Privacy Policy
Version dated 01.09.2023
1. Introduction
Our notary and law office based in Saanen respects your privacy. We are committed to handling all information and data obtained or received about you carefully, responsibly and in compliance with applicable data protection legislation.
Below you will find information on how we process your personal data when you use our services, communicate with us, maintain a relationship with us, or otherwise interact with our office.
Whenever we perform our core professional activities (in particular public notarisation, all related preparatory and execution activities, and legal services), the Cantonal Data Protection Act of the Canton of Bern generally applies.
2. Contact Details
The controller responsible for processing your personal data is:
Notariat und Advokatur Matti & Matti
Bahnhofstrasse 1
3792 Saanen
david.matti@matti-law.ch
For any requests concerning the protection of your personal data, you may contact us by e-mail or by post at the address above.
3. Personal Data
“Personal data” means any information relating to an identified or identifiable natural person. This includes, among other things, name, contact details, email address, title, information about the company for which you work, telephone number, date of birth, social security number (AHV), client history, powers of attorney, signature authorisations, consent declarations, financial information such as payment details, IP address, contractual data arising in connection with the conclusion or performance of a contract or legal services, as well as any other information relating to you. Statistical or anonymised data that cannot be directly linked to an individual is not considered personal data.
We obtain this data either directly from you or from involved third parties such as contracting parties, authorities, courts, banks, insurance companies or opposing parties. Where legally permitted, we may also collect information from public registers or websites.
If you provide us with personal data relating to other persons, we assume that you are authorised to do so, that such data is accurate, and that the persons concerned have been informed and have given their consent where required.
A “data subject” is a natural person whose personal data is processed. “Processing” means any operation performed on personal data, including collection, storage, retention, use, modification, disclosure, archiving, deletion or destruction.
The principles governing the processing of personal data also apply to general enquiries and to the handling of notarial or legal mandates, even if no contractual or mandate relationship is ultimately established.
Email communication is not considered a secure means of communication. In particular, it does not meet the requirements for the transmission of especially sensitive personal data or communications protected by legal professional privilege. Anyone communicating with us by email agrees that replies may also be sent by email.
4. Legal Basis and Purposes of Data Processing
We process your personal data primarily in connection with our contractual relationship with you and, where applicable, with involved third parties. This processing serves the purpose of initiating, concluding, administering and performing contracts as well as providing legal services, including:
- enquiries with banks, insurance companies, asset managers and non-public registers;
obtaining powers of attorney;
closing bank accounts;
collecting private documents required for the preparation of inventories;
receiving and disbursing funds in connection with the execution of notarised agreements;
drafting articles of association and contracts that do not require notarisation;
conducting contractual negotiations;
providing legal and tax advice;
acting in fiduciary capacities;
serving as executor of estates;
and providing other services such as negotiations with authorities and representation before courts. - We also process data in connection with the substantive, formal and organisational management of legal, notarial and advisory matters.
- Services rendered in a specific matter are recorded as a basis for invoicing and bookkeeping.
- We maintain our accounts in accordance with applicable accounting regulations.
In addition, we process your personal data and the data of other persons where this is lawful and appears appropriate to us, particularly for the following purposes in which we have a legitimate interest:
- ensuring and improving the operation of our business, especially our IT systems and website;
- maintaining IT and facility security;
- risk management within the framework of our corporate governance;
- analysing IP addresses and country information solely for the protection of our website infrastructure and for statistical purposes.
We may also process your data based on your consent, including:
- for marketing purposes, relationship management and the improvement of our services and operations (for example through events), provided that you have not objected to such use of your data;
- for communication with you and with the categories of recipients listed in section 6 (for example in connection with online meetings).
Where processing is based on your consent, you may withdraw that consent at any time. Such withdrawal does not affect processing already carried out.
Further processing may also take place in order to comply with legal, regulatory or administrative obligations imposed upon us, including statutory retention requirements.
5. Applications
When applying for a position, you may submit your application either by post or electronically, for example through our website. In the case of digital applications and unsolicited applications, applicant and application data are stored and processed electronically for the purpose of conducting the recruitment process.
If an employment contract is concluded following the recruitment process, the data submitted with your application will be retained in your personnel file for the usual organisational and administrative purposes, subject to applicable legal obligations.
If an application is rejected, the submitted data will be deleted within three months after completion of the recruitment process. Longer retention may be required by law in exceptional cases.
If you expressly consent to a longer retention period, for example for inclusion in our applicant database, your data will continue to be processed on the basis of your consent. You may withdraw your consent at any time with future effect by contacting the office referred to in section 2. Processing carried out before the withdrawal remains lawful.
6. Disclosure of Data and International Transfers
For the purposes described in section 4, it may be necessary for us to disclose your personal data to the following recipients. These recipients process your data either on our behalf, under joint responsibility, or under their own responsibility.
Where required, we ensure that recipients handle your data confidentially, in accordance with applicable legal requirements, and only for the purposes of the relevant service.
- Recipients may include:
external service providers and processors such as banks, insurance companies, fiduciaries, postal and courier services, IT providers (including email, videoconferencing and communication tools), cloud providers, and providers of analytics and marketing services; - clients, opposing parties and their legal representatives, business partners, parties involved in legal proceedings, courts, and Swiss or foreign authorities such as commercial registries.
These recipients may be located both within Switzerland and abroad. Consequently, your personal data may be processed outside Switzerland, particularly in Germany.
7. Cookies, Tracking and Other Technologies Related to the Use of Our Website
Our website uses cookies and similar technologies that enable your browser or device to be identified. A cookie is a small text file stored on your computer when you browse our website.
We use different types of cookies:
temporary session cookies that are technically necessary for the operation of the website and are automatically deleted when you leave the site;
permanent cookies that remain stored on your device and allow us to recognise your browser during future visits.
Most browsers accept cookies by default. However, you can allow or block temporary and permanent cookies independently through your browser’s security settings.
The data stored in our cookies is not linked to your personal data without your explicit consent.
7.1. Use of Google Analytics (or Alternatives)
We use Google Analytics on our website, a web analytics service provided by Google Ireland Ltd. (“Google”).
Google Analytics allows us to measure and analyse the use of our website on a general basis. For this purpose, permanent cookies are used and placed by Google.
Google may track your use of the website and combine this information with data from other websites you have visited that also use Google services. Google may use this information for its own purposes. In such cases, the processing of personal data is carried out under Google’s responsibility and subject to its privacy policy.
We have configured the service so that visitors’ IP addresses are shortened within Europe before being transferred to the United States and therefore generally cannot be traced back to a specific individual.
We have also disabled the “Data Sharing” and “Signals” settings.
Although we assume that the information shared with Google does not constitute personal data, Google may nevertheless be able to draw conclusions about your identity, create personal profiles, or link such information to an existing Google account.
You can prevent the storage of cookies by configuring your browser accordingly. Please note, however, that doing so may limit the functionality of this website.
Further information regarding Google Analytics privacy practices can be found at:
https://support.google.com/analytics/answer/6004245.
7.2. Use of Google Maps (or Alternatives)
Our website uses Google Maps, an online mapping service provided by Google LLC.
As a result, personal data may be transferred to the United States.
Google Maps allows us to display interactive maps directly on our website and enables convenient use of map functions.
When visiting our website, Google receives information that you have accessed the relevant page. This applies regardless of whether you have a Google account or are logged in.
If you are logged into Google, your data may be directly associated with your Google profile. If you do not wish this association to occur, you must log out of your Google account before using Google Maps.
Google may store this information as user profiles and use it for advertising, market research and the optimisation of its services.
Further information regarding Google’s collection, processing and protection of personal data can be found in Google’s privacy policy.
8. Retention Period
We process and retain your personal data for as long as necessary to fulfil our contractual and legal obligations or to achieve the purposes for which the data was collected.
Where possible, personal data is anonymised or deleted as soon as it is no longer required and no later than the expiry of statutory retention periods.
You may request deletion of your personal data at any time by contacting the office referred to in section 2.
We will comply with such requests unless we are legally required or otherwise justified in retaining the relevant data.
9. Rights of Data Subjects
You have the right at any time to obtain information as to whether we process personal data concerning you.
You may request:
access to your personal data;
correction of inaccurate information;
restriction of processing;
deletion of your personal data;
objection to certain disclosures of data;
return of the data you have provided to us.
You may also withdraw any consent previously granted.
Such withdrawal does not affect processing permitted by law or processing already carried out prior to the withdrawal.
To exercise your rights, please submit a written request together with proof of identity.
To exercise your rights, please submit a written request together with proof of identity.
The competent Swiss supervisory authority is:
Federal Data Protection and Information Commissioner (FDPIC)
10. Liability for Links
We have no influence over the current or future content of external websites linked from our website.
Responsibility for the content of linked websites lies solely with their respective operators.
To the extent permitted by law, we exclude all liability for damages resulting from the use or non-use of information provided on third-party websites.
11. Data Security and Technical and Organisational Measures
Please note that communication via the public Internet involves certain security risks over which we have no control.
If you wish to communicate with us through a secure channel, please contact us so that an appropriate solution can be arranged.
To protect the transmission of confidential information, our website uses SSL or TLS encryption.
A secure connection can be identified by the padlock symbol in your browser and by the use of “https://” in the address bar.
We also implement appropriate technical and organisational measures to protect personal data against unauthorised access, loss, misuse or disclosure.
These measures are regularly reviewed and updated.
Amendments
We reserve the right to amend this Privacy Policy at any time.
The version published on our website, or otherwise provided to you, shall be the applicable version.
Where changes affect you, we will inform you in an appropriate manner.
This Privacy Policy does not create any contractual or other formal legal relationship.