Privacy Policy

1. What is this Privacy Policy about?

The simple partnership Steinbrüchel Hüssy and its partners, (the «Firm», hereinafter also “we“, “us“) operate a law firm with its registered office in Zurich. In the course of our business activities, we obtain and process personal data, in particular personal data about our clients, associated persons, counterparties, courts and authorities, correspondent law firms, professional and other associations, visitors to our website, participants in events, recipients of newsletters and other bodies or their respective contact persons and employees (hereinafter also “you“). In this Privacy Policy, we provide information about these data processing operations. In addition to this Privacy Policy, we may inform you separately about the processing of your data (e.g. in the case of forms or contractual terms).

If you disclose data to us about other persons (e.g. family members, agents, counterparties or other associated persons), we will assume that you are authorised to do so and that such data is accurate and that you have ensured that these persons have been informed of this disclosure to the extent that a legal duty to inform applies (e.g. by bringing this Privacy Policy to their attention in advance).

2. Who is responsible for processing your data?

The data protection officer is responsible for the processing described in this Privacy Policy:

The data protection officer of the law firm Steinbrüchel Hüssy or, in the case of a client relationship, the lawyer responsible for the case in question

Grossmünsterplatz 8
8001 Zurich
Switzerland
office@steinlex.ch

3. For what purposes do we process which of your data?

When you use our services, www.steinlex.ch (hereinafter “website“), or otherwise deal with us, we obtain and process various categories of your personal data. In principle, we may obtain and otherwise process this data in particular for the following purposes:

Communication: We process personal data so that we can communicate with you as well as with third parties, such as parties to proceedings, courts or authorities, by e-mail, telephone, letter or otherwise (e.g. to answer enquiries, in the context of legal advice and representation as well as the initiation or execution of contracts). This also includes that we may send our clients, contractual partners and other interested persons information about events, changes in the law, news about our law firm or similar. This may take the form of, for example, newsletters and other regular contact (electronic, postal, telephone). You can refuse such communication at any time or refuse or withdraw your consent to such communication.        For this purpose, we process in particular the content of the communication, your contact data and the marginal data of the communication, but also image and audio recordings of (video) telephone calls. In the event of an audio or video recording, we will inform you separately and you are free to inform us if you do not wish a recording to be made or to terminate the communication. If we need or want to establish your identity, we will collect additional data (e.g. a copy of an ID card).

Initiation and conclusion of contracts: With regard to the conclusion of a contract, such as in particular a contract for the establishment of a client-lawyer relationship, with you or your client or employer, which also includes the clarification of any conflicts of interest, we may in particular obtain and otherwise process your name, contact details, powers of attorney, declarations of consent, information about third parties (e.g. contact persons, details of family and counterparties, contract contents, conclusion date, creditworthiness data and all other data which you provide to us or which you have provided to us (e.g. contact persons, family details and counterparties), contract contents, date of conclusion, creditworthiness data and all other data which you provide to us or which we collect from public sources or third parties (e.g. commercial register, credit agencies, sanctions lists, media, legal protection insurance or the Internet).

Administration and processing of contracts: We obtain and process personal data so that we can comply with our contractual obligations towards our clients and other contractual partners (e.g. suppliers, service providers, correspondence law firms, project partners) and, in particular, so that we can provide and demand the contractual services. This also includes data processing for client management (e.g. legal advice and representation of our clients before courts and authorities and correspondence) as well as data processing for the enforcement of contracts (debt collection, legal proceedings, etc.), accounting and public communication (if permitted). For this purpose, we process in particular the data which we receive or have collected in the course of the initiation, conclusion and execution of the contract as well as data which we create in the course of our contractual services or which we collect from public sources or other third parties (e.g. courts, authorities, counterparties, information services, media, detective agencies or from the Internet). This data may include, in particular, minutes of conversations and consultations, notes, internal and external correspondence, contractual documents, documents that we create and receive in the context of proceedings before courts and authorities (e.g. statements of claim, appeals and complaints, judgements and decisions), background information about you, counterparties or other persons as well as other mandate-related information, performance records, invoices and financial and payment information.

Operation of our website: In order to operate our website in a secure and stable manner, we collect technical data, such as IP address, information about the operating system and settings of your terminal device, the region, the time and the type of use. We also use cookies and similar technologies. For further information see cf. 7.

Improving our electronic offerings: In order to continuously improve our website, we collect data about your behaviour and preferences by, for example, analysing how you navigate through our website and how you interact with our social media profiles.

Registration: In order to be able to use certain offers and services (e.g. free WiFi, newsletter), you must register (directly with us or via our external login service providers). For this purpose, we process the data disclosed during the respective registration. Furthermore, we may also collect personal data about you during the use of the offer or service; if necessary, we will provide you with further information about the processing of this data.

Security purposes as well as access controls: We obtain and process personal data to ensure and continuously improve the appropriate security of our IT and other infrastructure (e.g. buildings). This includes, for example, monitoring and controlling electronic access to our IT systems as well as physical access to our premises, analysis and testing of our IT infrastructures, system and error checks and the creation of security copies.

Compliance with laws, directives and recommendations from authorities and internal regulations: We obtain and process personal data to comply with applicable laws (e.g. anti-money laundering, tax obligations or our professional obligations), self-regulations, certifications, industry standards, our corporate governance and for internal as well as external investigations to which we are a party (e.g. by a law enforcement or supervisory authority or a mandated private body).

Risk management and corporate governance: We obtain and process personal data as part of risk management (e.g. to protect against tortious activities) and corporate governance. This includes, among other things, our operational organisation (e.g. resource planning).

Job application: If you apply for a job with us, we obtain and process the relevant data for the purpose of checking the application, carrying out the application procedure and, in the case of successful applications, for the preparation and conclusion of a corresponding contract. For this purpose, in addition to your contact details and the information from the corresponding communication, we also process in particular the data contained in your application documents and the data as we can additionally obtain about you, for example from job-related social networks, the Internet, the media and from references if you consent to us obtaining references. Data processing in connection with the employment relationship is the subject of a separate Privacy Policy.

Other purposes: Other purposes include, for example, training and educational purposes as well as administrative purposes (e.g. accounting). In addition, we may process personal data for the organisation, implementation and follow-up of events, such as in particular lists of participants and the content of presentations and discussions, but also image and audio recordings made during these events. The protection of other legitimate interests is also one of the other purposes, which cannot be named exhaustively.

 

Where does the data come from?

From you: The majority of the data we process is provided by you or your device (e.g. in connection with our services, the use of our website and apps, or communication with us).

From third parties: We may also take data from publicly accessible sources (e.g. debt enforcement registers, land registers, commercial registers, media or the internet incl. social media) or receive such data from (i) public authorities, (ii) your employer or client who either has a business relationship with us or otherwise deals with us, as well as from (iii) other third parties (e.g. clients, counterparties, legal protection insurers, credit reference agencies, associations, contractual partners, internet analysis services). This includes, in particular, the data that we process in the context of the initiation, conclusion and execution of contracts as well as data from correspondence and discussions with third parties, but also all other categories of data pursuant to this section. 

4. Who do we disclose your data to?

In connection with the measures described in para. 3 we transmit your personal data in particular to the categories of recipients listed below. If necessary, we obtain your consent for this or have our supervisory authority release us from our professional duty of confidentiality.

·       Service providers: We work with service providers in Switzerland and abroad who (i) process data on our behalf, (ii) process data jointly with us or (iii) process data on their own responsibility which they have received from us or collected for us. These service providers include, for example, IT providers, banks, insurance companies, other law firms or consulting firms). We usually agree contracts with these third parties on the use and protection of personal data.

·       Clients and other contractual partners: First of all, this refers to clients and other contractual partners of ours for whom the transfer of your data results from the contract (e.g. because you are working for a contractual partner or he provides services for you). This category of recipients also includes bodies with which we cooperate, such as other law firms in Switzerland and abroad or legal expenses insurers. The recipients process the data under their own responsibility.

·       Authorities and courts: We may disclose personal data to offices, courts and other authorities in Switzerland and abroad if this is necessary for the fulfilment of our contractual obligations and in particular for the conduct of our mandate, or if we are legally obliged or entitled to do so, or if this appears necessary to protect our interests. These recipients process the data under their own responsibility.

·       Counterparties and persons involved: To the extent necessary for the performance of our contractual obligations, in particular for the management of the mandate, we also disclose your personal data to counterparties and other persons involved (e.g. guarantors, financiers, affiliated companies, other law firms, respondents or experts, etc.).

·       Other persons: This refers to other cases where the inclusion of third parties arises from the purposes pursuant to para. 3. This concerns, for example, delivery addressees or payment recipients specified by you, third parties within the framework of representative relationships (e.g. your lawyer or your bank) or persons involved in official or legal proceedings. We may also disclose your personal data to our supervisory authority, in particular if this is necessary in individual cases to release you from our professional duty of confidentiality. As part of the development of the company, we may enter into partnerships, which may also result in the disclosure of data (including that of you, e.g. as a client or supplier or as their representative) to the persons involved in these transactions.

All these categories of recipients may involve third parties, so that your data may also become accessible to them. We can restrict processing by certain third parties (e.g. IT providers), but not by other third parties (e.g. authorities, banks, etc.).

5. Does your personal data also end up abroad?

We process and store personal data mainly in Switzerland and the European Economic Area (EEA), but depending on the case – for example via subcontractors of our service providers or in proceedings before foreign courts or authorities – potentially in any country in the world. Your personal data may also be transferred to any country in the world in the course of our activities for clients.

If a recipient is located in a country without adequate data protection, we contractually oblige the recipient to comply with an adequate level of data protection (for this purpose, we use the revised standard contractual clauses of the European Commission, including the supplements necessary for Switzerland), insofar as the recipient is not already subject to a legally recognised set of rules to ensure data protection. We may also disclose personal data to a country without adequate data protection without concluding a separate contract for this purpose if we can rely on an exemption provision for this purpose. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the performance of a contract which is in your interest requires such disclosure (e.g., if we disclose data to our correspondence offices), if you have given your consent or it is not possible to obtain your consent within a reasonable period of time and the disclosure is necessary to protect your life or physical integrity or that of a third party, or if the data in question has been made generally available by you and you have not objected to its processing. We may also rely on the exception for data from a register provided for by law (e.g. commercial register) to which we have been legitimately granted access.

6. What rights do you have?

You have certain rights in connection with our data processing. In accordance with applicable law, you may in particular request information about the processing of your personal data, have incorrect personal data corrected, request the deletion of personal data, object to data processing, request the release of certain personal data in a standard electronic format or its transfer to other data controllers.

If you wish to exercise your rights against us, please contact us; you will find our contact details in para. 2. In order for us to be able to exclude abuse, we must identify you (e.g. with a copy of your identity card, if necessary).

Please note that prerequisites, exceptions or restrictions apply to these rights (e.g. for the protection of third parties or business secrets or due to our professional duty of confidentiality). We reserve the right to black out copies or to supply only excerpts for reasons of data protection or confidentiality.

7. How are cookies, similar technologies and social media plug-ins used on our website and other digital services?

When using our website (incl. newsletter and other digital offers), data is generated that is stored in protocols (in particular technical data). In addition, we may use cookies and similar techniques (e.g. pixel tags or fingerprints) to recognise website visitors, evaluate their behaviour and recognise preferences. A cookie is a small file that is transmitted between the server and your system and enables the recognition of a specific device or browser.

You can set your browser to automatically reject, accept or delete cookies. You can also deactivate or delete cookies in individual cases. You can find out how to manage cookies in your browser in the help menu of your browser.

Both the technical data we collect and cookies generally do not contain any personal data.

8. How do we process personal data on our social networking pages?

We operate pages and other online presences on social networks and other platforms operated by third parties and process data about you in this context. In doing so, we receive data from you (e.g. when you communicate with us or comment on our content) and from the platforms (e.g. statistics). The providers of the platforms may analyse your usage and process this data together with other data they have about you. They also process this data for their own purposes (e.g. marketing and market research purposes and to manage their platforms), and act as their own data controllers for this purpose. For more information on processing by platform operators, please refer to the privacy statements of the respective platforms.

We currently use the following platform, whereby the identity and contact details of the platform operator are available in each case in the Privacy Policy:

LinkedIn
www.linkedin.com
Privacy Policy: https://www.linkedin.com/legal/privacy-policy

We are entitled, but not obliged, to check third-party content before or after it is published on our online presences, to delete content without notice and, if necessary, to report it to the provider of the platform concerned.

Some of the platform operators may be located outside Switzerland. Information on data disclosure abroad can be found under para. 5.

9. What else needs to be considered?

We do not assume that the EU General Data Protection Regulation (“GDPR“) is applicable in our case. However, should this exceptionally be the case for certain data processing operations, this section shall apply exclusively for the purposes of the GDPR and the data processing operations subject to para. 9.

We base the processing of your personal data in particular on the fact that

·       they are as described in para. 3 necessary for the initiation and conclusion of contracts and their administration and enforcement (Art. 6 para. 1 lit. b GDPR);

·       it is necessary to protect the legitimate interests of us or of third parties as described in para. 3 namely for communication with you or third parties, to operate our website, to improve our electronic offers and registration for certain offers and services, for security purposes, for compliance with Swiss law and internal regulations for our risk management and corporate governance and for other purposes such as training and education, administration, evidence and quality assurance, organisation, implementation and follow-up of events and to safeguard other legitimate interests (see para. 3) (Art. 6 para. 1 lit. f GDPR);

·       it is required or permitted by law on the basis of our mandate or position under the law of the EEA or a member state (Art. 6 para. 1 lit. c GDPR) or is necessary to protect your vital interests or those of other natural persons (Art. 6 para. 1 lit. d GDPR);

·       you have separately consented to the processing, e.g. via a corresponding declaration on our website (Art. 6 para. 1 lit. a and Art. 9 para. 2 lit. a GDPR).

We would like to point out that we will process your data for as long as it is necessary for the purposes for which we process it (cf. para. 3), the legal retention periods and our legitimate interests, in particular for documentation and evidence purposes, or for as long as storage is technically necessary (e.g. in the case of backups or document management systems). If there are no legal or contractual obligations or technical reasons to the contrary, we generally delete or anonymise your data after the storage or processing period has expired within the scope of our usual processes and in accordance with our retention policy.

If you do not provide certain personal data, this may mean that it is not possible to provide the related services or conclude a contract. As a matter of principle, we indicate where personal data requested by us is mandatory.

The procedure described in para. 6 applies in particular to data processing for the purpose of direct marketing.

If you do not agree with our handling of your rights or data protection, please let us know (see contact details in para. 2). If you are in the EEA, you also have the right to complain to the data protection supervisory authority in your country. A list of the authorities in the EEA can be found here: https://edpb.europa.eu/about-edpb/about-edpb/members_en.

10. Can this Privacy Policy be changed?

This Privacy Policy does not form part of any contract with you. We may amend this Privacy Policy at any time. The version published on this website is the current version.