Data protection

LOXY Switzerland AG (hereinafter LOXY Switzerland) is a public limited company under Swiss law with its registered office in Zurich (Switzerland). LOXY Switzerland AG only processes and stores your personal data to the extent necessary for the fulfillment of the contract. This is generally done within the framework of our existing and/or potential business relationships with you, including our websites. We respect your privacy and personal sphere. The protection and lawful collection, processing, and use of your personal data is therefore an important concern for us. To ensure that you feel secure when visiting and using our websites and applications, we would like to inform you here about our data collection and data use practices.

In the event of discrepancies between the different language versions of this privacy policy, the German version shall prevail.

1. responsible body, who can you contact?

The responsible body for the collection, processing, and use of your personal data within the meaning of the Data Protection Act is LOXY Schweiz AG, Operation Center 4, 8058 Zurich.

If you wish to object to the collection, processing, or use of your data by tracker.ch AG in accordance with these data protection provisions, either in whole or for individual measures, you can send your objection by email or letter to the following contact details:

LOXY Switzerland AG
Operation Center 4
8058 Zurich
compliance@loxy.cloud
dpo@loxy.cloud

2 How is personal data handled?

LOXY Schweiz AG is subject to certain confidentiality and/or secrecy obligations arising from data protection law, contract law, or professional secrecy. The personal data we collect is also subject to these obligations.

This privacy policy describes how we process your personal data as a user of the products and services provided by LOXY Switzerland AG. This privacy policy does not replace our general terms and conditions, but is an integral part thereof.

The privacy policy applies to all offers and services provided by LOXY Switzerland AG, regardless of the type of technical use (website, apps, email API, etc., computer, mobile phone, IoT, etc.). If you already use LOXY Switzerland products and services, this policy also applies to personal data that was collected in the past by tracker.ch and already stored by LOXY Switzerland, which we may link and process with personal data collected in the future.

Processing operations may be carried out either directly by us or indirectly via third parties who process personal data for us. We are only liable for the processing of personal data within the meaning of this privacy policy.

We use the following terms in this privacy policy

LOXY Switzerland = LOXY Switzerland AG, Zurich, Switzerland
Data = Generic term for personal and other data.
Users = Natural persons and legal entities
Third parties = External persons and companies
API = Application Programming Interface.
APP = Application for use on mobile communication devices.

3. What personal data is processed?

Personal data includes all information by which a natural person can be identified directly (e.g. first name, surname) or indirectly (e.g. passport number, data combination).

Depending on the products or services that LOXY Switzerland AG provides and makes available, personal data about you will be collected and processed.

These include, among others :

Personal data such as name, date of birth, age, country of birth, e-mail or IP address, postal or company address, telephone numbers, as well as data about your gender, profession, interests, etc. and other information about the characteristics of a natural or legal person;
Details of our mutual business relationship and the products and services you use, namely user data such as assigned tracker devices, login data
where applicable, records of telephone calls, emails, and correspondence between LOXY Schweiz AG and you;
Financial information, including an overview of payments and transactions and related data in connection with the business relationship;
Customer or account number, also for accounting purposes
Identifiers issued by public institutions, e.g. passports, identity cards, identity cards
Data that we receive based on your use of our services, such as:
location-related data (location and position identifiers, etc.);
Device-related data (type and model of device used);
Log data (information transfer, etc.);
Data that you provide to us (usually personal data);
Unique application numbers (software versions, etc.);
local storage (in the browser or similar);

4 For what purposes and on what legal basis do we process personal data?

LOXY Switzerland AG processes personal data in accordance with Swiss data protection law. In addition, we process personal data in accordance with the following legal bases, insofar as and to the extent that the GDPR applies:

Art. 6 para. 1 lit. a GDPR for the processing of personal data with the consent of the data subject.

Art. 6 para. 1 lit. b GDPR for the necessary processing of personal data for the performance of a contract with the data subject and for the implementation of corresponding pre-contractual measures.

Art. 6 para. 1 lit. c GDPR for the necessary processing of personal data to fulfill a legal obligation to which we are subject under any applicable EU law or under any applicable law of a country in which the GDPR is wholly or partially applicable.

Art. 6 para. 1 lit. d GDPR for the necessary processing of personal data to protect the vital interests of the data subject or another natural person.

Art. 6 para. 1 lit. f GDPR for the necessary processing of personal data to safeguard our legitimate interests or those of third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests include, in particular, our business interest in being able to provide our website, information security, the enforcement of our own legal claims, and compliance with Swiss law.

Processing primarily takes place within the framework of fulfilling a contract to which you as a user and contracting party are a party or to which an affiliated natural or legal person is a party. If you do not give LOXY Switzerland your full consent and permission to collect and process your personal data, LOXY Switzerland reserves the right not to offer parts of the website or certain products and services, or to offer them only to a limited extent. This applies in particular if the relevant personal data is essential for the relevant products and services of LOXY Switzerland.

Depending on the products or services provided to you, LOXY Switzerland will need to collect and process personal data about you in order to provide these services. This occurs in particular when:

you visit our website;
you register for one of our services;
you register for a campaign, a competition or a special event;
you purchase one of our online services or otherwise have a contractual relationship with us;
you take part in a survey;
Send us an email or communicate with us in any other way.

LOXY Switzerland collects and processes data in order to provide all its users with the best possible products and services. This starts with determining basic aspects such as the language you wish to use and extends to determining the devices you use, your location, the products and services you access, and your other uses of the website.

LOXY Switzerland uses the collected data and personal data to provide, maintain, protect, and improve its services, as well as to develop new products or offer customized content and services.

Specifically, these purposes are as follows:

To preserve and protect your user account;
To respond to your comments and questions ;
To draw your attention to or register you for special events, offers or services;
To send you regular information or data;
To show you services and information tailored to your interests and profile;
To pass on individual data to third parties where it is needed to provide you with the requested service.

When you contact LOXY Switzerland, we record your communication in order to help you resolve any issues you may encounter. We may send you communications regarding your use of our services, including communications about upcoming changes or improvements, using your email address.

LOXY Switzerland typically uses cookies and similar technologies on its website and apps to identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you are using when you visit our website or install an app. When you visit this website again or use our app, we can recognize you even if we do not know who you are. In addition to cookies that are only used during a session and deleted after your visit to the website ("session cookies"), cookies can also be used to store user settings and other information for a certain period of time (e.g., two years) ("permanent cookies"). However, you can set your browser to reject cookies, store them only for one session, or delete them prematurely. Most browsers are preset to accept cookies. We use permanent cookies to store user settings (e.g., language, autologin), to better understand how you use our offers and content, and to show you offers and advertising tailored to you.

Google Analytics
One of the products we use for this purpose in our own services is Google Analytics. This enables us to measure and evaluate the use of the website (not personally identifiable). For example, storing your preferred language setting allows us to display our services in your preferred language.

Click-stream data
By providing you with a unique identifier, we are able to create databases about your previous decisions and preferences. LOXY Switzerland may also use technologies that track your use of this website, for example, which pages you view and the links you use. This data about your use of this website is referred to as "click stream data" and helps us determine what is important to you and what is not. It helps us decide which content and features are desirable and which should be discarded. It also helps us determine whether our website is easy to use or whether we should redesign certain pages and hyperlinks.

5. where is the data processed?

LOXY Switzerland processes personal data on its own servers in Switzerland. Since some data is also processed using third-party servers, it cannot be ruled out that personal data may also be processed on servers outside your country of residence. If we transfer data to a country without adequate legal data protection, we ensure adequate protection as required by law through the use of appropriate contracts or rely on the legal exceptions of consent, contract execution, determination, exercise or enforcement of legal claims, overriding public interests, published personal data, or because it is necessary to protect the integrity of the persons concerned. You can obtain a copy of the aforementioned contractual guarantees at any time from the contact person named in section 1. However, LOXY Switzerland reserves the right to redact copies for data protection or confidentiality reasons or to provide only excerpts.

6 How long is personal data stored?

LOXY Switzerland processes and stores your personal data for as long as is necessary to fulfill its contractual and legal obligations or otherwise for the purposes pursued with the processing, i.e., for example, for the duration of the entire business relationship (from the initiation, execution, to the termination of a contract) and beyond, in accordance with the statutory retention and documentation obligations. It is possible that personal data may be stored for the period during which claims can be asserted against LOXY Switzerland and insofar as LOXY Switzerland is otherwise legally obliged to do so or legitimate business interests require this (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted or anonymized as a matter of principle and as far as possible. For operational data (e.g., system logs), shorter retention periods of twelve months or less generally apply.

7. is personal data transmitted to third parties?

LOXY Switzerland does not disclose personal data to companies, organizations, or individuals outside LOXY Switzerland, except in the following cases:

With your written consent;
In some cases, personal data is passed on to external, trustworthy contractors who provide services for LOXY Switzerland, such as IT and hosting service providers, marketing service providers, communication and printing service providers, collection agencies, search services, fraud prevention agencies, credit rating agencies, and other contractors. In doing so, LOXY Switzerland ensures that these contractors comply with LOXY Switzerland's data security standards in order to protect your personal data. This is done on the basis of our contractual agreements and in accordance with our privacy policy and other appropriate confidentiality and security measures.
Personal data is then passed on to companies, organizations or persons if we can assume in good faith that access to this data or its use, storage or disclosure is reasonably necessary:
To comply with applicable laws, regulations or legal process or to comply with an enforceable governmental order;
To enforce applicable terms of use, including investigating possible violations;
To detect, prevent or otherwise combat fraud, security flaws or technical problems;
To protect the rights, property, or safety of LOXY Switzerland, our users, or the public from harm, to the extent permitted or required by law;

LOXY Switzerland may share non-personal data with third parties, such as affiliated websites involved in traffic flow research.

In the event of a merger, acquisition, or sale of assets involving LOXY Switzerland, LOXY Switzerland will ensure that the confidentiality of any personal data is maintained and that the users concerned are notified before personal data is transferred or becomes subject to a different privacy policy.

If your personal data includes particularly sensitive personal data that you do not consider suitable for disclosure, please let us know in writing, stating the exact nature of the data, the protection requirements and restrictions on disclosure, so that we can take the necessary precautions.

8. Which third-party services does LOXY Switzerland use?

LOXY Switzerland uses various services provided by Google Inc ("Google") from the USA.

These include Google Analytics and Google Maps.

The website and apps use Analytics to analyze user behavior and Maps for various interactive maps from Google.

The above-mentioned services provided by the American company Google use cookies, among other things, and data may be transferred to Google in the USA. LOXY Switzerland assumes that no personal tracking takes place in this context solely through the use of our website. Google has committed itself to ensuring adequate data protection in accordance with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework. Further information can be found in Google's privacy policy. LOXY Switzerland also uses plug-ins from social networks such as Facebook and YouTube on its website. These are visible to you (typically via corresponding symbols). LOXY Switzerland has configured these elements so that they are disabled by default. If you activate them (by clicking on them), the operators of the respective social networks can register that you are on the LOXY Switzerland website and where, and can use this information for their own purposes. The processing of your personal data is then the responsibility of this operator in accordance with its privacy policy. LOXY Switzerland does not receive any information about you from this operator.

The LOXY Switzerland website and apps may contain links to other websites or services. When you visit these services, we are not responsible for their privacy policies or how they treat personal data. In addition, we may allow third parties to offer registration-based services through our site (e.g., payment services), in which case we will clearly inform you of this. LOXY Switzerland is not responsible for the actions and measures of these third parties, and you should review the privacy policies of these third parties before providing them with personal data.

9 What rights do you have?

You have the right to request information free of charge as to whether we process your personal data and, if so, to have the processing of your personal data restricted. You can exercise your right to data portability - if and insofar as the GDPR is applicable -, have your personal data corrected, deleted or blocked, revoke any consent you have given and object to the processing of your personal data.

Requests for information from data subjects (DSARs) must be sent by email to dpo@loxy.cloud.

Individuals whose personal data is processed by LOXY Switzerland have the right to lodge a complaint with a competent supervisory authority for data protection. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

10. how secure is your data?

LOXY Switzerland has taken appropriate technical and organizational measures to prevent unauthorized or unlawful access to the personal data you have provided to us. Since complete data security cannot be guaranteed for communication via email, instant messaging, or similar means of communication, we recommend that you choose a secure shipping alternative for particularly confidential personal data.

LOXY Switzerland strives to give you access to your personal data to the extent technically possible. If this data is incorrect, we will endeavor to provide you with options for quickly updating or removing it—unless we are required to retain this data for legitimate business or legal purposes.

LOXY Switzerland strives to provide services in a manner that protects personal data from accidental or malicious destruction. For this reason, we may not immediately delete remaining copies of personal data that you have deleted from our services from our active servers and may not remove such personal data from our backup systems, e.g., if we keep records of payments and previous orders that must be retained in accordance with the company's accounting policies.

LOXY Switzerland is always working to make things better and add new stuff to the website. These constant improvements, along with changes in the law or tech, mean we need to update this privacy policy every now and then.

LOXY Switzerland reserves the right to update or change this privacy policy at any time without prior notice. We therefore recommend that you read this privacy policy regularly. For your benefit, we will notify you of any changes to the privacy policy by posting a notice on our website from time to time.