Privacy Policy & Terms of Use by ajooda AG

Privacy Policy

  1. What is the purpose of this Privacy Policy? The ajooda AG (hereinafter referred to as “ajooda,” “we,” “us”) collects and processes personal data that concerns you or other individuals (referred to as “third parties”). In this Privacy Policy, we use the term “data” interchangeably with “personal data.” This Privacy Policy outlines what we do with your data when you use our website, access our services, engage in contractual relations with us, communicate with us, or otherwise interact with us. This Privacy Policy is designed to comply with the requirements of the Swiss Data Protection Act (“DSG”).

1.1 What are personal data? We process your general personal data. Personal data includes any information that relates to an identifiable natural person. A natural person is identifiable if the available information allows conclusions to be drawn about the person’s identity.

Example: Your name, IP address, and home address are considered personal data.

  1. What categories of data do we process?

2.1 Provided Data You often provide us with your personal data. Whenever you enter and submit your personal data to us, it is considered provided data. The transmission of data to us is voluntary but may be necessary in part to use our services. Provided data includes, for example:

  • Your information in a contact form
  • Personal details and uploaded documents in tax forms
  • Personally delivered tax documents
  • Information in accounting forms
  • Information about company formation (This list is not exhaustive.)

2.2 Communication Data When you contact us through the contact form, email, phone, WhatsApp, letter, or other communication means, we capture the data exchanged between you and us (emails, phone numbers, messages). Conversations or video calls (e.g., via Microsoft Teams) are not recorded by us.

2.3 Technical Data When you use our services, we may collect some of your data without requiring your active participation. Typically, these data are related to your device and user behavior.

Example: We collect data about the device’s operating system and IP address when you access our website.

2.4 Product Improvement We strive to continuously improve our offerings. To this end, we could use your personal data for the development and enhancement of our products and services.

Example: We could collect data about website visitor behavior to understand user behavior and continuously improve user-friendliness.

2.5 Tools We collaborate with tool providers worldwide to process your personal data. This enables us to benefit from the global offering and utilize the best and most reliable services.

Example: We use services from Google (e.g., Google Analytics).

  1. Where do we collect your data?

From You: Many of the aforementioned data are provided by you (e.g., contact or tax forms). With exceptions in individual cases (e.g., legal obligations), you are not obligated to disclose your data. However, if you wish to use our services, you must provide certain data.

From Third Parties: We may also obtain data from publicly accessible sources (e.g., business and trade registers, land registers, internet, and social media) or receive them from authorities and other third parties (e.g., credit agencies, address vendors, associations, contract partners). This includes, among other things: master data, contract data, and other data. If you work for an employer or contractor who is in a business relationship or otherwise associated with us, they may also provide us with data about you.

  1. Why do we process your data?

4.1 Operation of Our Website You can visit our website and learn about our services without disclosing your identity. However, to securely and stably operate our website, we may collect technical data, such as cookies, with your consent.

4.2 Initiation, Management, Fulfillment, and Execution of the Contractual Relationship with You This is essential for us to provide our services comprehensively. It is also necessary for enforcing legal claims from contracts (debt collection, legal proceedings, etc.), bookkeeping, contract termination, and public communication.

4.3 Communication To communicate with you (e.g., responding to inquiries, consultation, and contract execution), we process your data. If we need to verify or establish your identity, we may collect additional data (e.g., a copy of an ID).

4.4 Marketing and Relationship Management For marketing and relationship management purposes, we process data to send personalized advertisements (e.g., via email or other electronic channels) about our products, services, and other updates. You can unsubscribe from receiving our information and marketing emails at any time. A link is provided at the end of the email.

4.5 Market Research, Service Optimization, and Product Development To continuously improve our products and services, we analyze how visitors navigate our website or how different groups of people use our products.

4.6 Other Purposes These additional purposes include training purposes, administrative purposes (e.g., accounting), safeguarding our rights, and evaluating and improving internal processes. We may record telephone conversations for training and quality assurance purposes. In such cases, we will inform you (e.g., with a corresponding announcement before the call), and you are free to end the communication. Such recordings may only be made and used according to our internal guidelines. Protecting other legitimate interests is also among the additional purposes, which cannot be exhaustively enumerated.

  1. On What Legal Basis Do We Process Your Data?

5.1 Contract Processing data for the provision of a service or the conclusion of a contract is the legal basis for us to process your data.

5.2 Legal Obligations We may process your data based on legal and regulatory provisions that we are obligated to comply with.

5.3 Legitimate Interest We may process your data based on our legitimate interest or the legitimate interest of a third party. This applies especially to achieving the purposes and goals mentioned in the section “Why do we process your data?” and performing related measures. We have an interest in marketing our products and services, optimizing our services for customers (including simplifying and advising on customer contact), efficiently managing our business, and protecting our systems and interests against third parties.

5.4 Consent When we request your consent for processing your data, this is the legal basis for us to process your data. We will inform you about the purpose of processing. You can revoke your consent at any time by notifying us in writing by post or email. Once we receive and process the notice of revocation of your consent, we will no longer process your data for the purposes you originally agreed to (unless further processing is permitted under a different legal basis).

5.5 Other Legal Bases In specific cases, we may also perform data processing based on other legal bases. If this is the case, we will inform you on an individual basis.

  1. How Do We Process Your Personal Data and How Long Do We Retain It?

We collect and process your personal data confidentially and responsibly. To achieve this, we implement appropriate security measures to maintain the confidentiality, integrity, and availability of your personal data. These measures protect against unauthorized or unlawful processing, as well as the risks of loss, accidental alteration, unintended disclosure, or unauthorized access. However, complete elimination of security risks is generally not possible, and some residual risk is unavoidable.

We process your data as long as our processing purposes, legitimate interests for our customers, legal retention periods, and our legitimate interests in documentation and evidence require it, or as storage is technically necessary (e.g., for data backups).

For the sake of confidentiality, integrity, and contractual availability of personal data, we implement appropriate technical and organizational measures (e.g., access and access controls).

Unless specific legal retention requirements apply on a case-by-case basis, we usually process personal data for the duration of the business relationship or contract term and, depending on the applicable legal basis, for an additional five, ten, or more years. This corresponds to the duration during which we can assert legal claims against third parties or third parties can assert legal claims against us. Ongoing or expected legal proceedings may result in processing beyond this period.

  1. Whom Do We Disclose Your Data to in Certain Cases?

7.1 Authorities We may disclose personal data to authorities, courts, and other authorities in Switzerland and abroad if we are legally obligated or entitled to do so, or if it appears necessary to protect our interests (e.g., criminal investigations, police measures, regulatory requirements and investigations, legal proceedings, reporting obligations, pre-trial and out-of-court proceedings, as well as legal information and participation obligations).

7.2 Partner Companies When entering into contracts (e.g., insurance or mortgages), we may need to provide certain personal data to our partner companies, such as insurance companies or banks, or other companies. If you wish to use such an offer, we will share data about you or necessary content data with these companies. Before such data transfer, you will always be informed, and data transfer will only take place with your consent.

7.3 Software We collaborate with software solution providers in Switzerland and abroad. We use software that complies with the Swiss Data Protection Act and the General Data Protection Regulation (DSGVO).

All these categories of recipients may themselves involve third parties, which means your data may also be accessible to these third parties.

We process and store personal data primarily in Switzerland and the European Economic Area (EEA). However, we may process data in any country in the world, primarily through subcontractors of our service providers.

If a recipient is in a country without adequate data protection, we contractually obligate the recipient to adhere to an adequate level of data protection (we use the revised standard contract clauses of the European Commission), unless the recipient is already subject to a legally recognized framework for ensuring data protection and we cannot rely on an exception provision.

  1. What Rights Do You Have?

To facilitate your control over the processing of your personal data, you have the following rights in connection with our data processing, depending on applicable data protection law:

  • The right to request information from us about whether and which data we process about you.
  • The right to request the correction of data if it is inaccurate.
  • The right to request the deletion of data.
  • The right to request the issuance of certain personal data in a common electronic format or its transfer to another controller.
  • The right to revoke consent, to the extent that our processing is based on your consent.
  • The right to receive additional information necessary to exercise these rights upon request.

If you wish to exercise the above rights with us, please contact us by email. You can find our contact information in Section 2. To prevent abuse, we need to identify you (e.g., with a copy of an ID, if not possible otherwise).

  1. Use of Online Tracking Tools

When using our website, data is generated and stored in logs (especially technical data). Additionally, we may use cookies and similar technologies (e.g., pixel tags or fingerprints) to recognize website visitors, analyze their behavior, and identify preferences. A cookie is a small file transmitted between the server and your system, enabling recognition of a specific device or browser.

You can configure your browser to automatically reject, accept, or delete cookies. You can also disable or delete cookies on a case-by-case basis.

Generally, the technical data collected by us and cookies do not contain personal data. However, personal data that we or authorized third parties store about you may be linked with technical data or information obtained from cookies and thus potentially linked to your identity.

We also use social media plugins, which are small software components that establish a connection between your visit to our website and a third-party provider. The social media plugin informs the third-party provider that you have visited our website and may transmit cookies that the third-party provider placed on your web browser. For more information on how these third-party providers use personal data collected through their social media plugins, refer to their respective privacy policies.

In addition, we use our own tools and services provided by third parties (which may also use cookies) on our website, particularly to enhance website functionality or content (e.g., integration of videos or maps), generate statistics, and display advertisements.

Currently, we may use offerings from the following service providers and advertising partners, and their contact details and additional information on data processing can be found in their respective privacy policies:

Google Analytics

Provider:Google Ireland Ltd.

Privacy Policy: https://support.google.com/analytics/answer/6004245

  1. Contact

If you have questions about this Privacy Policy, please contact us at: https://ajooda.ch/kontakt-formular/

  1. Can This Privacy Policy Be Modified?

This Privacy Policy is not part of a contract with you. We reserve the right to make changes to this Privacy Policy at any time. The version published on this website is the current version.

31st August 2023

Terms of Use

By using our website, you agree to the terms of use for the website as well as the associated privacy policy for using the website. Changes to these terms by ajooda AG are possible at any time and will be published here. The respective provisions in effect at the time of your use apply.

The information provided on the website is intended for informational purposes only. We do not provide any warranty or liability for it. Similarly, we are not responsible for the content of third-party websites that may be referred to by links. To the extent permitted, Swiss law applies.

All copyrights and other protections for the content available on the website remain with us or the respective rights holders. The content of the website may not be copied, altered, distributed, or otherwise used for commercial purposes without our prior explicit consent.

Responsibilities and Limitations

Please note that you remain fully responsible to the relevant authorities (e.g., for meeting deadlines, correctness of information provided by you, etc.).

We handle each tax return with the utmost care. By submitting your data and documents for the tax return, you acknowledge that the duty of care for the tax return lies with you after its submission to the tax office, and we do not assume liability for errors. If you find an error while reviewing the tax return, please contact us as soon as possible to correct it.

After submitting your tax return to the tax office, you will automatically receive a copy (PDF) via email. You can save your tax return locally at any time. The responsibility for archiving the submitted tax return lies with you.

The tax file we create to process your tax return with the tax software of your respective canton of residence remains the property of ajooda AG at all times. You have no claim to receive it.

We always act to the best of our knowledge and belief. However, you are aware that our tax advice is a non-binding tool and that you are responsible for your actions.

To provide our services, we may involve third parties. If these third parties process personal data, this is subject to the rules of our privacy policy.

We reserve the right to change, terminate, or deny access to the ajooda.ch website, related processes, and services at any time, without the need to provide reasons and without liability or compensation consequences.

We exclude all liability of ajooda AG to the extent permitted by law. In particular, we also disclaim any liability for third-party websites, products, or services, even if they are presented to you based on the analysis of your user data by ajooda or otherwise brought to your attention.

Depending on how and on which devices you use ajooda, costs for internet or mobile network connectivity may arise (e.g., roaming), which will be billed to you by your mobile network provider.

Usage Rights and Data Rights

All copyrights and other protections (e.g., of the website, elements of ajooda, etc.) remain with us or our licensors. You are not granted any copyrights or protective rights; you are only entitled to use ajooda according to the provisions and limitations of these terms of use. In particular, you are not entitled to disassemble, reverse engineer, or derive the source code of ajooda, the website, or the app in any way.

You are only entitled to use ajooda for your own personal use and for the intended purposes. You may not use ajooda for illegal or inappropriate purposes or for providing services to third parties. You may not use automated processes (such as scripts, bots, agents, etc.) to access ajooda, your user data, or other data related to ajooda, to copy, collect, transmit such data, or to monitor or test the use, access, or security settings of ajooda.

With your usage (including uploading data and files), you may not endanger or overload our systems. In case of a violation of this provision, we can hold you fully liable for any damages, including claims by third parties, and you shall indemnify us and make us whole from these, and then free from damage.

Your right to use ajooda is non-exclusive and revocable at any time. We reserve the right to restrict ajooda at any time without being obligated to state a reason.

The rights to the data you enter and that can be attributed to you remain with you. The rights to anonymized, aggregated, or otherwise depersonalized data as well as the data and insights gained from the analysis of user data lie with us. Further information can be found in our privacy policy.

You hereby grant us the necessary rights to carry out the processing, analysis, and data processing described herein and confirm that you have any necessary rights and consents from third parties to grant us these rights.

Termination and Deletion Right

You can discontinue the use of ajooda services at any time after paying outstanding claims of ajooda AG to you as an individual or legal entity (e.g., open invoices from ajooda AG), unless otherwise contractually regulated between you and ajooda AG (e.g., notice period).

Please note that ajooda is not a data storage or data archiving service. We have no obligation to continue storing, archiving, or otherwise retaining your data after the termination of our service relationship. We are entitled to delete your data after the conclusion of our service relationship without further notice. Further information on data handling can be found in our privacy policy.

Additional

As far as legally permissible, Swiss law and the jurisdiction of Lucerne exclusively apply to the contractual relationship between you as a user and us as the provider of ajooda.

If individual clauses of these terms of use are not permissible or enforceable or become so, the remaining clauses shall remain in effect, and the affected clause shall be replaced by an admissible clause that comes closest to the purpose and objective of the original clause.

August 31, 2023

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