Privacy Policy
With this privacy policy I inform which personal data I process how, for what and where, especially in connection with my allerlay.com website and my other offers. With this privacy policy, I also inform about the rights of persons whose data I process.
For individual or additional offers and services, special, supplementary or additional data protection declarations as well as other legal documents such as general terms and conditions (GTC), terms of use or conditions of participation may apply.
My offer is subject to Swiss data protection law as well as any applicable foreign data protection law, such as in particular that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognizes that Swiss data protection law ensures adequate data protection.
Contact addresses
Responsibility for the processing of personal data:
Thinh-Lay Wonesky
12 Old Mail Trail
Danville, PA 17821
USA
I point out if there are other persons responsible for the processing of personal data in individual cases.
Processing of personal data
Terms
Personal data is any information that relates to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, collection, deletion, storage, modification, destruction and use of personal data.
The European Economic Area (EEA) comprises the European Union (EU) and the Principality of Liechtenstein, Iceland and Norway. The General Data Protection Regulation (GDPR) refers to the processing of personal data as processing of personal data.
Legal basis
I process personal data in accordance with Swiss data protection law such as, in particular, the Federal Data Protection Act (FADP) and the Ordinance to the Federal Data Protection Act (FDPA).
I process – if and to the extent the General Data Protection Regulation (GDPR) is applicable – personal data according to at least one of the following legal bases:
Art. 6 para. 1 lit. b DSGVO for the necessary processing of personal data for the performance of a contract with the data subject as well as for the implementation of pre-contractual measures.
Art. 6 para. 1 lit. f DSGVO for the necessary processing of personal data to protect the legitimate interests of us or of third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests are, in particular, our interest in being able to provide our offer permanently, in a user-friendly, secure and reliable manner, as well as to be able to advertise for it if necessary, information security as well as protection against misuse and unauthorized use, the enforcement of our own legal claims and compliance with Swiss law.
Art. 6 para. 1 lit. c DSGVO 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 in the European Economic Area (EEA).
Art. 6 para. 1 lit. e DSGVO for the necessary processing of personal data for the performance of a task which is in the public interest.
Art. 6 para. 1 lit. a DSGVO for the processing of personal data with the consent of the data subject.
Art. 6 (1) (d) GDPR for the necessary processing of personal data to protect the vital interests of the data subject or another natural person.
Nature, scope and purpose
I process those personal data that are necessary to provide my offer permanently, user-friendly, secure and reliable. Such personal data can fall into the categories of inventory and contact data, browser and device data, content data, meta or edge data and usage data, location data, sales, contract and payment data.
I process personal data for the duration that is required for the respective purpose(s) or by law. Personal data whose processing is no longer necessary will be anonymized or deleted. Persons whose data I process have in principle a right to deletion.
I process personal data in principle only after consent of the data subject, unless the processing is permitted for other legal reasons, for example, for the performance of a contract with the data subject and for appropriate pre-contractual measures, to protect our overriding legitimate interests, because the processing is evident from the circumstances or after prior information.
In this context, I process in particular information that a data subject voluntarily and personally provides to me when contacting me – for example, by mail, e-mail, contact form, social media or telephone – or when registering for a user account. I may store such information, for example, in an address book or with comparable tools. If you transmit personal data to me via third parties, you are obliged to ensure data protection vis-à-vis such third parties and to ensure the accuracy of such personal data.
I also process personal data that we receive from third parties, obtain from publicly available sources or collect in the course of providing our services, if and to the extent that such processing is permitted for legal reasons.
Processing of personal data by third parties, also abroad
I may have personal data processed by commissioned third parties or process it jointly with third parties and with the help of third parties or transmit it to third parties. Such third parties are in particular providers whose services I use. I also ensure appropriate data protection for such third parties.
Such third parties are generally located in Switzerland and in the European Economic Area (EEA). However, such third parties may also be located in other states and territories on earth as well as elsewhere in the universe, provided that their data protection law ensures adequate data protection according to the assessment of the Swiss Federal Data Protection and Information Commissioner (FDPIC) and – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – according to the assessment of the European Commission, or if adequate data protection is ensured for other reasons, such as through a corresponding contractual agreement, in particular on the basis of standard contractual clauses, or through a corresponding certification. For third parties in the United States of America (USA), certification in accordance with the Privacy Shield may ensure adequate data protection. Exceptionally, such a third party may be located in a country without adequate data protection, provided that the requirements under data protection law, such as the express consent of the data subject, are met.
Rights of data subjects
Data subjects whose personal data I process have the rights under Swiss data protection law. These include the right to information and the right to rectification, deletion or blocking of the processed personal data.
Data subjects whose personal data I process may – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – request confirmation free of charge as to whether we are processing their personal data and, if so, request information about the processing of their personal data, have the processing of their personal data restricted, exercise their right to data portability, and have their personal data corrected, deleted (“right to be forgotten”), blocked or completed.
Data subjects whose personal data I process may – if and insofar as the GDPR applies – revoke any consent they have given at any time with effect for the future and object to the processing of their personal data at any time.
Data subjects whose personal data I process have a right of appeal to a competent supervisory authority. The supervisory authority for data protection in Switzerland is the Swiss Federal Data Protection and Information Commissioner (FDPIC).
Data security
I take appropriate and suitable technical and organizational measures to ensure data protection and data security in particular. However, despite such measures, the processing of personal data on the Internet can always have security gaps. I can therefore not guarantee absolute data security.
Access to my online offer takes place via transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers mark transport encryption with a padlock in the address bar.
Access to my online offer is subject – as is basically any use of the Internet – to mass surveillance and other monitoring by security authorities in Switzerland, in the European Union (EU), in the United States of America (USA) and in other countries without any reason or suspicion. I cannot directly influence the corresponding processing of personal data by secret services, police agencies and other security authorities.
Website use
Cookies
I may use cookies for my website. Cookies – both my own cookies (first-party cookies) and cookies from third parties whose services I use (third-party cookies) – are data in text form that are stored in your browser. Cookies cannot execute programs or transmit malware such as Trojans and viruses.
Cookies can be stored temporarily in your browser as “session cookies” when you visit my website or for a certain period of time as so-called permanent cookies. “Session cookies” are automatically deleted when you close your browser. Permanent cookies allow, in particular, to recognize your browser the next time you visit my website and thus, for example, to measure the reach of my website. However, permanent cookies can also be used for online marketing, for example.
You can disable cookies in your browser settings at any time, in whole or in part, as well as delete them. Without cookies, my website may no longer be fully available. I ask you – if and where necessary – actively for your express consent for the use of cookies.
In the case of cookies used for performance and reach measurement or for advertising, a general objection (“opt-out”) is possible for numerous services via the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).
Server log files
I may collect the following information for each access to my website, provided that this information is transmitted by your browser to our server infrastructure or can be determined by our web server: Date and time including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including amount of data transferred, website last accessed in the same browser window (referer or referrer).
I store such information, which may also constitute personal data, in server log files. The information is necessary to provide my online offer permanently, user-friendly and reliable and to ensure data security and thus in particular the protection of personal data – also by third parties or with the help of third parties.
Tracking pixel
I may use tracking pixels on our website. Tracking pixels are also known as web beacons. Tracking pixels – also from third parties whose services I use – are small, usually invisible images that are automatically retrieved when you visit our website. With tracking pixels, the same information can be collected as in server log files.
Notifications and messages
I send notifications and communications such as newsletters via email and other communication channels such as instant messaging.
Success measurement and reach measurement
Notifications and messages may contain web links or tracking pixels that record whether an individual message was opened and which web links were clicked. Such web links and tracking pixels may also track usage of notifications and communications on a personal basis. I need this statistical recording of usage for performance and reach measurement in order to be able to offer notifications and communications effectively and in a user-friendly manner based on the needs and reading habits of the recipients, as well as permanently, securely and reliably.
Consent and objection
In principle, you must expressly consent to the use of your e-mail address and other contact addresses, unless the use is permitted for other legal reasons. For any consent to receive e-mails, I use the “double opt-in” procedure whenever possible, which means that you will receive an e-mail with a web link that you must click to confirm, so that no misuse by unauthorized third parties can occur. I may log such consents including Internet Protocol (IP) address, date and time for evidence and security reasons.
In principle, you can unsubscribe from notifications and communications such as newsletters at any time. Notifications and messages that are absolutely necessary for my offer remain reserved. By unsubscribing, you can in particular object to the statistical recording of usage for performance and reach measurement.
Service provider for notifications and messages
We send notifications and messages via third-party services or with the help of service providers. Cookies may also be used in the process. We ensure appropriate data protection for such services as well.
Social Media
I am present on social media platforms and other online platforms to communicate with interested persons and to inform them about my offer. In doing so, personal data may also be processed outside of Switzerland and the European Economic Area (EEA).
The General Terms and Conditions (GTC) and Terms of Use as well as data protection declarations and other provisions of the individual operators of such online platforms also apply in each case. These provisions inform in particular about the rights of data subjects, which include in particular the right to information.
For my social media presence on Facebook, if and to the extent that the GDPR is applicable, I am jointly responsible with Facebook for the so-called Page Insights. Page Insights provide information about how visitors interact with our Facebook presence. I use Page Insights to provide my social media presence on Facebook in an effective and user-friendly way. Facebook has published information about Page Insights data and an addendum regarding Page Insights responsibilities.
Third party services
I use third-party services to provide my offer permanently, user-friendly, secure and reliable. Such services are also used to embed content on my website. Such services – for example hosting and storage services, video services and payment services – require your Internet Protocol (IP) address, otherwise such services cannot transmit the corresponding content. Such services may be located outside of Switzerland and the European Economic Area (EEA), provided that adequate data protection is guaranteed.
For their own security, statistical and technical purposes, third parties whose services I use may also process data related to our offer as well as from other sources – including cookies, log files and counting pixels – in aggregated, anonymized or pseudonymized form.
Audio and video conferencing
I use audio and video conferencing services to communicate with our customers and others. In particular, I can use them for audio and video conferencing, virtual meetings, and training such as webinars.
I only use services where an appropriate level of data protection is guaranteed. In addition to this privacy policy, any terms and conditions of the services used, such as terms of use or privacy statements, also apply.
In particular, I use Facebook Messenger including Facebook Messenger Rooms, a service of Facebook Ireland Ltd. in Ireland and the American Facebook Inc. respectively. Information about the type, scope and purpose of data processing can be found in the Facebook data policy and on the page “Privacy and security in Messenger”.
In particular, I use Zoom, a service of the American Zoom Video Communications Inc. With the certification according to Privacy Shield, Zoom guarantees adequate data protection. Zoom also grants the rights under the European General Data Protection Regulation (GDPR) to users in Switzerland. Further information on the nature, scope and purpose of data processing can be found in the data protection guidelines and on the “Legal provisions and data protection” page of Zoom.
Social media functions and social media content
AddThis
I use AddThis to enable you to share content from my online offering on social media and other online platforms, as well as to use other social media functions. Cookies are also used in the process. AddThis is a service of the American Oracle Corporation. Social media and other online platforms to which you are logged in as a user can assign the use of our online offer to your profile.
Further information on the type, scope and purpose of data processing can be found in the AddThis data protection declaration and in the general data protection declaration of Oracle. Furthermore, there is the possibility to inform yourself about cookies and tracking pixels at AddThis as well as interests recorded by Oracle for advertising as well as to object to interest-based advertising.
To the extent that you do not want to receive emails from people sharing content with AddThis via email, you may object to emails via AddThis.
Fonts
I use Google Fonts to embed selected fonts into my website. No cookies are used in the process. This is a service of the American Google LLC, which is offered independently of other Google services. For users in the European Economic Area (EEA) and Switzerland, the Irish company Google Ireland Limited is responsible. Further information about the nature, scope and purpose of data processing can be found in the Privacy and Security Policy and in Google’s privacy policy.
Success and reach measurement
Google Analytics
I use Google Analytics to analyze how my website is used, including, for example, measuring the reach of our website and the success of third-party links to our website. This is a service of the American Google LLC. For users in the European Economic Area (EEA) and Switzerland, the Irish Google Ireland Limited is responsible.
Google also attempts to record individual visitors to our website when they use different browsers or devices (cross-device tracking). Cookies are also used for this purpose. Google Analytics requires your Internet Protocol (IP) address, but this is not merged with other Google data.
In any case, I have your Internet Protocol (IP) address anonymized before analysis by Google. As a result, your full IP address is generally not transmitted to Google in the USA.
Further information about the nature, scope and purpose of data processing can be found in Google’s privacy and security policy and privacy statement in each case, in the guide to data protection in Google products (including Google Analytics), in the information on how Google uses data from websites on which Google services are used and in the information on cookies at Google. In addition, it is possible to use the “Browser Add-on to deactivate Google Analytics” as well as to object to personalized advertising.
Matomo
I use the free open source software Matomo (formerly Piwik) on my own server infrastructure to measure the reach of my online offering. Cookies may also be used in the process. Your Internet Protocol (IP) address is anonymized before analysis.
WordPress.com Stats
I use WordPress.com Stats, a module of the WordPress extension Jetpack, to measure the reach of our online offer. Cookies are also used in this process. Jetpack is a service of Aut O’Mattic A8C Ireland Ltd. in Ireland and the American Automattic Inc. respectively, which is known among other things for its WordPress.com offer. Further information about the type, scope and purpose of data processing can be found in Automattic’s privacy policy for websites, in Automattic’s general privacy policy and in the “Jetpack Privacy Center”.
Extensions for the website
I use Akismet to distinguish wanted comments that come from humans from unwanted comments from bots and other spam. Cookies are also used in this process. Akismet is a service of Aut O’Mattic A8C Ireland Ltd. in Ireland and the American Automattic Inc. respectively, which is known for its WordPress.com service among other things. Further information about the type, scope and purpose of data processing can be found in Automattic’s privacy policy for websites and in Automattic’s general privacy policy.
I use the WordPress extension Jetpack, which enables various functions I need for our online offer in the form of modules. Cookies are also used in the process. Jetpack is a service of Aut O’Mattic A8C Ireland Ltd. in Ireland and the American Automattic Inc. respectively, which is known among other things for its WordPress.com offer. Further information about the type, scope and purpose of data processing can be found in Automattic’s privacy policy for websites, in Automattic’s general privacy policy and in the “Jetpack Privacy Center” as well as on the page about cookies at Jetpack.
Final provisions
I have created this privacy policy with the data protection generator of Datenschutzpartner.
I can adapt and supplement this privacy policy at any time. I will inform about such adaptations and additions in an appropriate form, in particular by publishing the respective current privacy policy on my website.