We, ImmoTrack AG (We or ImmoTrack), with registered office at Grabenstrasse 25, Baar, Switzerland, entered in the Commercial Register of the Canton of Zug under the number CHE-327.313.901, are operator of the website www.immotrack.com.
We are therefore responsible for the collection, processing and use of your personal data and for handling this data in accordance with the law.
We are committed to handling your personal data responsibly. Consequently, we consider it a matter of course to comply with the legal requirements of the Swiss Federal Act on Data Protection (FDPA), the Ordinance to the Federal Act on Data Protection (OFDPA), the Telecommunications Act (TCA) and, if applicable, the provisions of the EU General Data Protection Regulation (GDPR) and other provisions of Swiss and European data protection law.
In the following, we would like to inform you about how we process your personal data.
1. Scope and purpose of the collection, processing and use of personal data
1.1 When visiting our website
When you visit our website, our servers temporarily store each access in a log file. The following data is collected without any action on your part and stored by us until automatic deletion after 26 months:
- the IP address of the requesting computer;
- the name of the owner of the IP address range (usually your internet access provider);
- the date and time of access;
- the name and URL of the retrieved file;
- the website, from which our URL was accessed;
- the country, from which our website is accessed;
- the operating system of your computer and the browser you use (provider, version and language) and
- the transmission protocol used (e.g. HTTP/1.1).
The collection and processing of this data is carried out for the purpose of enabling the use of our website (connection establishment), to ensure system security and stability on a permanent basis and to enable the optimisation of our Internet offer as well as for internal statistical purposes.
Only in the event of an attack on the network infrastructure of www.immotrack.com or a suspicion of other unauthorised or abusive website use will the IP address be evaluated for the purpose of clarification and defence and, if necessary, used in the context of criminal proceedings to identify and take civil or criminal action against the users concerned.
Our legitimate interest in the data processing within the meaning of Art. 6 para. 1 lit. f GDPR lies in the purposes described above.
1.2 When you contact us by e-mail
You have the option of contacting us and sending us an e-mail. For this purpose, it is mandatory that we collect your e-mail address.
You are responsible for the message and/or transmitted content that you send to us. We recommend that you do not send any confidential data. Personal data is only collected if you provide it to us voluntarily. Therefore, you yourself are responsible for what data you transmit to us. In order to be able to answer your questions, we may ask you to provide us with additional information, e.g. your address, telephone number, etc. We only collect personal data from you if this is necessary to answer your questions or to provide the services you have requested. The processing of this data is therefore necessary for the implementation of pre-contractual or contractual Art. 6 para. 1 lit. b GDPR or is in our legitimate interest according to Art. 6 para. 1 lit. f GDPR.
1.3 When using the contact form
In order to contact us via the form, the following personal data must be truthfully entered:
- E-mail address*;
The fields marked with * are mandatory.
We need this information to process your contact request. The processing of this data is therefore necessary for the implementation of pre-contractual or contractual measures pursuant to Art. 6 para. 1 lit. b GDPR or is in our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR.
1.4 When you sign up for our newsletter
When you sign up for our newsletter, we collect the following data from you:
- E-mail address*.
The fields marked with * are mandatory.
We use the double opt-in mechanism for our newsletter mailing. After sending the registration, you will receive an e-mail from us containing a confirmation link. To definitely register for the newsletter, you must confirm this link. We will use your data for the newsletter mailing until you revoke your consent. You can revoke your consent at any time. You will also find an unsubscribe link in all newsletter e-mails.
Our newsletter may contain a so-called web beacon (tracking pixel) or similar technical means. A web beacon is a 1×1 pixel, invisible graphic that is associated with the user ID of the respective newsletter subscriber.
For each newsletter sent, there is information on the address file used, the subject and the number of newsletters sent. In addition, it is possible to see which addresses have not yet received the newsletter, to which addresses it was sent and for which addresses the sending failed. It can also bee see which addresses have opened the newsletter. And finally, it can be see which addresses have unsubscribed. We use this data for statistical purposes and to optimise the newsletter in terms of content and structure. This enables us to better tailor the information and offers in our newsletter to the individual interests of the recipients. The tracking pixel is deleted when you delete the newsletter.
To prevent the use of the web beacon in our newsletter, please set your mail programme so that no HTML is displayed in messages, if this is not already the case by default. On the following pages, you will find explanations on how to make this setting in the most common e-mail programmes.
By subscription to our newsletter, you give us your consent to process the personal data provided within the meaning of Art. 6 para. 1 lit. a GDPR for the regular dispatch of the newsletter to the address you have provided and for the statistical evaluation of user behaviour and the optimisation of the newsletter.
Cookies help in many ways to make your visit to our website easier, more enjoyable and more meaningful. Cookies are information files that your web browser automatically stores on your computer’s hard drive when you visit our website.
Most Internet browsers automatically accept cookies. However, you can configure your browser in such a way that no cookies are stored on your end device or that a message always appears when you receive a new cookie. On the following pages, you will find explanations of how you can configure the processing of cookies in the most common browsers:
- Microsoft’s Windows Internet Explorer
- Microsoft’s Windows Internet Explorer Mobile
- Mozilla Firefox
- Google Chrome for Desktop
- Google Chrome for Mobile
- Apple Safari for Desktop
- Apple Safari for Mobile
Deactivating cookies may mean that you cannot use all the functions of our website.
The legal basis for the processing of personal data for the above-mentioned purposes lies in our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR in ensuring the functionality and optimisation of our websites. In the case of purely analytical cookies, we base the processing of your personal data on your consent, which you give via the cookie banner.
3. Tracking tools
3.1 Google Analytics
We use Google Analytics, a web analytics service provided by Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland or Google Inc, 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA. Google Analytics uses methods that enable an analysis of the use of the website, such as cookies. The information generated by the cookie about your use of this website is transmitted to the servers of the providers of these services, stored there and processed for us. In addition to the data listed under point 1, we may receive the following information as a result:
- navigation path that a visitor follows on the website;
- length of stay on the website or sub-page;
- the sub-page on which the website is left,
- the country, region or city, from where access is made,
- end device (type, version, colour depth, resolution, width and height of the browser window);
- returning or new visitor;
- browser provider/version;
- the operating system used;
- the referrer URL (previously visited website);
- host name of the accessing computer (IP address), and
- time of the server request.
Before the data is transmitted to the provider, the IP address is shortened by activating IP anonymisation (“anonymizeIP”) on this website before transmission within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area, as well as in Switzerland. The anonymised IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. In these cases, we ensure through contractual guarantees that Google maintains a sufficient level of data protection.
The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services associated with the use of the website and the Internet for the purposes of market research and demand-oriented design of these internet pages. Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. According to Google, under no circumstances will the IP address be associated with other data relating to the user.
The legal basis for processing the data for this purpose lies in our legitimate interest in optimising our website and increasing the personalisation of our services in accordance with Art. 6 para. 1 lit. f GDPR.
Users can prevent the collection of data generated by the cookies (including the IP address) relating to the use of the website by Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de
An opt-out cookie is stored on your device. If you delete cookies, the link must be clicked again.
3.2 Google Tag Manager
We use Google Tag Manager, a service of Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland, or Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA, to manage cookies and pixels for tracking tools and other tools. The Tag Manager tool itself is a cookie-less domain and does not collect any personal data. Instead, the tool triggers other tags that may in turn collect data. If you have made a deactivation at the main or cookie level, this remains in place for all tracking tags implemented with Google Tag Manager.
This processing is based on our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR. You can object to this data processing at any time.
4. Google Maps
We use Google Maps API (Application Programming Interface, “Google Maps”) from Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, or Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA, on our website for the visual display of geographical information (maps). By using Google Maps, information about the use of our website, including your IP address, is transmitted to a Google server in the USA and stored there.
The legal basis for processing the data for this purpose is our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR. You can object to this data processing at any time.
5. Social media
On our website, we have included links to our social media presences on the following social networks:
- LinkedIn Corp., 1000 W. Maude Avenue, Sunnyvale, CA 94085, USA;
- Facebook Inc, 1601 S. California Ave, Palo Ave, CA 04304, USA.
If you click on the corresponding icons of the social networks, you will automatically be redirected to our profile of the respective social network. In order to be able to use the functions of the respective network there, you must partially log into your user account for the respective network.
When you open a link to one of our social media profiles, a direct connection is established between your browser and the server of the social network in question. This provides the network with the information that you have visited our website with your IP address and accessed the link. If you access a link to a network while logged into your account on the network concerned, the content of our site may be linked to your profile on the network, i.e. the network may link your visit to our website directly to your user account. If you want to prevent this, you should log out before clicking on the relevant links. In any case, an association takes place when you log in to the relevant network after clicking on the link.
For more information on the purpose and scope of data collection and processing by the above-mentioned social networks and your respective rights and data protection options, please refer to the respective privacy policies.
6. Social media plugins
On our website, we also directly integrate videos stored on YouTube. With this integration, content from the YouTube website is displayed in parts of a browser window. However, the YouTube videos are only called up by clicking on them separately. This technique is also called “framing”. When you call up a (sub-)page of our website, on which YouTube videos are embedded in this form, a connection is established to the YouTube servers and the content is displayed on the website by informing your browser.
YouTube content is only integrated in “extended data protection mode”. YouTube itself provides this mode and thus ensures that YouTube does not initially save any cookies on your device. However, when the relevant pages are called up, the IP address and other data are transmitted and thus, in particular, which of our Internet pages you have visited. However, this information cannot be attributed to you unless you have logged in to YouTube or another Google service (e.g. Google+) before accessing the page or are permanently logged in.
As soon as you start the playback of an embedded video by clicking on it, YouTube only saves cookies on your device through the extended data protection mode, which do not contain any personal data, unless you are currently logged in to a Google service. These cookies can be prevented by appropriate browser settings and extensions.
Google/YouTube: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland – https://policies.google.com/privacy, opt-out: https://adssettings.google.com/authenticated.
7. Data storage
We store your data in the Amazon Cloud. Amazon Cloud is a platform of Amazon.com Inc. The data centers are located in Frankfurt am Main, Germany. We base the processing of this data within the framework of the software on our legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR in customer-friendly and efficient customer data management, as well as on the implementation of contractual measures in accordance with Art. 6 para. 1 lit. b GDPR.
8. Disclosure of data to third parties
We only pass on your personal data if you have expressly consented to this, if there is a legal obligation to do so or if this is necessary to enforce our rights, in particular to enforce claims arising from the contractual relationship. Furthermore, we pass on your data to third parties insofar as this is necessary for the use of the website, the processing of your contact enquiries, the sending of marketing communications and the analysis of your user behaviour. The use of the data passed on for this purpose by the third parties is strictly limited to the aforementioned purposes.
9. Transfer of personal data abroad
10. Note on data transfers to the USA
For the sake of completeness, we would like to point out that the US authorities may take surveillance measures under US legislation that allow for the general storage of all data transferred from the European Union or Switzerland to the US. This is done without distinction, limitation or exception, on the basis of the objective pursued and without objective criteria that would allow limiting the access of the US authorities to personal data and their subsequent use to specific, strictly limited purposes justifying access to such data.
Furthermore, we would like to point out that there are no legal remedies in the USA for data subjects from EU Member States or Switzerland that would allow them to access the data concerning them and to obtain its rectification or deletion, and that there is no effective legal protection against general access rights of the US authorities. We expressly draw the data subject’s attention to this legal and factual situation so that they can make an informed decision about consenting to the use of their data.
11. Right to information, deletion and correction
You can object to data processing, in particular data processing in connection with direct marketing (e.g. against advertising emails), at any time. You have the following rights:
Right of access: You have the right to request access to your personal data stored by us at any time and free of charge if we process it. This gives you the opportunity to check what personal data we process about you and that we use it in accordance with the applicable data protection regulations.
Right of rectification: you have the right to have inaccurate or incomplete personal data rectified and to be informed of the rectification. In this case, we will inform the recipients of the data concerned of the adjustments made, unless this is impossible or involves disproportionate effort.
Right to deletion: you have the right to have your personal data deleted in certain circumstances. In individual cases, the right to deletion may be excluded.
Right to restrict processing: you have the right, under certain conditions, to request that the processing of your personal data be restricted.
Right to data portability: you have the right, in certain circumstances, to obtain from us, the personal data you have provided to us, free of charge and in a readable format.
Right to lodge a complaint with a supervisory authority: if you are a resident of an EU or EEA Member State, you have the right to lodge a complaint with a competent supervisory authority about the way, in which your personal data is processed.
Right of withdrawal: in principle, you have the right to withdraw your consent at any time. However, processing activities based on your consent in the past do not become unlawful as a result of your revocation.
12. Retention periods
We only store personal data for as long as necessary:
- to provide you with services that you have requested or for purposes, to which you have given your consent; and/or
- to enable the above tracking, advertising and analysis services within the scope of our legitimate interests.
Please note that special statutory retention periods may apply to certain data. We must store this data until the end of the retention period. After that, business communication or concluded contracts, for example, must be stored for up to 10 years. We block such data in our system and use it exclusively to fulfil our legal obligations.
13. Data security
We use appropriate technical and organisational security measures to protect your personal data stored with us against manipulation, partial or complete loss and against unauthorised access by third parties. Our security measures are continuously adapted in line with technological developments.
We also take internal data protection very seriously. Our employees and the service companies commissioned by us are obliged by us to maintain confidentiality and to comply with the provisions of data protection law. Furthermore, they are only granted access to personal data to the extent necessary.
If you have any questions about data protection, if you would like information or if you would like to request the deletion of your personal data, please contact us by e-mail at [email protected] or by post at the following address.
Date: March 2021