Privacy Policy

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Fusion Consulting AG.  

With the following statement, we comply with our statutory duty to inform you about the storage of data as well the type of data we store, their purpose and our identity.  

You can find our complete contact details in our imprint, as well as the bottom of this privacy policy. 

1. DEFINITIONS 

In this privacy policy we use, a couple of specific terms we want to define beforehand: 

a) Personal data 

Personal data means any information relating to an identified or identifiable natural person (“website visitor”). An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 

b) Processing 

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 

c) Restriction of processing 

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future. 

d) Profiling 

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. 

e) Controller or controller responsible for the processing 

Controller or controller responsible for the processing is 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; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. 

f) Processor 

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. 

g) Recipient 

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall follow the applicable data protection rules according to the purposes of the processing. 

h) Third party 

Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data. 

i) Consent 

Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. 

2. GENERAL 

The protection of your personal data during the collection, processing and use while your visit on our website is very important to us.  

Based on Article 13 of the Swiss Federal Constitution and the data protection regulations of the Federal Government (Data Protection Act, DSG) and in accordance with GDPR, every person is entitled to protection of their privacy and to protection against misuse of their personal data. We comply with these terms. Personal data will be kept strictly confidential and will not be sold or passed on to third parties. The details can be found in the following explanations. 

For external links to third-party content, we accept no liability despite careful content control, since we have not initiated the transmission of this information, have not selected or changed the addressee of the transmitted information and the transmitted information itself. 

The use of our website is usually possible without providing personal data. As far as on our sides personal data (for example name, address or E-Mail address) are raised, this takes place, as far as possible on an optional basis. These data will not be disclosed to third parties without your explicit consent. We point out in this context that the transmission of data on the Internet (for example in the case of communication by e-mail) may have security gaps. A complete protection of the data from access by third parties is not possible. 

In the following, we will explain what information we collect during your visit to our website and how it is used: 

3. COLLECTION AND STORAGE OF PERSONAL DATA AND THE NATURE AND PURPOSE OF THEIR USE 

a) When visiting the website: Every time a customer (or other visitor) accesses our website, the internet browser used on your device (computer, laptop, tablet, smartphone, etc.) automatically sends information to the server of our website. This information is temporarily stored in a so-called logfile (log file) on the server side (web hosting provider). 

The following data will be collected without your intervention and stored until automated deletion: 

• if necessary, IP address of the requesting computer, as well as device ID or individual device identifier and device type, 
• name of the retrieved file and amount of data transferred, as well as date and time of retrieval, 
• Message about successful call, 
• requesting domain (origin of your request, from which you came to our website(s)), 
• Description of the type of internet browser used and, if applicable, the operating system of your terminal and the name of your access provider, 

Our legitimate interest in accordance. Art. 6 para. 1 sentence 1 lit. f DSGVO for the collection of data is based on the following purposes: 

• Ensuring a smooth connection setup and comfortable use of the website, 
• Evaluation of system security and stability as well 
• for further administrative purposes. 

In no case we use the collected data for the purpose of drawing conclusions about you. 

b) When concluding a contractual relationship of any kind (this includes our contact form): When concluding any contractual relationship of any kind on our website, we ask you for the following personal data: 

• Data that personally identifies you, such as your natural name and e-mail address 
• other personal data which we are legally obliged or authorized to collect and process and which we need for your authentication, identification or verification of the data we collect. 

The mentioned data will be processed to process the contractual relationship. The processing of data is based on Art. 6 para. 1 lit. b DSGVO. The retention period is limited to the purpose of the contract and, if available, statutory and contractual retention requirements. 

4. TRANSFER OF PERSONAL DATA 

A transfer of your data to third parties for purposes other than those listed below does not take place. We only pass on your data to third parties if: 

• You have given your express consent to this (Art. 6 (1) (1) (a) GDPR), 
• this is necessary for the settlement of contractual relationships with you (Art. 6 (1) (b) GDPR), 
• there is a legal obligation to pass it on (Art. 6 (1) (c) GDPR), 
• disclosure is required for asserting, exercising or defending legal claims and there is no reason to assume that you have a predominantly legitimate interest in not disclosing your data (Article 6 (1) (1) (f) GDPR). 

In these cases, however, the amount of data transmitted is limited to the minimum required. Our privacy policy is consistent with applicable data protection laws and the data is processed only in the European Union. A transfer to third countries does not take place and is not intended. 

5. AFFECTED RIGHTS 

On request, we will be pleased to inform you whether and which clearly personal data about you is stored (Article 15 GDPR), in particular the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed or will , the planned storage period, the right of rectification, deletion, limitation of processing or opposition, the existence of a right of appeal, the origin of their data, if they were not collected from us, as well as the existence of automated decision-making including profiling. 

 You also have the right to correct any incorrectly collected personal data or to complete incomplete data collected (Art. 16 GDPR). Furthermore, you have the right to demand that we restrict the processing of your data, provided that the legal conditions for doing so are met (Art. 18 GDPR). You have the right to receive the personal data relating to you in a structured, common and machine-readable format or to request the transfer to another person responsible (Art. 20 GDPR). In addition, you are entitled to the so-called "right to be forgotten". H. You can request the deletion of your personal data from us, provided that the legal prerequisites exist (Art. 17 GDPR). Regardless of this, your personal data will be automatically deleted by us if the purpose of the data collection has been omitted or the data processing has been unlawful. 

IN ACCORDANCE WITH ART. 7 (3) GDPR, YOU HAVE THE RIGHT TO REVOKE YOUR ONCE GIVEN CONSENT TO US AT ANY TIME. AS A RESULT, WE ARE NO LONGER ALLOWED TO CONTINUE THE DATA PROCESSING BASED ON THIS CONSENT FOR THE FUTURE. 

You also have the right to object to the processing of your personal data at any time, provided that a right of objection is provided for by law. In the case of an effective revocation, your personal data will also be automatically deleted by us (Article 21 GDPR). If you would like to exercise your right of revocation or objection, it is sufficient to send an e-mail to the e-mail address listed at the end of this privacy policy. In case of violations of the data protection regulations you have acc. Art. 77 DSGVO the possibility to file a complaint with a supervisory authority. 

6. DURATION OF DATA STORAGE 

The data collected will be stored by us if necessary, for the performance of the contracts we have entered, or you have not exercised your right to cancellation or your right to transfer data to another company. 

For example, we use cookies to statistically record and evaluate the use of our website and to optimize our offer for you. These cookies allow us to automatically recognize when you visit our website again that you have already been with us. These cookies are automatically deleted after a defined time. The data processed by cookies are for the purposes mentioned in order to safeguard our legitimate interests as well as third parties according to Art. 6 para. 1 sentence 1 lit. f DSGVO required. Most browsers accept cookies automatically.  

If you do not want us to recognize information about your computer, please set your Internet browser to delete cookies from your computer hard drive, block all cookies, or warn you before a cookie is stored. You can find out how to delete or block cookies in the Help and Support section of your Internet browser. There you will find instructions for searching the file or directory where cookies are stored. Please note in any case that the complete deactivation of cookies may mean that you cannot use all functions of our website. 

7. EXTERNAL APPLICATIONS AND COOKIES ON OUR WEBSITE 

a) Technical cookies 
These cookies are “required” for technical reasons 

• “klaro” Expiry time: 1 year – Use: Is used by the klaro consent manager and stores information about your privacy settings. 

b) Cloudflare 
Our website uses the services of Cloudflare Inc. (USA) for secure encrypted data transmission on the Internet (SSL), to improve worldwide website performance through the Cloudlflare Content Delivery Network (CDN) and to improve security and protection against hacker attacks through the Cloudflare Web Application Firewall (WAF). It is possible that Cloudflare uses its own cookies to provide these services. With Cloudflare a corresponding GDPR-compliant contract for commissioned data processing exists. More detailed information about GDPR and Cloudflare can be found on the GDPR pages of Cloudflare: www.cloudflare.com/de-de/gdpr/introduction/ 

b.a) What is Cloudflare? 

A Content Delivery Network (CDN), as provided by Cloudflare, is nothing more than a network of servers connected via the Internet. Cloudflare has distributed such servers all over the world to bring websites faster to your screen. Simply put, Cloudflare makes copies of our website and places them on their own servers. When you visit our website now, a load balancing system ensures that the majority of our website is delivered from the server that can display our website the fastest. The distance of the data transfer to your browser is considerably shortened by a CDN. Thus the content of our website is delivered to you by Cloudflare not only from our hosting server, but from servers all over the world. The use of Cloudflare is especially helpful for users from abroad, because here the page can be delivered from a server nearby. Besides the fast delivery of websites Cloudflare also offers various security services like DDoS protection or the Web Application Firewall. 

b.b) Why we use Cloudflare on our website? 

Of course we want to offer you the best possible service with our website. Cloudflare helps us to make our website faster and more secure. Cloudflare offers us web optimizations as well as security services such as DDoS protection and web firewall. This includes a reverse proxy and the content distribution network (CDN). Cloudflare blocks threats and limits abusive bots and crawlers that waste our bandwidth and server resources. By storing our website in local data centers and blocking spam software, Cloudflare allows us to reduce our bandwidth usage by about 60%. Delivering content from a data center near you and some web optimizations performed there reduces the average loading time of a website by about half. According to Cloudflare, the setting "I'm Under Attack Mode" can be used to mitigate further attacks by displaying a JavaScript calculation task that must be solved before a user can access a web page. Overall, this makes our website much more powerful and less susceptible to spam or other attacks. 

b.c) Which data is stored by Cloudflare? 

Cloudflare generally only forwards those data that are controlled by website operators. The contents are therefore not determined by Cloudflare, but always by the website operator himself. In addition, Cloudflare may collect certain information about the use of our website and process data that is sent by us or for which Cloudflare has received appropriate instructions. In most cases, cloudflare receives data such as contact information, IP addresses, security fingerprints, DNS protocol data and performance data for web pages derived from browser activity. For example, log data helps cloudflare to detect new threats. So Cloudflare can guarantee a high security protection for our website. Cloudflare processes these data within the framework of the services in compliance with the applicable laws. This naturally includes the General Data Protection Regulation (GDPR). 

For security reasons Cloudflare also uses a cookie. The cookie (__cfduid) is used to identify individual users behind a shared IP address and to apply security settings for each individual user. This cookie is very useful, for example, if you use our website from a location where there are a number of infected computers. However, if your computer is trustworthy, we can recognize this by the cookie. So you can surf through our website unhindered, despite infected PCs in the area. It is also important to know that this cookie does not store any personal data. This cookie is essential for the cloudflare security features and cannot be disabled. 

Cloudflare also works together with third party providers. They may only process personal data under instructions from Cloudflare and in accordance with the privacy policy and other confidentiality and security measures. Cloudflare will not pass on any personal data without our explicit consent.  

Cookies from Cloudflare: 

• “__cfduid” Expiry time: 1 month – Use: Used to identify individual users behind a shared IP address 

b.d) How long and where is the data stored?  

Cloudflare stores your information mainly in the USA and the European Economic Area. Cloudflare can transmit and access the above described information from all over the world. In general, Cloudflare stores user-level data for domains in the Free, Pro and Business versions for less than 24 hours. 

b.e) How can I delete my data or prevent data storage? 

Cloudflare keeps data logs only as long as necessary and in most cases these data are deleted within 24 hours. Cloudflare also does not store any personal data, such as your IP address. However, there is information that Cloudflare stores indefinitely as part of its permanent logs to improve the overall performance of Cloudflare Resolver and to identify any security risks. You can find out exactly which permanent logs are saved at developers.cloudflare.com/1.1.1.1/commitment-to-privacy/privacy-policy/privacy-policy/. All data that Cloudflare collects (temporary or permanent) will be cleaned from all personal data. All permanent logs are also anonymized by Cloudflare. 

Cloudflare will mention in your privacy policy that they are not responsible for the content they receive. For example, if you ask Cloudflare whether they can update or delete your content, Cloudflare always refers to us as the website operator. You can also completely prevent the entire collection and processing of your data by Cloudflare by deactivating the execution of script code in your browser or by including a script blocker in your browser. 

Cloudflare is an active participant in the EU-U.S. Privacy Shield Framework which regulates the correct and secure transfer of personal data. You can find more information on www.privacyshield.gov/participant. 

c) Google Analytics 
On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising. 

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States. 

For the web analytics through Google Analytics the controller uses the application "_gat. _anonymizeIp". By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area. 

The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us. 

Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements. 

The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties. 

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs. 

In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through a JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons. 

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/. 

Cookies from Google Analytics: 

• “_ga” Expiry time: 2 years – Use: Differentiation of website visitors 
• “_gid” Expiry time: 24 hours – Usage: Differentiation of website visitor – Use: Differentiation of website visitor 
• “_gat_gtag_UA_<property-id>” Expiration time: 1 minute use: Used to throttle the request rate. When Google Analytics is provided through the Google Tag Manager, this cookie is named “_dc_gtm_ <property-id>”. 

d) Google Tag Manager 
This website uses Google Tag Manager. Google Tag Manager is a solution operated by Google LLC. 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”) that allows marketed website tags to be managed using an interface. The Tag Manager tool itself (which implements the tags) is a cookie-less domain and does not register personal data. The tool causes other tags to be activated which may, for their part, register data under certain circumstances. Google Tag Manager does not access this information. If recording has been deactivated on domain or cookie level, this setting will remain in place for all tracking tags implemented with Google Tag Manager. 

e) Mandrill 
The system emails are sent via the "Mandrill" service, an email platform from "MailChimp", operated by US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. 

You can find Mandrill's privacy policy here: https://mailchimp.com/legal/privacy 

8. DISABLING COOKIES 

Instructions on how to block cookies in your browser can be found here: 

• Mozilla Firefox: support.mozilla.org/de/kb/Cookies-blockieren 
• Google Chrome: support.google.com/chrome/answer/95647  
• Apple Safari: www.apple.com/legal/privacy/de-ww/cookies/  
• Internet Explorer: windows.microsoft.com/de-de/internet-explorer/delete-manage-cookies 
• Microsoft Edge: windows.microsoft.com/de-de/windows-10/edge-privacy-faq 

9. DATA SECURITY 

We take all necessary technical and organizational security measures to store your personal data so that it is not accessible to third parties or the public. If you would like to contact us by e-mail, we would like to point out that the confidentiality of the transmitted information cannot be completely guaranteed with this communication method. We therefore recommend that you send us confidential information only by telephone or by post. For e-mail communication, we recommend the best possible encryption of your outbox via SSL technology. For more information, please contact your e-mail service provider. 

10. CHILDREN’S INFORMATION 

Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity. 

We do not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records. 

11. DATA PROTECTION FOR APPLICATIONS AND THE APPLICATION PROCEDURES 

The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure.  

12. ONLINE PRIVACY POLICY ONLY 

This privacy policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in Fusion Consulting. This policy is not applicable to any information collected offline or via channels other than this website. 

13. EXISTENCE OF AUTOMATED DECISION-MAKING  

As a responsible company, we do not use automatic decision-making or profiling. 

14. NAME AND ADDRESS OF THE CONTROLLER  

We are pleased to help all concerned in connection with the handling of personal data and exercising their rights.  For assistance, please contact [email protected]. We are committed to dealing with all questions promptly. 

Controller for the purposes of the General Data Protection Regulation (GDPR), the swiss data protection act, other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:  

Fusion Consulting AG  
Gartenstrasse 4  
6300 Zug
Switzerland

E-Mail: [email protected]
Website: www.fusion-cons.com  

15. NAME AND ADDRESS OF THE DATA PROTECTION OFFICER  

The Data Protection Officer of the controller is:  

Bernd Wilkens
bw-fcc GmbH
Zehntenfreistrasse 11
4103 Bottmingen
Switzerland
E-Mail: [email protected]

Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection. 

16. UP-TO-DATENESS AND CHANGE OF THIS DATA PROTECTION EXPLANATION 

Due to the further development of our website and offers or due to changed legal or regulatory requirements, it may be necessary to change this privacy policy. The current privacy policy can be viewed and printed on our website at any time using the link: https://www.fusion-cons.com/fusion/privacy-policy. 

 
This document was last modifed: 01.02.2021