Privacy

Privacy Policy

We, WEINMANN ZIMMERLI, Trademark & Patent Attorneys, Attorneys at Law (hereinafter WEINMANN ZIMMERLI), explain in this Privacy Policy how personal data is collected and processed by us. In this context, all information that represents information about an identified or identifiable person is considered personal data.

If you provide us with personal data that does not relate to yourself but to another person (e.g. spouse or other family members, friends, work colleagues, etc.), you must ensure in advance that the person(s) concerned is (are) aware of this Privacy Policy and agrees to its contents. We ask you to only provide us with third parties personal data after you have received permission. Please ensure that the personal data you provide us with is correct.

WEINMANN ZIMMERLI is an IP office based in Switzerland. As such, we are primarily active in Switzerland. However, since we also have clients from the European Union, this privacy policy has been drawn up in accordance with both Swiss data protection law and the European Union General Data Protection Regulation (GDPR).

I. Name and address of the person responsible

The responsible person in accordance with the Swiss Data Protection Act and the European Union General Data Protection Regulation as well as other national data protection laws of the EU member states and other data protection regulations:

WEINMANN ZIMMERLI
Trademark & Patent Attorneys, Attorneys at Law
Apollostrasse 2
PO Box
8032 Zürich
Switzerland
Phone: +41 (0)44 225 41 71
E-mail: info@weinmann-zimmerli.ch

You may contact us using the above information if you have data privacy concerns.

II. General information on data processing

1. Extent of personal data processing

We process in particular personal data of our clients, which are communicated to us by the client himself in the context of contractual relationships. The same applies to personal data of our business partners. In addition, personal data is only processed to the extent necessary to provide a functional website and our content and services. Personal data is regularly only processed with the consent of the person concerned. An exception is made in those cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.

In case there is a client-lawyer relationship with you, in addition to the data provided by you, we may collect information on third parties concerning the following categories of personal data:

Information from public registers
Personal information taken from correspondence and meetings with third parties
Information provided in the context of legal or official proceedings
Information on professional activities and functions
Personal information taken from the media and the Internet

In addition, data from publicly accessible sources (e.g. commercial register, debt collection register, land register, press, Internet, etc.) may also be collected in order to fulfil our contractual obligations to the extent permitted by law. This also includes data that is transmitted to us by our clients and their auxiliary personnel, the Swiss Federal Institute of Intellectual Property, authorities, courts and other third parties (e.g. contractual partners or counterparties).

2. Purpose of data processing

The personal data we collect is used to finalize and execute contracts with our clients and business partners. In addition, the personal data collected by us is used in particular for the provision of legal services to our clients, which includes the purchasing of services from third parties (e.g. foreign correspondent lawyers called in, etc.). If contractual or other business ties exist between you and one of our clients or business partners, you may also be affected by our data collection and processing due to the existing legal relationship with our client.

Assertion of legal claims and defence in connection with legal disputes and official proceedings;
Prevention and resolution of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
Warranties of our operations, especially IT, our websites and other platforms.

Finally, personal data is collected to provide a functional website, as far as this is necessary.

3. Legal basis for the processing of personal data

Whenever we obtain the consent of the respective person for processing of personal data, Art. 4 para. 5 DSG, Art. 13 para. 1 DSG and Art. 6 para. 1 lit. a GDPR serve as the legal basis.

In the processing of personal data required for the execution of a contract to which the data subject is a party, Art. 13 para. 2 letter a DSG and Art. 6 para. 1 letter b GDPR serve as the legal basis. This also applies to processing operations which are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our law firm is subject, Art. 6 para. 1 lit. c GDRP serves as the legal basis.

4. Data deletion and storage duration

Personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage no longer applies. Furthermore, data may be stored if the European or national Swiss legislator has stipulated this in regulations, laws or other directives to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned norms expires, unless there is a need for further storage of the data in order to conclude or fulfil a contract.

5. Data transfer to third parties and data transfer abroad

Your personal data will be disclosed to third parties solely for the purpose of fulfilling our contractual obligations or in the context of our business activities and to fulfil the purpose of data processing, to the extent permitted by law. In these cases data will be passed on to the following parties in particular:

Domestic and foreign courts, authorities or official bodies;
Dealers, suppliers, auxiliary persons (especially foreign correspondence lawyers, domain registrars etc.);
Service providers (e.g. banks, insurance companies);
Counterparties, if appropriate;
Other parties in legal proceedings.

The above-mentioned possible recipients are partly in the domestic territory, but can be in any country globally. If data is transferred to correspondent lawyers or other entities, authorities, courts, etc. abroad, this will only take place with your consent in accordance with Art. 4 para. 5 DSG, Art. 13 DSG and Art. 6 para. 1 lit. GDRP.

III. Provision of the website and cookies

1. Cookies

So-called cookies are set each time our website is accessed. These are small text files that are stored on your end device. Our system automatically collects data and information from the computer system of the calling computer. The following data is collected:

Browser type and version;
Operating system;
Referrer URL;
Hostname of the accessing computer;
Time of the server request;
IP address.

The temporary storage of the IP address by the system is necessary to enable the website to be sent to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session. This data is not merged with other data sources.

These purposes also include our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.

The data will be deleted as soon as it is no longer necessary for the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session is ended.

When you access our website, you will be informed about the setting of cookies and can decide whether to accept them. You can also manage the cookie settings via your browser. Please note that if cookies are rejected, the functionality of our website may be limited.

2. Google Analytics

Our website uses the web analysis services Google Analytics of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). Google Analytics sets cookies on your computer when you visit our website. These cookies generate information about your use of our website, including your abbreviated IP address. This information is transferred to a Google server and stored there, which includes the servers of Google LLC. in the USA. It is ensured that your IP address is made anonymous by means of abbreviation, which excludes the possibility of a direct personal connection to the processed data. A reduction is only waived if this is permissible on the basis of processing in accordance with Art. 6 Para. 1 letter f GDPR on the grounds of our justified interest in the statistical analysis of user behaviour for optimisation and marketing purposes.

You may refuse the use of cookies set by Google Analytics by selecting the appropriate settings on your browser. We would like to point out, however, that in this case you may not be able to use all functions of this website to their full extent. In addition, you can prevent the collection of data by Google Analytics cookies (including your IP address) to Google and their processing by Google through downloading and installing the browser plugin available at the following link:

https://tools.google.com/dlpage/gaoptout?hl=de

Further information on Google Analytics can be found here:

https://policies.google.com/privacy?hl=de&gl=de

For the processing of your data by means of Google Analytics, your consent has been obtained in accordance with Art. 6 para. 1 lit. a GDPR.

IV. E-mail contact

You can contact us electronically using the e-mail addresses provided on our website. In this case, the user's personal data transmitted with the e-mail will be stored. In this context, the data will not be passed on to third parties. The data will be used to process the conversation. If a client relationship is established, your data will be processed according to the explanations in section "II. General information on data processing".

V. Rights of the data subject

If your personal data is processed, you are a data subject as defined by the GDPR and you are entitled to the following rights against the person responsible:

1. Right to information

You may request confirmation from the person responsible as to whether personal data concerning you is being processed by us. If such processing has taken place, you can request information from the data controller about the following:

the purposes for which the personal data are processed;
the categories of personal data which are processed;
the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
the planned duration of storage of the personal data concerning you or, if specific details are not possible, criteria for determining the duration of storage
the existence of a right to rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing;
the existence of a right of appeal to a supervisory authority;
any available information as to the origin of the data if the personal data are not collected from the data subject.

2. Right to rectification

You have the right to ask the data controller to correct and/or complete the data if the personal data processed concerning you is incorrect or incomplete. The data controller must make the correction without delay.

3. Right to release and deletion

You may request the person responsible for the data to release and delete personal data concerning you. The person in charge is obliged to release or delete this data, provided that you sign a corresponding confirmation, which releases the person in charge from his legal obligations to keep the data. Otherwise, the exceptions listed below apply. The right to deletion does not apply if the processing is necessary

to fulfil a legal obligation that requires processing in accordance with the legal provisions of Switzerland, the European Union or the member states
to assert, exercise or defend legal claims.

4. Rights regarding the processing of information

If you have exercised the right of rectification, erasure or limitation of processing towards the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed about these recipients.

5. Right of objection

You have the right to object to the processing of personal data concerning you at any time for reasons arising from your particular situation.

The person responsible will no longer process the personal data concerning you unless he/she can demonstrate compelling reasons for processing which are worthy of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.

6. Right to revoke the declaration of consent under data protection law

You have the right to revoke your data protection consent declaration at any time. Revocation of your consent does not affect the legality of the processing that has taken place on the basis of your consent until revocation.

7. Right to appeal to a supervisory authority

Every data subject also has the right to enforce his or her rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch).