HOOC Privacy policy*

*The following text is a translation of the original German version. In case of doubt, the original applies.

The data controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is

HOOC AG

Torweg 8

3930 Visp (CH)

Phone: +41 27 948 46 00

Website: www.hooc.ch

The data protection officer of the controller is

HOOC AG

Gil Beauge

Torweg 8

3930 Visp (CH)

We only process the personal data of our users insofar as this is necessary to provide our services. The processing of our users' personal data only takes place regularly with the user's consent. An exception applies in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 13 para. 1 of the Federal Act on Data Protection (FADP) or Art. 6 para. 1 lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 13 para. 2 lit. a FADP or Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 13 para. 1 FADP or Art. 6 para. 1 lit. c GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 13 para. 1 FADP or Art. 6 para. 1 lit. d GDPR serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 13 para. 1 FADP or Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Data may also be stored if this has been provided for by the European or national legislator in Swiss or Union law or regulations, laws or other provisions to which the controller is subject. The data will also be blocked or erased if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data.

Each time our services are used, our system automatically collects data and information from the computer system of the accessing computer. The following data is collected:

1. Information about the browser type and version used

2. The user's operating system

3. The user's internet service provider

4. The IP address of the user

5. Date and time of access

6. Websites from which the user's system accesses our website

7. Websites that are accessed by the user's system via our website

The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

The legal basis for the temporary storage of data and log files is Art. 13 para. 2 lit. a FADP and Art. 6 para. 1 lit. f GDPR.

The temporary storage of the IP address by the system is necessary to enable delivery of the services to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.

The data is stored in log files to ensure the functionality of the services. In addition, we use the data to optimize the services and to ensure the security of our information technology systems. The data is not analyzed for marketing purposes in this context.

These purposes also constitute our legitimate interest in data processing in accordance with Art. 13 para. 2 lit. a GDPR and Art. 6 para. 1 lit. f GDPR.

The data will be deleted as soon as it is no longer required for the purpose for which it was collected. If the data was collected in order to provide one or several services, the data will be deleted with the ending of the respective session. In case the data is stored in log files, it will be deleted after 90 days. However, it is possible to store the data even beyond the period of 90 days. In this case, only the IP addresses of the users will be deleted or anonymized so that it is no longer possible to identify the accessing client.

The collection of data for the provision of services and the storage of data in log files is absolutely necessary for the operation of the HOOC solution. Consequently, the user has no possibility to object.

Our services use cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user accesses a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that the accessing browser can be identified even after a page change. The following data is stored and transmitted in the cookies:

1. Display settings

2. Login information

The legal basis for the processing of personal data using cookies is Art. 13 para. 2 lit. a FADP and Art. 6 para. 1 lit. f GDPR.

The purpose of using technically necessary cookies is to simplify the use of services for users. Some functions of our services cannot be offered without the use of cookies. For these, it is necessary for the browser to be recognized even after a page change.

We require cookies for the following applications:

1. Remembering search terms

2. Remembering display settings

3. Remembering login information

4. Remembering user preferences

The user data collected by technically necessary cookies is not used to create user profiles.

These purposes also constitute our legitimate interest in the processing of personal data in accordance with Art. 13 para. 2 lit. a FADP and Art. 6 para. 1 lit. f GDPR.

Cookies are stored on the user's computer and transmitted by it to our services. As a user, you therefore have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser and/or device. Cookies that have already been saved can be deleted at any time. This can also be done automatically. However, if cookies are deactivated that are essential for the operation of our services, it may no longer be possible to use all functions of the services to their full extent.

You can subscribe to a free newsletter. When you register for the newsletter, the data from the input screen is transmitted to us. Your consent is obtained for the processing of the data as part of the registration process and reference is made to this privacy policy.

In connection with the data processing for sending newsletters, the data will not be passed on to third parties who are permitted to use this data for their own purposes. The data is used exclusively for sending the newsletter.

The legal basis for the processing of data after registration for the newsletter by the user is Art. 13 para. 1 FADP or Art. 6 para. 1 lit. a GDPR if the user has given consent.

The purpose of collecting the user's e-mail address is to deliver the newsletter. The collection of other personal data as part of the registration process serves to prevent misuse of the services or the stored e-mail address.

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. The user's e-mail address is therefore stored for as long as the subscription to the newsletter is active. The other personal data collected during the registration process is generally deleted after a period of seven days.

The subscription to the newsletter can be canceled by the user at any time. For this purpose, there is a corresponding link in every newsletter. This also makes it possible to withdraw consent to the storage of personal data collected during the registration process.

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights towards the controller:

a) Obligation to provide information

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

1. The purposes for which the personal data are processed:

2. The categories of personal data being processed;

3. The recipients or categories of recipients to whom the personal data concerning your person have been or will be disclosed;

4. The envisaged period for which the personal data concerning you will be stored, or, if specific information on this is not possible, the criteria used to determine the duration of the storage period;

5. The existence of a right to rectification or erasure of the personal data concerning you;

6. All available information about the origin of the data if the personal data is not collected from the data subject.

You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 6 para. 2 FADP or Art. 46 GDPR in connection with the transfer.

b) Exceptions

We may refuse to provide information in exceptional cases if one of the reasons set out in Art. 9 para. 1 FADP applies.

You have a right to rectification and/or completion towards the controller if the processed personal data concerning you is incorrect or incomplete. The controller must then make the correction without delay.

You may request the restriction of the processing of your personal data under the following conditions:

- if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data

Where processing of the personal data concerning you has been restricted, such data shall, with the exception of storage, only be processed with your consent, apart when data is processed for the establishment, exercise or defense of legal claims, for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If your right to restriction of processing has been limited in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

a) Obligation to erase

You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following cases applies:

1. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

2. You withdraw your consent on which the processing was based according to Art. 12 para. 2 lit. b GDPR or Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing. 

3. You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 para. 2 GDPR.

4. The personal data concerning you has been processed unlawfully.

5. The deletion of personal data concerning you is necessary to fulfill a legal obligation under Swiss or Union law or the law of the Member States to which the controller is subject.

6. The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8 para. 1 GDPR.

b) Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Art. 17 para. 1 GDPR, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform data protection officers – which are processing the personal data that you as the data subject have requested the erasure of any links to, or copy or replication of, those personal data.

d) Exceptions

The right to erasure does not apply if the processing is necessary, in order:

1. to exercise the right to freedom of expression and information;

2. to establish, exercise or defend legal claims.

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right towards the controller to be informed about these recipients.

You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the former controller, provided that:

1. the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR AND

2. the processing is carried out by automated means.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

Without prejudice to the foregoing provisions, in particular with regard to the restriction of the processing of your data, you have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on Art. 6 para. 1 lit. e or f GDPR.

The controller will then no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.

If your personal data is processed for the purpose of direct marketing, you have the right to object at any time to the processing of your personal data for the purpose of such marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

Without prejudice to any other administrative or judicial remedy, where our data processing is subject to the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

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