Privacy Protection

Thank you for your interest in our website. The protection of your privacy and personal data is very important to us.

This privacy policy describes how I, Lukas Wagner, Birkenstrasse 13, CH-4104 Oberwil (hereinafter „Lukas Wagner Photography“, „we“ or „us“), as the operator of this website, process personal data.

Personal data is any information that relates to a specific or identifiable person. This includes, for example, your name, e-mail address, home address, telephone number or date of birth. The term „process“ includes any handling of personal data, regardless of the means and procedures used, in particular obtaining, storing, using, reworking, disclosing, archiving or destroying personal data.

You can visit our websites and use many of our offers without having to tell us who you are. For some of our offers, however, it may be necessary for you to provide us with personal data. Which personal data we collect from you depends on the specific offer or the respective interaction with us. This privacy statement contains more detailed information on this. If you decide not to provide the personal data we request, this may mean that you cannot use certain offers or that we cannot process your request.

1. Changes

This privacy policy is not a final regulation. It may be amended by us at any time by publication on this website. The current version published on this website applies.

2. Contact details

Lukas Wagner is the data controller for the data processing activities described in this privacy statement. Requests from supervisory authorities and data subjects are possible by e-mail or letter post to:

Lukas Wagner
Birkenstrasse 13
4104 Oberwil

contact@lukaswagnerphoto.ch

3. Data processing in general

3.1 Purposes of data processing

We process personal data in order to offer and provide products and services, for advertising and marketing (unless you object), to enable full access to our websites, to operate, improve and develop them, to analyze the use of our websites and our offers, to detect, investigate and prevent attacks on our websites and our infrastructure, to communicate with you and to be able to defend and enforce legal claims.

These processing purposes are described in more detail and supplemented in section 4.

3.2 Legal basis of data processing

We process personal data in accordance with Swiss data protection law. Furthermore, we process personal data – to the extent and insofar as the General Data Protection Regulation (GDPR) is applicable – on the basis of the following legal bases, which may be additional to the legal bases listed in section 4:

  • Art. 6 para. 1 lit. a DSGVO serves as the legal basis for the processing of personal data for which we obtain the consent of the data subject.
  • Art. 6 para. 1 lit. b DSGVO serves as the legal basis for the necessary processing of personal data for the fulfillment of a contract with the data subject as well as for the implementation of corresponding pre-contractual measures.
  • Art. 6 para. 1 lit. c DSGVO serves as the legal basis for the required processing of personal data for the fulfillment of a legal obligation to which we are subject according to any applicable law of the EU or according to any applicable law of an EEA state.
  • Art. 6 para. 1 lit. d DSGVO serves as the legal basis for the necessary processing of personal data to protect vital interests of the data subject or another natural person.
  • Art. 6 para. 1 lit. f DSGVO serves as the legal basis for the necessary processing of personal data to protect the legitimate interests of us or of third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests are in particular our business interest in being able to provide, analyze and further develop our websites, advertising and marketing, the sale of goods and provision of services, information security, defense and enforcement of legal claims and compliance with Swiss law.

3.3 Disclosure of personal data to third parties

In the course of our business activities and the processing or purposes described in this privacy policy, we will – if permitted – transfer personal data to third parties or disclose personal data to these third parties. These third parties, who may process this data for us or for their own purposes or who may take note of this data in the course of their activities for us, include in particular:

  • (IT) service providers and processors used by us (this includes, for example, the providers of website hosting, newsletter dispatch, analysis, social media, map and web fonts services mentioned in section 4.
  • Credit institutions for payment processing;
  • persons authorized by us (for example, employees entrusted with processing);
  • other recipients with your permission or if this is necessary to enforce our rights, in particular to enforce claims arising from the contractual relationship with you.

Third parties may be located in Switzerland or abroad. We transmit personal data abroad in principle only

  1. to countries of the European Union or the European Economic Area,
  2. to countries which, according to the Swiss Federal Data Protection Commissioner or the European Commission, have an adequate level of data protection, which may also be the case on the basis of a Privacy Shield self-certification, or
  3. to countries for which we have provided appropriate safeguards, in particular by ensuring an adequate level of protection through standard contractual clauses of the European Commission (which can be downloaded here [„https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=CELEX:32010D0087„]) or through recognized Binding Corporate Rules. You can request a copy of such contractual guarantees via our contact details. However, we reserve the right to black out corresponding copies for reasons of confidentiality or to provide only excerpts.

We may also base our transfer abroad on legal exceptions, including in particular your consent, the performance of a contract with you, important reasons of public interest, the assertion, exercise or defense of legal claims or the protection of vital interests.

3.4 Duration of the retention of personal data

We process personal data for the period of time required to achieve the respective purposes. In addition, we process or store personal data in order to comply with statutory retention and documentation obligations or if our legitimate business interests require this (in particular for the assertion, exercise or defense of legal claims).

Personal data will be deleted or made anonymous as soon as they are no longer required for the processing or storage purposes stated in this data protection declaration.

3.5 Data security

We take appropriate technical and organizational security measures to protect the personal data we process, in particular against manipulation, partial or complete loss or unauthorized access by third parties.

Access to our websites is via transport encryption (SSL/TLS).

3.6 Rights of data subjects

If provided for in applicable data protection law and if the relevant requirements are met, you may have the following rights against us with respect to personal data concerning you:

  1. A right to obtain confirmation as to whether your personal data is being processed by us and, if so, a right to obtain information about such personal data and its processing.
  2. A right to rectification or deletion of your personal data.
  3. A right to restrict processing.
  4. A right to object to processing.
  5. A right to portability of the personal data you provide.
  6. A right to revoke consent given at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation. In the event of a revocation, it may not be possible for us to conclude a contract with you or to fulfill any existing contract. This may lead to premature termination of the contract or cost consequences
  7. A right of appeal to the competent supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC; https://www.edoeb.admin.ch).

4. Data processing in connection with our websites

4.1 Provision and operation of the websites

Whenever you visit one of our websites, a number of general information is transmitted from your browser to the website hosting servers and stored in log files.

For example, your Internet protocol address (IP address), the date and time of your visit, the referring website and the website you are visiting, your browser, operating system and Internet service provider, certain cookies (see also section 4.6), location information and other similar information that is used to avert risks in the event of attacks on our information technology systems.

The purpose of processing this general information is (a) to display our website and its content and offers correctly and to ensure data traffic, (b) to optimize our website, content and offers, (c) to ensure the stability and security of our websites and systems on a permanent basis, and (d) to enable the clarification, defense and prosecution of cyber attacks, spam and other unlawful acts in relation to our websites and systems and to enforce claims in this regard. This is our legitimate interest in processing within the meaning of Art. 6 para. 1 lit. f DSGVO.

For the hosting of the website, we may use services of third parties in Switzerland and abroad, which perform the above processing on our behalf.

Currently, our websites are hosted exclusively by Swiss hosting providers and on servers in Switzerland.

4.2 Contact forms and contact

On our websites, we offer the possibility that you can contact us via contact forms or the contact details provided. When contacting us using the contact form, you will be asked to enter all the necessary information that we need to process the contact and communicate with you. Without this required information, it will not be possible for us to communicate with you. We store or process the information that you yourself enter in the input masks or otherwise provide to us. If you contact us by e-mail, we store the information transmitted with the e-mail. In order to combat abuse, in particular identity theft and spam, we also store your IP address as well as the time and date of your contact.

When you use contact forms on our websites, they are encrypted. If you contact us by e-mail or enter your e-mail address in the contact form, you agree that we can also communicate with you by e-mail. Please note that our e-mail messages are not encrypted.

By contacting us, you consent to the processing of your personal data for the purpose of communicating with you and dealing with any concerns you may have. Your contact constitutes a legal basis for processing within the meaning of Art. 6 para. 1 lit. a DSGVO. Furthermore, our legitimate interest in processing within the meaning of Art. 6 Para. 1 lit. f DSGVO lies in communicating with you, dealing with any concerns you may have and combating abuses. If the purpose of contacting you is to conclude a contract, Art. 6 para. 1 lit. b DSGVO is an additional legal basis for processing.

4.3 Cookies

We use so-called „cookies“ on our websites. Cookies are small text files that are stored by your browser on your computer or mobile device. They are used to collect certain information while navigating a website and to retrieve it during your current browser session or on future visits. Cookies make it possible to recognize the browser you are using or to temporarily store entries you have made. Cookies also help us to make our website more user-friendly, effective and secure.

We distinguish between so-called „first party cookies“, which are set by us, and so-called „third party cookies“, which are set by third parties, such as web analytics services or social networks. According to the duration of their existence, we further distinguish so-called „session cookies“ and „persistent cookies“. Session cookies store information used during your current browser session. They are automatically deleted after you close your browser. Persistent cookies, are only deleted after a certain period of time or remain stored on your terminal device until they are deleted by you. Persistent cookies make it possible, for example, to recognize your browser on your next visit, to support the completion of forms, to save your usage settings or to display advertising and offers tailored to you. We then distinguish between necessary cookies and non-necessary cookies. Necessary cookies are required to provide our websites and the functions contained therein (such as webshops). This is our legitimate interest in processing within the meaning of Art. 6 (1) lit. f DSGVO. Most of our first party cookies are necessary session cookies. Third party cookies are non-essential persistent cookies.

When you access our websites, you will be informed about the use of cookies. You have the option to consent to the use of all cookies or to allow only necessary cookies and thus reject the use of persistent third-party cookies. Your consent constitutes a legal basis for processing within the meaning of Art. 6 (1) lit. a DSGVO. Please note that third party cookies only become active after you have given your consent to the use of all cookies. Incidentally, you can set your browser to prevent the setting of cookies and thus permanently object to the setting of cookies. You can then delete cookies that have already been set in your browser. As a rule, you can also configure your browser so that you are informed about the setting of cookies.

If you deactivate cookies in the browser or only agree to the use of necessary cookies, this may restrict the functionality of our websites. With some exceptions, however, the content of our websites can generally be accessed.

4.4 Social Media

We have included links to various social networks on our websites (for example, Facebook, Instagram, Twitter, YouTube).

In doing so, we have refrained from integrating so-called social plug-ins, (such as a „Like“ button), as these social plug-ins can establish a direct connection to the respective server of the social network as soon as a page is called up on which such a social plug-in is integrated.

Instead, we use links to the social networks that are marked with the symbol/icon of the respective social network. If you click on such a link, you will be connected to the website of the respective social network. The data protection provisions of the respective social network apply there.

4.5 Web Fonts

Some of our websites use so-called web fonts. Web fonts enable a uniform display of fonts on our websites without the corresponding fonts having to be installed on your end device. This is our legitimate interest in processing within the meaning of Art. 6 (1) lit. f DSGVO.

We use web fonts provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA („Google“). When you access our websites, your browser connects to Google’s servers and loads the required web fonts into your browser cache. In doing so, Google obtains knowledge that one of our websites was called up via your IP address.

If your browser does not support web fonts, a default font from your computer is displayed instead. For more information about Google Web Fonts and data processing by Google, please visit https://developers.google.com/fonts/faq and https://www.google.com/privacypolicy.html.

5. Contents and links to other websites

We endeavor to ensure that the information on our websites is correct, but we do not assume any obligation to ensure this, nor do we guarantee that the content is complete, correct and up-to-date and/or that the websites or their content will remain accessible. Our websites contain links to other websites. We assume no responsibility for the content of linked websites or for their data protection standards. To the fullest extent permitted by law, we disclaim all liability to you or any third party for any loss or damage of any kind incurred as a result of the use of, or inability to use, or reliance on any content on our websites or any external websites and content linked to or from our websites by links or otherwise.