Privacy policy

The website of Creativ Software AG (hereinafter referred to as “Creativ Software”) is subject to Swiss data protection law, in particular the Swiss Federal Act on Data Protection (FADP), and to any applicable foreign data protection law, such as the General Data Protection Regulation (GDPR) of the European Union (EU). The EU recognises that Swiss data protection law ensures an adequate level of data protection.

Our website is accessed using transport encryption (SSL/TLS).

We are delighted that you have shown interest in our company. Data protection is of particularly high importance to us. The websites of Creativ Software can generally be used without providing any personal data. However, if a data subject wishes to use particular services of our company via our website, the processing of personal data could 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, e-mail address or telephone number of a data subject, is always carried out in accordance with the statutory data protection requirements. By means of this privacy policy, our company wishes to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed by means of this privacy policy of the rights to which they are entitled.

As the controller responsible for processing, Creativ Software has implemented numerous technical and organisational measures to ensure the most complete protection possible of the personal data processed via this website. Nevertheless, internet-based data transmissions may in principle 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. Name and address of the controller

The controller within the meaning of the law (hereinafter referred to as the “Operator”) is

Creativ Software AG
Unterdorfstrasse 83
9443 Widnau
Tel.: 071 727 21 70
E-mail: info@creativ.ch

2. General information on data processing

When you visit our website, we initially collect and use only the data specified in section 3. Beyond this, we process personal data of our users in principle only to the extent necessary to provide a functional website as well as our content and services. The collection and use of personal data of our users regularly takes place only with the user’s consent. An exception applies in cases where obtaining prior consent is not possible for factual reasons and the processing of the data is permitted by statutory provisions.

2.1. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations involving personal data, the Swiss Federal Act on Data Protection (FADP) or, if and to the extent applicable, Art. 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, the Swiss Federal Act on Data Protection (FADP) or, if and to the extent applicable, Art. 6(1)(b) GDPR serves as the legal basis. This also applies to processing operations that are necessary for carrying out pre-contractual measures.
Insofar as the processing of personal data is necessary for compliance with a legal obligation to which our company is subject, the Swiss Federal Act on Data Protection (FADP) or, if and to the extent applicable, Art. 6(1)(c) GDPR serves as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or of a third party, and the interests, fundamental rights and freedoms of the data subject do not override the former interest, the Swiss Federal Act on Data Protection (FADP) or, if and to the extent applicable, Art. 6(1)(f) GDPR serves as the legal basis for the processing.

2.2. Data erasure and storage period

The personal data of the data subject will be erased or blocked as soon as the purpose of storage no longer applies. Data may also be stored beyond this if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or erased when a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.

3. Provision of the website and creation of log files

3.1. Description, purpose and scope of data processing

Each time our website is accessed, our system automatically records data and information from the computer system of the accessing computer.

The following data is collected in this process:

• Information about the browser type and the version used
• The user’s operating system
• The user’s IP address
• Date and time of access
• Websites from which the user’s system reaches our website
• Websites accessed by the user’s system via our website
• Username (if the user is logged in)

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session. The log files contain IP addresses or other data that enable the data to be attributed to a user. This could be the case, for example, if the link to the website from which the user reaches the website, or the link to the website to which the user moves on, contains personal data.

The data is also stored in the log files of our system. This data is not stored together with other personal data of the user. Storage in log files takes place to ensure the functionality of the website. In addition, we use the data to optimise the website and to ensure the security of our information technology systems. The data is not evaluated for marketing purposes in this context.

3.2. Legal basis for data processing

The legal basis for the temporary storage of the data and the log files is the Swiss Federal Act on Data Protection (FADP) or, if and to the extent applicable, Art. 6(1)(f) GDPR.

3.3. Storage period

The data is erased as soon as it is no longer required to achieve the purpose for which it was collected. Technical server log files are automatically deleted after 365 days.

3.4. Right to object and to removal

The collection of data for the provision of the website and the storage of data in log files are essential for the operation of the website. Consequently, the user has no right to object.

4. Use of cookies

This website uses cookies. Cookies are text files that are placed 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 by means of which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.
Through the use of cookies, the users of this website can be provided with more user-friendly services that would not be possible without setting cookies.
By means of a cookie, the information and offers on our website can be optimised in the user’s interest. As already mentioned, cookies enable us to recognise 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 taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping basket in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket by means of a cookie.
The data subject can prevent the setting of cookies by our website at any time by means of a corresponding 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.

4.1. Description, purpose and scope of data processing

Our website uses cookies. When a user accesses a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic character string that enables the browser to be uniquely identified when the website is accessed again.

We use cookies to make our website more user-friendly. The user data collected by technically necessary cookies is not used to create user profiles.

In addition, we use cookies on our website that enable an analysis of users’ browsing behaviour.
In this way, the following data can be transmitted:

• Search terms entered
• Frequency of page views
• Use of website functions

The analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus continuously optimise our offering.

4.2. Legal basis for data processing

The legal basis for the processing of personal data using cookies is the Swiss Federal Act on Data Protection (FADP) or, if and to the extent applicable, Art. 6(1)(f) GDPR.

4.3. Storage period, right to object and to removal

Cookies are stored on the user’s computer and transmitted by it to our site. As a user, you therefore also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.

4.4. Use of analytics and marketing services

The services described in sections 7 to 11 are only used insofar as they are activated on our website. If cookies or similar technologies that are not technically necessary are set in the process, we obtain your consent in advance – where required. You can withdraw any consent given at any time with effect for the future.

5. Contact forms and e-mail contact

5.1. Description, purpose and scope of data processing

Our website contains contact forms that can be used to get in touch electronically. If a user takes advantage of this option, the data entered in the input mask is transmitted to us and stored. This data is:

• Name
• Organisation
• E-mail address
• Telephone number (optional)
• Topics of interest (optional)
• Message (optional)

At the time the message is sent, the following data is also stored:

• The user’s IP address
• Date and time of registration

We process the personal data from the input mask solely to handle the contact request. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data. The other personal data processed during transmission serves to prevent misuse of the contact form and to ensure the security of our information technology systems.

The information from our web forms is transmitted directly to the easydoo workspace of Creativ Software AG and processed there. easydoo is operated in Microsoft Azure data centres in Switzerland (see section 12). Beyond this, the data is not passed on to third parties. The data is used exclusively to process your enquiry.

5.2. Legal basis for data processing

Where the user has given consent, the legal basis for the processing of the data is the Swiss Federal Act on Data Protection (FADP) or, if and to the extent applicable, Art. 6(1)(a) GDPR.

The legal basis for the processing of data transmitted in the course of sending an e-mail is the Swiss Federal Act on Data Protection (FADP) or, if and to the extent applicable, Art. 6(1)(f) GDPR. If the e-mail contact is aimed at the conclusion of a contract, an additional legal basis for the processing is the Swiss Federal Act on Data Protection (FADP) or, if and to the extent applicable, Art. 6(1)(b) GDPR.

5.3. Storage period

The data is erased as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and the data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation has ended when it can be inferred from the circumstances that the matter in question has been conclusively resolved.

5.4. Right to object and to removal

The user may withdraw their consent to the processing of personal data at any time. If the user contacts us by e-mail (contact form), they may object to the storage of their personal data at any time. In such a case, the conversation cannot be continued and the withdrawal must be made by telephone.

In this case, all personal data stored in the course of establishing contact will be erased.

6. Rights of the data subject

If your personal data is processed, you are a “data subject” within the meaning of the Swiss Federal Act on Data Protection (FADP) or, if and to the extent applicable, the GDPR, and you have the following rights vis-à-vis us as the controller. You can exercise your rights by contacting us and stating your request.

6.1. Right of access

Every data subject affected by the processing of personal data has the right to obtain from the controller, at any time and free of charge, information about the personal data stored concerning them, as well as a copy of this data.
You may request confirmation from the controller as to whether personal data concerning you is being processed by us.

6.2. Right to rectification

Every data subject affected by the processing of personal data has the right to request the immediate rectification of inaccurate personal data concerning them. Furthermore, taking into account the purposes of the processing, the data subject has the right to request that incomplete personal data – including by means of a supplementary statement – be completed.

6.3. Right to restriction of processing

Every data subject affected by the processing of personal data has the right to request from the controller the restriction of processing if one of the conditions laid down by the legislator in the Swiss Federal Act on Data Protection (FADP) or, if and to the extent applicable, in Art. 18(1) GDPR is met.

6.4. Right to erasure

Every data subject affected by the processing of personal data has the right to request from the controller that the personal data concerning them be erased without delay, provided that one of the grounds specified in the Swiss Federal Act on Data Protection (FADP) or, if and to the extent applicable, in Art. 17(1) GDPR applies.

6.5. Right to data portability

Every data subject affected by the processing of personal data has the right to receive the personal data concerning them, which the data subject has provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to which the personal data was provided, where the processing is based on consent pursuant to the Swiss Federal Act on Data Protection (FADP) or, if and to the extent applicable, Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, or on a contract pursuant to Art. 6(1)(b) GDPR, and the processing is carried out by automated means.

6.6. Right to object

Every data subject affected by the processing of personal data has the right to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them which is carried out on the basis of the Swiss Federal Act on Data Protection (FADP) or, if and to the extent applicable, Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

In the event of an objection, the company will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims.

If the company processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of the personal data for the purpose of such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to processing for direct marketing purposes, the personal data will no longer be processed for these purposes.

6.7. Right to withdraw consent under data protection law

Every data subject affected by the processing of personal data has the right to withdraw consent to the processing of personal data at any time.

You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent does not affect the lawfulness of processing carried out on the basis of the consent before its withdrawal.

6.8. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your habitual residence, your place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the Swiss Federal Act on Data Protection (FADP) or, if and to the extent applicable, the GDPR.

7. Data protection provisions on Google Analytics

The controller has integrated the Google Analytics component on this website. Google Analytics uses cookies, which are generally stored outside the EU/EFTA area. Google uses this information to evaluate the use of the website and to compile reports on website activity and internet usage. Furthermore, according to its own statements, Google transfers this information to third parties where required to do so by law or where third parties process this data on behalf of Google. The IP address transmitted by the browser within the scope of Google Analytics is not merged with other Google data. Users can prevent the storage of cookies (cf. “4. Use of cookies”). In addition, users can prevent the transmission to Google of the data generated by the cookie and relating to their use of the website (including the IP address), as well as the processing of this data by Google, by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

8. Data protection provisions on Google Analytics Remarketing

Our website uses the functions of Google Analytics Remarketing in conjunction with the cross-device functions of Google AdWords and Google DoubleClick. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
This function makes it possible to link the advertising target groups created with Google Analytics Remarketing with the cross-device functions of Google AdWords and Google DoubleClick. In this way, interest-based, personalised advertising messages that have been tailored to you depending on your previous usage and browsing behaviour on one end device (e.g. mobile phone) can also be displayed on another of your end devices (e.g. tablet or PC).
If you have given the relevant consent, Google links your web and app browsing history with your Google account for this purpose. In this way, the same personalised advertising messages can be displayed on every device on which you sign in with your Google account.
To support this function, Google Analytics records Google-authenticated IDs of users, which are temporarily linked to our Google Analytics data in order to define and create target groups for cross-device advertising.
You can permanently object to cross-device remarketing/targeting by deactivating personalised advertising in your Google account; to do so, please follow this link: https://www.google.com/settings/ads/onweb/.
The aggregation of the collected data in your Google account takes place exclusively on the basis of your consent, which you can give or withdraw at Google (Art. 6(1)(a) GDPR). In the case of data collection operations that are not merged in your Google account (e.g. because you do not have a Google account or have objected to the merging), the collection of data is based on Art. 6(1)(f) GDPR. The legitimate interest arises from the fact that the website operator has an interest in the anonymised analysis of website visitors for advertising purposes.
Further information and the data protection provisions can be found in Google’s privacy policy at: https://www.google.com/policies/technologies/ads/.

9. Data protection provisions on Google AdWords and conversion tracking

This website uses Google AdWords. AdWords is an online advertising programme of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (“Google”).
Within the scope of Google AdWords, we use so-called conversion tracking. When you click on an advertisement placed by Google, a cookie for conversion tracking is set. Cookies are small text files that the internet browser stores on the user’s computer. These cookies expire after 30 days and are not used to personally identify users. If the user visits certain pages of this website and the cookie has not yet expired, Google and we can recognise that the user clicked on the advertisement and was redirected to this page.
Each Google AdWords customer receives a different cookie. The cookies cannot be tracked across the websites of AdWords customers. The information obtained using the conversion cookie serves to create conversion statistics for AdWords customers who have opted for conversion tracking. The customers learn the total number of users who clicked on their advertisement and were redirected to a page bearing a conversion tracking tag. However, they do not receive any information with which users can be personally identified. If you do not wish to participate in tracking, you can object to this use by easily deactivating the Google conversion tracking cookie via your internet browser under user settings. You will then not be included in the conversion tracking statistics.
“Conversion cookies” are stored on the basis of Art. 6(1)(f) GDPR. The website operator has a legitimate interest in analysing user behaviour in order to optimise both its web offering and its advertising.
More information on Google AdWords and Google conversion tracking can be found in Google’s privacy policy: https://www.google.de/policies/privacy/.
You can set your browser so that you are informed about the setting of cookies and allow cookies only in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be limited.

10. Data protection provisions on YouTube

Our website integrates so-called social plug-ins (“plug-ins”) from YouTube. YouTube is an internet video portal that enables video publishers to post video clips free of charge and other users to view, rate and comment on them, also free of charge. YouTube allows the publication of all kinds of videos, which is why complete film and television programmes as well as music videos, trailers or videos made by users themselves can be accessed via the internet portal.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA (“YouTube”). YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
Each time one of the individual pages of this website, which is operated by the controller and on which a YouTube component (YouTube video) has been integrated, is accessed, the internet browser on the information technology system of the data subject is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information about YouTube can be found at https://www.youtube.com/yt/about/de/ . As part of this technical process, YouTube and Google obtain knowledge of which specific subpage of our website is visited by the data subject.
If the data subject is logged in to YouTube at the same time, YouTube recognises, when a subpage containing a YouTube video is accessed, which specific subpage of our website the data subject is visiting. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google always receive information via the YouTube component that the data subject has visited our website if the data subject is logged in to YouTube at the same time as accessing our website; this takes place regardless of whether or not the data subject clicks on a YouTube video. If the data subject does not wish this information to be transmitted to YouTube and Google, they can prevent the transmission by logging out of their YouTube account before accessing our website.
The data protection provisions published by YouTube, which are available at https://www.google.de/intl/de/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.

11. Data protection provisions on Google Tag Manager

This website may use Google Tag Manager. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”).

Google Tag Manager is a tool that allows tracking and marketing codes (so-called tags) to be managed and integrated centrally on our website. The Tag Manager itself does not set any cookies and does not evaluate any personal data. However, it triggers other tags, which in turn may collect data – such as the services described in sections 7 to 9. The provisions set out there apply to these.

When Google Tag Manager is loaded, your IP address is transmitted to Google for technical reasons. A transfer of data to the USA cannot be ruled out in this context. Google is certified under the Swiss-U.S. Data Privacy Framework.

It is used on the basis of our legitimate interest in simple and reliable management of the services used on our website. Insofar as services requiring consent are integrated via the Tag Manager, these are only triggered after you have given your consent.

Further information can be found in the use policy at https://marketingplatform.google.com/about/analytics/tag-manager/use-policy/ and in Google’s privacy policy at https://policies.google.com/privacy.

12. Hosting and data processing by service providers

This website is hosted by green.ch AG in data centres in Switzerland. The data generated when the website is accessed (in particular the log files mentioned in section 3) is processed on its servers in Switzerland.

Our industry solution OM is operated in data centres in Switzerland – at Avaris and at NEXUS Schweiz AG.

easydoo – via which the enquiries from our web forms are also processed – is operated in Microsoft Azure data centres in Switzerland. easydoo is an independent company. Its privacy policy at https://www.easydoo.com/datenschutzerklaerung additionally applies to data processing by easydoo.

We only engage service providers insofar as this is necessary for the stated purposes, and we oblige them to process the data exclusively on our behalf and in accordance with our instructions.