Privacy Policy

for the website and the clients of Ornitag AG

With this Privacy Policy, we, Ornitag AG with registered office in Küsnacht CH, describe how we process your personal data when you use our website, obtain our services, apply for a job with us or otherwise deal with us under a contract or communicate with us.

If you transmit or disclose data to us about other persons such as family members, employees, work colleagues, etc., we assume that you are authorized to do so and that this data is correct and that we may process it as described here. By transmitting data about third parties, you confirm this. Please also ensure that these third parties have been informed about this Privacy Policy.

The protection of your privacy is an important matter to us. Of course, we only process your data as permitted by the Swiss Data Protection Act

1. Who is responsible for processing your personal data?

Ornitag AG, Obere Wiltisgasse 52, 8700 Küsnacht (CH), CHE-111.703.715, is responsible for and the controller concerning the data processing described in this Privacy Policy, unless otherwise communicated in individual cases.

If you have questions about our handling of personal data or other data protection concerns, we can be reached at the following address:

Ornitag AG
Obere Wiltisgasse 52
8700 Küsnacht
E-Mail: datenschutz@ornitag.com

2. What personal data do we process and for what purposes?

In particular, we process the following categories of personal data about you for the purposes specified in each case:

  • For the purposes of performing agreements and managing relationships with clients and suppliers, and complying with other contractual obligations, such as, in particular, bookkeeping and payroll accounting as processors, preparing tax declarations for our clients and other services and to respond to your inquiries, we process in particular (a) client data and data for the administration of the agreements entered with us, such as first and last name as well as contact details of the contact persons, address, nationality, date of birth, occupation, AHV number, social security details, copies of identification documents, marital status, religious denomination, education, salary data, details of family members and other third parties (e.g. emergency contact), position and title, related company/job, industry, any cross-connections (e.g. shareholders or related persons) and further background information from publicly accessible sources (e.g. commercial register, debt collection register), content of your inquiry and the mandate, credit check/credit report; (b) data relating to the agreement/mandate, in particular communication with clients, authorities and third parties, consulting documentation, information disclosed to us by or on behalf of clients, authorities and other parties involved in the course of our services or which we prepare in the course of our services, including in particular personal data based on payrolls prepared on behalf of clients and other documents prepared in the course of payroll processing, the servicing of domiciliary companies or the keeping of accounts; and (c) service and billing data, such as information about the services provided and billed, billing data, proof of services, invoices, payments, payment information, payment details, bank details; (d) communication data: if you are in contact with us via the contact form on our website, by e-mail, telephone or chat, by letter or other means of communication, we collect the data exchanged between you and us, including your contact details and the metadata of the communication.
  • We also process the aforementioned data for the following purposes: (a) maintaining contact, communication and marketing, communication with our clients and interested parties, information about our offers and other marketing activities for client retention or new client acquisition, including the sending of newsletters (can be rejected at any time by the recipient) as well as to communicate with our clients, answer inquiries and send them information about our activities and invitations to events, courses, conferences or lectures.
  • For the purposes of contract management, management of relationships with suppliers and compliance with contractual obligations, we process in particular data of our suppliers, such as contact data, such as in particular first and last names and contact details of contact persons, data on contracts and deliveries, information on the services provided and invoiced, invoice data, proof of performance, invoices, payments, payment information, bank details.
  • If you apply or work for us, we process information related to our personnel (including applications), such as name, address, contact details, nationality, date of birth, AHV number, social security details, professional qualifications, references, marital status and details of family members and other third parties (e.g. emergency contact, children for family allowances, etc.), salary data, employment level, nationality, performance records, time records, financial information, bank details, employee assessments, date of employment and holidays, function, application data, health data (illnesses, sickness benefits, doctor’s notes, accident reports, etc.), access rights IT and other data received from you insofar as they relate to suitability for open positions or concern the performance of the employment contract. If you have applied and the application does not lead to an employment relationship, the application documents will be deleted no later than six months after completion of the application process, unless you have consented to longer storage or the deletion does conflict with any overriding interests of ours.
  • When you access our web pages we process the access data: Information related to your visit to our website, log files, date and time at the time of access, URL, amount of data sent in bytes, source/reference from which you reached the page, browser used, operating system used, IP address used, to enable the use of the website (connection establishment), to ensure system security and stability, for the optimization of the Internet offer and for internal statistical purposes. In particular, the IP address is used to record your country of residence and to make the appropriate settings (e.g. language). The IP address is also collected in order to be able to react appropriately to attacks on our network infrastructure. In this case, the website operator reserves the right to check the server log files retrospectively should specific indications point to illegal use.
  • also for compliance purposes, if applicable, such as for compliance with legal obligations and official orders, incl. communication with authorities and courts, as well as for enforcement and defense of legal claims.
  • We may process your data for other purposes, e.g. as part of our internal processes and administration or for training and quality assurance purposes.

In certain cases, we do not process some of the above-mentioned data ourselves as a data controller, but as a data processor of other data controllers (e.g. in the context of payroll processing for clients). In these cases, this Privacy Policy is purely for transparency purposes and any information provided by the controller takes precedence.

3. To whom do we disclose your personal data?

We disclose personal data to the following recipients for the purposes described in this Privacy Policy and to the extent necessary and permissible:

  • Service providers we engage to provide services to us (e.g. hosting and supporting our website or operating our IT systems), in particular to IT service providers and other vendors that provide IT applications (e.g. collaboration platforms) or provide support and other services on our behalf for the purposes set forth in this Privacy Policy. In order to provide their services, these service providers may have access to personal data and may receive, store or otherwise process it on our behalf. However, our contracts with these service providers do not permit them to use the personal data for their own purposes. These recipients may only use the personal data processed on our behalf for the same processing purposes as set forth in this Privacy Policy. In accordance with applicable legal requirements, we require these third parties to take measures to adequately protect this personal data and to process it only in accordance with our instructions.
  • Authorities, agencies, social security companies and third parties if this is necessary to achieve the purposes described in this Privacy Policy, if we are legally obliged or entitled to disclose information, if this is necessary to enforce or defend against legal claims or if you have given your consent to do so.
  • external consultants, domestic and foreign correspondence attorneys, experts and other external auxiliary persons.
  • Banks, financial institutions, pledgees.
  • Auditors, insurance experts, reinsurance companies.

4. Does your personal data end up abroad?

In connection with the processing of the agreement/mandate or for the purposes described in this Privacy Policy, we also disclose data to other bodies that are not only located in Switzerland. Such a transfer abroad results in each case from the specific agreement/mandate and your instructions or, in particular, in the case of foreign service providers or in the case of communication with authorities or other bodies abroad in accordance with the order. Depending on the context, your data may therefore be processed in France, Germany, Italy, Liechtenstein, Austria, Denmark, Monaco, Holland, Spain, Poland, Portugal, UK, Turkey, Kuwait, USA, Singapore, Hong Kong, Canada, Panama, BVI, Saint Vincent and the Grenadines and/or Israel.

Some of these countries (in particular Panama, BVI, Turkey, Kuwait, USA, Singapore, Hong Kong as well as Saint Vincent and the Grenadines do not provide adequate data protection in their laws. In particular, a transfer to some of these countries entails the risk that, for example, in the event of access by public authorities, there is no clear legal basis, the necessity and proportionality with regard to the objectives pursued are not complied with, no effective legal remedies exist or access to an independent and impartial court is lacking. In these cases, the disclosure is based on one of the exceptions in Art. 17 DPA, in particular insofar as (a) a disclosure is made in direct connection with the conclusion or performance of a contract between us and you or (b) in the context of a contract between us and one of our contractual partners in your interest, or (c) another exception exists, in particular in the DPA, based on the relevant exception, or based on your express consent. You can obtain further information on the countries concerned and the measures implemented at the address mentioned in para. 1 above.

5. What rights do you have?

Persons about whom we process data have the right to request information about the data processed about them, as well as their correction or deletion.

Insofar as our processing is based on consent, data subjects have the right to revoke this consent at any time with effect for the future.

For the exercise of such rights, the data subjects may contact the address mentioned above under para. 1. We will process these requests in accordance with the Swiss Data Protection Act and may also reject them or fulfill them only to a limited extent in accordance with the laws.

6. Cookies

We use cookies on our website. These are small text files that are stored on your device.

We use such cookies to ensure the proper functioning of the Website and, in some places, to monitor the use of our website and to determine your preferences (e.g., so that we can present the Website to you in the language of your choice).

Most browsers are preset to accept cookies automatically. You can object to the generation of cookies by deactivating cookies in the system settings of your browser. In addition, you can also control the installation of cookies yourself at any time by changing the settings of your browser and/or deleting all cookies.

7. Can this Privacy Policy be changed?

Changes to this Privacy Policy may be necessary from time to time, for example, if the law or the way we process personal data changes. We reserve the right to change this Privacy Policy at any time. We will inform you of such changes in an appropriate manner, for example by posting them on our website. With this information, the respective new version comes into force.

Last updated: September 21, 2023