Terms and Condition
1. General
Based on Article 13 of the Swiss Federal Constitution and the provisions of the
Federal Act on Data Protection (FADP) and, where applicable, the EU General Data
Protection Regulation (GDPR), every person has the right to privacy and protection
from misuse of their personal data. Elian Real Estate AG (hereinafter “we” or “us”)
takes the protection of your personal data very seriously and processes it in
accordance with the applicable data protection regulations and this privacy policy.
In cooperation with our hosting providers, we take appropriate technical and
organisational measures to protect your data from unauthorised access, loss,
misuse, manipulation or other falsification. Please note, however, that data
transmission over the Internet (especially when communicating by e-mail) may be
subject to security vulnerabilities and that absolute protection against access by
third parties cannot be guaranteed.
2. Terms
Personal data is any information relating to an identified or identifiable natural
person. The data subject is the person whose personal data is being processed.
Processing means any handling of personal data, regardless of the means and
procedures used, in particular the collection, storage, retention, use, modification,
disclosure, transmission, archiving, deletion or destruction of data.
3. Purposes and legal basis of data processing
We process personal data primarily to provide our website, to provide and improve
our brokerage and real estate services, and to communicate with you (e.g. via
contact form, email, telephone or other communication channels).
Insofar as and to the extent that the GDPR applies, we base the processing of your
personal data in particular on the following legal bases within the meaning of Art.
6(1) GDPR:
• Art. 6(1)(a) GDPR: processing with the consent of the data subject;
• Art. 6(1)(b) GDPR: processing for the performance of a contract or in order to take
steps prior to entering into a contract;
• Art. 6(1)(c) GDPR: processing to fulfil a legal obligation;
• Art. 6(1)(d) GDPR: processing to protect vital interests;
• Art. 6 para. 1 lit. f GDPR: Processing to safeguard our legitimate interests or those
of a third party, unless the interests or fundamental rights and freedoms of the data
subject prevail.
Our legitimate interests include, in particular, the operation and further
development of the website, ensuring information security, exercising or enforcing
legal claims, and complying with Swiss law.
4. Retention period
We process and store personal data only for as long as is necessary to fulfil the
respective purpose or if there is a legal obligation to retain or document the data.
Once the purpose of processing has ceased to apply or the statutory retention
periods have expired, the data will be deleted, anonymised or its processing will be
limited to the minimum necessary.
5. Visiting the website and server log files
It is generally possible to visit our website without providing any personal data.
However, when you access our pages, certain technical information is automatically
transmitted to us or our hosting provider by your browser and stored in log files
(e.g. IP address, date and time of access, name and URL of the file accessed, website
from which access is made, browser and operating system used). This data is used
exclusively for statistical purposes, to ensure the operation and optimisation of our
website; it does not generally allow us to draw any conclusions about your identity.
6. Cookies and similar technologies
Our website uses cookies and similar technologies. These are small text files that are
stored on your device and may contain information about your visit to our website.
Cookies enable us in particular to analyse the frequency of use of certain areas of the
website, improve the user experience and make our website more user-friendly
overall.
You can configure your browser so that no cookies are accepted or so that a
message is displayed before a new cookie is set. In addition, cookies that have
already been stored can be deleted at any time. Please note that if you deactivate
cookies, you may not be able to use all the functions of our website to their full
extent.
7. SSL/TLS encryption
For security reasons and to protect the transmission of confidential content (e.g.
enquiries via the contact form), our website uses SSL/TLS encryption. You can
recognise an encrypted connection by the fact that the address line of the browser
changes from “http://” to “https://” and a lock symbol appears in the browser line.
If encryption is activated, the data you transmit cannot be read by third parties.
8. Third-party services
We may use third-party services on our website, for example to embed maps (e.g.
Google Maps), to integrate videos (e.g. YouTube) or to protect against bots and spam
(e.g. reCAPTCHA). These providers may use cookies and similar technologies to
collect information about the use of the website and process it for their own
purposes.
Some of these third-party providers are located in countries without adequate data
protection standards. In such cases, we ensure that appropriate safeguards are in
place in accordance with applicable data protection law (e.g. standard contractual
clauses or other recognised instruments). For further information, please refer to
the privacy policies of the respective third-party providers.
9. Contact form and other communication
If you contact us via the contact form, by email, by telephone or by other means, we
will process the information you provide (e.g. name, contact details, content of the
enquiry) for the purpose of processing your request and any follow-up questions.
Depending on the circumstances, the data is processed for the purpose of
implementing pre-contractual measures, fulfilling the contract, on the basis of your
consent or on the basis of our legitimate interests in efficient and customer-friendly
communication.
10. Newsletter
If you subscribe to a newsletter, we will use your email address and any other
information you provide to send you regular information about our offers and
services. You can subscribe using the double opt-in procedure, which means that
after subscribing, you will receive an email asking you to confirm your subscription.
You can revoke your consent to receive the newsletter at any time with future effect,
e.g. via the unsubscribe link contained in each newsletter or by notifying us
accordingly. In this case, your data will be deleted from the newsletter distribution
list.
11. Web analysis (e.g. Google Analytics)
We may use web analysis services (e.g. Google Analytics) to design our website in
line with requirements and to continuously optimise it. These services generally use
cookies to collect usage information such as browser type, operating system used,
origin of visitors, length of stay or pages accessed.
The information generated by cookies about your use of the website may be
transferred to servers abroad and stored there. We only use web analysis services
with IP anonymisation enabled, so that your IP address is truncated before
transmission and no longer directly linked to you as an individual. Processing is
based on our legitimate interests in the statistical evaluation of website usage and
the optimisation of our offering.
12. Social media and plugins (e.g. Facebook, LinkedIn)
Our website may contain links to social networks (e.g. Facebook, LinkedIn) or social
media plugins. When you visit a page with such a plugin, a direct connection to the
servers of the respective provider may be established. This may result in certain
information (in particular your IP address and other usage data) being transmitted
to the provider.
If you are logged in to the respective service, it can assign your visit to our profile. If
you do not want this to happen, please log out of the respective service before
visiting our website. For the purpose and scope of data collection and your rights in
this regard, please refer to the respective provider’s privacy policy.
13. Audio and video conferences
We may use audio and video conferencing services (e.g. Zoom or similar providers)
for meetings with customers and business partners. Depending on the service, this
involves processing identification and contact details, communication content,
session metadata and technical information (e.g. IP address).
Processing is carried out for the purpose of fulfilling the contract or implementing
pre-contractual measures, as well as on the basis of our legitimate interests in
efficient and modern communication. The data protection provisions of the
respective service provider also apply.
14. Special features of brokerage and consulting services
As part of our activities as a real estate broker, in addition to the above-mentioned
data, we also process in particular inventory and contact data of our customers
(name, address, contact details), property and contract data (e.g. details of
properties, rental or purchase properties, conditions, terms) and, where necessary,
financial and creditworthiness information.
If special categories of personal data within the meaning of Art. 9 GDPR (e.g. health
data) are required for the provision of our services and the GDPR is applicable, we
obtain the express consent of the data subject for this purpose, unless another legal
basis applies.
Personal data will only be passed on if this is necessary for the fulfilment of the
brokerage contract (e.g. to interested parties, contractual partners, financial
institutions, authorities or other service providers involved) or if there is a legal
obligation to do so.
15. Rights of data subjects
Data subjects are entitled to the following rights in particular under the applicable
data protection law:
• Right to information about the personal data we process;
• Right to correction of incorrect or incomplete personal data;
• Right to erasure (“right to be forgotten”), provided that there are no legal
retention obligations to the contrary;
• Right to restriction of processing;
• Right to data portability, where applicable;
• Right to withdraw consent at any time with effect for the future;
• Right to object to certain data processing, in particular direct marketing.
To exercise these rights, you can contact the data protection officer at the above
address in writing or by email at any time. If necessary, your identity must be
verified (e.g. by providing a copy of your ID). You also have the right to lodge a
complaint with a competent supervisory authority.
16. Objection to advertising emails
We hereby expressly object to the use of the contact details published in the imprint
or elsewhere for sending unsolicited advertising and information material. We
reserve the right to take legal action in the event of unsolicited advertising
information being sent, for example in the form of spam emails.
17. Copyright
Unless otherwise stated, the copyright and all other rights to the content, images,
photos and other files on this website are held by Elian Real Estate AG or the
expressly named rights holders. Any reproduction, distribution, editing or other use
of such content is prohibited without the prior written consent of the rights holders
and may result in civil and criminal penalties.
18. Disclaimer
All information on our website has been checked with the greatest possible care.
Nevertheless, we cannot guarantee the accuracy, completeness and timeliness of the
information provided. Liability claims against us for material or immaterial damage
resulting from the use or non-use of the published information, misuse of the
connection or technical faults are excluded to the extent permitted by law.
We expressly reserve the right to change, supplement or delete parts of the pages or
the entire offer without prior notice or to discontinue publication temporarily or
permanently.
We accept no responsibility for the content and availability of third-party websites
to which we refer via links. The respective operators are solely responsible for such
external content.
19. Final provisions
We may amend this privacy policy at any time without prior notice. The current
version published on our website is authoritative. We therefore recommend that
you consult this policy at regular intervals.