Privacy policy

Version from 02.08.2024

In this privacy policy, we, Lead Impact GmbH, explain how we collect and otherwise process personal data. This is not an exhaustive description; other data protection statements may regulate specific matters. Personal data refers to all information relating to an identified or identifiable person. If you provide us with the personal data of other persons (e.g. family members, data of work colleagues), please ensure that these persons are aware of this privacy policy and only provide us with their personal data if you are permitted to do so and if this personal data is correct. This Privacy Policy is designed to meet the requirements of the EU General Data Protection Regulation (“GDPR”), the Swiss Data Protection Act (“DSG”) and the revised Swiss Data Protection Act (“revDSG”). However, whether and to what extent these laws are applicable depends on the individual case.

1. Responsible Person / Data Protection Officer / Representative

Lead Impact GmbH is responsible for the data processing described here. If you have any data protection concerns, you can send them to us at the following contact address:

Lead Impact GmbH

Nussbaumstrasse 29

8003 Zurich

silvan@leadimpact.ch

2. Collection and Processing of Personal Data

We primarily process the personal data that we receive from our customers and other business partners as part of our business relationship with them and other persons involved or that we collect from their users when operating our websites, apps and other applications.

Insofar as this is permitted, we also obtain certain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, Internet) or receive such data from authorities and other third parties. In addition to the data that you provide to us directly, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we learn in connection with official and court proceedings, information in connection with your professional functions and activities (so that we can, for example to conclude and process transactions with your employer with your help), information about you in correspondence and meetings with third parties, creditworthiness information (insofar as we process transactions with you personally), information about you that people from your environment (family, advisors, legal representatives, etc.) provide to us so that we can conclude or process contracts with you or with your involvement (e.g. references, your address for deliveries, full addresses, etc.). References, your address for deliveries, powers of attorney, information on compliance with legal requirements such as the fight against money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners of ours on the use or provision of services by you (e.g. payments made, purchases made), information from the media and Internet about your person (insofar as this is appropriate in the specific case, e.g. in the context of a job application, press releases, etc.). e.g. in the context of an application, press review, marketing/sales, etc.), your addresses and, if applicable, interests and other socio-demographic data (for marketing), data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring website, location data).

3. Purposes of Data Processing and Legal Bases

We use the personal data we collect primarily to conclude and process our contracts with our customers and business partners, in particular in the context of horticulture, garden planning and maintenance with our customers and the purchase of products and services from our suppliers and subcontractors, as well as to comply with our legal obligations in Switzerland and abroad. If you work for such a customer or business partner, your personal data may of course also be affected in this function.

In addition, we also process personal data of you and other persons for the following purposes, where permitted and where we deem it appropriate, in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose:

  • Offering and further developing our products, services and websites, apps and other platforms on which we are present;
    Communication with third parties and processing their inquiries (e.g. applications, media inquiries);
  • Examination and optimization of procedures for needs analysis for the purpose of direct customer contact and collection of personal data from publicly accessible sources for the purpose of customer acquisition;
  • Advertising and marketing (including the organization of events), provided you have not objected to the use of your data (if we send you advertising as an existing customer, you can object to this at any time and we will put you on a blacklist against further advertising mailings);
  • Market and opinion research, media monitoring;
  • Assertion of legal claims and defense in connection with legal disputes and official proceedings;
  • Prevention and investigation of criminal offenses and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
  • Guarantees of our operations, in particular IT, our websites, apps and other platforms;
    Videoüberwachungen zur Wahrung des Hausrechts und sonstige Massnahmen zur IT-, Gebäude- und Anlagesicherheit und Schutz unserer Mitarbeiter und weiteren Personen und uns gehörenden oder anvertrauten Werte (wie z.B. Zutrittskontrollen, Besucherlisten, Netzwerk- und Mailscanner, Telefonaufzeichnungen);
  • Purchase and sale of business divisions, companies or parts of companies and other transactions under company law and the associated transfer of personal data as well as measures for business management and compliance with legal and regulatory obligations and internal regulations of Lead Impact GmbH

 

If you have given us your consent to process your personal data for specific purposes (for example, when you register to receive newsletters or carry out a background check), we will process your personal data within the scope of and based on this consent, unless we have another legal basis and require one. Consent that has been granted can be revoked at any time, but this has no effect on data processing that has already taken place.

4. Cookies / Tracking and other Technologies in Connection with the Use of our Website

We typically use “cookies” and similar technologies on our websites 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 use when you visit our website. This enables us to recognize you when you return to this website, even if we do not know who you are. In addition to cookies that are only used during a session and are 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 so that it rejects cookies, only stores them for one session or otherwise deletes them prematurely. Most browsers are preset to accept cookies. We use permanent cookies so that we can better understand how you use our offers and content. If you block cookies, certain functions may no longer work.

By using our websites, you consent to the use of these technologies. If you do not want this, you must set your browser or e-mail program accordingly.

We sometimes use Google Analytics or similar services on our websites. This is a service provided by third parties, which may be located in any country in the world (in the case of Google Analytics, it is Google Ireland (based in Ireland), Google Ireland relies on Google LLC (based in the USA) as a processor (both “Google”), www.google.com), with which we can measure and evaluate the use of the website (not personalized). Permanent cookies set by the service provider are also used for this purpose. We have configured the service so that the IP addresses of visitors to Google in Europe are truncated before being forwarded to the USA and therefore cannot be traced. We have switched off the settings “Data transfer” and “Signals”. Although we can assume that the information we share with Google is not personal data for Google, it is possible that Google can use this data for its own purposes to draw conclusions about the identity of visitors, create personal profiles and link this data to the Google accounts of these persons. If you have registered with the service provider yourself, the service provider also knows you. The processing of your personal data by the service provider is then the responsibility of the service provider in accordance with its data protection provisions. The service provider only informs us how our respective website is used (no information about you personally).

5. Data Transfer and Data Transmission abroad

As part of our business activities and for the purposes set out in Section 3, we also disclose data to third parties to the extent permitted and deemed appropriate, either because they process it for us or because they wish to use it for their own purposes. This applies in particular to the following bodies:

  • Service providers of ours (within the XXX Group and externally, e.g. banks, insurance companies), including contract processors (e.g. IT providers);
  • Dealers, suppliers, subcontractors and other business partners;
  • Customers;
  • domestic and foreign authorities, official bodies or courts;
  • Media;
  • the public, including visitors to websites and social media;
  • Competitors, industry organizations, associations, organizations and other bodies;
  • Acquirers or parties interested in acquiring business units, companies or other parts of Lead Impact GmbH;
  • other parties in potential or actual legal proceedings;

all together recipients.

These recipients are partly in Germany, but can be anywhere in the world. In particular, you must expect your data to be transferred to all countries in which Bonetti Haus und Garten GmbH is represented and to other countries in Europe and the USA where the service providers we use are located (e.g. Google).

If a recipient is located in a country without adequate legal data protection, we contractually oblige the recipient to comply with the applicable data protection regulations (for this purpose we use the revised Standard Contractual Clauses of the European Commission, which can be found here: https://eur-lex.europa.eu/eli/ dec_impl/2021/914/oj?), unless it is already subject to a legally recognized set of rules to ensure data protection and we cannot rely on an exception. An exception may apply in particular in legal proceedings abroad, but also in predominantly public interest cases or if the execution of a contract requires such disclosure, if you have given your consent or if it concerns data that you have made generally accessible and the processing of which you have not objected to.

6. Duration of retention of personal data

We process and store your personal data for as long as it is necessary to fulfill our contractual and legal obligations or for other purposes pursued by the processing, i.e. for example for the duration of the entire business relationship (from initiation, processing to termination of a contract) as well as in accordance with the statutory retention and documentation obligations. It is possible that personal data will be retained for the period in which claims can be asserted against our company and to the extent that we are otherwise legally obliged to do so or legitimate business interests require this (e.g. for evidentiary and documentation purposes). As soon as your personal data is no longer required for the purposes mentioned above, it will generally be deleted or anonymized as far as possible. For operational data (e.g. system protocols, logs), shorter retention periods of twelve months or less apply.

7. Data Security

We take appropriate technical and organizational security precautions to protect your personal data from unauthorized access and misuse, such as pseudonymization.

8. Obligation to provide personal data

As part of our business relationship, you must provide the personal data that is necessary for the establishment and implementation of a business relationship and the fulfillment of the associated contractual obligations (you generally do not have a legal obligation to provide us with data). Without this data, we will generally not be able to enter into or process a contract with you (or the entity or person you represent). The website cannot be used if certain information to ensure data traffic (such as IP address) is not disclosed.

9. Profiling and automated decision making

We process some of your personal data automatically with the aim of evaluating certain personal aspects (profiling). We use profiling in particular to be able to provide you with targeted information and advice about products. We use evaluation tools that enable us to conduct needs-based communication and advertising, including market and opinion research.

To establish and implement the business relationship or otherwise, we generally do not use fully automated decision-making (as regulated in Art. 22 GDPR). If we use such procedures in individual cases, we will inform you separately, provided this is required by law and inform you about the associated rights.

10. Rights of the data subject

Within the framework of the data protection law applicable to you and to the extent provided for therein (such as in the case of the GDPR), you have the right to information, correction, deletion, the right to restrict data processing and other things Objection to our data processing, in particular that for the purposes of direct marketing, profiling for direct advertising and other legitimate interests in processing as well as the release of certain personal data for the purpose of transferring it to another location (so-called data portability). Please note, however, that we reserve the right to enforce the restrictions provided for by law, for example if we are obliged to store or process certain data, have an overriding interest in doing so (to the extent that we are entitled to rely on this) or use them for the assertion of requirements. If you incur any costs, we will inform you in advance. We have already provided information about the possibility of revoking your consent in Section 3. Please note that exercising these rights may conflict with contractual agreements and this may have consequences such as early termination of the contract or cost implications. We will inform you in advance if this is not already contractually stipulated.

The exercise of such rights usually requires that you provide clear proof of your identity (e.g. by providing a copy of your ID, where your identity is otherwise not clear or cannot be verified). To assert your rights, you can contact us at the address given in Section 1.

Every data subject also has the right to enforce their claims in court or to file a complaint with the responsible data protection authority. The responsible data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

11. Changes

We may amend this privacy policy at any time without prior notice. The current version published on our website applies. To the extent that the Privacy Policy is part of an agreement with you, in the event of an update, we will inform you of the change by email or other appropriate means.