Privacy Notice

SCHULER FORRER SCHUMACHER Attorneys at Law

 

1. What is this Privacy Police about?

SCHULER FORRER SCHUMACHER Attorneys at Law, hereinafter also «we»,»us», is a law firm of independent lawyers with offices in Zurich. In the course of our business activities, we collect and process personal data, in particular personal data about our clients, associated persons, counterparties, courts and authorities, correspondent law firms, professional and other associations, visitors to our website, and other entities or, in each case, their contact persons and employees (hereinafter also «you». In this Privacy Notice, we inform you about the processing of these personal date.

If you disclose data to us about other persons (e.g. family members, representatives, counterparties, or other associated persons), we will assume that you are authorized to do so, that such data is accurate, and that you have ensured that such persons are aware of such disclosure to the extent that an information obligation applies (e.g. by bringing this Privacy Notice to their attention in advance).

2. Who is responsible for processing your data?

The following persons are responsible to ensure compliance with data protection laws with regard to their clients:

Dr. Alois Schuler, Attorney at Law, Auf der Mauer 4, 8001 Zurich
phone +41 44 252 76 70    email  schuler-alois-law@bluewin.ch

Fiona Forrer, Attorney at Law, Auf der Mauer 4, 8001 Zurich
phone +41 43 817 67 47    email  f.c.forrer@forrer-law.ch

Walter Schumacher, Attorney at Law,  Auf der Mauer 4, 8001 Zurich
phone +41 43 210 23 23    email  walter.schumacher@sswlaw.ch

Eva Scholl, Counsel /Attorney at Law, Auf der Mauer 4, 8001 Zurich
phone +41 43 210 23 23    email  eva.scholl@sswlaw.ch

3. For what purposes do we process which of your data?

When you use our services, use our website www.sfs-law.ch (hereinafter «website»), or otherwise deal with us, we obtain and process various categories of your personal data. As part of our operations, we may process different categories of personal data for different purposes:

  • Communication: We process personal data so that we can communicate with you as well as with third parties, such as parties to proceedings, courts, or authorities, by e-mail, telephone, letter, or other means (e.g. to answer inquiries, in the context of legal advice and representation as well as pre-contractual measures or execution of contracts). In the context of communication, we process in particular the content and metadata of the communication as well as your contact data. If we need or wish to confirm your identity, we may collect additional data (i.e. a copy of an ID).
  • Pre-contractual measures and conclusion of contracts: With regard to the conclusion of a contract, in particular, a contract for the establishment of an attorney-client relationship with you or your mandator or employer, which also includes a conflicts of interest check, we may in particular process your name, contact details, powers of attorney, declarations of consent, information about third parties (e.g. contact persons, family details, as well as counterparties), contract contents, date of conclusion, creditworthiness data, as well as all other data that you provide us or that we collect from public sources or third parties (e.g. commercial register, credit agencies, sanctions lists, media, legal protection insurance companies or the Internet).
  • Administration and performance of contracts: We process personal data in order to comply with our contractual obligations to our clients and other contractual partners (e.g., suppliers, service providers, correspondent law firms, project partners) and, in particular, to provide and claim contractual services. This also includes data processing for the management of mandates (e.g., legal advice to our clients, representation of our clients in court and before authorities, and correspondence) as well as data processing for the enforcement of contracts (debt collection, court proceedings, etc.), accounting and public communication (where permitted). For this purpose, we process in particular the data we receive or have collected in the course of initiating and concluding the contract, as well as data to provide contractual services and assert claim or collect from public sources or other third parties (e.g., courts, authorities, counterparties, information services, media, detective agencies or the Internet). Such data can include, in particular, reports and notes concerning conversations and consultations, notes, internal and external correspondence, contractual documents, documents that we create and obtain in the course of proceedings with courts and authorities (e.g., legal documents, judgments and decisions), background information about you, counterparties or other persons, as well as other mandate-related information, documents, transcripts of records, invoices, and financial and payment information. In this context, we may also process sensitive personal data.
  • Operation of our website: In order to operate our website in a secure and stable manner, we collect technical data, such as IP address, information about the operating system and settings of your end device, region, time and type of use. Additionally, we use cookies and similar technologies.  More information about this can be found in Section 8.
  • Improving our electronics offerings: In order to continuously improve our website and other electronic offerings, we collect data about your behaviour and preferences by analyzing, for example, how you navigate through our website.
  • Security purposes and access controls: We process personal data to ensure and continuously improve the appropriate security of our IT and other infrastructure. This includes, for example, monitoring and controlling electronic access to our IT systems, analyzing and testing our IT infrastructures, performing system and error checks, and creating backup copies.
  • Compliance with laws, directives and recommendation of authorities as well as internal regulations (“Compliance”):  We process personal data to comply with applicable domestic and foreign law (e.g., to combat money laundering or to comply with tax or professional obligations), self-regulations, certifications, industry standards, our corporate governance and for internal and external investigation in which we are a party (e.g., by law enforcement or supervisory authority or an appointed private body).
  • Risk management and corporate governance: We process personal data as part of risk management (e.g., to protect against criminal activities) and corporate governance.
  • Job application: If you apply for a job with us, we process the relevant data for the purposes of reviewing and assessing the application, carrying out the application process, and, in the case of successful applications, preparing and concluding a contract. For this purpose, in addition to your contact data and the information from the corresponding communication, we also process in particular the data contained in your application documents, possibly also criminal record extracts, and the data that we can additionally obtain about you, for example from job-related social networks, the Internet, the media and references (if you consent to obtaining references).

4. Where does the data come from?

  • From you: You provide us with much of the data we process (e.g. in the context of our services, your use of our website and apps, and your communication with us). You are not required to disclose your data, with certain exceptions (e.g. legal obligations). You must for example provide us with certain data to conclude contracts with us or use our services. The use of our website is also impossible without data processing.
  • From third parties: We may collect data from publicly accessible sources (e.g., debt collection registers, land registers, commercial registers, media or the Internet, including social media) or receive such data from public authorities, your employer or mandator who has a business relationship with us or otherwise deals with us, as well as from other third parties (e.g., clients, counterparties, legal protection insurance companies, credit agencies, address brokers, associations, contractual partners, Internet analysis services). This includes, in particular, the data we process in the course of initiating, concluding and performing contracts, as well as data from correspondence and other communication with third parties.

5. Who do we disclose your information to?

In connection with the provisions set forth in Section 3 we transfer your personal data in particular to the categories of recipients listed below. If necessary, we obtain your consent for this or will have the competent supervisory authorities release us from our professional obligation of confidentiality.

  • Service providers: We work with service providers in Switzerland and abroad who (i) process date on our behalf (e.g., IT providers), (ii) process data in joint responsibility with us or (iii )process data on their own responsibility that they have received from us or collected on our behalf (e.g., IT providers, banks, insurance companies, debt collections companies, credit agencies, list brokers, other law firms or consulting companies). We generally agree contracts with these third parties on the use and protection of personal data.
  • Clients and other contractual partners: This mainly includes our clients and our other contractual partners for whom a transfer of your data arises from the contract (e.g., because you work for a contractual partner or they provide services for you). This category of recipients also includes entities with which we cooperate, such as other law firms in Switzerland and abroad or legal protection insurance companies. The recipients are themselves responsible for the processing of the data.
  • Authorities and courts: We may disclose personal date to offices, courts, and other authorities in Switzerland and abroad if this is necessary for the fulfilment of our contractual obligations and, in particular, to conduct our mandate, or if we are legally obligated or entitled to do so, of if this appears necessary to protect our interests. The recipients are themselves responsible for the processing of the data.
  • Counterparties and persons involved: To the extent, necessary for the performance of our contractual obligations, in particular for the management of mandates, we also disclose your person data to counterparties and other involved persons (e.g., guarantors, financiers, affiliated companies, other law firms, respondents or experts).
  • Other persons: This refers to other cases where the inclusion of third parties results from the purposes according to Section 3. This includes, for example, delivery adressees or payment recipients specified by you, third parties in the context of agency relationships (e.g., your lawyer or your bank) or persons involved in official or legal proceedings. We may also disclose your personal data to our supervisory authority, in particular if this is necessary to release us from our professional obligation of confidentiality. You may also be affected if we cooperate with the media and transmit content to them (e.g., photos). In the course of business development, we may sell or acquire businesses, parts of businesses, assets or companies, or enter into partnerships, which may also result in the disclosure of data (including data about you, e.g., as a client or supplier or as their representative) to the parties involved in these transactions. Communications with our competitors, industry organizations, associations, and other bodies may also involve the exchange of your data.

All these categories of recipients may involve third parties, so that your data may also become accessible to them. We can restrict processing by certain third parties (e.g., IT providers), but not by others (e.g., authorities, banks, etc.).

6. Is your personal data also transferred cross-border?

We process and store personal data mainly in Switzerland and the European Economic Area (EEA). However, depending on the circumstances personal data may potentially be processed in any country in the world, for instance, through subcontractors of our service providers or in proceedings before foreign courts or authorities. In the course of our activities for clients, your personal data may also end up in any country in the world.

If a recipient is located in a country without adequate data protection, we contractually obligate the recipient to comply with adequate level of data protection (for this purpose, we use the revised standard contractual clauses of the European Commission, which can be accessed via https://eur-lex.europa.eu/eli/..., if necessary with the required adaptations for Switzerland), insofar as the recipient is not already subject to a legally recognized set of rules to ensure data protection. We may also disclose personal data to a country without adequate data protection without entering into a separate contract for this purpose if we can rely on an exception clause. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the performance of a contract that is in your interest requires such disclosure (e.g., if we disclose data to our correspondent law firms), if you consented, or if it is not possible to obtain your consent within a reasonable period of time and the disclosure is necessary to protect your life or physical integrity or that of a third party, or if it concerns data made publicly available by you, the processing of which you have not objected to. We may also rely on the exception for data from a register provided for by law (e.g., commercial register) to which we have been legitimately granted access.

7. What rights do you have?

You have certain rights in connection with our data processing. In particular, you may, in accordance with applicable law, request information about the processing of your personal data, have inaccurate personal data rectified, request the deletion of personal data, object to data processing, request the release of certain personal data in standard electronic format or its transfer to other data controllers.

You have the right to information, correction, deletion, the right to restrict the processing of data and the right to the disclosure of certain personal data within the framework of the data protection law applicable to you and to the extent provided for therein. Please note, however, that we reserve the right to assert the restrictions provided for by law (e.g. if we are obliged and authorised to store or process certain data, have an overriding interest in doing so, need it for the assertion of claims, for the protection of third parties or due to our professional duty of confidentiality). You have the option of withdrawing your consent, whereby exercising this right will also lead to premature cancellation of the contract, as further management of the mandate can no longer be guaranteed under these circumstances.

If you wish to exercise your rights against us, please contact us; our contact details can be found in Section 2. In order to rule out misuse, we must identify you (e.g. with a copy of your ID, if necessary). Every data subject also has the right to enforce their claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

8. How are cookies and similar technologies used on our website?

When using our website, data is generated that is stored in logs (especially technical data). In addition, we may use cookies and similar technologies (e.g., pixel tags or fingerprints) to recognize website visitors, evaluate their behaviour and recognize preferences.

A cookie is a small file that is transmitted between your system and the server and enables the recognition of a specific device or browser.

You can set your browser to automatically reject, accept or delete cookies. You can also disable or delete cookies on a case-by case basis. You can find out how to manage cookies in your browser in the help menu of your browser.

Both the technical data we collect and cookies generally do not contain any personal data.

In addition, we use our own tools as well as third-party services (which may in turn use cookies) on our website, in particular to improve the functionality or content of our website (e.g., integration of videos and maps), to compile statistics.

In particular, we currently use offers from the following service providers and advertising partners, whereby their contact details and further information on the individual data processing can be found in the respective privacy notice:

  • Google Analytics
    Provider: Google Ireland
    Data Protection Information: https://support.google.com/analytics/answer/6004245
    Information for Google-accounts: https://policies.google.com/technologies/partner-sites?hl=de.

Some of the platform operators may be located outside of Switzerland. Information on cross-border data transfers can be found under Section 6. In terms of data protection law, some of them are ‘only’ processors on our behalf and some of them are controllers. Further information on this can be found in the data protection declarations.

9. Can this Privacy Notice be changed?

This Privacy Notice is not part of any contract with you. We can amend this Privacy Notice at any time. The version published on this website is the current version.

Applicable since 26th March 2024