Legal

Privacy Statement
Data Processing by globegarden gmbh
Version dated January 7, 2025

Data Processing by globegarden

1. Introduction

In this privacy policy, we, globegarden, located at Jenatschstrasse 14, 8002 Zurich (hereinafter referred to as "globegarden," "we," or "us"), explain to you – as a user of our website www.globegarden.org (hereinafter referred to as "our website") or as a customer of our childcare services – how we collect and process personal data in connection with the website www.globegarden.org and our childcare services. Personal data refers to any information that relates to an identified or identifiable person.

2. Consent to the Privacy Policy

By using our website, you agree to the contents of this privacy policy, including the use of cookies and Google Analytics, and confirm that you have read and understood the contents. If you do not agree, please refrain from using our website.

Please note that the contents of our website are intended for users residing in Switzerland who are 16 years of age or older. We do not knowingly collect personal data from children under 16 years of age. Persons using our website or providing us with personal data otherwise declare that they are 16 years or older or acting with the consent of their legal representatives and that they reside in Switzerland.

If you use our childcare services, including entering into a childcare agreement with us, you confirm that you have read, understood, and agreed to this privacy policy.

3. Scope

On the one hand, this privacy policy applies to the processing of your personal data by globegarden in connection with your access to and use of our website, including the use of cookies. This privacy policy does not apply to other websites, particularly those of third parties, even if they are linked to our website or we refer to them otherwise ("third-party sites"). globegarden has no control over the content or privacy practices of third-party sites and is therefore not responsible for their content or privacy practices.

The processing of personal data complies with the Swiss Federal Act on Data Protection ("FADP") dated September 25, 2020.

4. Categories of Processed Personal Data

The personal data we regularly process can be broadly divided into four categories:

• Data related to website usage:
  This includes technical information about the computer, browser, and internet connection you use (e.g., browser type and version, internet provider, operating system), information about your access to our website, and your usage behavior.
• Contact information:
  This includes data such as your name, address, email address, and phone number.
• Childcare data:
  This includes all data necessary for providing our childcare services or obtained in this context, such as the name, address, and contact details of parents or guardians; the name and contact details of authorized persons for pick-up; the name and contact details of the child's doctor, dentist, and other relevant contacts; information about the child such as name, date of birth, illnesses, allergies, or other health impairments, medications, insurance details, and information about childcare days and times.
• Contract data:
  This includes the names, addresses, and contact details of the guardians entering into the childcare contract, as well as data relating to the performance of the childcare contract, such as billing data.

Whenever "personal data" is mentioned in the following sections, it refers to data from the categories described in this section 4.

6. Purpose of Processing Personal Data

• Data Related to Website Usage:
  We process this data to offer and target our services effectively, ensure an optimal user experience, maintain the stability of our website, and analyze its usage. Additional information can be found below in the sections on the use of cookies and Google Analytics in sections 8 and 9.
• Contact Information:
  We process this data to communicate with you upon your initiative.
• Contract Data and Childcare Data:
  We process this data to conclude and manage the childcare agreement, provide the agreed childcare services, fulfill associated legal obligations, and protect our rights (including, if necessary, through legal enforcement) or defend against what we believe to be unjustified claims. Additionally, we require specific childcare data to ensure the health and well-being of the child during childcare.

7. Collection of Personal Data

• Data Related to Website Usage:
  We collect this data when you access and use our website. We use cookies and, where applicable, Google Analytics. More information about cookies and Google Analytics can be found below in sections 8 and 9.
• Contact Information:
  We collect this data when you provide it to us, for example, by contacting us via a contact form, email, or telephone.
• Childcare Data and Contract Data:
  We collect this data when you provide it to us – for example, during the conclusion of the childcare agreement or via an enrollment form – or based on our own observations. If you provide us with personal data of third parties (e.g., details of an authorized person for pick-up), you are obligated to inform the affected third party about this and the purpose for which you have provided us with their personal data.

8. Use of Cookies

To make our website more appealing and to enable the use of certain functions, we use cookies. These are small text files downloaded by your browser when you access and use our website and stored on your computer. Cookies provide information about your browser settings, the location of your computer, technical data about your computer, the websites you have visited, etc. Some cookies (so-called session cookies) are deleted at the end of your browsing session, while others remain on your computer (so-called persistent cookies). These allow us, for example, to recognize your computer on your next visit to our website.

You can limit the use of cookies through your browser settings or delete cookies. However, restricting the use of cookies may result in certain content or features of our website being unavailable. Depending on your browser settings or if the settings are reset, you may need to configure your browser settings regarding the use of cookies again. We have no influence over your browser settings.

9. Use of Google Analytics

The globegarden website integrates Google Analytics (with anonymization functionality). Google Analytics is a web analysis service that collects, compiles, and evaluates data about website visitors’ behavior. This includes data such as the referring website (so-called referrer), which subpages were accessed, how often, and for how long. Web analyses are primarily used to optimize a website and perform cost-benefit analyses of internet advertising.

The operator of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

For web analysis using Google Analytics, globegarden applies the "_gat. _anonymizeIp" function. This application anonymizes your IP address when accessing our website from a member state of the European Union or another state that is a party to the Agreement on the European Economic Area.

Further information about Google Analytics is available at:

• https://www.google.ch/intl/de_ALL/analytics/index.html
• https://support.google.com/analytics/answer/6004245?hl=de

For your options to control or delete cookies via browser settings, please refer to section 8 above.

Please note that our influence on how Google processes your personal data is limited to setting configurations within Google Analytics. We cannot assume any responsibility or liability for any further processing of your personal data by Google.

10. Use of HubSpot
On our website, we use HubSpot, a digital marketing platform. The provider of this service is HubSpot, Inc., based in the USA at 25 First Street, 2nd Floor, Cambridge, MA, with an additional office in Ireland at 1 Sir John Rogerson's Quay, Dublin 2.

HubSpot processes user data, including in the USA. As a participant in the EU-US Data Privacy Framework, HubSpot ensures an appropriate and secure transfer of personal data from EU citizens to the USA. More information can be found here: https://commission.europa.eu/document/fa09cbad-dd7d-4684-ae60-be03fcb0fddf_en.

Additionally, HubSpot utilizes standard contractual clauses (Art. 46 Para. 2 and 3 GDPR). These templates, provided by the EU Commission, ensure that your data meets European data protection standards even when transferred to third countries, such as the USA. Through the EU-US Data Privacy Framework and standard contractual clauses, HubSpot is committed to maintaining the European data protection level when processing, storing, and managing your data in the USA. The underlying clauses are based on an EU Commission implementing decision, which you can view here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?locale=de.

The corresponding data processing agreement, which adheres to the standard contractual clauses, can be found here: https://legal.hubspot.com/dpa.

Further information about data processing by HubSpot can be found in their privacy policy: https://legal.hubspot.com/de/privacy-policy.

11. Disclosure of Personal Data to Third Parties
As a rule, we do not disclose the personal data we process to third parties, nor do we sell your personal data. However, we may involve external natural or legal persons (so-called contractors or third-party service providers) for the execution of business processes that may include processing personal data. These include services for operating and designing our website, maintaining our email servers, storing our business data (which may include personal data), using Google Analytics (see section 9 above), and operating the contact form on our website. The processing of your personal data by such contractors or service providers is based on agreements we have concluded with them.

Additionally, globegarden may be required by law or official order to disclose personal data (e.g., to authorities or auditors).

12. Transfer of Personal Data Abroad
The processing of personal data generally takes place in Switzerland. However, contractors or third-party service providers (see section 11 above) may be located abroad or may process personal data abroad, as is the case with Google Analytics or the contact form on our website. These are countries within the EU, EEA, or the USA.

Such transfers of personal data abroad are carried out in compliance with Art. 16 ff. of the Swiss Federal Act on Data Protection (FADP). This means, in particular, that data is either transferred to countries with adequate legal data protection levels or that appropriate legal safeguards are in place.

Please note that globegarden may be required by law or official order to disclose personal data to recipients abroad (e.g., authorities).

13. Retention of Personal Data
globegarden retains the personal data collected for as long as it is justified by the purpose of data processing, required by applicable laws, or necessary for the assertion of legal claims, defense against claims, or official proceedings. In general, the retention period does not exceed 10 years after the end of the relevant fiscal year or customer relationship. However, the retention period may be longer or significantly shorter. After the retention period expires, the corresponding personal data will be deleted or destroyed.

14. Data Security
We implement appropriate technical and organizational security measures to protect your personal data from manipulation, loss, unauthorized access, and misuse.

At globegarden, your data is stored in a secure operating environment that is not accessible to the public. In certain cases, your personal data will be encrypted during transmission using Secure Socket Layer (SSL) technology. This ensures that communication between your computer and globegarden's servers uses a recognized encryption method.

If you wish to contact globegarden by email, please note that the confidentiality of the information transmitted cannot be guaranteed. The content of emails can be accessed by third parties. We therefore recommend that you send confidential information to us exclusively by postal mail.

15. Rights of Data Subjects
You have the following rights regarding your personal data:

• Right to access,
• Right to rectification or deletion,
• Right to restrict processing,
• Right to object to processing.

If data processing is based on your consent, you can revoke it at any time without stating a reason for the future. Revocation can be directed to the address info@globegarden.org. To process your requests regarding your rights, it may be necessary for you to prove your identity so that we can clearly identify you.

In Switzerland, there is no right to lodge a complaint with a supervisory authority. If the EU GDPR is applicable, you have the right to lodge a complaint with the relevant data protection supervisory authority under Art. 77 GDPR.

Restricting data processing or deleting your personal data may, in some cases, prevent you from using certain content or features of our website or may result in us being unable to provide certain services to you or only being able to do so to a limited extent.

The exercise of such rights generally requires that you provide clear proof of your identity.

Please also note that the rights listed in this section 15 may be limited in individual cases, particularly due to legal regulations or if globegarden has an overriding interest.

16. Updates to This Privacy Policy
We periodically update this privacy policy. In such cases, we will provide the updated version on our website. The updated privacy policy applies only to data processing that takes place after the effective date of the updated version. If you are a customer in a contractual relationship with globegarden, we will inform you about updates to this privacy policy. Otherwise, please check our website for possible updates during your next visit. By continuing to use our website and providing your personal data after the updated version of this privacy policy is published, you accept the changes made.

17. Contact
globegarden is the entity responsible for processing personal data. For questions, to exercise your rights, or for other concerns regarding data protection, please contact globegarden at the following email address: info@globegarden.org.

globegarden
Jenatschstrasse 14
8002 Zurich