LEGAL NOTICE

 

Lumen d'Arc

– powered by iridescentmatters.com –

Bank details:

– Switzerland - CHF –
PostFinance
IBAN: CH65 0900 0000 1548 9012 8
BIC: POFICHBEXXX

– Germany - EUR –
Commerzbank AG
IBAN: DE65 1004 0000 0590 9015 00
BIC: COBADEBBXXX

 
 
 
 
 
 

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GENERAL TERMS AND CONDITIONS OF BUSINESS

 

– coming soon… –

 
 
 
 

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PRIVACY POLICY

 

The company listed in the legal notice is the author of this Privacy Policy and the owner of the information (data) collected about you under this Privacy Policy. In all other respects, the company’s General Terms and Conditions (GTC) apply.

We are responsible for the collection, processing, disclosure, storage, and protection of your personal information and ensure compliance with the Swiss Data Protection Act to the extent that data from Swiss customers is concerned, as well as compliance with the EU General Data Protection Regulation (GDPR) to the extent that data from customers in the EU is concerned.

The consent you provide in this Privacy Policy may be revoked at any time with future effect (see Section 10, last paragraph).

1. Contact Information

The company listed in the legal notice is responsible for data processing. You can contact the data protection officers using the contact information provided there or via the contact form on this website.

2. Governing Law

Data processing is subject to the following laws:

Data from Swiss customers and Swiss visitors to our website
The processing of data from Swiss customers is governed exclusively by Swiss law, in particular the Federal Act on Data Protection (FADP, SR 235.1) and the associated Ordinance to the Federal Act on Data Protection (SR 235.11). The EU General Data Protection Regulation (GDPR) does not apply. This is subject to the applicability of the GDPR (i) to the extent that it is expressly provided for in this Privacy Policy for specific areas, and (ii) to the extent that the GDPR is also mandatorily applicable to data of Swiss customers due to special circumstances.

Data from customers and website visitors located in the EU on our website
. In addition to Swiss law, the processing of data from customers located in the EU is governed by Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR) applies to the processing of data from customers in the EU. See also Section 12 (Additional Provisions for Customers in the EU).

3. Type and Scope of the Collection
of Personal Data When Visiting Our Website

When you visit our website, the web server technology we use automatically logs general technical information about your visit. This includes, among other things, your IP address (which is anonymized by Google before being stored, so that it can no longer be linked to you). Google uses the method _anonymize(ip()) for this purpose, as well as information about the device used, the browser type, the Internet service provider, and the operating system.

4. Data Security

We employ technical and organizational security measures in accordance with recognized industry standards to protect personal data stored by us against accidental, unlawful, or unauthorized manipulation, deletion, alteration, access, disclosure, or use, as well as against partial or complete loss. We assume no liability for the loss of data or for its disclosure to or use by third parties. Furthermore, we cannot guarantee the security of data transmission over the Internet; in particular, there is a risk of third-party access when data is transmitted via email. However, access is protected by HTTPS.

5. Purpose of the processing of personal data / Recipients of the data

We process the data we collect to continuously improve our products and services, to manage the use of and access to our offerings, to maintain our business relationship with customers, to monitor and improve the performance of our offerings, to detect, prevent, or investigate illegal activities, and to provide customers with offers, information, or marketing materials regarding products or services that we believe, based on the data, may be of interest to you. The data may also be disclosed to partner companies and service providers, selected third-party companies, institutions, and/or legally authorized government authorities, both domestically and abroad, for processing, storage, and use in connection with the aforementioned purposes. If the processing or storage of personal information takes place in countries that do not guarantee adequate data protection compared to Swiss data protection law, we require the data processor to fully comply with the relevant provisions of the DSG or—where data from customers in the EU is concerned—the GDPR, under a contractual obligation.

We have certain of the aforementioned processes and services performed by service providers commissioned in compliance with data protection regulations. These include companies in the categories of IT services, payment processing, billing, collections, and consulting, as well as sales and marketing, and service providers whom we engage within the framework of data processing agreements.

6. Cookies / Tracking and Analytics Tools

Cookies help make your visit to our website easier, more enjoyable, and more useful. Cookies are small text files that your web browser automatically stores on your computer’s hard drive when you visit our website and use our services.

You can manage your browser’s security settings yourself and thereby block or disable the cookies we use; however, this may mean that certain bexio services can no longer be used (in full).

Tracking and Analytics Tools / Social Media

The use of our digital offerings is measured and analyzed using various technical systems, primarily from third-party providers such as Google Analytics. These measurements may be conducted both anonymously and on an individual basis. In this context, it is possible that the data collected may be passed on by us or by the third-party providers of such technical systems to third parties in Germany and abroad for processing. The most commonly used and best-known analytics tool is Google Analytics, a service provided by Google Inc. This means that the collected data may generally be transmitted to a Google server in the United States.

Our website uses Google Analytics, a web analytics service provided by Google Inc., located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, U.S.A. (“Google”). Google Analytics uses so-called cookies, which are text files stored on your computer that enable an analysis of your use of the website. The information generated by the cookie about your use of the website (including your IP address, which is, however, anonymized by Google before storage so that it can no longer be associated with you) is transmitted to a Google server in the U.S. and stored there. Google will use this information to evaluate your use of the website, to compile reports on website activity for us, and to provide other services related to website and internet usage. Google may also transfer this information to third parties where required by law or where such third parties process the data on Google’s behalf. Google will in no case associate your IP address with other data held by Google.

Our website uses the "demographic features" function of Google Analytics. This allows us to generate reports that provide insights into the age, gender, and interests of our website visitors. This data is derived from Google's interest-based advertising and from visitor data provided by third parties. This data cannot be linked to any specific individual. You can disable this feature at any time via the ad settings in your Google Account or generally prevent Google Analytics from collecting your data.
For more information, please see Google’s Privacy Policy athttps://support.google.com/analytics/answer/6004245?hl=de.

If you do not want your website activity to be tracked by Google Analytics, you can install the Google Analytics opt-out browser add-on:https://support.google.com/analytics/answer/181881?hl=en. This prevents activity data from being shared with Google Analytics via the JavaScript files (ga.js, analytics.js, and dc.js) that run on websites.

Using this add-on does not prevent the website owner from analyzing data using other tools. Data may still be sent to the website or to other web analytics services.

Finally, we collect certain information via our website in so-called server log files, which your internet browser automatically transmits to us. This includes, among other things, the user agent (browser type and version, operating system used), HTTP header information (referrer URL, IP address of the accessing computer), the time of the server request, and the login status. These server log files are combined with other data sources solely for the purpose of error analysis.

Technologies for Advertising Purposes

Our website uses Google Analytics Remarketing in conjunction with the cross-device features of Google AdWords and Google DoubleClick. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

This feature allows you to link the advertising audiences created with Google Analytics Remarketing to the cross-device features of Google AdWords and Google DoubleClick. This way, interest-based, personalized advertising messages that have been tailored to you based on your previous usage and browsing behavior on one device (e.g., a smartphone) can also be displayed on another of your devices (e.g., a tablet or PC).

If you have given Google your consent to do so, Google will link your web and app browsing history to your Google Account for this purpose. This allows the same personalized ads to be displayed on any device where you sign in with your Google Account.

To support this feature, Google Analytics collects Google-authenticated user IDs, which are temporarily linked to our Google Analytics data to define and create audiences for cross-device advertising.

You can permanently opt out of cross-device remarketing by turning off personalized ads in your Google Account athttps://www.google.com/settings/ads/onweb/.

For more information, please see Google's Privacy Policy athttps://www.google.com/policies/technologies/ads/.

Our website also uses the online advertising program Google AdWords. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

We use what is known as conversion tracking as part of Google AdWords. When you click on an ad displayed by Google, a cookie is set for conversion tracking. Cookies are small text files that your web browser stores on your computer. These cookies expire after 30 days at the latest and are not used to identify you. When you visit our website and the cookie has not yet expired, Google and we can recognize that you clicked on the ad and were redirected to this page.

Google provides us with the total number of users who clicked on our ad and were redirected to our website, which is tagged with a conversion tracking tag. However, we do not receive any information that would allow us to identify you personally. 

You can prevent cookies from being stored by adjusting your browser settings accordingly; however, please note that in this case, you may not be able to use all features of this website to their full extent. You can also prevent tracking by disabling the Google Conversion Tracking cookie in your browser’s user settings.

For more information, please see Google's Privacy Policy athttps://www.google.de/policies/privacy/.

Our website also uses Facebook's visitor engagement pixel, provided by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA.

The Facebook Pixel allows us to track the behavior of website visitors after they have been redirected to our website by clicking on a Facebook ad. This enables us to evaluate the effectiveness of Facebook ads for statistical and market research purposes and to optimize future advertising campaigns.

The data collected is anonymous to our company; we cannot identify you. However, the data is stored and processed by Facebook, allowing it to be linked to the respective user profile and enabling Facebook to use the data for its own advertising purposes in accordance withFacebook’s Data Use Policy. This allows Facebook to display advertisements on Facebook pages as well as outside of Facebook. We have no influence over this use of the data.

You can permanently opt out of remarketing by disabling the "Custom Audiences" remarketing feature in the Ad Settings section athttps://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. To do this, you must be logged in to Facebook.

If you do not have a Facebook account, you can opt out of Facebook's interest-based advertising on the European Interactive Digital Advertising Alliance website athttp://www.youronlinechoices.com/de/praferenzmanagement/.

For more information, please see Facebook’s Privacy Policy athttps://www.facebook.com/about/privacy/.

Integration of third-party services / social media

Our digital offerings are linked in various ways to third-party functions and systems, such as through the integration of plug-ins from third-party social networks, including, in particular, Facebook, Twitter, etc. If you have a user account with these third parties, they may also be able to track and analyze your use of our digital offerings. In doing so, additional personal data, such as IP addresses, browser settings, and other parameters, may be transmitted to these third parties and stored there. We have no control over the use of such personal data collected by third parties and assume no responsibility or liability for it. Furthermore, our company has no detailed knowledge of what data is transmitted to third-party providers, where it is transmitted, or whether it is anonymized.

YouTube plugins are integrated into our website. The provider is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.

The YouTube plugin establishes a connection to YouTube's servers. In the process, the YouTube server is informed which of our pages you have visited.

If you are logged in to your YouTube account, YouTube can link your browsing activity directly to your personal profile. You can prevent this by logging out of your YouTube account.

For more information, please see YouTube’s Privacy Policy athttps://www.google.de/intl/de/policies/privacy.

Our website incorporates plugins from the video portal Vimeo, operated by Vimeo, LLC, 555 West 18th Street, New York, New York 10011, USA. Every time you visit a page that features one or more Vimeo video clips, a direct connection is established between your browser and a Vimeo server in the United States. Information about your visit and your IP address is stored there. When you interact with the Vimeo plugins (e.g., by clicking the play button), this information is also transmitted to Vimeo and stored there. For more detailed information on how Vimeo collects and uses your data, please refer toVimeo’s Privacy Policy.

If you have a Vimeo account and do not want Vimeo to collect data about you through this website and link it to your Vimeo account information, you must log out of Vimeo before visiting this website.

In addition, Vimeo calls the Google Analytics tracker via an iFrame in which the video is embedded. This is Vimeo’s own tracking system, to which we have no access. You can prevent tracking by Google Analytics by using the opt-out tools that Google provides for certain web browsers. You can also prevent Google from collecting the data generated by Google Analytics and related to your use of the website (including your IP address), as well as prevent Google from processing this data, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de


What other tools do we use?

Our website uses the Google Maps service via an API. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. When you use the features of Google Maps, your IP address is stored by Google and is generally transmitted to a Google server in the United States. We have no control over this data transfer.

For more information, please see Google's Privacy Policy:https://www.google.de/intl/de/policies/privacy/.

7. Communication via email and/or newsletter

If you would like to subscribe to a newsletter offered on our website, we will need your email address and other information that allows us to verify that you are the owner of the email address provided and that you consent to receiving the newsletter (the “double opt-in” process). 

Through the newsletter, users regularly receive recommendations and offers that may be of interest to them. To this end, we collect and process personal data regarding their usage behavior on our website and how they use our newsletters (e.g., whether they open the newsletter or which web links they click on). We analyze this data for statistical purposes to better tailor the content of the newsletters to users’ interests. 

The personal data you enter in the newsletter sign-up form is processed based on your consent, which you may revoke at any time with future effect. You can revoke your consent by clicking the “unsubscribe” link in the newsletter. We use the personal data we collect from you to determine the content of the newsletter and to send it to you. 

We will retain the personal data you have provided to us for the purpose of subscribing to the newsletter until you unsubscribe from the newsletter.

The newsletter is sent via the email service provider 'MailChimp', a newsletter distribution platform operated by the U.S. company Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the mailing service provider’s privacy policyhere. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield Framework and thereby guarantees compliance with European data protection standards (Privacy Shield). The mailing service provider is engaged on the basis of our legitimate interests pursuant to Art. 6(1)(f) GDPR and a data processing agreement pursuant to Art. 28(3)(1) GDPR.

The email service provider may use recipients’ data in pseudonymous form—that is, without linking it to a specific user—to optimize or improve its own services, such as for technical improvements to the delivery and presentation of newsletters or for statistical purposes. However, the email service provider does not use our newsletter recipients’ data to contact them directly or to share the data with third parties.

9. Duration of storage

We process and store the personal data we collect from customers/users for communication, billing, accounting, and marketing purposes for as long as they use our services.

If the data is no longer necessary for the fulfillment of contractual or legal obligations, it is regularly deleted, unless its continued processing—for a limited period—is necessary for the following purposes:

  • Compliance with commercial, tax, and other record-keeping obligations in Switzerland: Of particular note is the ten-year period for maintaining and retaining business records (Swiss Code of Obligations 958 et seq.); specific laws may also prescribe longer periods.

  • Compliance with commercial, tax, and other record-keeping obligations in Germany: These include, in particular, the German Commercial Code (HGB) and the German Fiscal Code (AO). The retention and documentation periods specified therein range from two to ten years; longer periods may also apply under specific laws.

  • Compliance with commercial, tax, and other record-keeping obligations in other countries, to the extent that bexio operates there.

  • Preservation of evidence in accordance with the applicable statutory limitation periods, which may be as long as 30 years or more.

10. Access, Correction, Deletion, Blocking, Consent

With regard to their personal data, users have the following rights. We explicitly grant these rights, as set forth in the GDPR, to Swiss customers as well, unless they are already entitled to analogous rights under the Swiss Data Protection Act (DSG):

  • the right of access under Article 15 of the GDPR,

  • the right to rectification under Article 16 of the GDPR,

  • the right to erasure under Article 17 of the GDPR,

  • the right to restriction of processing under Article 18 of the GDPR,

  • the right to data portability under Article 20 of the GDPR, as well as

  • the right to object under Article 21 of the GDPR.

The rights listed above are subject to any restrictions under the GDPR, as well as under applicable national data protection laws or other national laws.

Whenever users are asked to provide consent in connection with our company’s services, they grant this consent by checking the corresponding checkbox, thereby authorizing our company to collect, process, use, and disclose their personal data accordingly.

You may, of course, withdraw your consent at any time without affecting the lawfulness of the processing carried out on the basis of your consent prior to its withdrawal. You may submit your withdrawal in writing using the contact details provided above.

11. Links to other websites

Our website contains hyperlinks to third-party websites that are not operated or controlled by our company. Our company is not responsible for their content or privacy practices.

12. Additional provisions for customers from the EU

The following provisions apply only to customers within the EU; they do not apply to Swiss customers.

Legal basis for processing

The processing of your data for the purposes specified in Section 5 is carried out in accordance with Article 6(1)(b) of the GDPR for the performance of a contract. The subject matter of the contract is the services mentioned above.
Your data is also processed, as described above, to safeguard the legitimate interests of our company (Article 6(1)(f) GDPR). These include improving products and services (including the delivery of direct marketing), monitoring and improving the performance of our offerings, and detecting, preventing, or investigating illegal activities.

In addition, data is processed in accordance with Article 6(1)(c) of the GDPR to fulfill legal obligations (e.g., retention and documentation requirements). This includes, in particular, your personal master data.

If you believe that one or more of the purposes listed in Section 5 are not covered by the legal bases mentioned above, you may request that we no longer process your personal data for specific individual purposes (opt-out). You may submit such an opt-out request in writing to the contact options mentioned at the beginning of this document.

Right to lodge a complaint

If you believe that the processing of your personal data violates the GDPR, you have the right to lodge a complaint with a competent supervisory authority in accordance with Article 77 of the GDPR.

We are, of course, happy to address any questions or concerns you may have prior to filing a complaint. Please submit these in writing using the contact options mentioned above.

Last updated: December 2020