Privacy Policy

Scaramanga Consulting (Schweiz) GmbH (Scaramanga) constantly strives to guarantee you the highest level of confidentiality and security. As a pure boutique consultancy for companies, we are subject to the Swiss Data Protection Act (DSG). Our goods and services are not intended for private individuals and are only offered to legal entities. Below you will find information on the processing of your data which we have aligned with the more detailed requirements of the EU-DSGVO for reasons of transparency. Unless otherwise specified, the provision of your information is neither legally nor contractually required. You are not obliged to provide the data. The exact scope of the processing of your data may vary due to the services used, i.e., not all processing or rights listed in this notice may apply.

Sale only to entrepreneurs. No sale to consumers within the meaning of 93/13/EEC.

The person responsible for data processing on this website is
Scaramanga Consulting Schweiz GmbH
Represented by Stephan Besold

Post Address
Max Müllerstrasse 15
8953 Dietikon
Schweiz

Contact
M: +41 (0) 79 907 92 09
E: stephanbesold@scaramanga.io

Registered on
Commercial Register Office of the Canton of Zurich
Company number: CHE-364.012.639
Sales tax identification number
CHE-364.012.639MWST

Public Liability
Allianz Suisse Versicherungsgesellschaft AG
8304 Wallisellen
Schweiz

Categories of Data Subjects

Depending on the service requested, individuals are covered in part or whole by the scope of the processing activity of this privacy policy. The groups of persons concerned include:

• Visitors to our websites
• Applicants
• Corporate customers and their employees from now on referred to collectively as "users."

Purpose of the Processing

The purposes of personal processing data on our websites include:

• Provision of the online offer, its functions, and contents
• Responding to contact requests and communication with users
• Security measures
• Reach Measurement/Marketing

Legal Basis

The legal basis for the processing of personal data is our legitimate interests, according to Art. 6 para. One lit. f DSGVO in the implementation of our business processes and the targeted information of potential customers. This also includes the regularly expected use of cookies that allow the user to display the content of interest to him. Furthermore, based on our legitimate interests, we process the user's details for spam detection. You have the right to object at any time to this processing of your data based on Art. 6 Para. 1 lit. f DSGVO for reasons arising from your particular situation.

Consent is obtained following Art. 6 Para. 1 lit. a DSGVO for sending newsletters, among other things. In the context of contract performance and initiation, Art. 6 (1) lit. b DSGVO applies as the legal basis. When contacting us (e.g., by contact form, email, telephone, or via social media), the user's details are processed, for example, to process the contact request and its settlement according to Art. 6 (1) lit. b DSGVO. In rarer cases, we process personal data to fulfill our legal obligations according to Art. 6 paras. One lit. c DSGVO.

If the data subject's vital interests of another natural person make it necessary to process personal data, Art. 6 (1) (d) DSGVO serves as the legal basis. In the case of a purely Swiss reference, the regulations of the DSG apply following Art. 12 and Art. 13.

Data Storage

The data subject's data will be deleted or blocked as soon as the purpose of storage no longer applies or storage is no longer necessary. In this context, personal data will also be stored for the time during which claims can be asserted against our company.

Also, storage may take place if ordinances, laws, or other regulations require more extended storage. Corresponding obligations to provide proof and to retain data result, among other things, from the Code of Obligations. Accordingly, the storage periods are generally ten years—the storage of personal user data and cookies incl. IP addresses are limited to the period necessary for the fulfillment of the purpose.

Data Transfer

In most cases, your data will only be processed within Switzerland and the EU. However, if individual applications are processed in non-EU countries, the data will be transferred following the requirements of Art. 44 et seq. DSGVO or Art. 6 DSG. This means that processing takes place, for example, based on unique guarantees, such as the officially recognized determination of a level of data protection corresponding to the EU or Switzerland or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").

Server Log Files

Every time you access our website, usage data is transmitted by your internet browser and stored in log data (server log files). This stored data includes, for example, the name of the page accessed, the date and time of access, the volume of data transferred, and the requesting provider as well as IP addresses. These data are processed under the legal basis of our legitimate interests and serve exclusively to ensure our website's trouble-free operation and improve our offer.

Collection and processing when using the contact form

When using the contact form, we collect your data (name, email address, message text) only to the extent you provide. The data processing serves the purpose of contacting you and initiating a contractual relationship. The processing is based on Art. 6 paras. one lit. f DSGVO under the legitimate interests inefficient communication and if contractually relevant under Art. 6 paras. one lit. b DSGVO. We use your email address to process your request or the subsequent processing of contractual services.

Newsletter distribution

We use your email address independently of the contract processing exclusively for our advertising purposes for the newsletter dispatch, provided that you have expressly consented to this. The processing is carried out based on Art. 6 paras. One lit. a DSGVO with your consent. You can revoke your consent at any time without affecting the lawfulness of the processing carried out based on the consent until revocation. To do so, you can unsubscribe from the newsletter at any time by using the corresponding link in the newsletter or by notifying us. Your email address will then be removed from the distribution list.

If you register for an email newsletter, the personal data and information provided by you and transmitted to us will be electronically recorded and stored by us. First of all, the purpose of this processing is the implementation of the so-called double-opt-in procedure, with which you can consent to the regular sending of the email newsletter. This means that after you have submitted your data and information, we will send you an email to the email address you have provided and ask you in this email to confirm that you wish to receive the newsletter. If no confirmation of your registration is received, your data will be deleted again.

After your confirmation, we store your IP address and the time of confirmation. The purpose of this procedure is to prove your registration for the email newsletter and, if necessary, to detect and prevent possible misuse of your data. The legal basis for this is the aforementioned legitimate interests and a legal obligation (UWG).
Our newsletter is sent using Mailchimp, an email marketing software of the provider The Rocket Science Group LLC, 675 Ponce de Leon Ave NE Suite 5000 Atlanta, GA 30308 USA. The email addresses of the recipients of our newsletters, as well as the data described in the context of this notice, are located on Mailchimp's servers in data centers in the USA. Mailchimp uses this information to send and evaluate the newsletters on our behalf.

Furthermore, Mailchimp may use this data to optimize or improve its services, e.g., to technically optimize the dispatch and display of the newsletters. Further information on technical security can be found directly under https://mailchimp.com/about/security/

We would like to point out that we evaluate the behavior of the readers of our email newsletter. For this evaluation, the emails sent contain so-called web beacons or tracking pixels. These web beacons or tracking pixels are single-pixel image files that are stored on our website. We link the web beacons or tracking pixels with your email address and an individual ID for the evaluation.

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With the data obtained in this way, we create a user profile to tailor the newsletter to your interests individually. When you read the newsletter, we record which links you click on in the newsletter and deduce your interests. We link this data to the actions you have taken on our websites. The purpose of this processing is to improve the quality of the newsletter and optimize our offers and delete recipients who do not read our newsletters. The legal basis for the processing is Art. 6 paras. one lit. f DSGVO.
This tracking does not occur if you have deactivated the display of images by default in your email program. In this case, the newsletter will not be displayed to you in full, and you may not be able to use all the functions. As soon as you display the images, the tracking just described is activated.

Cookies

Our website uses cookies. Cookies are small text files stored in the Internet browser or by the Internet browser on a user's computer system. When a user accesses a website, a cookie may be stored on the user's device. The cookie contains a characteristic string of characters that allows the browser to be uniquely identified when the website is reaccessed. We use cookies to make our website more user-friendly, effective, and secure.

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Furthermore, cookies enable our systems to recognize your browser even after a page change and offer you services. Some functions of our website cannot be provided without the use of cookies. For these, the browser must be recognized even after a page change.
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We also use cookies on our website to analyze the surfing behavior of our site visitors. This allows us to improve our offer for the visitor. Furthermore, we use cookies to subsequently address site visitors on other websites with targeted, interest-related advertising.
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The processing is carried out based on Art. 6 (1) lit. f DSGVO from the legitimate interest in the purposes mentioned above. Technical precautions pseudonymize the data collected from you in this way. An allocation of the data to your person is therefore not directly possible. The data will not be stored together with other personal data from you.
You have the right to object at any time to this processing of your data based on Art. 6 (1) f DSGVO for reasons arising from your particular situation.
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The Cookie Directive (European Directive 2009/136/EC) is not applicable. Art. 45c lit. b of the Telecommunications Act shall apply.
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Cookies are stored on your computer. Therefore, you have complete control over the use of cookies. By selecting the appropriate technical settings in your Internet browser, you can prevent the storage of cookies and transmit the data they contain. Cookies that have already been stored can be deleted at any time. However, we would like to point out that you may then not be able to use all the website functions to their full extent.
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You can find out how to manage (including disabling) cookies in the main browsers by following the links below:

• Chrome Browser: https://support.google.com/accounts/answer/61416?hl=de
• Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
• Mozilla Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
• Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac
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This site uses so-called web fonts provided by Adobe Typekit (Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland) for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into its browser cache to display texts and fonts correctly.

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For this purpose, the browser you are using must connect to Adobe Typekit's servers. This enables Adobe Typekit to know that our website has been accessed via your IP address. The use of Adobe Typekit Web Fonts is in the interest of a uniform and appealing presentation of our online offers. This represents a legitimate interest within the meaning of Art. 6 (1) f DSGVO.
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If your browser does not support web fonts, a default font is used by your computer. For more information about Adobe Typekit Web Fonts, see https://typekit.com/ and in the Adobe Typekit privacy policy: https://www.adobe.com/de/privacy/policies/typekit.html

Data Subject Rights

As a data subject, you are entitled to the following rights under the DSGVO (if applicable).
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Right of access to information
You may request confirmation from the controller as to whether personal data concerning you are being processed. If there is such processing, you can request information from the controller about details of the data stored about you following Article 15 of the GDPR (if applicable). This includes:

• the processing purposes;
• the categories of personal data processed;
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations;
• if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
• the existence of a right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or a right to object to such processing;
• the existence of a right of appeal to a supervisory authority;
• if the personal data are not collected from the data subject, any available information on the origin of the data;
• the existence of automated decision-making, including profiling, according to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
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Suppose personal data is transferred to a third country or an international organization. In that case, you have the right to be informed about the appropriate safeguards according to Article 46 GDPR (if applicable) in connection with the transfer.
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Right to withdraw consent
You have the right to revoke your consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out based on the consent until the cancellation.
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Right of rectification
According to Art. 16 of the GDPR (if applicable), you have a right of rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
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Right of cancellation
You may request us to delete the personal data concerning you following Art. 17 DSGVO (if applicable) without delay if one of the following reasons applies:

• Personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
• You withdraw your consent on which the processing was based according to Article 6(1)(a) or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.
• You object to the processing according to Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or you object to the processing according to Article 21(2) of the GDPR.
• The personal data were processed unlawfully.
• The deletion of personal data is necessary for compliance with a legal obligation under Union or Member State law to which we may be subject.
• The personal data have been collected concerning information society services offered following Article 8(1) of the GDPR.

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Right to limit processing
Under the following conditions, you may request the restriction of the processing of personal data concerning you following Article 18 of the GDPR (if applicable). If:

• you contest the accuracy of the personal data. The restriction shall apply for the period that enables the controller to verify the accuracy of the personal data,
• the processing is unlawful, and you object to the erasure of the personal data and request instead of the restriction of the use of the personal data;
• the controller no longer needs the personal data for processing, but you need the data for the assertion, exercise, or defense of legal claims, or
• you have objected to the processing according to Article 21(1) of the GDPR, as long as it has not yet been determined whether the controller's legitimate grounds outweigh yours.
• Where the processing of personal data relating to you has been restricted, such data may be processed (apart from being stored) only with your consent or for the establishment, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or reasons of substantial public interest of the Union or a Member State.
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Right to data transferability
According to Article 20 of the GDPR, you have the right (where applicable) to receive the personal data concerning you that you have provided to us in a structured, commonly used, and machine-readable format. Furthermore, you have the right to transfer this data to another controller (if DSGVO applicable), provided that

• the processing is based on consent, according to Art. 6 paras. One lit. a DSGVO or Art. 9 paras. 12 lit. a DSGVO or on a contract according to Art. 6 paras. One lit. b DSGVO and
• the processing is carried out using automated procedures.
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Right of objection
FOLLOWING ART. 21 DSGVO (IF APPLICABLE), YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA RELATING TO YOU THAT IS CARRIED OUT BASED ON ART. 6 (1) LIT. E OR LIT. F DSGVO FOR REASONS THAT ARISE FROM YOUR PARTICULAR SITUATION.

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WE WILL NO LONGER PROCESS THE PERSONAL DATA RELATING TO YOU UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS, AND FREEDOMS, OR THE PROCESSING IS TO ASSERT EXERCISE OR DEFENDING LEGAL CLAIMS.

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IF THE PERSONAL DATA CONCERNING YOU IS PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS RELATED TO SUCH DIRECT MARKETING.

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IF YOU OBJECT TO PROCESSING FOR DIRECT MARKETING PURPOSES, THE PERSONAL DATA CONCERNING YOU WILL NO LONGER BE PROCESSED FOR THESE PURPOSES.

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YOU HAVE THE POSSIBILITY, IN CONNECTION WITH THE USE OF INFORMATION SOCIETY SERVICES, TO EXERCISE YOUR RIGHT TO OBJECT USING AUTOMATED PROCEDURES USING TECHNICAL SPECIFICATIONS.

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Automated decision in individual cases
The controller does not use automated decision-making. You have the right (where GDPR applies) not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

• is necessary for the conclusion or performance of a contract between you and us,
• is authorized by legislation of the Union or the Member States to which the controller is subject and that legislation contains adequate measures to safeguard your rights and freedoms and your legitimate interests, or
• with your express consent.
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Right of appeal
You have a right of appeal under Art. 77 DSGVO (if applicable) to a competent supervisory authority.