Purpose of this document

In the context of the use of our website, personal data of you will be processed by us as the person responsible for data processing and stored for the time necessary to fulfil the defined purposes and legal obligations. In the following we will inform you about what data is involved, how it is processed and what rights you have in this respect.

According to Art. 4 No. 1 of the Basic Data Protection Regulation (DSGVO), personal data are all information relating to an identified or identifiable natural person.

1 contact details

the name and contact details of the controller and the company data protection officer. This data protection information applies to data processing on the website www.linkyard.ch and www.linkyard.cloud by the data controller:

linkyard ltd.
Junkerngasse 39,
3011 Bern, Switzerland

(hereinafter "linkyard") e-mail: info@linkyard.ch

Phone: +41 31 508 7620

The linkyard data protection officer can be contacted at the above address, at the data protection department or at support@linkyard.ch

2 Collection and storage of personal data

Collection and storage of personal data as well as type and purpose and their use.

2.1 When visiting the website

You can access the website www.linkyard.ch without having to disclose any information about your identity. The browser used on your terminal device only automatically sends information to the server of our website (e.g. date and time of access, name and URL of the file accessed, browser type and version, website from which access is made (referrer URL)).

This also includes the IP address of your requesting end device. This is temporarily stored in a so-called log file and automatically deleted after 2 weeks:

The IP address is processed for technical and administrative purposes of connection establishment and stability, to ensure the security and functionality of our website and to be able to pursue any illegal attacks on it if necessary.

The legal basis for the processing of the IP address is Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest follows from the aforementioned security interest and the necessity of a trouble-free provision of our website.

We cannot draw any direct conclusions about your identity from the processing of the IP address in the log file.

In addition, we use cookies and pixel tags as well as analysis services when you visit our website. You can find more detailed explanations on this under sections 4 and 5 of this data protection declaration.

2.2 For contact request

You can contact us at any time about the products and services we offer by phone, email or chatbot using the contact details provided on our website. For the operation of the chatbot on our website, we use the services of Continually Ltd.

If personal data is collected when you contact us, we use this information to answer your enquiry and to provide you with an offer tailored to your needs.

Data processing is carried out in response to your request and is necessary for the aforementioned purposes for the fulfilment of the contract and pre-contractual measures in accordance with Art. 6 (1) sentence 1 lit. b GDPR . In addition, the data processing within the scope of the request for a test access is based on our legitimate interests pursuant to Art. 6 para. 1 p. 1lit. f GDPR . These also result from the aforementioned purposes.

Your personal data collected by us for the offer enquiry will be stored for a period of 10 years within the framework of our statutory retention periods and then deleted.

2.3 When applying for a vacancy

In the "Jobs" section, you have the option of applying for open positions or sending us an unsolicited application.

We need your application documents to determine who the application is from and to be able to answer and process it.

Data processing is carried out upon your request and only insofar as it is necessary in the context of responding to the application and establishing the employment relationship pursuant to Art. 88 para. 1 GDPR in conjunction with. § 26 para. 1 BDSG n.F., to carry out pre-contractual measures pursuant to Art. 6 para. 1 p. 1 lit. b GDPR or to protect our legitimate interests pursuant to Art. 6 para. 1 p. 1 lit. f GDPR .

Applications that are not considered will be deleted after 6 months at the latest, unless you have consented to a longer retention period in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR .

2.4 When logging in for status messages

Under the subdomain status.linkyard.ch, we regularly publish reports on problems currently occurring with us in order to keep our customers informed at all times. This concerns, for example, failed services or limitations in performance.

You have the option of subscribing to the messages as an e-mail message or text message to a mobile phone. To do this, you must provide either an e-mail address or a mobile phone number and then register for the messaging service. By doing so, you consent to the receipt of corresponding messages and the use of the specified e-mail address or mobile phone number for this purpose in accordance with Art. 6 para. 1 p. 1 lit. a GDPR .

You can revoke your consent at any time with effect for the future. To do so, please use the unsubscribe link contained in the email messages or send us an email support@linkyard.ch.

After unsubscribing from email or SMS notifications, your data will be automatically deleted and you will not receive any further messages.

2.5 When using our service desk

Under the subdomain servicedesk.linkyard.ch we accept fault reports and enquiries. This requires prior registration by entering your own valid e-mail address. A registration link is then sent to the e-mail address entered, which can be used to complete the registration after entering a name and choosing a password. The data provided will be stored in a user profile.

Via the user profile, we can assign your messages to you and also process them accordingly at a later time and, if necessary, you and we can track the processing of your messages and enquiries. In addition, we use the e-mail address for any necessary contact with you, for example in the event of queries. In addition, you will automatically receive e-mail notifications on the processing status of your report/enquiry.

Requests may be subject to a charge. If you do not yet have a support contract with linkyard, we will point this out to you before answering the enquiry and make you an appropriate offer.

Data processing is carried out in response to your request and is necessary for the aforementioned purposes for the fulfilment of the contract for the use of the service desk and pre-contractual measures for this in accordance with Art. 6 (1) p. 1 lit. b GDPR . In addition, data processing in the context of generating a user profile is based on our legitimate interests pursuant to Art. 6 (1) sentence 1 lit. f GDPR in order to process and support you and your requests in the best possible way.

We use the services of Atlassian to provide the Service Desk. In this context, Atlassian processes personal data on our behalf that is generated when using the service. We have concluded an order processing contract with Atlassian. Through this contract, the service provider assures that it processes the data in accordance with the General Data Protection Regulation and ensures the protection of the rights of the data subject.

Your personal data collected by us for the enquiry and its processing will be stored for a period of up to 10 years within the framework of our statutory retention periods and then deleted. Your user profile will remain until you request its deletion and will then be deleted after 3 years at the end of the year. Use of the service desk is then only possible after renewed registration.

3 Disclosure of data

3.1 Web Hosting

We use the web hosting service Webflow, Inc., (39811th Street, 2nd Floor, San Francisco, CA 94103, hereinafter referred to as "Webflow") to provide this website.

The provision of a website requires the commissioning of a web hosting service. The use of Webflow takes place in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR due to our legitimate economic interest in making our offer available on this website. In connection with the hosting, Webflow processes personal data on our behalf, which is collected when using the website.

When using Webflow's services, it cannot be ruled out that personal data will be transferred to a Webflow server in the USA and stored there. Webflow observes the data protection provisions of the EU-US Privacy Shield and the Swiss-US Privacy Shield.

3.2 Further

In addition, the disclosure of personal data may only be considered if

• you have given your express consent to this in accordance with Art. 6 para. 1 p. 1 lit. a GDPR ;
• this is necessary in accordance with Art. 6 para. 1 p. 1 lit. b GDPR for the fulfilment of a contract with you or pre-contractual measures (for example, in the case of forwarding to software manufacturers for the purpose of resolving licences or in the case of forwarding payment data to payment service providers or credit institutions in order to carry out a payment transaction);
• there is a legal obligation for the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR .

The data disclosed may only be used by the recipients for the purposes stated.

4 Cookies and pixel tags

We use cookies on our site. These are small files that are automatically created by your browser and stored on your end device (laptop, tablet, smartphone or similar) when you visit our site. Cookies do not cause any damage to your end device and do not contain any viruses, Trojans or other malware.

Information is stored in the cookie that arises in connection with the specific end device used. However, this does not mean that we gain direct knowledge of your identity.

We use pixel tags (also called tracking pixels) as part of our online offer. Pixels are small graphics that are integrated via the HTML code of our site. The pixel tag itself does not store or change any information on your end device, so pixels do not cause any damage to your end device and do not contain any viruses, Trojans or other malware.

The pixels send your IP address, the referrer URL of the visited website, the time at which the pixel was viewed, the browser used, and previously set cookie information to a web server. This enables us to carry out reach measurements and other statistical evaluations, which serve to optimise our offer.

The use of cookies serves, on the one hand, to make the use of our offer more pleasant for you. We use so-called session cookies to recognise that you have already visited individual pages of our website.

In addition, we also use temporary cookies to optimise user-friendliness, which are stored on your end device for a certain fixed period of time. If you visit our site again to use our services, it is automatically recognised that you have already been with us and which entries and settings you have made so that you do not have to enter them again.

On the other hand, we use cookies to statistically record the use of our website and to evaluate it for the purpose of optimising our offer for you (see section 5). These cookies enable us to automatically recognise that you have already been to our website when you visit it again. These cookies are automatically deleted after a defined period of time.

The data processed by cookies is necessary for the aforementioned purposes to protect our legitimate interests and those of third parties in accordance with Art. 6 (1) sentence 1 lit. f GDPR .

Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a notice always appears before a new cookie is created. However, the complete deactivation of cookies may mean that you cannot use all the functions of our website. You can prevent the use of pixels on our pages by using appropriate tools or browser add-ons (e.g. the "AdBlock" add-on for the Firefox browser).

You can find further opt-out options in the following information about the tools we use.

‍

4.1 Facebook Pixel

Furthermore, on our website we use the so-called "Facebook Pixel" of Facebook Inc. (Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA). This enables interest-based advertisements ("Facebook ads") to be displayed to users of our website when they visit the social network Facebook or other websites that also use this method. Through the Facebook pixel, your browser automatically establishes a direct connection with the Facebook server. We have no influence on the scope and further use of the data collected by Facebook through the use of this tool and therefore inform you according to our state of knowledge: Through the integration of the Facebook pixel, Facebook receives the information that you have clicked on an advertisement from us or have called up the corresponding website of our internet presence. If you are registered with a Facebook service, Facebook can assign the visit to your account. Even if you are not registered with Facebook or have not logged in, it is possible that the provider will learn and store your IP address and other identifying features.

With the use of the Facebook pixel, we pursue the purpose of only displaying Facebook ads placed by us to those Facebook users who have also shown an interest in our internet offer. With the help of the Facebook pixel, we want to ensure that our Facebook ads correspond to the potential interest of the users and do not have a harassing effect. Furthermore, with the help of the Facebook pixel, we can track the effectiveness of Facebook ads for statistical purposes by seeing whether users were redirected to our website after clicking on a Facebook ad. The legal basis for the use of the Facebook Pixel is Article 6 (1) f GDPR.

You can object to the collection by the Facebook pixel and use of your data to display Facebook ads. To adjust which types of ads are displayed to you within Facebook, you can visit the page set up by Facebook and follow the instructions there on the settings for usage-based advertising: https://www.facebook.com/help/2207256696182627?helpref=faq_content.
You can also opt out of the use of cookies for reach measurement and advertising purposes by visiting the Network Advertising Initiative opt-out page(http://optout.networkadvertising.org/) and additionally the US website(http://www.aboutads.info/choices) or the European website(http://www.youronlinechoices.com/uk/your-ad-choices/).

‍

5 Web analysis

The tracking and targeting measures listed below and used by us are carried out on the basis of Art. 6 para. 1 p. 1 lit. f GDPR .

With the tracking measures used, we want to ensure a needs-based design and the ongoing optimisation of our website. On the other hand, we use the tracking measures to statistically record the use of our website and to evaluate it for the purpose of optimising our offer for you.

By means of the targeting measures used, we want to ensure that you are only shown advertising on your end devices that is oriented towards your actual or supposed interests.

These interests are to be considered legitimate within the meaning of the above provision.

The respective data processing purposes and data categories can be found in the corresponding tracking and targeting tools.

5.1 Google Marketing Platform

We use the Google Marketing Platform (DoubleClick products, Google Data Studio ,Google Analytics and Google Tag Manager) on our website, a web analytics and advertising service provided by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter "Google"). The service combines the Google products DoubleClick Digital Marketing, Google Data Studio, Google Tag Manager and Google Analytics. In this context, pseudonymised usage profiles are created and cookies are used (see section 4). The information generated by the cookie about your use of this website such as

• Browser type/version,
• Operating system used,
• Referrer URL (the previously visited page),
• Host name of the accessing computer (IP address),
• Time of the server request,

are transferred to a Google server in the USA and stored there. Google is subject to the EU-US Privacy Shield, so that an appropriate data level is guaranteed. In addition, we have concluded an order processing contract with Google for the use of Google Analytics. Through this contract, Google ensures that they process the data in accordance with the General Data Protection Regulation and guarantee the protection of the rights of the data subject.

Within the framework of the Google Marketing Platform, information is used to evaluate the use of the website, to compile reports on website activities and to provide other services associated with website and internet use for the purposes of market research and demand-oriented design of these Internet pages.

DoubleClick Digital Marketing collects and analyses information in order to optimise advertising. The technologies used enable us to target you with individually interest-based advertising. For example, we record which of our contents you were interested in. Based on this information, we can also show you offers on third-party sites that are specifically geared to your interests, as determined by your previous user behaviour. The collection and evaluation of your user behaviour is exclusively pseudonymous and does not enable us to identify you.

This information may also be transferred to third parties if this is required by law or if third parties process this data on behalf of Google. Under no circumstances will your IP address be merged with other Google data. The IP addresses are anonymised so that an assignment is not possible (IP masking).

You may refuse the use of cookies by selecting the appropriate settings on your browser. However, we would like to point out that in this case not all functions of this website can be used to their full extent.

You can also prevent the collection of data generated by the Google Marketing Platform and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on[1]. As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent the collection by the Google Marketing Platform by clicking on this link. Your opt-out cookie will be set, which prevents the future collection of your data when visiting this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.

You can also makesettings for the display of interest-based advertising by DoubleClick Digital Marketing via Google's ad settings manager.

Further information on data protection in connection with the Google Marketing Platform can be found here.

5.2 Google Ads Conversation Tracking

In order to statistically record the use of our website and to evaluate it for the purpose of optimising our offer for you, we also use Google Conversion Tracking. Google Ads sets a cookie (see section 4) on your computer if you have accessed our website via a Google ad. Google is subject to the EU-US Privacy Shield, so that an appropriate data level is guaranteed.

These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of the Adwords client's website and the cookie has not yet expired, Google and the client can recognise that the user clicked on the ad and was redirected to this page.

The information generated by the cookie about your use of this website will be transmitted to and stored by Google on servers in the United States. Google observes the data protection provisions of the "US Privacy Shield" and is registered with the "US Privacy Shield" programme of the US Department of Commerce. In addition, we have concluded an order processing contract with Google for the use of Google Ads. Through this contract, Google assures that they process the data in accordance with the General Data Protection Regulation and ensure the protection of the rights of the data subject.

Each Ads client receives a different cookie. Cookies can therefore not be tracked across Ads clients' websites. The information collected using the conversion cookie is used to create conversion statistics for Ads clients who have opted in to conversion tracking. We learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, you will not receive any information that personally identifies users.

If you do not wish to participate in the tracking procedure, you can also refuse the setting of a cookie required for this - for example, via a browser setting that generally deactivates the automatic setting of cookies. You can also deactivate cookies for conversion tracking by setting your browser so that cookies from the domain "www.googleadservices.com" are blocked. Google's privacy policy on conversion tracking can be found here.

5.3 LinkedIn Analytics and LinkedIn Ads

We use the conversion tracking technology and the retargeting function of LinkedIn Corporation (Sunnyvale, California, USA) on our website. With the help of this technology, visitors to this website can be served personalised advertisements on LinkedIn. Furthermore, the possibility arises to create anonymous reports on the performance of the advertisements as well as information on website interaction. For this purpose, the LinkedIn Insight tag is embedded on this website, which establishes a connection to the LinkedIn server if you visit this website and are logged into your LinkedIn account at the same time. Further information on data collection and data use, as well as the options and rights to protect your privacy, can be found in LinkedIn's privacy policy. You can deactivate data collection at any time at https://www.linkedin.com/psettings/advertising/actions-that-showed-interest.

5.4 Snitcher

We use "Snitcher" from the company Snitcher B.V. (Lage Naarderweg 73A, 1223 GN Hilversum, The Netherlands, hereinafter Snitcher) on our website. Snitcher uses data collected by the Google Marketing Platform (see above, 5.1). This data is used to evaluate what has been viewed on our website and how the visitor came to our website.

6 Email marketing

During the process of subscribing to our newsletter, your e-mail address as well as your first name will be stored by us. We use this data exclusively for the purpose of sending the newsletter. For this purpose, we use the SendGrid service (Denver, Colorado, USA). SendGrid is a subsidiary organisation of Twilio (San Francisco, California, USA). Due to the use of SendGrid's services, the possibility of personal data being transferred to a SendGrid server in the USA cannot be excluded. The storage of personal data in servers mentioned is also within the realm of possibility and can therefore not be excluded with certainty. Twilio complies with the data protection standards as defined by the GDPR of the EU and observes the data protection provisions of the EU-US Privacy Shield as well as the swiss-US Privacy Shield.

7 Data subject rights

You have the right:

• in accordance with Art. 7 (3) GDPR to revoke your consent at any time. This has the consequence that we may no longer continue the data processing based on this consent for the future;
• in accordance with Art. 15 GDPR to request information about your personal data processed by us. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about its details;
• in accordance with Art. 16 GDPR to immediately demand the correction of incorrect or completion of your personal data stored by us;
• pursuant to Art. 17 GDPR to request the erasure of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims;
• to request the restriction of the processing of your personal data in accordance with Art. 18 GDPR , insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its deletion and we no longer require the data, but you need it for the assertion, exercise or defence of legal claims or you have objected to the processing in accordance with Art. 21 GDPR ;
• in accordance with Art. 20 GDPR to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller; and
• to complain to a supervisory authority in accordance with Art. 77 GDPR . As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters.

8 Information on the right to object (Art. 21 GDPR)

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Art. 6 para. 1 sentence 1 lit. f GDPR (data processing on the basis of a balance of interests); this also applies to profiling based on this provision of Art. 4 No. 4 GDPR.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If you object to the processing of data for the purpose of direct marketing, we will immediately stop the processing. In this case, it is not necessary to specify a particular situation. This also applies to profiling, insofar as it is connected with such direct advertising.

If you wish to exercise your right to object, simply send an e-mail to support@linkyard.ch.

9 Data security

All data transmitted by you personally is encrypted using the generally accepted and secure standard TLS (Transport Layer Security). TLS is a secure and proven standard that is also used, for example, for online banking. You can recognise a secure TLS connection by the s appended to the http (i.e. https://..) in the address bar of your browser or by the lock symbol in the lower area of your browser.

We also use appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties. Our security measures are continuously improved in line with technological developments.

10 Data protection representation

Supervisory authorities and data subjects shall contact us directly for inquiries in connection with the General Data Protection Regulation. Stefan Haller will be happy to assist you with information and inquiries.

As a secondary point of contact, we have the following data protection representation pursuant to Art. 27 GDPR in the European Economic Area (EEA) including the European Union (EU) and the Principality of Liechtenstein:

VGS Datenschutzpartner UG
Am Kaiserkai 69
20457 Hamburg
Germany

11 Up-to-dateness and amendment of this privacy policy

This privacy policy is currently valid and has the status April 2021.

Due to the further development of the website or due to changed legal or official requirements, it may become necessary to change this data protection declaration.

[1]https://tools.google.com/dlpage/gaoptout?hl=de