Privacy policy

With this data protection declaration, abovo AG undertakes to handle your personal data responsibly. The security and protection of your data is a priority for abovo AG.

By registering on the abovo AG website, you consent to abovo AG and the auxiliary persons and service providers we use (e.g. credit checkers) processing your personal data for the purpose of establishing and managing your membership relationship.

The controller within the meaning of the Data Protection Act and the EU General Data Protection Regulation (GDPR) is

abovo AG
Selzacherstrasse 34
CH-2545 Selzach
+41 32 552 44 44
info@abovo.ch

1. legal bases

We process personal data in accordance with the Federal Act on Data Protection (FADP ) and the associated Ordinance to the Federal Act on Data Protection (OFADP).

Individual processing of personal data by us may be subject to the EU General Data Protection Regulation (GDPR). If the processing of your personal data takes place outside the scope of the GDPR, the references and declarations with reference to the GDPR are not valid. Despite the mention of the GDPR in our privacy policy, we do not undertake to comply with it outside the scope of its legal applicability.

If and insofar as the General Data Protection Regulation (GDPR) applies to the processing of personal data, we process personal data in accordance with the legal bases contained in Art. 6 of the GDPR. Such a legal basis exists if:

The data subject has given their consent to the processing of their personal data for one or more specific purposes;
the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
the processing is necessary for compliance with a legal obligation to which we are subject under any applicable law of Member States of the European Economic Area (EEA);
processing is necessary in order to protect the vital interests of the data subject or of another natural person;
the processing is necessary for the performance of a task carried out in the public interestor in the exercise of official authority vested in the controller;
processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

2. definition of “personal data”

According to the Swiss Federal Act on Data Protection (FADP), personal data is defined as all data that, alone or in combination, relates to an identified or identifiable person. This includes, for example, your name, your address, your date of birth, your password, your e-mail address, the Internet address (IP address) of your computer visible to us when you visit our website and our records of your purchases.

According to Art. 4 No. 1 of the GDPR, “personal data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

3. your rights

You can exercise the following rights at any time using the contact details provided:

Information about your data stored by us and its processing,
Correction of incorrect personal data,
Deletion of your data stored by us,
Restriction of data processing if we are not yet permitted to delete your data due to legal obligations,
Objection to the processing of your data by us and
Data portability, provided that you have consented to the data processing or have concluded a contract with us.

If you have given us your consent, you can revoke it at any time with effect for the future.

4. purpose of data processing

abovo AG processes your personal data for the purposes stated in this privacy policy. Your personal data will not be transferred to third parties for purposes other than those stated. We only pass on your personal data to third parties if:

you have given your express consent,
the processing is necessary for the performance of a contract with you,
the processing is necessary for compliance with a legal obligation,
the processing is necessary to safeguard legitimate interests and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data.

Where possible, we process personal data in Switzerland or the European Economic Area (EEA). However, if necessary (outsourcing), we can also transfer your personal data to other countries. The Federal Council maintains a list of countries with adequate data protection.

We may also transfer personal data to countries whose laws do not guarantee adequate data protection (so-called unsafe third countries). In this case, we ensure that data protection is complied with by concluding standard contractual clauses or other suitable guarantees. Exceptionally, an export may also take place based on your express consent or if there is a direct connection with the conclusion or execution of a contract.

5. use of the website for information purposes

You can visit the abovo AG website without providing any personal data. If you use the website for information purposes only, i.e. if you do not log in, register, place an order or otherwise provide abovo AG with information about yourself, no personal data will be processed. This does not include data that your browser transmits to enable you to visit the website or information that is transmitted to abovo AG as part of the cookies used (see below) to statistically analyze the use of the website. You can take appropriate measures to ensure that your browser does not allow cookies (see below).

6. cookies in particular

We use so-called “cookies”. These are small text files that are transferred from a website server to your hard disk. As a result, abovo AG automatically receives certain data such as your IP address, browser used, operating system and your connection to the Internet. abovo AG uses cookies that are only used during the current browser session (session cookies) as well as cookies that store data for a longer period of time (permanent cookies).

We use cookies to make our website more effective, secure and user-friendly. The processing is based on our legitimate interests. Since cookies are stored on your device, you have control over whether they are recorded and how quickly cookies are deleted. They can be completely or partially deactivated and deleted at any time in the browser settings. You can download appropriate add-ons for your browser that prevent cookies from being set. If necessary, we require your express consent to the use of cookies.

You can deactivate the use of cookies at any time via your browser settings. Use the help functions of your internet browser to find out how to change these settings. However, some functions of the website may not work if you have deactivated the use of cookies.

7 Google Analytics in particular

The abovo AG website uses Google Analytics, a web analytics service provided by Google Ireland Ltd, Google Building Gordon House, Barrow St, Dublin 4, Ireland and Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA (hereinafter referred to as “Google”) (Google Ireland Ltd. is responsible for the processing of your personal data). Google Analytics uses cookies (see section 5 above). The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, due to the activation of IP anonymization on these websites, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

The purpose of data processing is to evaluate the use of the website and to compile reports on activities on the website. Based on the use of the website and the Internet, further associated services are then to be provided. The processing is based on the legitimate interest of abovo AG.

abovo AG draws your attention to the fact that you can prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: Browser Add On to deactivate Google Analytics.

We refer to Google’s privacy policy (available at: https://policies.google.com/privacy).

8. use of Google Maps in particular

The abovo AG website uses a map service from Google Maps, a service provided by Google Ireland Ltd, Google Building Gordon House, Barrow St, Dublin 4, Ireland and Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA (Google Ireland Ltd. is responsible for the processing of your personal data), to visually display geographical information. When using Google Maps, Google also collects, processes and uses data about the use of the map functions by visitors. You can find more information about data processing by Google in the Google data protection information. You can also change your personal data protection settings there in the data protection center.

9. hcaptcha

We use the anti-spam service “hCaptcha”, a service provided by Intuition Machines Inc, 350 Alabama Street, San Francisco, CA 94110, USA. Data processing therefore takes place in an insecure third country without an adequate level of protection. We ensure that the data protection requirements are met by concluding standard contractual clauses or with other suitable guarantees. We also refer to the privacy policy of hcaptcha(https://www.hcaptcha.com/privacy).

10. active use of the website and conclusion of contract

You can use the abovo AG website for more than just information purposes (see section 5 above). Of course, the website can also be actively used to order one or more of our products and to contact the employees of abovo AG. In addition to the processing of your personal data described above for purely informational use (see section 5 above), abovo AG will process further personal data from you that is required to process your order or to process and respond to your inquiry.

10.1 Contact requests

In order for abovo AG to process and respond to your inquiries (in particular via the contact form or to the general e-mail address of abovo AG or an employee of abovo AG), it processes the personal data you provide in this context. This always includes your name and e-mail address as well as the content of your message and other personal data that you provide to us so that we can respond to your request. We process these for the implementation of pre-contractual measures and on the basis of our legitimate interest in processing your e-mail inquiry

10.2 Conclusion of contract

If you order a product or service on our website, abovo AG processes your personal data in order to receive and process the order and to provide you with the ordered products or services. In particular, the following data will be processed:

E-mail address
Salutation
First and last name
Company
Address
Phone number

11. inquiries and Conclusion of contracts outside the website

Of course, you can also contact abovo AG via communication channels other than the website. For example, a contact request or the conclusion of a contract can also be made by e-mail, telephone or in person in Selzach SO. In these cases, abovo AG processes your personal data, which you provide in particular in the context of the conclusion of the contract or registration, for the purpose of initiating and processing the contract.

11.1 Contact requests

In order to process and respond to your inquiries (by telephone, post or e-mail), we process the personal data you provide in this context. This includes address information such as

E-mail address
Postal address
Fax number
Telephone number to send you an answer and
other information that you send to abovo AG as part of your communication.

We process these for the implementation of pre-contractual measures and on the basis of our legitimate interest in processing your e-mail inquiry.

11.2 Conclusion of contract

E-mail address
Salutation
First and last name
Company
Address
Phone number

We process these for the implementation of pre-contractual measures and on the basis of our legitimate interest in processing your e-mail inquiry.

12. data processing during the execution of the contract

During the processing of the purchase contract, abovo AG processes your personal data as follows:

12.1 Provision of services

If the lawful fulfillment of the contract requires it, abovo AG processes your personal data for the provision of services. This includes, in particular, contacting you in order to coordinate appointments, clarify queries or provide services.

12.2 Payment

We use specialized service providers to process our customers’ payments securely and reliably. The legal texts of the individual service providers, such as general terms and conditions or data protection declarations, also apply to the processing of payments.

We use in particular:

PayPal (including Braintree): Processing of payments; Provider: PayPal (Europe) S.à r.l. et Cie, S.C.A. (Luxembourg) / PayPal Pte. Ltd (Singapore); Data protection information: Privacy policy, “Statement on cookies and tracking technologies”.
PostFinance: E-payment solutions; Service provider: PostFinance AG (Switzerland); Information on data protection: “Legal information and accessibility”, “Data protection” (including “Privacy policy”).
TWINT: Processing of payments in Switzerland; Provider: TWINT AG (Switzerland); Information on data protection: ‘Data protection for TWINT apps’, ‘Privacy policy website’, ‘General terms and conditions for the use of TWINT’ including section ‘Data protection’.
Worldline (formerly SIX Payment Services): Processing of mobile and online payments; providers: Worldline Schweiz AG (Switzerland) / Worldline Financial Services (Europe) S.A. (Luxembourg) / Worldline Payment Services (Germany) GmbH (Germany) / Worldline Financial Services (Europe) S.A., Zweigniederlassung Österreich; Data protection information: Privacy policy, “Customer information on data protection”.

12.3 Compliance with legal regulations

abovo AG also processes your personal data in order to fulfill other legal obligations that apply to it in connection with the execution of the purchase contract. This includes in particular the retention periods under tax law.

12.4 Enforcement of rights

Furthermore, abovo AG processes your personal data in order to assert rights and enforce legal claims of abovo AG. In addition, abovo AG processes your personal data in order to be able to defend itself against legal claims.

12.5 Processing and disclosure in connection with fraudulent acts / judicial and administrative authorities

If necessary in individual cases, abovo AG will collect, process, use and disclose the personal data that is necessary to uncover illegal or non-contractual use of the website if there are plausible indications. In addition, abovo AG may be required to disclose personal data due to a judicial or administrative request (e.g. request for information) in connection with an investigation or administrative procedure or due to suspicion of a criminal offense or an illegal act.

13. data processing for advertising purposes

You can subscribe to our newsletter (service provider: CleverReach GmbH & Co. KG; a contract data processing agreement is in place). The data in the respective input mask will be transmitted to us. Subscription to our newsletter takes place in a so-called double opt-in procedure. This means that after registering, you will receive an email asking you to confirm your registration. When registering for the newsletter, the user’s IP address and the date and time of registration are stored. This serves to prevent misuse of the services or the data subject’s e-mail address and to prove consent. The data is not passed on to third parties. An exception is made if there is a legal obligation to pass on the data. The data is used exclusively for sending the newsletter. Subscription to the newsletter can be terminated by the data subject at any time.

We use the Google service reCaptcha to determine whether a human or a computer is making a certain entry in our contact or newsletter form. Google uses the following data to check whether you are a human or a computer IP address of the end device used, the website that you visit on our site and on which the captcha is integrated, the date and duration of the visit, the identification data of the browser and operating system type used, Google account if you are logged in to Google, mouse movements on the reCaptcha areas and tasks in which you have to identify images. The legal basis for the data processing described is Art. 6 para. 1 lit. f GDPR. We have a legitimate interest in this data processing to ensure the security of our website and to protect us from automated entries (attacks).

14. storage period

We only process personal data for as long as is necessary to fulfill the individual purposes for which the data was collected. In addition, we store your data for as long as we are legally obliged to do so or can assert a personal interest (e.g. defense against claims) (e.g. contract data for at least 10 years).

15. right to information and deletion

You have the right to receive information about the personal data stored about you by abovo AG at any time. Furthermore, you can request that abovo AG corrects, completes or completely deletes your personal data. Please note that a deletion request may be subject to statutory retention obligations. We can or must carry out a verification of your person before providing information. This is done by presenting a copy of your ID. Please send requests for information and deletion to the following address:

abovo AG, Selzacherstrasse 34, CH-2545 Selzach, +41 32 552 44 44, info@abovo.ch

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

16. amendment of this privacy policy

abovo AG reserves the right to revise, amend or otherwise supplement this privacy policy at any time. Questions regarding this privacy policy can be directed to the following address: