Privacy Policy

Privacy Policy
This Privacy Policy explains the nature, scope and purpose of the processing of your personal data (hereinafter referred to concisely as “data”) within the context of our online service and the associated websites, features and content, as well as our external presence online, such as our social media profiles (hereinafter referred to collectively as “online service”). Please see Article 4 of the General Data Protection Regulation (GDPR) for definitions of the terminology used, such as “processing” or “controller”.


Controller
Regionalbahn Thurbo AG is responsible for the processing of your data.
Please do not hesitate to contact our in-house data protection officer, Mr Daniel Guyer, if you have any questions or comments regarding data protection. You can either write to him by post:

Regionalbahn Thurbo AG
Datenschutzbeauftragter
Bahnhofstrasse 31
Postfach 2272
8280 Kreuzlingen 1
Switzerland

or by e-mail: datenschutz[at]thurbo.ch.

 
Types of data processed:

  • User data (e.g. names, addresses)
  • Contact data (e.g. e-mail, telephone numbers)
  • Content data (e.g. text input, photographs, videos)
  • Usage data (e.g. websites visited, interest in content, access times)
  • Metadata/communication data (e.g. device information, IP addresses)

 
Categories of data subject
Visitors to and users of the online service (we also refer to data subjects collectively hereinafter as “users”).


Purposes of data processing

  • To make our online service, features and content available.
  • To respond to requests for contact and communicate with users.
  • Security measures.


Terminology used
“Personal data” means all information relating to an identified or identifiable natural person (hereinafter “data subject”); a natural person is regarded as being identifiable if they can be directly or indirectly identified, especially by means of attribution to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features which are an expression of that natural person’s physical, physiological, genetic, psychological, economic, cultural or social identity.

“Processing” means any operation or set of operations which is performed on personal data, whether or not by automated means. This is a wide-ranging term which covers practically all instances of data handling.

“Pseudonymisation” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

“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, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

“Controller” means 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.

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

 
Relevant legal basis
Pursuant to Art. 13 GDPR, we provide you with information about the legal basis for our data processing. If the legal basis is not stated in the Privacy Policy, the following applies: the legal basis for obtaining consent is Art. 6 paragraph 1 (a) and Art. 7 GDPR, the legal basis for processing in order for us to perform our services and contractual steps and to respond to requests is Art. 6 paragraph 1 (b) GDPR, the legal basis for processing in order for us to comply with our legal obligations is Art. 6 paragraph 1 (c) GDPR, and the legal basis for processing for the purposes of our legitimate interests is Art. 6 paragraph 1 (f) GDPR. If the processing of personal data is necessary in order to protect the vital interests of the data subject or of another natural person, Art. 6 paragraph 1 (d) GDPR shall apply as the legal basis.

 
Security measures
Pursuant to Art. 32 GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.

These measures particularly include ensuring the confidentiality, integrity and availability of data by controlling physical access to the data and access relating to the data, input and forwarding, as well as ensuring availability and separation. Moreover, we have put processes in place to ensure the protection of data subjects’ rights, the deletion of data and the response if data are put at risk. We also take the protection of personal data into account at the development stage and when selecting hardware, software and processes, pursuant to the principle of data protection by design and by default (Art. 25 GDPR).

 
Cooperation with processors and third parties
If, within the context of our processing, we disclose or transmit data to other persons and companies (processors or third parties) or grant them access to the data in some other way, this shall only take place on the basis of legal authorisation (e.g. if the transmission of data to third parties, such as payment service providers, is necessary for the performance of a contract, pursuant to Art. 6 paragraph 1 (b) GDPR), if you have given your consent, if this is stipulated by a legal obligation or on the basis of our legitimate interests (e.g. when engaging the services of processors, web hosts etc.). 

If we appoint third parties to process data on the basis of a “processing contract”, this shall be on the basis of Art. 28 GDPR.

 
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this takes place within the context of the use of third-party services or the disclosure or transfer of data to third parties, this shall only occur if this is for the performance of a contract or for us to fulfil our obligations prior to entering a contract, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual authorisation, we only process data in a third country or transfer data to a third country for processing if the special provisions of Art. 44 et seqq. GDPR apply. This means, for example, that the processing takes place on the basis of special guarantees, such as the officially recognised declaration of a level of data protection commensurate with the level in the EU (e.g. the “Privacy Shield” for the USA) or adherence to officially recognised special contractual obligations (known as “standard contractual clauses”).

 
Rights of the data subject
You have the right to request confirmation as to whether personal data concerning you are being processed and to information about these data as well as to further information and a copy of the data, pursuant to Art. 15 GDPR.

You have the right, pursuant to Art. 16 GDPR, to have incomplete personal data completed or to obtain the rectification of inaccurate personal data.

You have the right, pursuant to Art. 17 GDPR, to obtain the erasure of personal data concerning you without undue delay, or alternatively, pursuant to Art. 18 GDPR, the right to obtain restriction of processing.

You have the right to receive the personal data concerning you, which you have provided to us, and to transmit those data to another controller, pursuant to Art. 20 GDPR. 

You also have a right, pursuant to Art. 77 GDPR, to lodge a complaint with the competent supervisory authority.

 
Right to withdraw consent
You have the right, pursuant to Art. 7 paragraph 3 GDPR, to withdraw your consent with future effect.

 
Right to object
Pursuant to Art. 21 GDPR, you have the right to object at any time to the future processing of personal data concerning you. You can particularly object to processing for direct marketing purposes.

 
Cookies and the right to object to direct marketing
Cookies are small files stored on a user’s computer. A variety of information can be stored in cookies. The main purpose of a cookie is to store information about a user (or about the device on which the cookie is stored) during and sometimes after a visit within the context of an online service. Temporary cookies known as “session cookies” or “transient cookies” are cookies which are deleted when a user leaves an online service and closes their browser. The contents of a shopping basket in an online shop or a login status can, for example, be stored in a cookie of this kind. “Permanent” or “persistent” cookies are cookies which are still stored even after the browser has been closed. This means, for example, that the login status can be stored if the user visits the site a few days later. A user’s interests, which can be used to measure reach or for marketing purposes, can also be stored in a cookie of this kind. “Third-party cookies” are cookies that are placed by a supplier other than the controller of the online service (cookies that are just the controller’s cookies are known as “first-party cookies”).

We may set temporary and permanent cookies and explain these in our Privacy Policy.

If users do not want cookies to be stored on their computer, they are asked to deactivate the relevant option in their browser’s system settings. Stored cookies may be deleted in the browser’s system settings. Declining cookies may restrict the functionality of this online service.

You can generally opt out of the use of cookies placed for online marketing purposes for many services, especially in the case of tracking, via the American website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. You can also control the storage of cookies by deactivating them in your browser’s settings. Please note that you may then not be able to use all the features of this online service.

 
Erasure of data
The data we process are erased or their processing is restricted pursuant to Art. 17 and 18 GDPR. Unless expressly stated in this Privacy Policy, the data that we store shall be erased when they are no longer necessary for their intended purpose and when there is no statutory storage requirement that prevents them from being erased. If the data are not erased because they are required for other, legally permitted purposes, their processing will be restricted. This means that the data will be locked and will not be processed for other purposes. This applies, for example, to data that need to be kept for reasons associated with commercial law or tax legislation.

 
Making contact with us
If a user makes contact with us (e.g. via the contact form, e-mail, telephone or social media), the user’s data will be used for processing and handling the contact request pursuant to Art. 6 paragraph 1 (b) (within the context of contractual relationships or steps prior to entering a contract) and Art. 6 paragraph 1 (f) (other requests) GDPR. The user’s data may be stored in a customer relationship management system (“CRM system”) or similar request system.

We delete the requests when they are no longer required. We check whether they are required every two years; statutory archiving obligations also apply.

 
Hosting and sending e-mail
We use hosting services in order to make the following services available: infrastructure and platform services, processing capacity,  memory and database services, sending e-mail, security services and technical maintenance services that we use in order to operate this online service. 

In doing so, we or our hosting suppliers process user data, contact data, content data, contract data, usage data, metadata and communication data concerning customers, interested parties and visitors to this online service on the basis of our legitimate interests in the efficient and secure provision of this online service pursuant to Art. 6 paragraph 1 (f) GDPR in conjunction with Art. 28 GDPR (conclusion of a processor contract).

 
Collecting access data and log files
On the basis of our legitimate interests pursuant to Art. 6 paragraph 1 (f) GDPR, we or our hosting supplier collect data about each time the server on which this service is located is accessed (“server log files”). The access data include the name of the website accessed, file, date and time of access, the volume of data transmitted, the message concerning successful access, the browser type including version, the user’s operating system, the referrer URL (the site previously visited), IP address and the provider making the request.

Log file information is kept for a maximum period of seven days for security reasons (e.g. for investigating acts of improper use or fraud), after which time it is deleted. Data that need to be kept for longer for evidence purposes are not deleted until the incident in question has been fully investigated.


Google Analytics
On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online service pursuant to Art. 6 paragraph 1 (f) GDPR), we use Google Analytics, a web analysis service provided by Google LLC (“Google”). Google uses cookies. The information about users’ use of the online service which is generated by the cookie is generally transmitted to one of Google’s servers in the US and stored there.

Google is certified under the Privacy Shield agreement and therefore guarantees compliance with European data protection legislation: Link.

Google uses this information at our behest to evaluate users’ use of our online service, to produce reports about activity within the context of our online service and to provide us with other services related to use of this online service and the Internet. As part of this process, users’ pseudonymous usage profiles may be created from the processed data.

We use Google Analytics only with activated IP anonymisation. This means that the user’s IP address is truncated by Google in member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to one of Google’s servers in the US and truncated there.

Google does not link the IP address transmitted by the user’s browser to other data. Users can prevent the storage of cookies via the relevant setting in their browser software; users can also prevent Google from collecting the data generated by the cookie concerning their use of the online service and prevent Google from processing these data by downloading and installing the browser plug-in which is available via the following link: Link.

You can find further information about how Google uses your data and options for settings and opting out in Google’s privacy policy and in the settings for the display of advertisements by Google.

Users’ personal data are deleted or anonymised after 14 months.


Online presence in social media 
We maintain an online presence within social networks and platforms in order to communicate with customers, interested parties and users who are active there and to provide them with information there about our services. Access to the relevant networks and platforms is regulated by the general terms and conditions and the data processing guidelines of the operator in question. 

Unless otherwise stated in our Privacy Policy, we process user data if these users communicate with us via the social networks and platforms, e.g. if they post on our pages or send us messages.

 
Incorporation of third-party services and content
As part of our online service and on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online service pursuant to Art. 6 paragraph 1 (f) GDPR), we use content and services offered by third-party suppliers in order to incorporate their content and services, such as videos or fonts (hereinafter referred to collectively as “content”).  

This means that the third-party suppliers of this content must always know a user’s IP address, because they cannot send content to the user’s browser without it. The IP address is therefore essential in order for this content to be displayed. We endeavour only to use content whose suppliers use the IP address solely for the purposes of delivering the content. Third-party suppliers may also use “pixel tags” (invisible graphics, which are also called “web beacons”) to gather statistics or for marketing purposes. Information such as visitor traffic to the pages of this website can be analysed by the pixel tags. The pseudonymous information may also be stored in cookies on the user’s device and may include, for example, technical information about the browser and operating system, referrer websites, the time of the visit and further details about the use of our online service. It may also be combined with similar information from other sources.

 
Vimeo
We may incorporate videos from the “Vimeo” platform supplied by Vimeo Inc., Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA. 
 We would like to point out that Vimeo may use Google Analytics; in this regard, please refer to the Google privacy policy and the opt-out options for Google Analytics or the Google settings for the use of data for marketing purposes.

 
Youtube
We incorporate videos from the “YouTube” platform supplied by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.

 
Google Fonts 
We incorporate the fonts (“Google Fonts”) supplied by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.


Google Maps
We incorporate maps provided by the “Google Maps” service supplied by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The processed data may particularly include users’ IP addresses and location data, but these are not collected without the users’ consent (usually given within the settings of their mobile devices). The data may be processed in the USA. Privacy Policy https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.

 
Adobe Typekit Fonts
On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online service pursuant to Art. 6 paragraph 1 (f) GDPR), we use external “Typekit” fonts supplied by Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Republic of Ireland. Adobe is certified under the Privacy Shield agreement and therefore guarantees compliance with European data protection legislation.

(As at: 5.6.2018)