Privacy policy of ORC Webhosting GmbH

Your privacy, data protection, data security and the responsible handling of personal data are important to us, ORC Webhosting GmbH.

In this Privacy Policy, we describe how we collect and process personal data (information that relates to and directly or indirectly identifies an individual) when you visit our website, use our applications, enter into contracts with us or use our services, or otherwise deal with us.

In some cases, particularly in connection with our hosting services, we process personal data on behalf of our customers. In this context, we are considered exclusively as an order processor; our customers are responsible for the lawful processing of data. If you have any questions about the processing of your data or would like to assert your rights under data protection law, please contact our customers or consult their data protection declarations.

Contact and data protection officer

Responsibility for the processing of personal data:

ORC Webhosting Ltd.
Davoserweg 365 B
CH-7302 Landquart

Mail: contact (@) orcwebhosting.com

Data Protection Officer: Silvio Mazenauer

Types of data processed:

When you place your first order, we record your personal data via our automated ordering system. Of course, the data transmission here takes place exclusively via an encrypted connection.

Salutation
First name, last name
Company (optional)
Street, house number
Zip code, city
Phone
Fax (optional)
Your email address

This data is recorded centrally by us and used or required for the processing of the order/contractual relationship.

Categories of affected persons

Visitors and users of the online offer (hereinafter we also refer to the data subjects collectively as "users").

Purpose of processing

Provision of the online offer, its functions and contents.
Respond to contact requests and communicate with users.
Safety measures.
Reach measurement/marketing

Terms used

"Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

"Processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and includes virtually any handling of data.

Controller" means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.

Relevant legal bases

In accordance with Art. 13 DSGVO, we inform you about the legal basis of our data processing. If the legal basis is not mentioned in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 DSGVO, the legal basis for processing to fulfill our services and carry out contractual measures and respond to inquiries is Art. 6(1)(b) DSGVO, the legal basis for processing to fulfill our legal obligations is Art. 6(1)(c) DSGVO, and the legal basis for processing to protect our legitimate interests is Art. 6(1)(f) DSGVO. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) lit. d DSGVO serves as the legal basis.

Cooperation with processors and third parties

If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as to payment service providers, is necessary for the performance of the contract pursuant to Art. 6 para. 1 lit. b DSGVO), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, data processing center, domain registrars, etc.).

If we commission third parties with the processing of data on the basis of a so-called "order processing agreement", this is done on the basis of Art. 28 DSGVO.

Passing on data to the domain registries

In order for us to be able to register your domains, we must forward your data to the respective registrars of the domains (e.g. nic.ch). Of course, only the absolutely necessary personal data will be transferred. Information such as your bank details will of course not be disclosed to anyone!

Please note that we cannot circumvent the transfer of certain data to the registrars. These are regulations of the respective registries (e.g. nic.ch), over which we have no influence.

The data transmitted to the registrars can be queried and viewed by Internet users. However, the registrars prohibit commercial or abusive use, so it cannot be assumed that your data stored there will be used for advertising purposes or the like.

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using third-party services or disclosing or transferring data to third parties, this is only done if it is done to fulfill our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the processing of data in a third country only if the special requirements of Art. 44 et seq. DSGVO are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection that corresponds to the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").

Rights of the data subjects

You have the right to request confirmation as to whether data in question is being processed and to information about this data, as well as further information and a copy of the data in accordance with Art. 15 DSGVO.

You have according to. Art. 16 DSGVO the right to request the completion of the data concerning you or the correction of incorrect data concerning you.

In accordance with Article 17 of the GDPR, you have the right to demand that the data in question be deleted without delay or, alternatively, to demand restriction of the processing of the data in accordance with Article 18 of the GDPR.

You have the right to request to receive the data concerning you that you have provided to us in accordance with Article 20 of the GDPR and to request its transfer to other data controllers.

You also have the right to file a complaint with the competent supervisory authority pursuant to Art. 77 DSGVO.

Right of withdrawal

You have the right to revoke given consents according to Art. 7 para. 3 DSGVO with effect for the future

Right of objection

You may object to the future processing of data relating to you in accordance with Art. 21 DSGVO at any time. The objection can be made in particular against the processing for purposes of direct marketing.

Data deletion

The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 DSGVO. Unless expressly stated within the scope of this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.

Business processing

In addition we process

Contract data (e.g., subject matter of the contract, term, customer category).
Payment data (e.g., bank details, payment history) of our customers, prospective customers and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

Collection of access data and log files

We collect on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO, we collect data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the accessed website, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.

Log file information is stored for security reasons (e.g. to clarify acts of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is required for evidentiary purposes is exempt from deletion until final clarification of the respective incident.

Provision of contractual services

We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Art. 6 para. 1 lit b. DSGVO. The entries marked as mandatory in online forms are required for the conclusion of the contract.

In the context of the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. In principle, this data is not passed on to third parties, unless it is necessary for the pursuit of our claims or there is a legal obligation to do so pursuant to Art. 6 para. 1 lit. c DSGVO.

We process usage data (e.g., the web pages visited on our website, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile, e.g., to display product information to users based on the services they have used to date.

The deletion of the data takes place after the expiry of legal warranty and comparable obligations, the necessity of keeping the data is reviewed every three years; in the case of legal archiving obligations, the deletion takes place after their expiry. Information in any customer account shall remain until it is deleted.

Registration function

Users can optionally create a user account. As part of the registration process, users are provided with the required mandatory data. The data entered during registration will be used for the purposes of using the offer. Users can be informed about information relevant to the offer or registration, such as changes to the scope of the offer or technical circumstances by e-mail. If users have terminated their user account, their data with regard to the user account will be deleted, subject to their retention is necessary for commercial or tax reasons in accordance with Art. 6 para. 1 lit. c DSGVO. It is the responsibility of the users to save their data in the event of termination before the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract.

In the context of the use of our registration and login functions and the use of user accounts, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. In principle, this data is not passed on to third parties, unless it is necessary for the pursuit of our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO. The IP addresses are anonymized or deleted after 7 days at the latest.

Contact

When contacting us (e.g. by contact form, e-mail, telephone or via social media), the user's details are processed for the purpose of handling the contact request and its processing pursuant to Art. 6 (1) lit. b) DSGVO. The user's details may be stored in a customer relationship management system ("CRM system") or comparable inquiry organization.

We delete the requests if they are no longer necessary. We review the necessity every two years; Furthermore, the legal archiving obligations apply.

ORC Webhosting GmbH does NOT send out newsletters!

Cookies

We use the "Real Cookie Banner" consent tool to manage the cookies and similar technologies used (tracking pixels, web beacons, etc.) and related consents. Details on how "Real Cookie Banner" works can be found at https://devowl.io/de/wissensdatenbank/real-cookie-banner-datenverarbeitung/.

Legal bases for the processing of personal data in this context are Art. 6 para. 1 lit. c DS-GVO and Art. 6 para. 1 lit. f DS-GVO. Our legitimate interest is the management of the cookies and similar technologies used and the related consents.

The provision of personal data is neither contractually required nor necessary for the conclusion of a contract. You are not obliged to provide the personal data. If you do not provide the personal data, we cannot manage your consents.

Internet cookies are small data sets that are stored by your web browser on your computer's hard drive. We use cookies on our website. These cookies are necessary so that you can move freely on the website and use its functions. This includes, among other things, access to secure areas of the website. Cookies are also necessary for technical reasons for the function of the shopping cart when placing orders.

By using our website, you consent to us setting cookies. Most web browsers are set by default to automatically accept cookies. However, you have the option of disabling the storage of cookies or setting your browser to notify you when cookies are sent.

Please note that disabling certain technical and/or functional cookies may limit the functionality of our website. Some cookies remain on your terminal device until you delete them manually.

Google Analytics

We use Google Analytics, a web analytics service provided by Google LLC ("Google"), on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 para. 1 lit. f. DSGVO) Google Analytics, a web analytics service provided by Google LLC ("Google"). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transmitted to a Google server in the U.S. and stored there.

Google is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/ps/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with other services related to the use of this online offer and the Internet. In doing so, pseudonymous usage profiles of the users can be created from the processed data.

We only use Google Analytics with IP anonymization activated. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there.

The IP address transmitted by the user's browser is not merged with other data from Google. Users may prevent the storage of cookies by selecting the appropriate settings on their browser software; users may also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

You can find out more information about Google's use of data, setting options and objection options on Google's websites: https://www.google.com/intl/de/policies/privacy/partners ("Data use by Google when you use our partners' websites or apps"), https://www.google.com/policies/technologies/ads ("Data Use for Advertising Purposes"), https://adssettings.google.de/anonymous?hl=d s ("Manage information that Google uses to serve ads to you").

Use of social plugins

It is possible to share content from our website via Facebook, Twitter, Xing and Instagram. This only generates an HTML link, so that no user data is transmitted to a third-party company.

Google Fonts

None.

Google ReCaptcha

We integrate the function for the recognition of bots, e.g. for entries in online forms ("ReCaptcha") of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Tawk.to

Our website optionally offers the use of live chat software from Tawk.to: Tawk.to ltd, Old Town, Riga.

Via a script the chat is integrated in the source code on our website. By using the chat, you automatically use the services of Tawk.to.

The data collected includes: Chat history, IP address at the time of the chat and country of origin. This data is not shared with third parties and is used only for protection and internal statistics. The data is not used to identify you personally. They are not stored and are deleted after the chat.

The purpose and scope of the data collection and the further processing and use of the data by Tawk.to as well as your rights in this regard and setting options for protecting your privacy can be found in the privacy policy of Tawk.to.

App Xtramail

At Xtramail, we respect the privacy of our users and are committed to protecting their personal data. This privacy policy explains how we handle user data.

Data collection and use

No data collectionXtramail does not collect any personal data from our users. This means that we do not collect any information that directly or indirectly identifies you.

Sharing data

No transferXtramail does not share user data with third party companies or organizations. Your data remains private and is not used for commercial or marketing purposes.

Security

Your data is extremely important to us, which is why we take extensive technical and organizational security precautions to protect the personal data we store against accidental or intentional manipulation, loss or destruction, and against unauthorized access.

We continuously review and improve our security measures to ensure that they keep pace with the latest technological developments.

To protect your data during transmission, we use transport encryption (SSL/TLS) as the basis for access to our website.

Amendment of this privacy policy

For legal and/or organizational reasons, changes or adjustments to this privacy policy may be necessary from time to time. The current version of our data protection declaration is always valid.

CH-7302 Landquart September 2023

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