Privacy policy

Thank you for visiting our website ninabotzenphotography.com and for your interest in our company.

The protection of your personal data, such as date of birth, name, telephone number, address, etc., is important to us.

The purpose of this privacy policy is to inform you about the processing of your personal data that we collect from you when you visit our site. Our data protection practices are in accordance with the legal regulations of the Swiss Federal Data Protection Act (FADP) and the EU's General Data Protection Regulation (GDPR). The following data protection declaration serves to fulfil the information obligations arising from the FADP and the GDPR. These can be found, for example, in Art. 19 ff. FADP as well as Art. 13 ff. of the GDPR.

Owner or responsible person

The controller within the meaning of Art. 5 let. j FADP or Art. 4 no. 7 GDPR is the person who alone or jointly with others decides on the purposes and means of the processing of personal data. The controller pursuant to Art. 4 No. 7 GDPR is also the recipient of the personal data within the meaning of Art. 4 No. 9 GDPR. Any third party recipient shall be identified separately.

With regard to our website, the owner or responsible person is:

Botzen Design
Sternmattstrasse 14B
6005 Lucerne
Switzerland
E-mail: hello@ninabotzenphotography.com
Tel: +41766070373

Provision of the website and creation of log files

Each time our website is accessed, our system automatically collects data and information from the device (e.g. computer, mobile phone, tablet, etc.) used to access it.

What personal data is collected and to what extent is it processed?

(1) Information about the browser type and version used;
(2) The operating system of the retrieval device;
(3) Host name of the accessing computer;
(4) The IP address of the retrieval device;
(5) Date and time of access;
(6) Websites and resources (images, files, other page content) accessed on our website;
(7) Websites from which the user's system accessed our website (referrer tracking);
(8) Message whether the retrieval was successful;
(9) Amount of data transmitted

This data is stored in the log files of our system. This data is not stored together with the personal data of a specific user, so that individual site visitors cannot be identified.

Legal basis for the processing of personal data

Personal data is processed in accordance with the principle of legality (Art. 6 para. 1 FADP) and the principle of good faith (Art. 6 para. 2 FADP or Art. 2 CC) as well as Art. 6 para. 1 lit. f GDPR (legitimate interest).

Purpose of data processing

The temporary (automated) storage of data is necessary for the course of a website visit in order to enable delivery of the website. The storage and processing of personal data is also carried out to maintain the compatibility of our website for as many visitors as possible and to combat abuse and eliminate malfunctions. For this purpose, it is necessary to log the technical data of the accessing computer in order to be able to react as early as possible to display errors, attacks on our IT systems and/or errors in the functionality of our website. In addition, we use the data to optimise the website and to generally ensure the security of our information technology systems.

Duration of storage

The deletion of the aforementioned technical data takes place as soon as they are no longer required to ensure the compatibility of the website for all visitors, but no later than 3 months after accessing our website.

Possibility of restriction, objection, correction and deletion

You may at any time request the restriction of processing pursuant to Art. 18 GDPR or object to processing pursuant to Art. 21 GDPR as well as request the correction or deletion of data pursuant to Art. 16 or 17 GDPR. You can find out which rights you have and how to exercise them in the lower section of this privacy policy.

Special functions of the website

Our site offers you various functions, during the use of which personal data is collected, processed and stored by us. We explain below what happens to this data:

Contact form(s)

• What personal data is collected and to what extent is it processed?

  The data you have entered in our contact forms, which you have entered in the input mask of the contact form.

• Legal basis for the processing of personal data

  Personal data is processed in accordance with the principle of lawfulness (Art. 6 para. 1 GDPR) and the requirement of good faith (Art. 6 para. 2 GDPR or Art. 2 CC) as well as Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR (consent by clear affirmative action or behaviour or explicit consent).

• Purpose of data processing

  We will only use the data collected via our contact form or contact forms for processing the specific contact request received through the contact form. Please note that in order to fulfil your contact request, we may also send you e-mails to the address you have provided. The purpose of this is so that you can receive confirmation from us that your enquiry has been correctly forwarded to us. However, the sending of this confirmation e-mail is not obligatory for us and is only for your information.

• Duration of storage

  After processing your request, the collected data will be deleted immediately, unless there are legal retention periods.

• Possibility of restriction, objection, correction and deletion

  You may at any time request the restriction of processing pursuant to Art. 18 GDPR or object to processing pursuant to Art. 21 GDPR as well as request the correction or deletion of data pursuant to Art. 16 or 17 GDPR. You can find out which rights you have and how to exercise them in the lower section of this privacy policy.

• Necessity of providing personal data

  The use of the contact forms is on a voluntary basis. You are not obliged to contact us via the contact form, but can also use the other contact options provided on our website. If you wish to use our contact form, you must fill in the fields marked as mandatory. If you do not fill in the required information on the contact form, you will either not be able to send the enquiry or we will not be able to process your enquiry due to a lack of information.

Disclosure of information to third parties

Personal data is processed in accordance with the principle of legality (Art. 6 para. 1 FADP) and the principle of good faith (Art. 6 para. 2 FADP and Art. 2 CC).

The disclosure of information to third parties depends on the scope of the activities or offers of our website or our business model described below.

As a matter of principle, we only keep your information for as long as necessary and treat it confidentially. Exceptions to this are the transfer of personal data to debt collection service providers, to public bodies and authorities and to private individuals, who have a right to it due to legal regulations, court decisions or official orders as well as the transfer to authorities for the purpose of initiating legal proceedings or for law enforcement purposes if our legally protected rights are attacked.

Statistical analysis of visits to this website - Webtracker

We collect, process and store the following data when this website or individual files on the website are accessed: IP address, website from which the file was accessed, name of the file, date and time of access, amount of data transferred and report on the success of the access (so-called web log). We use this access data exclusively in non-personalised form for the continuous improvement of our website and for statistical purposes.

Any personal data is processed in accordance with the principle of legality (Art. 6 para. 1 FADP) and the principle of good faith (Art. 6 para. 2 FADP and Art. 2 CC). We also use the following web trackers to evaluate visits to this website:

• Gstatic

  We use on our site the service Gstatic of the company Google Ireland Limited, Gordon House, Barrow Street, 4 Dublin, Ireland, e-mail: support-deutschland@google.com, website: https://www.google.com/. According to the assessment of Swiss authorities, the processing takes place in safe third countries. You can find the list of countries in Switzerland and further information at the following link: https://www.edoeb.admin.ch/edoeb/de/home/datenschutz/handel-und-wirtschaft/uebermittlung-ins-ausland.html. Personal data is also transferred to the U.S. With regard to the transfer of personal data to the U.S., there is an adequacy decision on the EU-US Data Privacy Framework of the EU Commission within the meaning of Art. 45 of the GDPR (hereinafter: DPF - https://commission.europa.eu/document/fa09cbad-dd7d-4684-ae60-be03fcb0fddf_en ). The operator of the service is certified under the DPF, so that the usual level of protection of the GDPR applies to the transfer.

  The legal basis for the transmission of personal data is your consent pursuant to Art. 6 para. 6 FADP or Art. 31 para. 2 FADP and pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR, which you have given on our website.

  Gstatic is a background service used by Google to retrieve static content in order to reduce bandwidth usage and preload required catalogue files. In particular, the service loads background data for Google Fonts and Google Maps.

  As part of the order processing, personal data may also be transmitted to the servers of Google LLC, 1600 Amphitheatre Parkway, 94043 Mountain View, United States. You can access the provider's certification under the EU-US Data Privacy Framework at https://www.dataprivacyframework.gov/list.

  You can revoke your consent at any time. You will find more information on revoking your consent either with the consent itself or at the end of this privacy policy.

  For further information on the handling of transmitted data, please refer to the provider's privacy policy at https://policies.google.com/privacy.

  The provider also offers an opt-out option at https://support.google.com/My-Ad-Center-Help/answer/12155451?hl=de.

Integration of external web services and processing of data outside the EU

On our website, we use active content from external providers, so-called web services. By calling up our website, these external providers may receive personal information about your visit to our website. This may involve the processing of data outside of Switzerland and the EU. You can prevent this by installing an appropriate browser plug-in or deactivating the execution of scripts in your browser. This may result in functional restrictions on Internet pages that you visit.

We use the following external web services:

• CloudFlare

  We use on our site the service CloudFlare of the company Cloudflare, Inc., 101 Townsend St, 94107 San Francisco, United States, e-mail: support@cloudflare.com, website: https://www.cloudflare.com/de-de/. Your personal data will be transferred to so-called insecure third countries which do not guarantee adequate data protection through their legislation. Your data will only be transferred if appropriate data protection is guaranteed. This can be guaranteed by:

  • contracts under international law
  • Data protection clauses in a contract between the controller or processor and his contractual partner, which have been notified in advance to the FDPIC
  • specific safeguards drawn up by the competent federal body and communicated in advance to the FDPIC
  • Standard data protection clauses which the FDPIC has approved, issued or recognised in advance, or
  • binding internal company data protection regulations which have been approved in advance by the FDPIC or by an authority responsible for data protection in a state which guarantees adequate protection

  If such guarantees do not exist, your data may only be disclosed if you have given your consent, if the disclosure is directly related to the conclusion or performance of a contract, or if the disclosure is necessary in the context of the enforcement of claims before courts and authorities or to protect public interests. Personal data is also transferred to the U.S. With regard to the transfer of personal data to the U.S., there is an adequacy decision on the EU-US Data Privacy Framework of the EU Commission within the meaning of Art. 45 of the GDPR (hereinafter: DPF - https://commission.europa.eu/document/fa09cbad-dd7d-4684-ae60-be03fcb0fddf_en ). The operator of the service is certified under the DPF, so that the usual level of protection of the GDPR applies to the transfer.

  The legal basis for the transmission of personal data is our legitimate interest in processing pursuant to Art. 6 para. 1 lit. f GDPR. Our legitimate interest lies in achieving the purpose described below.

  Cloudflare is a so-called content delivery network that provides security functions in addition to splitting the website across several servers. Cloudflare also acts as a reverse proxy for our website.

  You can access the provider's certification under the EU-US Data Privacy Framework at https://www.dataprivacyframework.gov/list.

  With regard to the processing, you have the right of objection listed in Art. 21 GDPR. You can find more information at the end of this privacy policy.

  For further information on the handling of transmitted data, please refer to the provider's privacy policy at https://www.cloudflare.com/privacypolicy/.

• Google Cloud APIs

  We use on our site the service Google Cloud APIs of the company Google Ireland Limited, Gordon House, Barrow Street, 4 Dublin, Ireland, e-mail: support-deutschland@google.com, website: https://www.google.com/. According to the assessment of Swiss authorities, the processing takes place in safe third countries. You can find the list of countries in Switzerland and further information at the following link: https://www.edoeb.admin.ch/edoeb/de/home/datenschutz/handel-und-wirtschaft/uebermittlung-ins-ausland.html. Personal data is also transferred to the U.S. With regard to the transfer of personal data to the U.S., there is an adequacy decision on the EU-US Data Privacy Framework of the EU Commission within the meaning of Art. 45 of the GDPR (hereinafter: DPF - https://commission.europa.eu/document/fa09cbad-dd7d-4684-ae60-be03fcb0fddf_en ). The operator of the service is certified under the DPF, so that the usual level of protection of the GDPR applies to the transfer.

  The legal basis for the transmission of personal data is your consent pursuant to Art. 6 para. 6 FADP or Art. 31 para. 2 FADP and pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR, which you have given on our website.

  We use Google APIs in order to be able to load additional services from Google on the website. Google Apis is a collection of interfaces for communication between the various Google services used on your website. The service is used in particular to display the Google Fonts fonts and to provide the Google Maps map.

  For the processing itself, the service or we collect the following data: IP address

  If the service is activated on our website, our website establishes a connection to the servers of Google Ireland Limited and transmits the required data. As part of order processing, personal data may also be transmitted to the servers of Google LLC, 1600 Amphitheatre Parkway, 94043 Mountain View, United States. when using the Google service on our website, Google may transmit and process information from other Google services in order to provide background services for the display and data processing of the services provided by Google. For this purpose, data may also be transferred to the Google services Google Cloud, Google Maps, Google Ads and Google Fonts in accordance with the Google data protection declaration under Google's responsibility under data protection law. You can access the provider's certification under the EU-US Data Privacy Framework at https://www.dataprivacyframework.gov/list.

  You can revoke your consent at any time. You will find more information on revoking your consent either with the consent itself or at the end of this privacy policy.

  For further information on the handling of transmitted data, please refer to the provider's privacy policy at https://policies.google.com/privacy.

  The provider also offers an opt-out option at https://support.google.com/My-Ad-Center-Help/answer/12155451?hl=de.

• Google Fonts

  We use on our site the service Google Fonts of the company Google Ireland Limited, Gordon House, Barrow Street, 4 Dublin, Ireland, e-mail: support-deutschland@google.com, website: https://www.google.com/. According to the assessment of Swiss authorities, the processing takes place in safe third countries. You can find the list of countries in Switzerland and further information at the following link: https://www.edoeb.admin.ch/edoeb/de/home/datenschutz/handel-und-wirtschaft/uebermittlung-ins-ausland.html. Personal data is also transferred to the U.S. With regard to the transfer of personal data to the U.S., there is an adequacy decision on the EU-US Data Privacy Framework of the EU Commission within the meaning of Art. 45 of the GDPR (hereinafter: DPF - https://commission.europa.eu/document/fa09cbad-dd7d-4684-ae60-be03fcb0fddf_en ). The operator of the service is certified under the DPF, so that the usual level of protection of the GDPR applies to the transfer.

  The legal basis for the transmission of personal data is your consent pursuant to Art. 6 para. 6 FADP or Art. 31 para. 2 FADP and pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR, which you have given on our website.

  We use the Google Fonts service to be able to integrate attractive fonts on our website in order to be able to show you our website in a visually better version. The service may also be used on our website if other Google services are reloaded on our website that require Google Fonts fonts to run. This is the case, for example, if our website uses Google services that require Google Fonts to run.

  For the processing itself, the service or we collect the following data: Data on fonts, IP address of the page visitor, statistics on the use of fonts and other data from Google services related to our website.

  If the service is activated on our website, our website establishes a connection to the servers of Google Ireland Limited and transmits the required data. As part of order processing, personal data may also be transmitted to the servers of Google LLC, 1600 Amphitheatre Parkway, 94043 Mountain View, United States. when using the Google service on our website, Google may transmit and process information from other Google services in order to provide background services for the display and data processing of the services provided by Google. For this purpose, data may also be transferred to the Google services Google Apis, Google Cloud and Google Ads in accordance with the Google Privacy Policy. You can view the provider's certification under the EU-US Data Privacy Framework at https://www.dataprivacyframework.gov/list.

  You can revoke your consent at any time. You will find more information on revoking your consent either with the consent itself or at the end of this privacy policy.

  For further information on the handling of transmitted data, please refer to the provider's privacy policy at https://policies.google.com/privacy.

  The provider also offers an opt-out option at https://support.google.com/My-Ad-Center-Help/answer/12155451?hl=de.

• Legally ok Rechtstextsnippet und Module

  We use on our site the service Legally ok Rechtstextsnippet und Module of the company Legally ok GmbH, Schochenmühlestrasse 6, 6340 Baar, Switzerland, e-mail: hello@legally-ok.com, website: https://www.legally-ok.com/. Processing is carried out exclusively in Switzerland in accordance with the data protection legislation applicable there. The processing also takes place in a third country outside the EU. For this third country, there is an adequacy decision of the Commission. On the page of the EU Commission (link: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_de) you will find an up-to-date list of all adequacy decisions.

  The legal basis for the transmission and processing is Art. 31 para. 1 FADP and Art. 6 para. 1 lit. c GDPR. The use of the service helps us to comply with our legal obligations.

  With the help of the service, the contents of our legal texts are reloaded on our website. The respective current legal texts are reloaded via the integration on our page. This integration may also be used to reload further technical modules with regard to the legal texts or legally required elements.

  You can find out what rights you have with regard to processing at the end of this privacy statement.

  For further information on the handling of transmitted data, please refer to the provider's privacy policy at https://www.legally-ok.com/datenschutz/.

• Social Plug-In - "Instagram"

  • What personal data is collected and to what extent is it processed?

    On our website we have integrated a social plug-in of the social network "Instagram", which is operated by the Meta Platforms Ireland Ltd., Merrion Road, D04 X2K5 Dublin 4, Ireland, e-mail: impressum-support@support.facebook.com, website: https://www.instagram.com/ ("Instagram"). When you call up a page that contains such a plug-in, your browser automatically establishes a background connection to the servers of Instagram. The content of the plug-in is transmitted directly to your browser by Instagram and only integrated into our site. Through this integration, Instagram receives the information that your browser has loaded a specific page of our website. This also applies if you do not have a Instagram profile or are not currently logged in to Instagram. This information (including your IP address) is transmitted by your browser directly to a server of Instagram in Ireland and stored there. If you are logged in to Instagram, Instagram can immediately assign your visit to our website to your Instagram profile. If you interact with the plug-ins, for example by clicking the "Like" button or posting a comment, this information is also transmitted directly to a server of Instagram and stored there. The information is also published on your Instagram profile and displayed to your Instagram contacts that you have activated for this purpose.

  • Legal basis for the processing of personal data

    Relevant are Art. 6 ff. FADP as well as Art. 6 para. 1 lit. a GDPR (if you have registered with "Instagram") and Art. 6 para. 3 FADP as well as Art. 6 para. 1 lit. f GDPR (if you have not registered with Instagram ). Insofar as the processing is carried out on the basis of Art. 6 para. 1 sentence 1 lit. f GDPR, the legitimate interest of the site operator is to enable user interaction with the content of the site operator at Instagram.

  • Purpose of data processing

    The primary purpose of the data collection is to offer you a possibility of social interaction linked to Instagram and thus to make our website interactive. The scope of data collection and the further processing and use of the data you leave behind by Instagram as well as your rights in this regard and setting options for protecting your privacy can be found in the data protection notes of Instagram: https://help.instagram.com/519522125107875

  • Duration of storage

    Instagram will store the data relevant for the provision of the web service for as long as it is necessary. Insofar as the data is subject to statutory retention obligations, it will be deleted after the retention obligation has expired.

  • Possibility of objection and deletion

    If you do not want the social plug-in from Instagram to run, you can also prevent it from running by installing an appropriate add-on or script blocker. If you do not want Instagram to assign the data collected via our website to your Instagram profile, you must log out of Instagram before visiting our website. The right to information, correction and deletion, as well as the right to restrict processing and the right to object, are also governed by the general regulations on the right to object and the right to deletion under data protection law described below in this data protection declaration.

Data security and data protection, communication by e-mail

Your personal data is protected by technical and organisational measures during collection, storage and processing so that it is not accessible to third parties. In the case of unencrypted communication by e-mail, we cannot guarantee complete data security on the transmission path to our IT systems, so we recommend encrypted communication or the postal service for information requiring a high level of confidentiality.

Duration of data storage and rights of the data subject

Duration of storage

We store personal data only to the extent and for as long as necessary to fulfil the purposes for which the personal data was collected, we have a legitimate overriding interest in retaining the data or are legally obliged to do so.

Right to information

You have the right to request confirmation as to whether we are processing personal data about you. If this is the case, you have the right to information on the data specified in 25 ff. FADP or Art. 15 para. 1 GDPR, insofar as the information cannot be refused, restricted or postponed by the owner of the data collection (cf. Art. 26 f. FADP or Art. 15 para. 4 GDPR). We will also be happy to provide you with a copy of the data.

Right of rectification

Pursuant to Art. 32 (1) FADP or Art. 16 GDPR, you have the right to demand that incorrect personal data (e.g. address, name, etc.) be corrected, provided that there is no legal obligation to the contrary. You can also request that the data stored by us be completed at any time. A corresponding adjustment will be made immediately.

Right to erasure

Pursuant to Article 17 (1) of the GDPR, you have the right to have us delete the personal data we have collected about you if

• the data is either no longer required;
• the legal basis for processing has ceased to exist without replacement due to the revocation of your consent;
• there are no longer any legitimate reasons for processing the data;
• Your data is being processed unlawfully;
• a legal obligation requires this.

Pursuant to Article 17 (3) of the GDPR, this right does not exist if

• the processing is necessary for the exercise of the right to freedom of expression and information;
• Your data has been collected on the basis of a legal obligation;
• processing is necessary for reasons of public interest;
• the data is necessary for the assertion, exercise or defence of legal claims.

Right to restrict processing

According to Art. 18 (1) GDPR, you have the right to request the restriction of the processing of your personal data in individual cases.

This is the case when

• the accuracy of the personal data is disputed by you;
• the processing is unlawful and you do not consent to its deletion;
• the data is no longer required for the purpose of processing, but the collected data is used for the assertion, exercise or defence of legal claims;
• an objection to the processing has been lodged pursuant to Art. 21 (1) GDPR and it is still unclear which interests prevail.

Right of withdrawal

If you have given us express consent to process your personal data (Art. 6 para. 6 FADP and Art. 31 para. 1 FADP; Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR), you may revoke this consent at any time. Please note that the lawfulness of the processing carried out on the basis of the consent up to the revocation is not affected by this. Information for which we are legally obliged to retain data will be deleted after expiry of the deadline.

Right to object

In accordance with Art. 21 of the GDPR, you have the right to object at any time to the processing of personal data relating to you that has been collected on the basis of Art. 6 (1) f of the GDPR (in the context of a legitimate interest). If you have given us express consent to process your personal data (Art. 6 para. 6 FADP and Art. 31 para. 1 FADP), you may revoke this consent at any time. Please note that the lawfulness of the processing carried out on the basis of the consent up to the revocation is not affected by this. You only have this right if there are special circumstances that speak against the storage and processing. Information for which we are legally obliged to store data will be deleted after expiry of the deadline.

How do you exercise your rights?

You can exercise your rights at any time by contacting us using the contact details below:

Botzen Design
Sternmattstrasse 14B
6005 Lucerne
Switzerland
E-mail: hello@ninabotzenphotography.com
Tel: +41766070373

Right to data portability

Pursuant to Article 20 of the GDPR, you have a right to the transfer of personal data relating to you. We will provide the data in a structured, common and machine-readable format. The data can be sent either to you or to a person responsible named by you.

We will provide you with the following data upon request:

• Data collected on the basis of consent (Art. 31 para. 1 FADP as well as Art. 6 para. 1 let. a GDPR);
• Data that we have received from you in the context of existing contracts (Art. 31 para. 2 let. a FADP as well as Art. 6 para. 1 let. b GDPR and Art. 9 para. 2 let. a GDPR);
• Data that has been processed as part of an automated procedure.

We will transfer the personal data directly to a responsible person of your choice as far as this is technically feasible. Please note that we are not permitted to transfer data that interferes with the overriding interests of third parties, or only to a limited extent, pursuant to Art. 26 (1) b FADP or Art. 20 (4) GDPR.

Notifications to the FDPIC and possibility to file a complaint

Pursuant to Art. 49 FADP, data subjects may file a report with the supervisory authority if there are sufficient indications that a data processing operation could violate data protection regulations. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

For further information, please consult the contact form of the FDPIC: https://www.edoeb.admin.ch/edoeb/de/home/deredoeb/kontakt.html

If you suspect that your data is being processed illegally on our website, you can seek clarification of the issue in court in accordance with Art. 32 FADP. As a rule, a lawsuit in accordance with Art. 28 ff. CC should be sought. If you are affected by the processing of data by federal bodies, the procedure is in accordance with Art. 41 FADP. In this case, you can also contact the FDPIC (see the reference to the contact form above).

Right of appeal to the supervisory authority pursuant to Art. 77 para. 1 GDPR

If you suspect that your data is being processed illegally on our site, you can of course have the issue clarified by the courts at any time. In addition, any other legal option is open to you. Irrespective of this, you have the option of contacting a supervisory authority in accordance with Article 77 (1) of the GDPR. The right of appeal pursuant to Art. 77 GDPR is available to you in the EU Member State of your place of residence, your place of work and/or the place of the alleged infringement, i.e. you can choose the supervisory authority to which you turn from the above-mentioned places. The supervisory authority to which the complaint has been submitted will then inform you of the status and outcome of your submission, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.