As a courtesy to the reader, this privacy policy has been machine-translated into English using DeepL.
The German version remains the binding privacy policy.

With this Privacy Policy we inform which personal data we process in connection with our www.trakked.io website and our other offers. In particular, we inform which personal data we process for what, how and where. We also inform with this privacy policy about the rights of persons whose data we process.

For individual or additional offers and services, special, supplementary or further data protection declarations as well as other legal documents such as general terms and conditions (GTC), terms of use or conditions of participation may apply.

Our offer is subject to Swiss data protection law and any applicable foreign data protection law such as, in particular, that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognizes that Swiss data protection law ensures adequate data protection.

1. Contact addresses

Responsibility for the processing of personal data:

Yanick Witschi
terminal42 gmbh
Marktplatz 9A
3250 Lyss

We point out if there are other data controllers for the processing of personal data in individual cases.

We have a data protection representative in the EU as an additional point of contact for supervisory authorities and data subjects in accordance with Art. 27 GDPR:

Christian Feneberg
Hochstraß 2
87437 Kempten
Deutschland

2. Processing of personal data

2.1 Terms

Personal data is any information that relates to an identified or identifiable individual. A person concerned is a person about whom personal data are processed. Processing includes any handling of personal data, independent of the means and procedures used, in particular the storage, disclosure, acquisition, collection, deletion, storage, modification, destruction and use of personal data.

The European Economic Area (EEA) comprises the European Union (EU) and the Principality of Liechtenstein, Iceland and Norway. The General Data Protection Regulation (GDPR) refers to the processing of personal data as the processing of personal data.

We process personal data in accordance with Swiss data protection law such as, in particular, the Federal Data Protection Act (DPA) and the Ordinance to the Federal Data Protection Act (FADP).

We process - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - personal data in accordance with at least one of the following legal bases:

  • Art. 6 para. 1 lit. b GDPR for the necessary processing of personal data for the performance of a contract with the data subject as well as for the implementation of pre-contractual measures.
  • Art. 6 para. 1 lit. f GDPR for the necessary processing of personal data to protect the legitimate interests of us or of third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests are in particular our interest in being able to provide our offer permanently, user-friendly, secure and reliable, as well as to be able to advertise for it if necessary, information security as well as protection against misuse and unauthorized use, the enforcement of our own legal claims and compliance with Swiss law.
  • Art. 6 para. 1 lit. c GDPR for the necessary processing of personal data to comply with a legal obligation to which we are subject under any applicable law of Member States in the European Economic Area (EEA)
  • Art. 6 para. 1 lit. e GDPR for the necessary processing of personal data for the performance of a task carried out in the public interest.
  • Art. 6 para 1 lit. a GDPR for the processing of personal data with the consent of the data subject.
  • Art. 6 para 1 lit. d GDPR for the necessary processing of personal data to protect vital interests of the data subject or another natural person.

2.3 Type, scope and purpose

We process those personal data that are required to provide our offer permanently, user-friendly, secure and reliable. Such personal data can fall in particular into the categories of inventory and contact data, browser and device data, content data, meta or edge data and usage data, location data, sales, contract and payment data.

We process personal data for the period that is required for the respective purpose(s) or by law. Personal data whose processing is no longer required will be anonymized or deleted. Persons whose data we process have in principle a right to deletion.

We process personal data in principle only after obtaining the consent of the data subject, unless the processing is permitted for other legal reasons, such as for the performance of a contract with the data subject and for corresponding pre-contractual measures, to safeguard our overriding legitimate interests, because the processing is evident from the circumstances, or after prior information.

In this context, we process in particular information that a data subject provides to us voluntarily and himself when contacting us - for example, by mail, e-mail, contact form, social media or telephone - or when registering for a user account. We may store such information, for example, in an address book or with comparable tools. If you transmit personal data to us via third parties, you are obliged to ensure data protection vis-à-vis such third parties as well as to ensure the accuracy of such personal data.

We also process personal data that we receive from third parties, obtain from publicly available sources or collect in the course of providing our services, if and to the extent that such processing is permitted for legal reasons.

2.4 Processing of personal data by third parties, including abroad

We may have personal data processed by commissioned third parties or process it jointly with third parties as well as with the help of third parties or transmit it to third parties. Such third parties are in particular providers whose services we use. We also ensure appropriate data protection for such third parties.

Such third parties are in principle located in Switzerland as well as in the European Economic Area (EEA). Such third parties may also be located in other states and territories on Earth as well as elsewhere in the universe, provided that their data protection laws are in accordance with assessment of the Federal Data Protection and Information Commissioner (FDPIC) and - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - according to assessment of the European Commission an adequate level of data protection is ensured, or if adequate data protection is ensured for other reasons, such as by a corresponding contractual agreement, in particular on the basis of standard contractual clauses, or by a corresponding certification. Exceptionally, such a third party may be located in a country without adequate data protection, provided that the data protection requirements for this, such as the express consent of the data subject, are met.

3. rights of data subjects

Data subjects whose personal data we process have rights under Swiss data protection law. These include the right to information as well as the right to rectification, deletion or blocking of the personal data processed.

Data subjects whose personal data we process may - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - obtain free of charge confirmation as to whether we are processing their personal data and, if so, request information about the processing of their personal data, have the processing of their personal data restricted, exercise their right to data portability, and have their personal data corrected, deleted ("right to be forgotten"), blocked, or completed.

Data subjects whose personal data we process may - if and insofar as the GDPR applies - revoke any consent they have given at any time with future effect and object to the processing of their personal data at any time.

Data subjects whose personal data we process have a right of appeal to a competent supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

4. Data security

We take appropriate and suitable technical and organizational measures to ensure data protection and, in particular, data security. However, despite such measures, the processing of personal data on the Internet can always have security gaps. We can therefore not guarantee absolute data security.

The access to our online offer takes place by means of transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers mark transport encryption with a padlock in the address bar.

Access to our online offering is subject - as is basically any Internet use - to mass surveillance without cause and without suspicion, as well as other monitoring by security authorities in Switzerland, the European Union (EU), the United States of America (USA) and other countries. We cannot directly influence the corresponding processing of personal data by intelligence services, police agencies and other security authorities.

5. Use of the website

5.1 Cookies

We may use cookies for our website. Cookies - our own cookies (first-party cookies) as well as cookies from third parties whose services we use (third-party cookies or third-party cookies) - are data that are stored in your browser. Such stored data need not be limited to traditional cookies in text form. Cookies cannot run programs or transmit malware such as Trojans and viruses.

Cookies may be stored in your browser temporarily as "session cookies" when you visit our website or for a certain period of time as so-called permanent cookies. "Session cookies" are automatically deleted when you close your browser. Permanent cookies have a specific storage period. In particular, they allow us to recognize your browser the next time you visit our website and thus, for example, to measure the reach of our website. However, permanent cookies can also be used for online marketing, for example.

You can disable cookies in your browser settings at any time in whole or in part, as well as delete them. Without cookies, our website may no longer be fully available. We actively request - if and where necessary - your express consent for the use of cookies.

For cookies used for performance and reach measurement or for advertising, a general objection ("opt-out") is possible for numerous services via the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

5.2 Server logfiles

We may collect the following information for each access to our website, provided that this information is transmitted by your browser to our server infrastructure or can be determined by our web server: Date and time including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including amount of data transferred, website last accessed in the same browser window (referer or referrer).

We store such information as follows.

We store such information, which may also constitute personal data, in server log files. The information is necessary to provide our online offer permanently, user-friendly and reliable, as well as to ensure data security and thus in particular the protection of personal data - also by third parties or with the help of third parties.

5.3 Tracking pixels

We may use tracking pixels on our website. Tracking pixels are also referred to as web beacons. Tracking pixels - including those from third parties whose services we use - are small, usually invisible images that are automatically retrieved when you visit our website. Counting pixels can be used to collect the same information as in server log files.

6. Notifications and communications

We send notifications and communications such as newsletters by email and through other communication channels such as instant messaging.

6.1 Success and reach measurement

Notifications and communications may contain web links or tracking pixels that record whether an individual communication has been opened and which web links have been clicked. Such web links and tracking pixels may also track usage of notifications and communications on a personal basis. We need this statistical tracking of usage for performance and reach measurement in order to provide notifications and communications based on the needs and reading habits of recipients in an effective and user-friendly manner, as well as in a durable, secure and reliable manner.

You must basically expressly consent to the use of your e-mail address and other contact addresses, unless the use is permitted for other legal reasons. For any consent to receive e-mails, we use the "double opt-in" procedure whenever possible, which means that you will receive an e-mail with a web link that you must click to confirm, so that no misuse by unauthorized third parties can occur. We may log such consents including Internet Protocol (IP) address, date and time for evidence and security reasons.

You can basically unsubscribe from notifications and communications such as newsletters at any time. By unsubscribing, you can in particular object to the statistical recording of usage for performance and reach measurement. Notifications and communications that are absolutely necessary for our offer remain reserved.

6.3 Service providers for notifications and communications

We send notifications and communications via third-party services or with the help of service providers. Cookies may also be used in the process.

We use in particular:

7. Social Media

We are present on social media platforms and other online platforms in order to communicate with interested persons and to provide information about our offer. In doing so, personal data may also be processed outside of Switzerland and the European Economic Area (EEA)

The General Terms and Conditions (GTC) and Terms of Use as well as data protection declarations and other provisions of the individual operators of such online platforms also apply in each case. These provisions inform in particular about the rights of data subjects, which include in particular the right to information.

8. Third-party services

We use third-party services in order to provide our offer in a durable, user-friendly, secure and reliable manner. Such services may also be used to embed content on our website. Such services - for example, hosting and storage services, video services and payment services - require your Internet Protocol (IP) address, as such services cannot otherwise transmit the corresponding content.

For their own security, statistical, and technical purposes, third parties whose services we use may also process aggregated, anonymized, or pseudonymized data related to our service as well as from other sources - including cookies, log files, and tracking pixels.

We use:

Website www.trakked.io
Application app.trakked.io

cyon: Hosting;
Provider: cyon GmbH (Switzerland);

Data protection information: "Data protection", "Privacy policy".

We use cyon as hosting provider for the operation of both our website and application including databases.

Mailchimp: communication platform;
Provider: The Rocket Science Group LLC d/b/a Mailchimp (USA)
as Subsidiary of Intuit Inc. (USA);

Data protection information: Data privacy policy (Intuit) including "Country and Region-Specific Terms", "Cookie Policy", "Privacy Rights Requests", "Mailchimp and European data transfers", "Security".

We use MailChimp for sending newsletters but also for transactional emails such as invitations, reminders, monitoring information and more.

Paddle: Payment provider;
Provider: paddle.com Market Limited (England);

Data protection information: "Privacy & Security Center", "Privacy Policy".

We use Paddle as a payment processor.

Pusher: Real-time updates user interface;
Provider: Pusher Limited (England);

Data protection information: "Privacy & Security Center".

We use Pusher to inform our users about updates in real time (websockets). When connecting to Pusher, IP, cookies etc. of the logged in user are transferred to Pusher. Installation data, however, is not affected, since only IDs are exchanged.

Sentry: Error monitoring;
Provider: Functional Software Inc. (USA);

Data protection information: "Data Processing Addendum", "Privacy Policy", "Terms of Use".

We use Sentry to analyze issues and monitor system stability.

UptimeRobot: Monitoring;
Provider: Uptime Robot Service Provider Ltd (Malta);

Data protection information: "Privacy Policy", "Terms of Use".

We use UptimeRobot to provide our service with monitoring technology and notify customers of outages of affected installations. There is no direct connection, so the IP, cookies, etc. of our users are not affected. UptimeRobot only knows about the domain and the search text.

YouTube: Videos;
Provider: Google (among others in the USA);

Data protection information: "Privacy and Security Center", "My Data on YouTube".

We use YouTube for the simplified integration of video content in which we present new features or tutorials. However, the retrieval is optional and only occurs after explicit consent.

9. performance and reach measurement

We use services and programs to determine how our online offering is used. In this context, we can, for example, measure the success and reach of our online offering and the effect of third-party links to our website. However, we can also, for example, test and compare how different versions of our online offering or parts of our online offering are used ("A/B test" method). Based on the results of the performance and reach measurement, we can in particular correct errors, strengthen particularly popular content or make improvements to our online offering.

When using services and programs for performance and reach measurement, the Internet Protocol (IP) addresses of individual users must be stored. IP addresses are basically shortened in order to follow the principle of data economy through the corresponding pseudonymization, as well as to improve the data protection of visitors to our website ("IP masking").

When using services and programs for performance and reach measurement, cookies may be used and user profiles may be created. User profiles include, for example, the pages visited or content viewed on our website, information about the size of the screen or browser window and the - at least approximate - location. In principle, user profiles are created exclusively in pseudonymous form. We do not use user profiles to identify individual visitors to our website. Individual services with which you are registered as a user can, if necessary, assign the use of our online offer to your profile with the respective service, although you usually had to give your consent to this assignment in advance.

We use in particular:

  • Matomo: performance and reach measurement; provider: Matomo (free open source software); privacy information: used on our own server infrastructure as well as with pseudonymized Internet Protocol (IP) addresses, "List of all Matomo Features".

10. Final provisions

We have created this privacy policy using the Privacy Policy Generator from Datenschutzpartner.

We have adapted or supplemented some of the provisions in this privacy policy ourselves.

We may adapt and supplement this privacy policy at any time. We will inform about such adaptations and supplements in an appropriate form, in particular by publishing the respective current data protection statement on our website.