Datenschutzerklärung – bkt-legal.ch

Data Protection Statement of the law firm Bürgi & Kriegers-Tejura Legal

Version effective as of December 2023

With this Data Protection Statement, we describe how we collect and further process per-sonal data. This Data Protection Statement is not necessarily a comprehensive description of our data processing. It is possible that other data protection statements are applicable to specific circumstances. The term "personal data" in this Data Protection Statement shall mean any information that identifies or could reasonably be used to identify any person.

If you provide us with personal data of other persons (such as family members, work col-leagues), please make sure the respective persons are aware of this Data Protection Statement and only provide us with their data if you are allowed to do so and such personal data is correct.

This Privacy Notice is aligned with the EU General Data Protection Regulation («GDPR») and the Swiss Data Protection Act («DPA»). However, the application of these laws de-pends on each individual case.

1. Controller

The "controller" of data processing as described in this Data Protection Statement is Mrs Leena Kriegers-Tejura. You can notify us of any data protection related concerns using the following contact details:

Bürgi & Kriegers-Tejura Legal, Mrs Leena Kriegers-Tejura, Lawyer, Europaallee 41, 8021 Zürich; E-Mail: kriegers-tejura@bkt-legal.ch.

2. Collection and Processing of Personal Data

We primarily process personal data that we obtain from our clients and other business part-ners as well as other individuals in the context of our business relationships with them.

Insofar as it is permitted to us, we obtain certain personal data from publicly accessible sources (e.g. debt registers, land registries, commercial registers, press, internet) or we may receive such information from companies, from authorities or other third parties. Apart from data you provided to us directly, the categories of data we receive about you from third par-ties include, but are not limited to, information from public registers, data received in connec-tion with administrative or court proceedings, information in connection with your profession-al role and activities (e.g. in order to conclude and carry out contracts with your employer), information about you in correspondence and discussions with third parties, information about you given to us by individuals associated with you (family, consultants, legal repre-sentatives, etc.) in order to conclude or process contracts with you or with your involvement (e.g. references, your delivery-address, powers of attorney), information regarding legal reg-ulations such as anti-money laundering and export restrictions, bank details, information regarding insurances, our distributors and other business partners for the purpose of order-ing or delivering services to you or by you.

3. Purpose of Data Processing and Legal Grounds

We primarily use collected data in order to conclude and process contracts with our clients and business partners, in particular in connection with legal advice to our clients and the procurement of products and services from our suppliers and subcontractors, as well as in order to comply with our domestic and foreign legal obligations. You may be affected by our data processing in your capacity as an employee of such a client or business partner.

In addition, in line with applicable law and where appropriate, we may process your personal data and personal data of third parties for the following purposes, which are in our (or, as the case may be, any third parties') legitimate interest, such as:

review and optimization of procedures regarding needs assessment for the purpose of direct customer approach as well as obtaining personal data from publicly accessi-ble sources for customer acquisition;
asserting legal claims and defense in legal disputes and official proceedings;
prevention and investigation of criminal offences and other misconduct (e.g., conduct-ing internal investigations, data analysis to combat fraud);
ensuring our operation, including our IT and our websites.

If you have given us your consent to process your personal data for certain purposes (for example when carrying 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, provided that we require one. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.

4. Data Transfer and Transfer of Data Abroad

In the context of our business activities and in line with the purposes of the data processing set out in Section 3, we may transfer data to third parties, insofar as such a transfer is per-mitted and we deem it appropriate, in order for them to process data for us or, as the case may be, their own purposes. In particular, the following categories of recipients may be con-cerned:

our service providers (such as e.g., banks, insurances), including processors (such as e.g., IT providers);
dealers, suppliers, subcontractors and other business partners;
domestic and foreign authorities or courts;
competitors, industry organizations, associations, organizations and other bodies;
other parties in possible or pending legal proceedings;

together «Recipients».

Certain Recipients may be within Switzerland, but they may be located in any country worldwide. If a recipient is located in a country without adequate statutory data protection, we require the recipient to undertake to comply with data protection (for this purpose, we use the revised European Commission’s standard contractual clauses, which can be ac-cessed here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless the recipient is subject to a legally accepted set of rules to ensure data protection and unless we cannot rely on an exception. An exception may apply for example in case of legal proceedings abroad, but also in cases of overriding public interest or if the performance of a contract requires disclosure, if you have consented or if data has been made available generally by you and you have not objected against the processing.

5. Retention Periods for your Personal Data

We process and retain your personal data as long as required for the performance of our contractual obligation and compliance with legal obligations or other purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, during the performance of the contract until it is terminated) as well as beyond this duration in accordance with legal retention and documentation obligations. Personal data may be retained for the period during which claims can be asserted against our company or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g., for evidence and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anony-mized, to the extent possible.

6. Data Security

We have taken appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse such as internal policies, training, IT and network security solutions, encryption of data carriers and transmissions, pseudony-mization, inspections.

7. Obligation to Provide Personal Data To Us

In the context of our business relationship, you must provide us with any personal data that is necessary for the conclusion and performance of a business relationship and the perfor-mance of our contractual obligations (as a rule, there is no statutory requirement to provide us with data). Without this information, we will usually not be able to enter into or carry out a contract with you (or the entity or person you represent).

8. Your Rights

In accordance with and as far as provided by applicable law (as is the case where the GDPR is applicable), you have the right to access, rectification and erasure of your personal data, the right to restriction of processing or to object to our data processing as well as the right to receive certain personal data for transfer to another controller (data portability). Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs on you, we will notify you thereof in advance. We have already informed you of the possibility to withdraw consent in Section 3 above. Please further note that the exercise of these rights may be in conflict with your contractual obligations, and this may result in consequences such as premature contract termination or involve costs. If this is the case, we will inform you in advance unless it has already been contractually agreed upon.

In general, exercising these rights requires that you are able to prove your identity (e.g., by a copy of identification documents where your identity is not evident otherwise or can be verified in another way). In order to assert these rights, please contact us at the address provided in Section 1 above.

In addition, every data subject has the right to enforce his/her rights in court or to lodge a complaint with the competent data protection authority. The competent data protection au-thority of Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

9. Amendments of this Data Protection Statement

We may amend this Data Protection Statement at any time without prior notice. The current version published on our website shall apply. If the Data Protection Statement is part of an agreement with you, we will notify you by e-mail or other appropriate means in case of an amendment.