Data protection



Data protection declaration of the Vanoli Group or its affiliated companies


We are very pleased about your interest in our company. Data protection is particularly important to the management of LÜTHI BauImmo GmbH. It is generally possible to use the LÜTHI BauImmo GmbH website without providing any personal data. However, if a data subject wishes to use our company's special services via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.


The processing of personal data, such as the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to LÜTHI BauImmo GmbH. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed about the rights to which they are entitled using this data protection declaration.


As the controller, LÜTHI BauImmo GmbH has implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed via this website. However, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.



1. Definitions


The data protection declaration of LÜTHI BauImmo GmbH is based on the terms used by the European legislator for directives and regulations when issuing the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.


We use the following terms, among others, in this data protection declaration:


a) Personal data

Personal data is all information that relates to an identified or identifiable natural person (hereinafter “data subject”). A natural person is considered to be identifiable if he or she 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 special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.


b) Data subject

Data subject is any identified or identifiable natural person whose personal data is processed by the data controller.


c) Processing

Processing is any process or series of processes carried out with or without the aid of automated processes in connection with personal data, such as collecting, recording, organizing, classifying, storing, adapting or changing, reading out, querying Use, disclosure by transmission, distribution or other form of provision, alignment or combination, restriction, deletion or destruction.


d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.


e) Profiling

Profiling is any type of automated processing of personal data, which consists in using these personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health , analyze or predict that natural person's personal preferences, interests, reliability, behavior, location or movements.


f) Pseudonymization

Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the Personal data is not assigned to an identified or identifiable natural person.


g) Controller or person responsible for processing

The person responsible or responsible for processing is the natural or legal person, public authority, institution or other body which, alone or jointly with others, decides on the purposes and means of processing personal data. If the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.


h) Processor

Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller.


i) Recipient

Recipient is a natural or legal person, public authority, agency or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, public authorities which may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.


j) Third party

Third party is a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.


k) Consent

Consent is any voluntary, informed and unambiguous expression of wishes given by the data subject for a specific case in the form of a statement or other clear confirmatory act by which the data subject indicates that he or she consents to the processing of the personal data relating to him or her data is agreed



2. Name and address of the person responsible for processing/data protection


The person responsible within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:


LÜTHI BauImmo GmbH

Blegistrasse 17b

6340 Baar


Telephone

41 41 766 88 88


Mail

info@luethi-bauimmo.com



3. Cookies


The LÜTHI BauImmo GmbH website uses cookies. Cookies are text files that are stored and stored on a computer system via an Internet browser.


Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.


By using cookies, LÜTHI BauImmo GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.


Using a cookie, the information and offers on our website can be optimized for the user. As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter their access data each time they visit the website because this is done by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in the online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.


The data subject can prevent the setting of cookies through our website at any time by means of an appropriate setting in the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.



4. Collection of general data and information


The LÜTHI BauImmo GmbH website collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server's log files. What can be recorded are the (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrers), (4) the sub-websites which are accessible via an accessing system on our website is controlled, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serves to protect against threats in the event of attacks on our information technology systems.


When using this general data and information, LÜTHI BauImmo GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website and ( 4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by LÜTHI BauImmo GmbH both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files is stored separately from all personal data provided by a data subject.



5. Registration on our website


The data subject has the opportunity to register on the website of the controller by providing personal data. Which personal data is transmitted to the person responsible for processing is determined by the respective input mask used for registration. The personal data entered by the data subject will be collected and stored exclusively for internal use by the data controller and for its own purposes. The data controller may arrange for the data to be passed on to one or more processors, for example a parcel service provider, who also uses the personal data exclusively for internal use that is attributable to the data controller.


By registering on the website of the controller, the IP address assigned by the data subject's Internet service provider (ISP) and the date and time of registration are also stored. This data is stored against the background that this is the only way to prevent misuse of our services and, if necessary, this data makes it possible to investigate crimes that have been committed. In this respect, the storage of this data is necessary to protect the data controller. In principle, this data will not be passed on to third parties unless there is a legal obligation to pass it on or the transfer serves the purpose of criminal prosecution.


The registration of the data subject by voluntarily providing personal data enables the data controller to offer the data subject content or services that, due to the nature of the matter, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have it completely deleted from the data base of the person responsible for processing.


The person responsible for processing will provide each data subject with information at any time upon request as to what personal data is stored about the data subject. Furthermore, the person responsible for processing corrects or deletes personal data at the request or notification of the data subject, provided that there are no legal retention obligations to the contrary. A data protection officer named in this data protection declaration and all of the data controller's employees are available to the data subject as contact persons in this context.



6. Subscription to our newsletter


On the LÜTHI BauImmo GmbH website, users are given the opportunity to subscribe to our company's newsletter. Which personal data is transmitted to the person responsible for processing when ordering the newsletter is determined by the input mask used for this purpose.


LÜTHI BauImmo GmbH regularly informs its customers and business partners about the company's offers by means of a newsletter. In principle, our company's newsletter can only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers to receive the newsletter. For legal reasons, a confirmation email will be sent using the double opt-in procedure to the email address entered by a data subject for the first time to receive the newsletter. This confirmation email is used to check whether the owner of the email address as the data subject has authorized receipt of the newsletter.


When registering for the newsletter, we also store the IP address assigned by the Internet service provider (ISP) of the computer system used by the data subject at the time of registration as well as the date and time of registration. The collection of this data is necessary in order to be able to understand the (possible) misuse of the e-mail address of a data subject at a later point in time and therefore serves to provide legal protection for the person responsible for processing.


The personal data collected when registering for the newsletter is used exclusively to send our newsletter. Furthermore, subscribers to the newsletter could be informed by email if this is necessary for the operation of the newsletter service or a related registration, as could be the case in the event of changes to the newsletter offer or a change in technical circumstances. The personal data collected as part of the newsletter service will not be passed on to third parties. The data subject can cancel the subscription to our newsletter at any time. The consent to the storage of personal data that the data subject has given us for sending the newsletter can be revoked at any time. For the purpose of revoking your consent, there is a corresponding link in every newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller or to communicate this to the controller in another way.



7. Newsletter-Tracking


The LÜTHI BauImmo GmbH newsletters contain so-called tracking pixels. A web beacon is a miniature graphic that is embedded in emails sent in HTML format to enable log file recording and log file analysis. This allows a statistical analysis of the success or failure of online marketing campaigns to be carried out. Based on the embedded tracking pixel, LÜTHI BauImmo GmbH can determine whether and when an email was opened by a data subject and which links in the email were accessed by the data subject.


Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the person responsible for processing in order to optimize the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the data subject. This personal data will not be passed on to third parties. Affected persons are entitled at any time to revoke the relevant separate declaration of consent issued via the double opt-in procedure. After revocation, these personal data will be deleted by the person responsible for processing. LÜTHI BauImmo GmbH automatically interprets unsubscribing from receiving the newsletter as a revocation.



8. Contact option via the website


Due to legal regulations, the LÜTHI BauImmo GmbH website contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the person responsible for processing by email or via a contact form, the personal data transmitted by the data subject will be automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.



9. Comment function in the blog on the website


LÜTHI BauImmo GmbH offers users the opportunity to leave individual comments on individual blog posts on a blog that is located on the website of the controller. A blog is a portal maintained on a website, usually publicly accessible, in which one or more people, called bloggers or web bloggers, can post articles or write down thoughts in so-called blog posts. The blog posts can usually be commented on by third parties.


If a data subject leaves a comment on the blog published on this website, in addition to the comments left by the data subject, information on the time the comment was entered and on the user name (pseudonym) chosen by the data subject will be stored and published. Furthermore, the IP address assigned to the data subject by the Internet service provider (ISP) is also logged. The IP address is stored for security reasons and in the event that the person concerned violates the rights of third parties or posts illegal content through a comment made. The storage of this personal data is therefore in the own interest of the person responsible for processing, so that he could be exculpated in the event of a legal violation. This collected personal data will not be passed on to third parties unless such transfer is required by law or serves the legal defense of the person responsible for processing.



10. Subscription to comments in the blog on the website


The comments made in the LÜTHI BauImmo GmbH blog can generally be subscribed to by third parties. In particular, it is possible for a commenter to subscribe to the comments following their comment on a specific blog post.


If a data subject chooses the option to subscribe to comments, the data controller will send an automatic confirmation email to use the double opt-in procedure to check whether the owner of the specified email address is actually the owner of the email address option has chosen. The option to subscribe to comments can be canceled at any time.



11. Routine deletion and blocking of personal data


The person responsible for processing processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or if this is required by the European legislator or another legislator in laws or regulations which the person responsible for processing is subject to.


If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another responsible legislator expires, the personal data will be blocked or deleted routinely and in accordance with legal regulations.



12. Rights of the data subject


a) Right to confirmation

Every data subject has the right granted by the European legislator to obtain confirmation from the person responsible for processing as to whether personal data concerning him or her is being processed. If a data subject would like to exercise this right of confirmation, they can contact our data protection officer or another employee of the person responsible for processing at any time.


b) Right to information

Every person affected by the processing of personal data has the right granted by the European legislator to receive free information from the person responsible for processing at any time about the personal data stored about him and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:


  • the purposes of the processing
  • the categories of personal data processed
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of
  • recipients in third countries or international organisations
  • 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 the right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or the right to object to such processing
  • the existence of a right of appeal to a supervisory authority
  • if the personal data are not collected from the data subject: Any available information on the origin of the data
  • the existence of automated decision-making, including profiling, pursuant to Article 22 para. 1 and 4 of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject


The data subject also has the right to information as to whether personal data has been transmitted 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 a data subject would like to exercise this right to information, they can contact our data protection officer or another employee of the person responsible for processing at any time.


c) Right to rectification

Every person affected by the processing of personal data has the right granted by the European legislator 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 - including by means of a supplementary statement.


If a data subject would like to exercise this right to rectification, they can contact our data protection officer or another employee of the person responsible for processing at any time.


d) Right to deletion (right to be forgotten)

Every person affected by the processing of personal data has the right granted by the European legislator to demand from the person responsible that the personal data concerning him or her be deleted immediately, if one of the following Reasons apply and to the extent that processing is not necessary:


  • The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
  • The data subject withdraws the consent on which the processing was based pursuant to Article 6 para. 1Letter a of the GDPR or Article 9 para. 2 Letter a of the GDPR and there is no other legal basis for the processing.
  • The data subject objects to the processing pursuant to Article 21 Para. 1 DS-GVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 para. 2 DS-GVO.
  •  The personal data have been processed unlawfully.
  • The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to information society services offered pursuant to Article 8 para. 1 of the GDPR.


If one of the reasons mentioned above applies and a data subject wishes to have personal data stored at LÜTHI BauImmo GmbH deleted, they can contact our data protection officer or another employee of the data controller at any time. The data protection officer of LÜTHI BauImmo GmbH or another employee will ensure that the deletion request is complied with immediately.


If the personal data has been made public by LÜTHI BauImmo GmbH and our company, as the controller, is obliged to delete the personal data in accordance with Article 17 para. 1 GDPR, LÜTHI BauImmo GmbH will take appropriate measures taking into account the available technology and the implementation costs , also of a technical nature, in order to inform other data controllers who process the published personal data that the data subject has requested that these other data controllers delete all links to these personal data or copies or replications of them has requested personal data to the extent that processing is not necessary. The data protection officer of LÜTHI BauImmo GmbH or another employee will take the necessary measures in individual cases.


e) Right to restriction of processing

Every person affected by the processing of personal data has the right granted by the European legislator to request that the person responsible restrict processing if one of the following conditions is met:


  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
  • The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defence of legal claims.
  • The data subject has an objection to the processing in accordance with Article 21 para. 1 of the GDPR and it is not yet clear whether the legitimate reasons of the person responsible outweigh those of the data subject.


If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored at LÜTHI BauImmo GmbH, they can contact our data protection officer or another employee of the data controller at any time. The data protection officer of LÜTHI BauImmo GmbH or another employee will arrange for the processing to be restricted.


f) Right to data portability

Every person affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which the data subject has provided to a person responsible, in a structured, common and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent in accordance with Article 6 para. 1 Letter a of the GDPR or Article 9 para. 2 letter a GDPR or on a contract in accordance with Article 6 para. 1 letter b GDPR and the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task that is in the public interest or is carried out in the exercise of official authority, which has been transferred to the person responsible.


Furthermore, when exercising his or her right to data portability in accordance with Article 20 para. 1 of the GDPR, the data subject has the right to have the personal data transmitted directly from one person responsible to another person responsible, to the extent that 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, the data subject can contact the data protection officer appointed by LÜTHI BauImmo GmbH or another employee at any time.


g) Right to object

Every person affected by the processing of personal data has the right granted by the European legislator to object at any time to the processing of personal data concerning him or her on the basis of Article 6 para. 1 letter e or f GDPR, you have to lodge an objection. This also applies to profiling based on these provisions.


LÜTHI BauImmo GmbH will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or Defense of legal claims.


If LÜTHI BauImmo GmbH processes personal data in order to conduct direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected to such direct advertising. If the data subject objects to LÜTHI BauImmo GmbH processing for direct advertising purposes, LÜTHI BauImmo GmbH will no longer process the personal data for these purposes.


In addition, the data subject has the right, for reasons arising from his or her particular situation, to object to the processing of personal data concerning him or her that is carried out by LÜTHI BauImmo GmbH for scientific or historical research purposes or for statistical purposes in accordance with Article 89 para. 1 DS -GVO, to lodge an objection, unless such processing is necessary to fulfill a task carried out in the public interest.


To exercise the right to object, the data subject can contact the data protection officer of LÜTHI BauImmo GmbH or another employee directly. Furthermore, in connection with the use of information society services, the data subject is free, notwithstanding Directive 2002/58/EC, to exercise his or her right to object by means of automated procedures using technical specifications.


h) Automated decisions in individual cases, including profiling

Every person affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based exclusively on automated processing - including profiling - which has legal effects on him or her similarly significantly affects them, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is required by Union or Member State law to which the controller is subject, is permissible and these legal provisions contain appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject or (3) takes place with the express consent of the data subject.


If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the LÜTHI BauImmo GmbH shall implement appropriate measures to safeguard the rights and freedoms as well as the to protect the legitimate interests of the data subject, which includes at least the right to obtain human intervention on the part of the person responsible, to express one's own point of view and to contest the decision.


If the data subject would like to assert rights with regard to automated decisions, they can contact our data protection officer or another employee of the data controller at any time.


i) Right to revoke consent under data protection law

Every person affected by the processing of personal data has the right granted by the European legislator to revoke consent to the processing of personal data at any time.


If the data subject would like to exercise their right to revoke their consent, they can contact our data protection officer or another employee of the person responsible for processing at any time.



13. Legal basis for processing


Artcle 6 I lit. a GDPR serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Article 6 I lit. b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Article 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance details or other vital information would then have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Article 6 I lit. d GDPR. Ultimately, processing operations could be based on Article 6 I lit. f GDPR. Processing operations that are not covered by any of the above-mentioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, he was of the opinion that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).



14. Legitimate interests in processing pursued by the controller or a third party


If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.



15. Duration for which the personal data will be stored


The criterion for the duration of storage of personal data is the respective statutory retention period. After the deadline has expired, the relevant data will be routinely deleted unless it is no longer required to fulfill the contract or initiate a contract.



16. Legal or contractual regulations governing the provision of personal data; Necessity for the conclusion of the contract; Obligation of the data subject to provide the personal data; possible consequences of non-provision


We would like to clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). In order to conclude a contract, it may sometimes be necessary for a data subject to provide us with personal data, which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before the data subject provides personal data, the data subject must contact our data protection officer. Our data protection officer explains to the person concerned on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the non-provision of the personal data would have.



17. Existence of automated decision making


As a responsible company, we do not use automatic decision-making or profiling.