:
- the processing purposes
- The categories of personal data that are processed
- The recipients to whom the personal data have been or will be disclosed
- If possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of a right to correction or deletion of your personal data or restriction of processing by the controller or a right to object to this processing
- the right to lodge a complaint with a supervisory authority
- if the personal data is not collected from the data subject: all available information about the origin of the data
The data subject also has the right to information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to receive information about the appropriate guarantees in connection with the transfer. If you would like to exercise this right to information, you can contact our data protection officer at any time.
Right to rectification
Any person affected by the processing of personal data has the right to request the immediate correction of incorrect personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data - also by means of a supplementary statement.
If you would like to exercise this right to correction, you can contact our data protection officer at any time.
Right to erasure (right to be forgotten)
Any person affected by the processing of personal data has the right to request the person responsible for this website to delete the personal data relating to them immediately, provided that one of the following reasons applies and if the processing is not necessary:
- The personal data were collected for such purposes or otherwise processed for which they are no longer necessary
- The data subject withdraws their consent on which the processing was based and there is no other legal basis for the processing
- The data subject objects to the processing for reasons that arise from their particular situation and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing in the case of direct advertising and the associated profiling
- The personal data was processed unlawfully
- The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which the controller is subject
- The personal data was collected in relation to information society services offered that were made directly to a child
If one of the above reasons applies and you would like to have personal data stored by the operator of this website deleted, you can contact our data protection officer at any time. The data protection officer of this website will arrange for the request for deletion to be complied with immediately.
Right to restriction of processing
Any person affected by the processing of personal data has the right to request that the person responsible for this website restrict processing if one of the following conditions applies:
- The correctness of the personal data is contested by the data subject, for a period of time that enables the controller to check the correctness of the personal data
- The processing is unlawful, the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted
- The controller no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims
- The data subject has objected to the processing for reasons arising from their particular situation and it has not yet been determined whether the legitimate reasons of the controller outweigh those of the data subject
If one of the above conditions is met, you would like to request the restriction of personal data stored by the operator of this website, you can contact our data protection officer at any time. The data protection officer of this website will arrange for the processing to be restricted.
Right to data portability
Every person affected by the processing of personal data has the right to receive the personal data concerning them in a structured, common and machine-readable format. You also have the right to have this data transferred to another person responsible if the legal requirements are met.
Furthermore, the data subject has the right to have the personal data transferred directly from one responsible person to another responsible person, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other people.
To assert the right to data portability, you can contact the data protection officer appointed by the operator of this website at any time.
Right to object
Any person affected by the processing of personal data has the right to object to the processing of personal data relating to them at any time for reasons arising from their particular situation.
The operator of this website no longer processes the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing that outweigh the interests, rights and freedoms of the data subject, or if the processing of the assertion, exercise or Defense of legal claims.
To exercise the right to object, you can contact the data protection officer of this website directly.
Right to withdraw consent under data protection law
Any person affected by the processing of personal data has the right to revoke their consent to the processing of personal data at any time.
If you would like to exercise your right to withdraw consent, you can contact our data protection officer at any time.
9. Data protection declaration for objection to advertising emails
We hereby object to the use of contact data published within the scope of the imprint obligation for sending unsolicited advertising and information material. The operators of the pages expressly reserve the right to take legal action in the event of unsolicited promotional information, such as spam e-mails.
10. Use of Google Maps
This website uses Google Maps. This enables us to show you interactive maps directly on the website and enables you to conveniently use the map function. When you visit the website, Google receives the information that you have accessed the corresponding subpage of our website. This takes place regardless of whether Google provides a user account that you are logged in to or whether there is no user account. If you are logged in to Google, your data will be assigned directly to your account. If you do not want your profile to be assigned to Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and / or the needs-based design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have a right to object to the creation of these user profiles, but you must contact Google to exercise them. For more information on the purpose and scope of data collection and its processing by Google, you can find further information on your rights in this regard and setting options to protect your privacy at:
11. Google AdWords
This website uses Google conversion tracking. If you have reached our website via an advertisement placed by Google, Google Adwords will set a cookie on your computer. The cookie for conversion tracking is set when a user clicks on an ad placed by Google. These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of our website and the cookie has not yet expired, we and Google can recognize that the user clicked on the ad and was redirected to this page. Every Google AdWords customer receives a different cookie. Cookies cannot therefore be tracked via the websites of AdWords customers. The information obtained using the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. Customers learn the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they will not receive any information that can be used to personally identify users.
If you do not want to participate in the tracking, you can refuse the setting of a cookie required for this - for example by setting your browser, which generally deactivates the automatic setting of cookies or set your browser so that cookies from the domain "googleleadservices.com" are blocked.
Please note that you must not delete the opt-out cookies as long as you do not want measurement data to be recorded. If you have deleted all your cookies in the browser, you have to set the respective opt-out cookie again.
12. Use of Google remarketing
13. Data protection declaration for Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the person responsible for data processing on this website is outside the European Economic Area or Switzerland, Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as "Google".
Using the statistics obtained, we can improve our offer and make it more interesting for you as a user. This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. If you have a Google user account, you can deactivate the cross-device analysis of your usage in the settings under "My data", "Personal data".
The legal basis for the use of Google Analytics is Art. 6 Para. 1 S. 1 lit. f GDPR. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. For the exceptional cases in which personal data are transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
You can also prevent the use of Google Analytics by clicking on this link: Deactivate Google Analytics. As a result, a so-called opt-out cookie is saved on your data carrier, which prevents the processing of personal data by Google Analytics. Please note that if you delete all cookies on your device, these opt-out cookies will also be deleted, i.e. you will have to set the opt-out cookies again if you want to continue to prevent this form of data collection. The opt-out cookies are set for each browser and computer / device and must therefore be activated separately for each browser, computer or other device.
14. Data protection declaration for Google Ads
Due to the marketing tools used, your browser automatically establishes a direct connection to the Google server. By integrating Google Ads, Google receives the information that you have called up the corresponding part of our website or clicked on an advertisement from us. If you are registered with a Google service, Google can assign the visit to your account. Even if you are not registered with Google or have not logged in, there is a possibility that Google will find out and save your IP address. You can prevent participation in this tracking process in a number of ways:
- by setting your browser software accordingly, in particular suppressing third-party cookies means that you will not receive any third-party advertisements;
- by deactivating the cookies for conversion tracking by setting your browser so that cookies from the domain «www.googleadservices.com» are blocked, https://adssettings.google.com, this setting being deleted if you Delete your cookies;
- by deactivating the interest-based ads of the providers that are part of the “About Ads” self-regulation campaign via the link https://www.aboutads.info/choices, this setting being deleted when you delete your cookies;
- by permanent deactivation in your browsers Firefox, Internet Explorer or Google Chrome under the link https://www.google.com/settings/ads/plugin. We would like to point out that in this case you may not be able to use all functions of this offer to their full extent.
The legal basis for the processing of your data is a balance of interests, according to which the processing of your personal data described above does not conflict with your overriding interests (Art. 6 Para. 1 S. 1 lit. f GDPR). Further information on Google Ads from Google can be found at https://ads.google.com/intl/de_EN/home/, as well as data protection at Google in general: https://www.google.de/intl/de/policies/privacy. Alternatively, you can visit the website of the Network Advertising Initiative (NAI) at https://www.networkadvertising.org.
15. Google Tag Manager
Google Tag Manager is a solution with which we can manage so-called website tags via an interface, e.g. Integrate Google Analytics and other Google marketing services into our online offer. The Tag Manager itself, which implements the tags, does not process any personal data of the users. With regard to the processing of users' personal data, reference is made to the following information about Google services. Usage guidelines: https://www.google.com/intl/de/tagmanager/use-policy.html.
16. Data protection declaration for Facebook
This website uses features from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. When you access our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. Data is already being transferred to Facebook. If you have a Facebook account, this data can be linked to it. If you do not want this data to be assigned to your Facebook account, please log out of Facebook before visiting our site. Interactions, in particular the use of a comment function or the clicking of a "Like" or "Share" button are also passed on to Facebook. Find out more at
17. Data protection declaration for Instagram
Functions of the Instagram service are integrated on our website. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the contents of our pages to your Instagram profile by clicking the Instagram button. This enables Instagram to assign your visit to our website to your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the data transmitted or its use by Instagram.
We use the marketing services of the social network LinkedIn from LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland (“LinkedIn”) within our online offer.
This records, for example, information about the operating system, the browser, the website you previously called up (referrer URL), which websites the user visited, which offers the user clicked on, and the date and time of your visit to our website.
The information generated by the cookie about your use of this website is pseudonymized and transmitted to a LinkedIn server in the USA and stored there. LinkedIn does not save the name or the email address of the respective user. Rather, the above-mentioned data is only assigned to the person for whom the cookie was generated. This does not apply if the user has allowed LinkedIn to process the data without pseudonymization or if the user has a LinkedIn account.
You can prevent the storage of cookies by setting your browser software accordingly; we would like to point out, however, that in this case you may not be able to use all the functions of this website to their full extent. You can also object to the use of your data directly on LinkedIn: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.
We use LinkedIn Analytics to analyze the use of our website and to improve it on a regular basis. We can use the statistics obtained to improve our offer and make it more interesting for you as a user. All LinkedIn companies have accepted the Standard Contractual Clauses to ensure that the data traffic to the USA and Singapore necessary for the development, implementation and maintenance of the services takes place in a lawful manner. If we ask users for their consent, the legal basis for processing is Article 6 (1) (a) GDPR. Otherwise, the legal basis for the use of LinkedIn Analytics is Art. 6 Para. 1 S. 1 lit.f GDPR.
This website uses functions from Twitter, Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA. When you visit our pages with Twitter plug-ins, a connection is established between your browser and the Twitter servers. Data is already being transmitted to Twitter. If you have a Twitter account, this data can be linked to it. If you do not want this data to be assigned to your Twitter account, please log out of Twitter before visiting our website. Interactions, in particular clicking a “re-tweet” button, are also passed on to Twitter. Find out more at https://twitter.com/privacy
On this website we use social plugins from the social network Pinterest, which is operated by Pinterest Inc., 808 Brannan Street San Francisco, CA 94103-490, USA ("Pinterest"). When you call up a page that contains such a plugin, your browser establishes a direct connection to the Pinterest servers. The plugin transmits log data to the Pinterest server in the USA. This log data may contain your IP address, the address of the websites visited, which also contain Pinterest functions, the type and settings of the browser, the date and time of the request, your use of Pinterest and cookies.
Further information on the purpose, scope and further processing and use of the data by Pinterest as well as your rights and options for protecting your privacy can be found in Pinterest's data protection information: https://twitter.com/privacy
21. Brokerage services
We process the data of our customers, clients and interested parties (uniformly referred to as «customers») according to the data protection provisions of the federal government (data protection law, DSG) and the EU GDPR according to Art. 6 Para. 1 lit. b. GDPR to provide you with our contractual or pre-contractual services. The data processed here, the type, scope and purpose and the necessity of their processing are determined by the underlying order. This basically includes inventory and master data of the customers (name, address, etc.), as well as the contact details (email address, telephone, etc.), the contract data (content of the order, fees, terms, information on the brokered companies / Insurers / benefits) and payment data (commissions, payment history, etc.). We can also process information about the characteristics and circumstances of people or things belonging to them if this is part of the subject of our order. This can be e.g. information about personal life circumstances, mobile or immovable property.
As part of our assignment, it may also be necessary for us to have special categories of data in accordance with Art. 9 Para. 1 GDPR, in particular processing information about the health of a person. For this, we collect, if necessary, according to Art. 6 para. 1 lit a., Art. 7, Art. 9 para. 2 lit. a GDPR express consent from customers.
If required for the fulfillment of the contract or legally required, we disclose or transmit the customer data in the context of coverage inquiries, conclusions and execution of contracts, data to providers of the brokered services / objects, insurers, reinsurers, broker pools, technical service providers, other service providers, such as e.g. cooperating associations, as well as financial service providers, credit institutions and investment companies, as well as social insurance institutions, tax authorities, tax consultants, legal advisers, auditors, insurance ombudsmen and the Swiss Financial Market Authority (FINMA) or the Federal Financial Supervisory Authority (BaFin). We can also commission subcontractors such as Sub-intermediary. We obtain the customer's consent if this is necessary for the disclosure / transmission of the customer's consent (which may be the case, for example, in the case of special categories of data in accordance with Art. 9 GDPR).
The data will be deleted after the expiry of statutory warranty and comparable obligations, with the necessity of storing the data being checked at irregular intervals. Otherwise, the statutory retention requirements apply. In the case of statutory archiving obligations, deletion takes place after its expiration.
22. Contractual services
We process the data of our contractual partners and interested parties as well as other clients, customers, clients, clients or contractual partners (referred to collectively as «contractual partners») in accordance with. the data protection provisions of the federal government (data protection law, DSG) and the EU GDPR according to Art. 6 Para. 1 lit. b. GDPR to provide you with our contractual or pre-contractual services. The data processed here, the type, scope and purpose and the necessity of their processing are determined by the underlying contractual relationship.
The processed data includes the master data of our contractual partners (e.g. names and addresses), contact details (e.g. email addresses and telephone numbers) as well as contract data (e.g. services used, contract content, contractual communication, names of contact persons) and payment data (e.g. bank details, payment history ).
We generally do not process special categories of personal data, unless these are components of commissioned or contractual processing.
We process data that are necessary for the establishment and fulfillment of the contractual services and point out the necessity of their specification, provided that this is not evident to the contractual partners. Disclosure to external persons or companies only takes place if it is required under a contract. When processing the data provided to us in the context of an order, we act in accordance with the instructions of the client and the legal requirements.
As part of the use of our online services, we can save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the interests of the users in the protection against misuse and other unauthorized use. As a matter of principle, this data will not be passed on to third parties unless it is used to pursue our claims in accordance with. Art. 6 para. 1 lit. f. GDPR required or there is a legal obligation to do so in accordance with. Art. 6 para. 1 lit. c. GDPR.
The data will be deleted when the data is no longer required to fulfill contractual or statutory care obligations and to deal with any warranty and comparable obligations, the necessity of storing the data being checked at irregular intervals. Otherwise, the statutory retention requirements apply.
23. Notice regarding data transfers to the USA (United States of America)
For the sake of completeness, we would like to point out that for users based in Switzerland, there are surveillance measures by the US authorities, which generally enable the storage of all personal data from Switzerland - which has been transmitted to the USA.
This is done without differentiation, limitation or exception based on the objectives pursued and without an objective criterion that makes it possible to restrict the access and subsequent use of the data by the US authorities to very specific, strictly limited purposes, which are those with access to to justify this data and the interventions associated with its use. In addition, we would like to point out that there are no legal remedies in the USA for data subjects from Switzerland that would allow access to the data relating to you and to have it corrected or deleted, or there is no effective judicial protection against general access rights of US authorities. We explicitly point out to the data subject this legal and factual situation in order to make an appropriately informed decision on the consent to the use of their data.
We would like to point out to users residing in an EU member state that the USA does not have an adequate level of data protection from the perspective of the European Union.
We would also like to point out that the server of our hosting provider is located in the USA for operational reasons. While protective measures are in place to prevent third-party access to the server and content, it cannot be ruled out that US authorities will gain access.
The copyrights and all other rights to content, images, photos or other files on the website belong exclusively to the operator of this website or the specifically named rights holders. The written consent of the copyright holder must be obtained in advance for the reproduction of all files.
Anyone who commits a copyright infringement without the consent of the respective rights holder can be punished and, if necessary, liable to pay damages.
25. General disclaimer
All information on this website has been carefully checked. We strive to offer our information in a current, correct and complete manner. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, accuracy and timeliness of information, including journalistic and editorial content. Liability claims based on material or immaterial damage caused by the use of the information offered are excluded unless there is evidence of willful or gross negligence.
The publisher can change or delete texts at his own discretion and without notice and is not obliged to update the content of this website. Use or access to this website is at the visitor's own risk. The publisher, his clients or partners are not responsible for damage, such as direct, indirect, accidental, to be determined in advance or consequential damage, which is said to have arisen from a visit to this website and are therefore not liable for this.
The publisher also assumes no responsibility and liability for the content and availability of third party websites that can be reached via external links on this website. The operators of the linked pages are solely responsible for their content.
The publisher thus expressly distances himself from all third-party content that may be relevant under criminal law or liability law or that violates common decency.
The publisher does not guarantee that the website service is error-free or that information, software or other material that is available on the website or is accessible via the website is free from viruses, worms, Trojans or other harmful components.
The publisher is under no circumstances liable for direct, indirect, accidental, special, punitive or consequential damages resulting from your use or inability to use the website or your trust in or use of information, services or goods provided on the website or are accessible through the website, or which result from errors, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission or a performance error.
27. Questions to the data protection officer
If you have any questions about data protection, please send us an email or contact the person responsible for data protection at the beginning of the data protection declaration in our organization.
Herrliberg, May 1st, 2021
Source Data protection: SwissAnwalt (translated)