Data Protection Declaration

1) Information on the Collection of Personal Data and Contact Details of the Controller

1.1 We are pleased that you are visiting our website and thank you for your interest. On the following pages, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.

1.2 The controller in charge of data processing on this website, within the meaning of the General Data Protection Regulation (GDPR), is CubeServ AG, Neue Jonastrasse 52, 8640 Rapperswil, Schweiz, Tel.: +41 55 224 3000, Fax: +41 55 224 30 05, E-Mail: info@cubeserv.com. The controller in charge of the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.

1.3 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the controller). You can recognize an encrypted connection by the character string https:// and the lock symbol in your browser line.

2) Data Collection When You Visit Our Website

When using our website for information only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:

• Our visited website
• Date and time at the moment of access
• Amount of data sent in bytes
• Source/reference from which you came to the page
• Browser used
• Operating system used
• IP address used (if applicable: in anonymized form)

Data processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any concrete indications of illegal use.

3) Hosting & Content Delivery Network

AWS CloudFront (Amazon)
On our website we use the content delivery network ("CDN") "AWS CloudFront" of the service provider "Amazon" (Amazon EU S.a. r.l., 38 avenue John F. Kennedy, L-1855 Luxembourg).
A content delivery network is an online service that is used to deliver large media files (such as graphics, page content or scripts) through a network of regionally distributed servers connected via the Internet. The use of Amazon's Content Delivery Network helps us to optimize the loading speed of our website.
The processing is carried out in accordance with Art. 6 (1) 1 point f GDPR on the basis of our legitimate interest in a secure and efficient provision, as well as improvement of the stability and functionality of our website.
For more information, please refer to Amazon's privacy policy at https://docs.aws.amazon.com/en_en/AmazonCloudFront/latest/DeveloperGuide/data-protection-summary.html

4) Cookies

In order to make your visit to our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your terminal and enable us or our partner companies (third-party cookies) to recognize your browser on your next visit (persistent cookies). If cookies are set, they collect and process specific user information such as browser and location data as well as IP address values according to individual requirements. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can check the duration of the respective cookie storage in the overview of the cookie settings of your web browser.

If personal data is also processed by individual cookies set by us, the processing is carried out in accordance with Art. 6 (1) point b GDPR either for the execution of the contract or in accordance with Art. 6 (1) point f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.

Please note that you can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or generally. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You will find these for the respective browsers under the following links:

- Microsoft Edge: https://support.microsoft.com/en-us/microsoft-edge/temporarily-allow-cookies-and-site-data-in-microsoft-edge-597f04f2-c0ce-f08c-7c2b-541086362bd2

- Firefox: https://support.mozilla.org/en-US/kb/enhanced-tracking-protection-firefox-desktop

- Chrome: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en

- Safari: https://support.apple.com/en-gb/guide/safari/sfri11471/mac

- Opera: https://help.opera.com/en/latest/web-preferences/#cookies

Please note that the functionality of our website may be limited if cookies are not accepted.

5) Contacting Us

5.1 Calendly
This website uses the software "Calendly" of the provider Calendly, LLC, BB&T Tower, 271 17th St NW, Atlanta, GA 30363, USA to provide an online appointment booking function.
For the purpose of scheduling appointments, first name, surname and email address (and telephone number if a telephone appointment is requested) are collected in accordance with Art. 6 Para. 1 lit. b DSGVO and transmitted to Calendly in accordance with Art. 6 para. 1 lit. f GPDR on the basis of our legitimate interest in effective customer management and efficient appointment management and will be stored there for the purpose of organizing appointments. This may also involve data transfer to the servers of Calendly, LLC, in the USA.
After the appointment has been held or after the agreed appointment period has expired, your data will be deleted by Calendly. We have concluded an order processing agreement with Calendly, in which we oblige Calendly to protect the data of our customers in accordance with the legal requirements.
Details of Calendly's data protection policy can be found here: https://calendly.com/pages/privacy

5.2 When you contact us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration. The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided there are no legal storage obligations to the contrary.

6) Use of Client Data for Direct Advertising

6.1 Subscribe to our e-mail newsletter

If you register for our e-mail newsletter, we will regularly send you information about our offers. The only mandatory data for sending the newsletter is your e-mail address. The provision of further data is voluntary and will be used to address you personally. We use the so-called double opt-in procedure for sending the newsletter. This means that we will only send you an e-mail newsletter once you have expressly confirmed that you consent to receiving newsletters. We will then send you a confirmation e-mail asking you to confirm that you wish to receive the newsletter in future by clicking on an appropriate link.

By activating the confirmation link, you give us your consent for the use of your personal data pursuant to Art. 6 (1) point a GPPR. When you register for the newsletter, we store your IP address entered by your Internet service provider (ISP) as well as the date and time of registration for the purpose of tracing any possible misuse of your e-mail address at a later date. The data collected by us when you register for the newsletter is used exclusively for the promotional purposes by way of the newsletter. You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the responsible person named at the beginning. After unsubscribing, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data, or we reserve the right to a more extensive use your data which is permitted by law and about which we inform you in this declaration.

6.2 Sending the newsletter to existing customers

If you have provided us with your e-mail address when purchasing products, we reserve the right to regularly send you offers for products similar to those already purchased by e-mail. Pursuant to Section 7 (3) German law against unfair competition, we do not need to obtain separate consent from you. In this respect, data processing is carried out solely on the basis of our legitimate interest in personalized direct advertising pursuant to Art. 6 (1) point f GDPR. If you have initially objected to the use of your e-mail address for this purpose, we will not send you an e-mail. You are entitled to object to the future use of your e-mail address for the aforementioned advertising purpose at any time by notifying the controller named at the beginning of this document. In this regard, you only have to pay the transmission costs according to the basic tariffs. Upon receipt of your objection, the use of your e-mail address for advertising purposes will cease immediately.

7) Web Analysis Services

Google (Universal) Analytics without cookies
This website uses Google (Universal) Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google").
This website uses Google (Universal) Analytics exclusively without the use of cookies, which means that the service does not set cookies on your end device at any time.
Instead, the local memory of your browser is used to store an individual ID assigned by Google (Universal) Analytics, which enables an analysis of your use of the website. For this purpose, the ID is used to process certain user information.
The information generated by the ID about your use of this website (including the abbreviated IP address) is usually transferred to a Google server and stored there, and may also be transferred to the servers of Google LLC. in the USA.
This website uses Google (Universal) Analytics exclusively with the extension "_anonymizeIp()", which ensures anonymization of the IP address by shortening it and excludes any direct personal reference. Through the extension, your IP address will be shortened by Google within member states of the European Union or in other signatory states of the Agreement on the European Economic Area before. Only in exceptional cases will the full IP address be transferred to a Google LLC. server in the USA and shortened there. On our behalf, Google will use this information to evaluate your use of the website, to compile reports on the website activities and to provide us with further services related to the use of the website and the Internet. The IP address transmitted by your browser within the framework of Google (Universal) Analytics is combined with other Google data.
Via a special function called "Demographics", Google Analytics also enables the compilation of statistics with statements about the age, gender and interests of site visitors based on an evaluation of interest-related advertising and with the use of third-party information. This allows the definition and differentiation of user groups of the website for the purpose of target-group-optimized marketing measures. However, data sets collected via "Demographics" cannot be assigned to a specific person.
Details on the processing operations initiated and on Google's handling of data collected from websites can be found here: https://policies.google.com/technologies/partner-sites?hl=en
All processing described above will only be carried out if you have given us your express consent in accordance with Art. 6 Para. 1 letter a GDPR. Without this consent, the use of Google Analytics during your visit to our website will be omitted.
You can revoke your consent at any time with effect for the future. To exercise your right of withdrawal of consent, you can download and install the browser plugin available under the following link:
https://tools.google.com/dlpage/gaoptout?hl=en
As an alternative to the browser plugin or within browsers on mobile devices, you can revoke your consent by clicking on the following link to set an opt-out cookie that will prevent Google Analytics from collecting data within this website in the future (this opt-out cookie only works in this browser and only for this domain. If you delete your cookies in this browser, you will need to click this link again):
Disable Google Analytics
We have concluded a data processing agreement with Google for the use of Google Analytics, which obliges Google to protect the data of our site visitors and not to pass it on to third parties.
For the transmission of data from the EU to the USA, Google relies on so-called standard data protection clauses of the European Commission, which are intended to ensure compliance with the European data protection level in the USA.
Further information about Google (Universal) Analytics can be found here: https://policies.google.com/privacy?hl=en&gl=en

8) Retargeting/Remarketing/ Referral Advertising

Google Ads Remarketing
This website uses the online advertising program "Google Ads" and, within the scope of Google Ads, the conversion tracking of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). We use Google Ads to draw attention to our attractive offers on external websites with the help of advertising media (so-called Google Adwords). We can determine how successful the individual advertising measures are in relation to the data of the advertising campaigns. In this way, we pursue the concern of showing you advertising that is of interest to you, making our website more interesting for you and achieving a fair calculation of the advertising costs incurred
The conversion tracking cookie is set when a user clicks on an ad placed by Google. Cookies are small text files that are stored on your terminal device. These cookies usually lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of this website and the cookie has not yet expired, Google and we can recognize if the user has clicked on the ad and has been directed to this page. Each Google Ads customer receives a different cookie. Cookies therefore cannot be tracked across Google Ads customers’ websites. The information obtained using the conversion cookie is used to create conversion statistics for Google Ads customers who have chosen conversion tracking. Customers learn the total number of users who clicked on their ad and who were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users. The use of Google Ads may also result in the transmission of personal data to the servers of Google LLC. in the USA.
Details on the processing operations initiated by Google Ads conversion tracking and on Google's handling of data collected from websites can be found here: https://policies.google.com/technologies/partner-sites?hl=en
All processing described above, in particular the setting of cookies for the reading of information on the end device used, will only be carried out if you have given us your express consent to do so in accordance with Art. 6 (1) point a GDPR. Without this consent, Google Conversion Tracking will not be used during your visit to the website.
You can permanently disable the setting of cookies by Google Ads Conversion Tracking for advertising preferences. You may download and install the browser plug-in available at the following link: https://support.google.com/ads/answer/7395996?
Please note that certain functions of this website may not be available or may be restricted if you have deactivated the use of cookies.
Further information about Google’s privacy policy can be viewed at:
http://www.google.com/policies/technologies/ads/

9) Site functionalities

9.1 Use of YouTube Videos
This website uses the YouTube embedding function for display and playback of videos offered by the provider YouTube, which belongs to Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 ESW5, Ireland ("Google").
To this end, the extended data protection mode is used to ensure, according to provider information, that user information will only be stored once the playback function of the video is started. When the playback of embedded YouTube videos is started, the provider sets "YouTube" cookies to collect information about user behavior. According to indications from YouTube, the use of those cookies is intended, among other things, to record video statistics, to improve user-friendliness and to avoid improper actions. If you are logged in to Google, your information will be directly associated with your account when you click on a video. If you do not wish to be associated with your profile on YouTube, you must log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them. You have the right to object to the creation of these user profiles, whereby you must contact YouTube to exercise this right. When using YouTube, personal data may also be transmitted to the servers of Google LLC. in the USA.
Regardless of whether the embedded video is played back, a connection to the Google network "double click" is established when visiting this website. This may trigger further data processing beyond our control.
All processing described above, in particular the setting of cookies for the reading of information on the end device used, will only be carried out if you have given us your express consent to do so in accordance with Art. 6 (1) point a GDPR. Without this consent, Youtube-Videos will not be used during your visit to the website.
You can revoke your consent at any time with effect for the future. To exercise your revocation, please deactivate this service in the "Cookie Consent Tool" provided on the website.
Further information on YouTube's privacy policy can be found at: www.google.com/policies/privacy/.

9.2 Applications for job advertisements using a form
On our website, we offer those interested in a job the possibility to apply online using an appropriate form. In order to be included in the application process, applicants must provide us with all personal data required for a well-founded and informed assessment and selection.
The required data includes general personal information (name, address, telephone or electronic contact details) as well as performance-specific evidence of the qualifications required for a position. Where appropriate, health-related information may also be required, which, in the interests of social protection, must be given special consideration in the applicant's own person under labour and social law.
In the course of sending the form, the applicant's data will be encrypted according to the state of the art, transmitted to us, stored by us and evaluated exclusively for the purpose of processing the application.
The legal basis for these processing operations is generally Art. 6 Para. 1 lit. b, in the sense of which passing through the application procedure is considered to be the initiation of an employment contract.
Insofar as special categories of personal data within the meaning of Art. 9 para. 1 GDPR (e.g. health data such as information on the status of severely disabled persons) are requested from applicants in the context of the application procedure, processing is carried out in accordance with Art. Art. 9 para. 2 lit. b. GDPR so that we can exercise the rights arising from labour law and social security and social protection law and fulfil our obligations in this respect.
Cumulatively or alternatively, the processing of the special categories of data may also be based on Art. 9 para. 1 lit. h GDPR, if it is carried out for purposes of preventive health care or occupational medicine, for the assessment of the applicant's ability to work, for medical diagnosis, care or treatment in the health or social field or for the management of systems and services in the health or social field.
If, in the course of the evaluation described above, the applicant is not selected, or if an applicant withdraws his or her application prematurely, the data submitted on the application form will be deleted after 6 months at the latest after notification. This period is calculated on the basis of our legitimate interest in being able to answer any follow-up questions about the application and, if necessary, to comply with our obligation to provide evidence in accordance with the regulations on the equal treatment of applicants.
In the event of a successful application, the data provided will be further processed on the basis of Art. 6 para. 1 lit. b GDPR for the purposes of the employment relationship.

10) Tools and Miscellaneous

This website uses a so-called "cookie consent tool" to obtain effective user consent for cookies and cookie-based applications that require consent. The "cookie consent tool" is displayed to users in the form of an interactive user interface when they access the page, on which consent for certain cookies and/or cookie-based applications can be given by ticking the appropriate box. Through the use of the tool, all cookies/services requiring consent are only loaded if the respective user provides the corresponding consent by ticking the corresponding box. This ensures that such cookies are only set on the respective end device of the user if consent has been granted.
The tool sets technically necessary cookies to save your cookie preferences. Personal user data is generally not processed.
If, in individual cases, personal data (such as the IP address) is processed for the purpose of storing, assigning or logging cookie settings, this is done in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website.
Further legal basis for the processing is Art. 6 (1) point c GDPR. As the responsible party, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.
Further information on the operator and the setting options of the cookie consent tool can be found directly in the corresponding user interface on our website.

11) Rights of the Data Subject

11.1 The applicable data protection law grants you the following comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data:

- Right of access by the data subject pursuant to Art. 15 GDPR: You shall have the right to receive the following information: The personal data processed by us; the purposes of the processing; the categories of processed personal data; the recipients or categories of recipients to whom the personal data have been or will be disclosed; 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 personal data concerning the data subject or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling 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; the appropriate safeguards pursuant to Article 46 when personal data is transferred to a third country.

- Right to rectification pursuant to Art. 16 GDPR: You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning you and/or the right to have incomplete personal data completed which are stored by us.

- Right to erasure (“right to be forgotten”) pursuant to Art. 17 GDPR: You have the right to obtain from the controller the erasure of personal data concerning you if the conditions of Art. 17 (2) GDPR are fulfilled. However, this right will not apply for exercising the freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims.

- Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to obtain from the controller restriction of processing your personal data for the following reasons: As long as the accuracy of your personal data contested by you will be verified. If you oppose the erasure of your personal data because of unlawful processing and you request the restriction of their use instead. If you require the personal data for the establishment, exercise or defense of legal claims, once we no longer need those data for the purposes of the processing. If you have objected to processing on grounds relating to your personal situation pending the verification whether our legitimate grounds override your grounds.

- Right to be informed pursuant to Art. 19 GDPR: If you have asserted the right of rectification, erasure or restriction of processing against the controller, he is obliged to communicate to each recipient to whom the personal date has been disclosed any rectification or erasure of personal data or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed about those recipients.

- Right to data portability pursuant to Art. 20 GDPR: You shall have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format or to require that those data be transmitted to another controller, where technically feasible.

- Right to withdraw a given consent pursuant to Art. 7 (3) GDPR: You have the right to withdraw your consent for the processing of personal data at any time with effect for the future. In the event of withdrawal, we will immediately erase the data concerned, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

- Right to lodge a complaint pursuant to Art. 77 GDPR: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

11.2 RIGHT TO OBJECT

IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.

IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.

12) Duration of Storage of Personal Data

The duration of the storage of personal data is based on the respective legal basis, the purpose of processing and - if relevant – on the respective legal retention period (e.g. commercial and tax retention periods).

If personal data is processed on the basis of an express consent pursuant to Art. 6 (1) point a GDPR, this data is stored until the data subject revokes his consent.

If there are legal storage periods for data that is processed within the framework of legal or similar obligations on the basis of Art. 6 (1) point b GDPR, this data will be routinely deleted after expiry of the storage periods if it is no longer necessary for the fulfillment of the contract or the initiation of the contract and/or if we no longer have a justified interest in further storage.

When processing personal data on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection in accordance with Art. 21 (1) GDPR, unless we can provide compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

If personal data is processed for the purpose of direct marketing on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection pursuant to Art. 21 (2) GDPR.

Unless otherwise stated in the information contained in this declaration on specific processing situations, stored personal data will be deleted if it is no longer necessary for the purposes for which it was collected or otherwise processed.