The present privacy policy is an unofficial translation from the German original.

With this Privacy Policy we inform about the processing of personal data in connection with our activities and operations including our website under the domain name poesia.swiss. We specifically inform about what, how and where we process which personal data. We also inform about the rights of individuals whose data we process.

For individual or additional activities and operations, we may publish further privacy policies or other information on data protection.

We are subject to Swiss law as well as any applicable foreign law, in particular that of the European Union (EU) with the European General Data Protection Regulation (GDPR).

The European Commission recognized with decision of 26 July 2000 that Swiss data protection law ensures adequate data protection. With the report of 15 January 2024, the European Commission confirmed this adequacy decision.

Table of Contents

1. Contact Addresses

The person responsible in terms of data protection law is:

Daniel Kurmann
Poesia Holding AG
Grenzweg 3
Industrie Feldmatte
5726 Unterkulm

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In individual cases, third parties may be responsible for the processing of personal data or there may be joint responsibility with third parties. We are happy to provide information to data subjects on request about the respective responsibility.

Data Protection Officer or Data Protection Consultant

We have the following data protection officer or data protection consultant as a contact point for data subjects and authorities regarding data protection inquiries:

Daniel Kurmann
Poesia Holding AG
Grenzweg 3
Industrie Feldmatte
5726 Unterkulm

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2. Terms and Legal Bases

2.1 Terms

Data Subject: Natural person about whom we process personal data.

Personal Data: All information relating to an identified or identifiable natural person.

Special Categories of Personal Data: Data on trade union, political, religious or philosophical views and activities, data on health, intimate sphere or membership in an ethnic group or race, genetic data, biometric data that uniquely identifies a natural person, data on criminal or administrative sanctions or prosecutions, and data on social assistance measures.

Processing: Any operation with personal data, regardless of the means and methods used, such as querying, matching, adjusting, archiving, storing, reading, disclosing, obtaining, recording, collecting, deleting, revealing, organizing, ordering, structuring, storing, modifying, distributing, linking, destroying and using personal data.

European Economic Area (EEA): Member States of the European Union (EU) as well as the Principality of Liechtenstein, Iceland, and Norway.

2.2 Legal Bases

We process personal data in accordance with Swiss law, in particular the Federal Act on Data Protection (Data Protection Act, DPA) and the Ordinance on Data Protection (Data Protection Ordinance, DPO).

We process – insofar and as far as the European General Data Protection Regulation (GDPR) is applicable – personal data based on at least one of the following legal bases:

  • Art. 6 para. 1 lit. b GDPR for the necessary processing of personal data to perform a contract with the data subject and to take pre-contractual measures.
  • Art. 6 para. 1 lit. f GDPR for the necessary processing of personal data to safeguard legitimate interests – including those of third parties – unless the fundamental freedoms and rights as well as the interests of the data subject prevail. Such interests include in particular the continuous, humane, safe and reliable exercise of our activities and operations, ensuring information security, protection against misuse, enforcement of our own legal claims, and compliance with Swiss law.
  • Art. 6 para. 1 lit. c GDPR for the necessary processing of personal data to comply with a legal obligation to which we are subject under any applicable law of Member States of the European Economic Area (EEA).
  • Art. 6 para. 1 lit. e GDPR for the necessary processing of personal data to perform a task carried out in the public interest.
  • Art. 6 para. 1 lit. a GDPR for processing personal data with the consent of the data subject.
  • Art. 6 para. 1 lit. d GDPR for the necessary processing of personal data to protect vital interests of the data subject or another natural person.
  • Art. 9 para. 2 ff. GDPR for the processing of special categories of personal data, in particular with the consent of the data subjects.

The European General Data Protection Regulation (GDPR) refers to the processing of personal data as processing of personal data and the processing of special categories of personal data as processing of special categories of personal data (Art. 9 GDPR).

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3. Nature, Scope and Purpose of Processing Personal Data

We process personal data in a legally compliant, fair, and transparent manner, only for specified, explicit, and legitimate purposes, and only to the extent necessary to achieve these purposes. We also process personal data for other purposes if this is compatible with the original purpose and permissible under applicable law.

Purposes of processing include in particular:

  • Fulfillment of contracts and pre-contractual measures,
  • Communication with data subjects, including responding to inquiries,
  • Marketing and business development, including sending newsletters and offers,
  • Legal compliance and enforcement of legal claims,
  • Ensuring IT security and operations,
  • Research and statistics,
  • Archiving and documentation.

4. Automation and Artificial Intelligence (AI)

We may process personal data with the support of automated processes, including artificial intelligence. In cases where significant decisions affecting data subjects are made exclusively automatically, we ensure compliance with applicable law, including information obligations, evaluation rights, and the right to object.

5. Disclosure of Personal Data

We may disclose personal data to third parties if this is necessary for the purposes mentioned above or legally required. Third parties may include:

  • Group companies, affiliates, and service providers,
  • Public authorities and courts, if required by law,
  • Business partners and contractual partners,
  • Processors engaged on our behalf.

We ensure that all third parties comply with applicable data protection law and only process personal data according to our instructions.

6. Communication

We communicate with data subjects via the contact details provided by them. This includes telephone, email, and other digital or analog channels. We use suitable measures to protect personal data in communication.

7. Data Security

We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risks of processing personal data. This includes measures against unauthorized access, loss, alteration, or disclosure of personal data.

8. Personal Data Abroad

Personal data may be processed abroad if this is necessary for the above purposes or legally required. In these cases, we ensure that an adequate level of data protection is guaranteed, either through an adequacy decision of the European Commission, suitable contractual clauses, or other legal mechanisms.

9. Rights of Data Subjects

9.1 Data Protection Claims

Data subjects have the following rights under applicable law:

  • Right of access to personal data,
  • Right to rectification,
  • Right to erasure or restriction of processing,
  • Right to data portability,
  • Right to object to processing,
  • Right to withdraw consent at any time without affecting the lawfulness of prior processing.

9.2 Legal Remedies

Data subjects can contact the competent supervisory authority if they believe their rights under applicable data protection law have been violated.

10. Use of the Website

10.1 Cookies

Our website uses cookies and similar technologies to improve functionality, analyze usage, and provide a better user experience. Users can control cookies through browser settings or consent management tools.

10.2 Logging

We log access to our website and services to ensure security, maintain operations, and for statistical purposes. Logged data may include IP addresses, access times, browser type, and accessed pages.

10.3 Tracking Pixels

We may use tracking pixels to analyze user interactions and optimize our website. Users can object to this tracking via their browser settings or opt-out tools.

11. Social Media

We use social media channels to communicate with users and promote our services. Interaction with social media platforms may involve processing personal data, which is subject to the platform’s privacy policies. Users should review these policies before interacting.

12. Third-Party Services

12.1 Digital Infrastructure

We may use third-party providers for hosting, cloud services, IT support, and other digital infrastructure. Data processing by these providers is based on our instructions and applicable law.

12.2 Audio and Video Conferences

We use third-party services for online meetings and conferences. Data may be transmitted to and stored by the service provider. We ensure compliance with data protection requirements through contractual agreements and appropriate technical measures.

12.3 Maps

We may integrate map services on our website to display locations. Map services may collect data on usage and location, subject to the provider’s privacy policies.

12.4 Fonts

We use third-party fonts to display text in a consistent and attractive manner. Fonts may be loaded from external providers, who may collect technical data such as IP addresses and browser information.

13. Final Notes on the Privacy Policy

We may update this privacy policy at any time. Users are encouraged to review the privacy policy regularly to stay informed about how we process personal data. Continued use of our services constitutes acceptance of any updates.