Version from 5 December 2024

Privacy policy of Studio Nicotra GmbH

  1. Contents

Studio Nicotra GmbH (hereinafter also referred to as "company", "we", "us") collects and processes personal data concerning you or other persons (so-called "third parties"). In this Privacy Policy, we describe what we do with your data when you use www.studio-nicotra.com (hereinafter "Website"), purchase our services, are otherwise in contact with us under a contract or otherwise communicate with us.

This explanation is not exhaustive. Where applicable, general terms and conditions, conditions of participation and similar documents govern specific matters. Personal data refers to all information relating to an identified or identifiable person.

If you provide us with personal data of third parties (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 authorised 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 ("DPA") and the revised Swiss Data Protection Act ("revDSG"). Whether and to what extent these laws are applicable depends on the individual case.

  1. Controller

Studio Nicotra GmbH is responsible for data processing, unless otherwise specified in individual cases. If you have any data protection concerns, you can contact us as follows

Studio Nicotra GmbH
Andreasstrasse 5
CH - 8050 Zurich
hello@studio-nicotra.ch

  1. Types 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.

Where permitted, we also obtain 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 we receive directly from you, 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 name, address of your employer). references, your address for deliveries, powers of attorney, information on compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners of ours on the utilisation or provision of services by you (e.g. payments made, purchases made)), information from the media and the 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).

  1. Purpose of data processing and legal basis

We use the personal data we collect primarily to conclude and process our contracts with our customers and business partners, in particular for the provision of services in the fields of architecture, interior design, lighting design and product design, as well as consulting companies in relation to strategy and organisation with our customers and the purchase of products and services from our suppliers and subcontractors, and 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, where permitted and where we deem it appropriate, for the following purposes in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose:

  • Offering and further developing our offers, services and websites, apps and other platforms on which we are present;
  • Communication with third parties and processing their enquiries (e.g. applications, media enquiries)
  • Examination and optimisation 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 organisation 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 then place you on a blacklist against further advertising mailings);
  • Market and opinion research, media monitoring;
  • Assertion of legal claims and defence in connection with legal disputes and official proceedings;
  • Prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analyses to combat fraud);
  • Ensuring our operations, in particular IT, our websites, apps and other platforms;
  • Measures for IT, building and asset security and protection of our employees and other persons and assets belonging to or entrusted to us (e.g. access controls, visitor lists, network and mail scanners, telephone recordings);
  • 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.

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 given can be withdrawn at any time, but this has no effect on data processing that has already taken place.

  1. 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 recognise 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 saves them for one session or otherwise deletes them prematurely. Most browsers are preset to accept cookies. We use permanent cookies so that you can save user settings (e.g. language, autologin), so that we can better understand how you use our offers and content, so that we can show you customised offers and advertising (which can also happen on websites of other companies; however, they will not find out from us who you are, if we know this at all, because they only see that the same user is on their website who was also on a certain page on our website). If you block cookies, certain functionalities (such as language dialling, contact processes) may no longer work.

In some of our newsletters and other marketing e-mails, we also include visible and invisible image elements, where permitted, which we can retrieve from our servers to determine whether and when you have opened the e-mail so that we can measure and better understand how you use our offers and tailor them to you. You can block this in your email programme; most are pre-set to do this.

By using our websites and agreeing to receive newsletters and other marketing emails, you consent to the use of these techniques. If you do not want this, you must set your browser or e-mail programme accordingly.

We use Google Analytics and/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 processor (both "Google"), www.google.com), with which we can measure and analyse the use of the website (not on a personal basis). 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).

We also use plug-ins from social networks such as YouTube, Linkedin or Instagram and programmes such as Calendly and Videoask on our websites. This is visible to you in each case (typically via corresponding icons). We have configured these elements so that they are deactivated by default. If you activate them (by clicking on them), the operators of the respective social networks can register that you are on our website and where and can use this information for their purposes. The processing of your personal data is then the responsibility of this operator in accordance with its data protection provisions. We do not receive any information about you from them.

  1. 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 where permitted and where we deem it 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 parties:

  • Service providers of ours (e.g. banks, insurance companies), including contract processors (such as IT providers, legal advisors);
  • Dealers, suppliers, subcontractors and other business partners;
  • customers;
  • domestic and foreign authorities, official bodies or courts;
  • the media;
  • the public, including visitors to websites and social media;
  • Competitors, industry organisations, associations, organisations and other bodies;
  • acquirers or parties interested in acquiring business divisions, companies or other parts;
  • other parties to potential or actual legal proceedings;

all joint recipients.

These recipients may be located in Switzerland or abroad. The data may be transferred to other countries where our service providers are located (e.g. Videoask, Apple).

If a recipient is located in a country without adequate statutory data protection, we contractually oblige the recipient to comply with the applicable data protection regulations (we use the revised standard contractual clauses of the European Commission, which are available here: eur-lex.europa.eu/eli/dec_impl/2021/914/oj, unless the recipient is already subject to a legally recognised set of rules to ensure data protection and we cannot rely on an exemption clause. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the fulfilment of a contract requires such disclosure, if you have given your consent or if the data in question has been made generally accessible by you and you have not objected to its processing.

  1. Duration of storage of personal data

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

  1. Data security

We take appropriate technical and organisational security precautions to protect your personal data from unauthorised access and misuse.

  1. Obligation to provide personal data

As part of our business relationship, you must provide the personal data that is required for the establishment and implementation of a business relationship and the fulfilment of the associated contractual obligations (you do not generally have a legal obligation to provide us with data). Without this data, we will generally not be able to enter into or fulfil a contract with you (or the entity or person you represent). The website can also not be used if certain information to secure data traffic (e.g. IP address) is not disclosed.

  1. Rights of the data subject

You have the right to information, correction, deletion, the right to restrict data processing and otherwise to object to our data processing, in particular for the purposes of direct marketing, profiling for direct advertising and other legitimate interests in processing, as well as to the disclosure of certain personal data for the purpose of transfer to another organisation (so-called data portability) 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). Please note, however, that we reserve the right to assert 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 (insofar as we are entitled to invoke this) or need it to assert claims.

If you incur costs, we will inform you in advance. We have already informed you about the possibility of withdrawing your consent in section 3. Please note that exercising these rights may conflict with contractual agreements and may have consequences such as premature cancellation of the contract or cost consequences. We will inform you in advance if this is not already contractually regulated.

The exercise of such rights generally requires that you clearly prove your identity (e.g. by means of a copy of your identity card, 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 2.

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

  1. Amendments

We may amend this privacy policy at any time without prior notice. The current version published on our website shall apply. If the data protection declaration is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.