Dessctrl.ch Privacy & Data Use Policy
Effective date: August, 24th, 2018
J. Schmid (“I”, “me” or “we”, “us”) operates the www.dessctrl.ch website and its subdomains (the “Service”).
Welcome to our data policy! Here you will find all necessary information about the nature, scope and purpose of the personal data that is collected, how we process your data and how you may opt out from our being counted by the analytics tools. Moreover, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled. Dessctrl.ch is a research project website and has no commercial interest or political affiliation.
The processing of personal data, such as the name and e-mail address of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Dessctrl.ch. We use your data to provide and improve Dessctrl.ch. By using our Service, you agree to the collection and use of information in accordance with this policy.
The controller of Dessctrl.ch, has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed.
The present data use policy is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Data use policies should be legible and understandable for everyone. To ensure this, I would like to first explain the terminology used.
By “service” we mean the Dessctrl.ch website and its subdomains.
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, location data, an online identifier (e.g. e-mail address) of that natural person.
Data subject (user)
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing (anyone who is using the service and is the subject of personal data).
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not 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.
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small pieces of data (it’s a text file) stored on your device (computer or mobile device).
Controller responsible for the processing
Data Controller denotes the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. 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.
The processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. On Dessctrl.ch we use the services of third-party companies Limesurvey.org, Google ReCaptcha, Akismet Anti-Spam and Contact Form 7.
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 European Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
A 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.
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. Name and address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
3. Types of data collected on Dessctrl.ch
While using the Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- Data entered in surveys on survey.Dessctrl.ch
- Usage Data
We do not use personal data to contact you, unless you indicate you wish to be contacted. This may happen only for questions & coordination in scientific surveys.
We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
We use the Word Press Plugin “Jetpack” by Automattic to collect statistics for our website. Please visit the Automattic privacy page for their terms.
What are cookies?
Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.
When you use and access the Service, we may place a number of cookies files in your web browser.
On Dessctrl.ch, cookies may be used for the following purposes:
- To enable certain functions of the Service
- To provide analytics
Tracking Cookies Data
Examples of types of cookies we may use:
- Session Cookies. We may use Session Cookies to operate our Service.
- Preference Cookies. We may use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We may use Security Cookies for security purposes.
In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service.
Currently, the standard WordPress installation we use has installed Google Fonts. To fight off spammers and bots, I have installed the Google ReCaptcha functionality and Automattic’s “Akismet Anti-Spam” and “JetPack” plugins. All these functionalities set a variety of cookies, for details see section 5 of this privacy & data use policy, under the subheading “Automattic’s “Akismet Anti-Spam” and “Jetpack” plugins for Word Press.”
If you want to opt out of having third-party cookies downloaded to your computer, consult the next section “what are your choices regarding cookies”. Read on!
What are your choices regarding cookies
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
- For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050
- For the Internet Explorer web browser, please visit this page from Microsoft: http://support.microsoft.com/kb/278835
- For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
- For the Safari web browser, please visit this page from Apple: https://support.apple.com/kb/PH21411?locale=en_US
- For any other web browser, please visit your web browser’s official web pages.
Where can you find more information about cookies
You can learn more about cookies and the following third-party websites:
- AllAboutCookies: http://www.allaboutcookies.org/
- Network Advertising Initiative: http://www.networkadvertising.org/
4. Use of Data
Dessctrl.ch uses the collected data for various purposes:
- To research: data entered in a survey is used for scientific purposes only and will only be made available to the public in a way that the person filling in the survey cannot be identified. If we want to publish individual-level survey data, we ask the survey respondent for written consent by e-mail before we use this data.
- To provide and maintain our Service,
- To allow you to participate in interactive features of our Service when you choose to do so,
- To gather analysis or valuable information so that we can improve our Service,
- To monitor the usage of our Service,
- To comply with the law.
5. Service Providers
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
On Dessctrl.ch, we use the following third-party service providers:
LimeSurvey is an open source online survey application. Surveys can be either publicly accessible or be strictly controlled through the use of “once-only” tokens for each survey participant. Additionally, results can be anonymous. LimeSurvey allows the separation of participants data and result data, even for controlled surveys. The self-hosted LimeSurvey package (which we have) does not transmit any of its data (existing or entered) to any third-party. LimeSurvey is an open source product – as so you can examine it yourself at your convenience. LimeSurvey is released under the GNU/GPL license.
Contact Form 7
Automattic’s “Akismet Anti-Spam” and “Jetpack” plugins for Word Press
This feature only records activities of a site’s registered users, and the retention duration of activity data will depend on the site’s plan and activity type.
Data Used: To deliver this functionality and record activities around site management, the following information is captured: user email address, user role, user login, user display name, WordPress.com and local user IDs, the activity to be recorded, the WordPress.com-connected site ID of the site on which the activity takes place, the site’s Jetpack version, and the timestamp of the activity. Some activities may also include the actor’s IP address (login attempts, for example) and user agent.
Activity Tracked: Login attempts/actions, post and page update and publish actions, comment/pingback submission and management actions, plugin and theme management actions, widget updates, user management actions, and the modification of other various site settings and options. Retention duration of activity data depends on the site’s plan and activity type. See the complete list of currently-recorded activities (along with retention information).
Data Synced: Successful and failed login attempts, which will include the actor’s IP address and user agent.
Data Used: In order to process a comment like, the following information is used: WordPress.com user ID/username (you must be logged in to use this feature), the local site-specific user ID (if the user is signed in to the site on which the like occurred), and a true/false data point that tells us if the user liked a specific comment. If you perform a like action from one of our mobile apps, some additional information is used to track the activity: IP address, user agent, timestamp of event, blog ID, browser language, country code, and device info.
Activity Tracked: Comment likes.
Anti-Spam Functionalities of Contact Form
Data Used: The contact form submission data — IP address, user agent, name, email address, website, and message — is submitted to the Akismet service (owned by Automattic) for the sole purpose of spam checking. The actual submission data is stored in the database of the site on which it was submitted and is emailed directly to the owner of the form (i.e. the site author who published the page on which the contact form resides). This email will include the submitter’s IP address, timestamp, name, email address, website, and message.
Data Synced: Post and post meta data associated with a user’s contact form submission. If Akismet is enabled on the site, the IP address and user agent originally submitted with the comment are synced, as well, as they are stored in post meta.
Data Used: In order to record page views via WordPress.com Stats (which must be enabled for page view tracking here to work) with additional loads, the following information is used: IP address, WordPress.com user ID (if logged in), WordPress.com username (if logged in), user agent, visiting URL, referring URL, timestamp of event, browser language, country code.
Activity Tracked: Page views will be tracked with each additional load (i.e. when you scroll down to the bottom of the page and a new set of posts loads automatically). If the site owner has enabled Google Analytics to work with this feature, a page view event will also be sent to the appropriate Google Analytics account with each additional load.
Data Used: Commenter’s name, email address, and site URL (if provided via the comment form), timestamp, and IP address. Additionally, a jetpack.wordpress.com IFrame receives the following data: WordPress.com blog ID attached to the site, ID of the post on which the comment is being submitted, commenter’s local user ID (if available), commenter’s local username (if available), commenter’s site URL (if available), MD5 hash of the commenter’s email address (if available), and the comment content. If Akismet (also owned by Automattic) is enabled on the site, the following information is sent to the service for the sole purpose of spam checking: commenter’s name, email address, site URL, IP address, and user agent.
Activity Tracked: The comment author’s name, email address, and site URL (if provided during the comment submission) are stored in cookies. Learn more about these cookies.
Data Synced: All data and metadata (see above) associated with comments. This includes the status of the comment and, if Akismet is enabled on the site, whether or not it was classified as spam by Akismet.
Data Used: In order to process a post like action, the following information is used: IP address, WordPress.com user ID, WordPress.com username, WordPress.com-connected site ID (on which the post was liked), post ID (of the post that was liked), user agent, timestamp of event, browser language, country code.
Activity Tracked: Post likes.
Data Used: A visitor’s preference on viewing the mobile version of a site.
Activity Tracked: A cookie (akm_mobile) is stored for 3.5 days to remember whether or not a visitor of the site wishes to view its mobile version. Learn more about this cookie.
Data Used: In order to check login activity and potentially block fraudulent attempts, the following information is used: attempting user’s IP address, attempting user’s email address/username (i.e. according to the value they were attempting to use during the login process), and all IP-related HTTP headers attached to the attempting user.
Activity Tracked: Failed login attempts (these include IP address and user agent). We also set a cookie (jpp_math_pass) for 1 day to remember if/when a user has successfully completed a math captcha to prove that they’re a real human. Learn more about this cookie.
Data Synced: Failed login attempts, which contain the user’s IP address, attempted username or email address, and user agent information.
Data Used: To initiate and process subscriptions, the following information is used: subscriber’s email address and the ID of the post or comment (depending on the specific subscription being processed). In the event of a new subscription being initiated, we also collect some basic server data, including all of the subscribing user’s HTTP request headers, the IP address from which the subscribing user is viewing the page, and the URI which was given in order to access the page (REQUEST_URI and DOCUMENT_URI). This server data used for the exclusive purpose of monitoring and preventing abuse and spam.
Activity Tracked: Functionality cookies are set for a duration of 347 days to remember a visitor’s blog and post subscription choices if, in fact, they have an active subscription.
Data Used: IP address, WordPress.com user ID (if logged in), WordPress.com username (if logged in), user agent, visiting URL, referring URL, timestamp of event, browser language, country code. Important: The site owner does not have access to any of this information via this feature. For example, a site owner can see that a specific post has 285 views, but he/she cannot see which specific users/accounts viewed that post. Stats logs — containing visitor IP addresses and WordPress.com usernames (if available) — are retained by Automattic for 28 days and are used for the sole purpose of powering this feature.
6. Legal basis for processing personal data under General Data Protection Regulation (GDPR)
If you are from the European Economic Area (EEA), our legal basis for collecting and using the personal information described in this data use policy is Art. 6(1) lit. a GDPR.
We may process your Personal Data because:
- You have given us permission to do so,
- The processing is in our legitimate interests and it’s not overridden by your rights,
- To comply with the law.
7. Retention of Data
Dessctrl.ch will retain your Personal Data only for as long as is necessary for the purposes set out in this data use policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
Dessctrl.ch will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Period for which the personal data will be stored
There is no automatic deletion of user data. Dessctrl.ch will, of course, honor any request to permanently delete and stop public display of such data by means of an e-mail to the data controller. Such request may take up to 4 weeks to process.
8. Security of data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this data use policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
9. Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside Switzerland and choose to provide information to us, please note that we transfer the data, including Personal Data, to Switzerland and process it there.
Your consent to this Data Use Policy followed by your submission of such information represents your agreement to that transfer.
10. Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, Dessctrl.ch may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
The data controller of Dessctrl.ch may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation,
- To protect and defend the rights or property of Dessctrl.ch,
- To prevent or investigate possible wrongdoing in connection with the Service,
- To protect the personal safety of users of the Service or the public,
- To protect against legal liability.
Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
Contact possibility via the website
The Dessctrl.ch-website contains information that enables a quick electronic contact, which also includes a contact form. If a data subject contacts the controller by the contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
11. Links to other sites
12. Rights of the data subject
Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Dessctrl.ch or its service providers, he or she may, at any time, contact the controller. The controller shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The data controller of Dessctrl.ch will arrange the necessary measures in individual cases.
Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Dessctrl.ch or any Dessctrl.ch-accounts of our service providers, he or she may at any time contact the controller. The controller will arrange the restriction of the processing.
Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact the Dessctrl.ch data controller.
Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR.
Dessctrl.ch shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by Dessctrl.ch for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact the data controller. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the Dessctrl.ch data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact the Dessctrl.ch data controller.
Dessctrl.ch does not use automatic decision-making or profiling and does not plan to in the future.
Right to withdraw from data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact the Dessctrl.ch data controller.
13. Changes to this data use policy
We may update our data use policy from time to time. We will notify you of any changes by posting the new data use policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this data use policy.
You are advised to review this data use policy periodically for any changes. Changes to this data use policy are effective when they are posted on this page.
14. Contact Us
If you have any questions about this data use policy, please contact us:
- By email: see contact form
- By snail mail: Fabrikstrasse 8, 3011 Bern, Switzerland