Contact address
xCap AG
Lerchenbergstrasse 51
8703 Erlenbach
Switzerland
E-mail: x@xcapholding.com
Authorized representative
Suzan Alpsuyu, CEO
Commercial register entry
Registered company name: xCap AG
Commercial Register No: CH-393.212.755
Disclaimer
The author assumes no responsibility for the correctness, accuracy, timeliness, reliability, and completeness of the information. Liability claims regarding damage caused by the use of any information provided, including any kind of information that is incomplete or incorrect, will, therefore, be rejected. All offers are non-binding. Parts of the pages or the complete publication, including all offers and information, might be extended, changed, or partly or completely deleted by the author without a separate announcement. References and links to third-party websites are outside our responsibility. Any responsibility for such websites is declined. The access and use of such websites are at the risk of the respective user.
Copyrights
The copyrights and all other rights to the content, images, photos, or other files on this website belong exclusively to the company xCap AG or the specifically named rights holders. The written consent of the copyright holder must be obtained in advance for the reproduction of any elements.
Privacy
The responsible party within the meaning of the data protection laws, in particular the EU General Data Protection Regulation (DSGVO), is:
xCap AG
Suzan Alpzuyu
Lerchenbergstrasse 51
8703 Erlenbach
E-mail: x@xcapholding.com
Website: https://www.xcapholding.com/
General Notice
Based on Article 13 of the Swiss Federal Constitution and the data protection regulations of the Swiss Confederation (Data Protection Act, DSG), every person has the right to protection of their privacy as well as protection against misuse of their personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the legal data protection regulations as well as this privacy policy. In cooperation with our hosting providers, we make every effort to protect the databases as well as possible against unauthorized access, loss, misuse, or falsification. We would like to point out that data transmission on the Internet (e.g., communication by e-mail) can have security gaps. A complete protection of data against access by third parties is not possible. By using this website, you consent to the collection, processing, and use of data in accordance with the following description. This website can generally be visited without registration. Data such as pages accessed or names of files accessed date, and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address, or e-mail address, are collected as far as possible on a voluntary basis. No data will be passed on to third parties without your consent.
Privacy Policy for Cookies
This website uses cookies. These are small text files that make it possible to store specific information related to the user on the user's terminal device while the user is using the website. Cookies make it possible, in particular, to determine the frequency of use and number of users of the pages, to analyze behavior patterns of page use, and also to make our offer more customer-friendly. Cookies remain stored beyond the end of a browser session and can be retrieved when you visit the site again. If you do not wish this to happen, you should set your Internet browser so that it refuses to accept cookies. A general objection to the use of cookies for online marketing purposes can be declared for a large number of the services, especially in the case of tracking, via the U.S. site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by disabling them in the browser settings. Please note that, in this case, not all functions of this online offer can be used.
Processing of personal data
Personal data is any information that relates to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, acquisition, deletion, storage, modification, destruction, and use of personal data. We process personal data in accordance with Swiss data protection law. Furthermore, we process personal data - to the extent and insofar as the EU GDPR is applicable - in accordance with the following legal bases in connection with Art. 6 (1) GDPR: Processing of personal data with the consent of the data subject.Processing of personal data for the fulfillment of a contract with the data subject as well as for the implementation of corresponding pre-contractual measures.Processing of personal data for the fulfillment of a legal obligation to which we are subject under any applicable law of the EU or under any applicable law of a country in which the GDPR is applicable in whole or in part.Processing of personal data in order to protect the vital interests of the data subject or another natural person.Processing of personal data to protect the legitimate interests of us or of third parties, unless the fundamental freedoms and rights and interests of the data subject are overridden. Legitimate interests include, in particular, our business interest in being able to provide our website, information security, the enforcement of our own legal claims, and compliance with Swiss law. We process personal data for the duration required for the respective purpose or purposes. In the case of longer-term retention obligations due to legal and other obligations to which we are subject, we restrict processing accordingly.
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Privacy Policy for SSL/TLS Encryption
This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content, such as inquiries that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
Data Transmission Security (without SSL)
Please note that data transmitted over an open network such as the Internet or an e-mail service without SSL encryption can be viewed by anyone. You can recognize an unencrypted connection by the fact that the address line of the browser shows "http://" and no lock symbol is displayed in your browser line. Information transmitted over the Internet and content received online may be transmitted over third-party networks. We cannot guarantee the confidentiality of any communications or materials transmitted over such open or third-party networks. If you disclose personally identifiable information over an open network or third-party networks, you should be aware that your information may be lost or potentially accessed by third parties, and, as a result, the information may be collected and used without your consent. While in many cases, the individual data packets are transmitted in encrypted form, the names of the sender and recipient are not. Even if the sender and the recipient reside in the same country, the data transfer via such networks often takes place without controls, even via third countries, i.e., via countries that do not offer the same level of data protection as your country of domicile. We assume no responsibility for the security of your data during transmission over the Internet and disclaim any liability for direct or indirect losses. We ask you to use other means of communication should you consider this necessary or reasonable for security reasons. Despite extensive technical and organizational security precautions, it is possible that data may be lost, intercepted, and/or manipulated by unauthorized persons. As far as possible, we take appropriate technical and organizational security measures to prevent this within our system. However, your computer is outside the security perimeter under our control. It is your responsibility as a user to inform yourself about the necessary security precautions and to take appropriate measures in this regard. As the website operator, we are in no way liable for any damage that you may suffer as a result of data loss or manipulation. Data that you enter in online forms may be passed on to authorized third parties for the purpose of order processing and may be viewed and possibly processed by them.
Privacy Policy for Server Log Files
The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
Browser type and browser version;
Operating system used;
Referrer URL;
Host name of the accessing computer; and
Time of the server request.
This data cannot be assigned to specific persons. This data is not merged with other data sources. We reserve the right to check this data retrospectively if we become aware of specific indications of illegal use.
Third-Party Services
This website may use Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam, and YouTube for embedding videos. These services of the American Google LLC use cookies, among other things, and as a result, data is transferred to Google in the USA, although we assume that no personal tracking takes place in this context solely through the use of our website. Google has undertaken to ensure adequate data protection in accordance with the US-European and the US-Swiss Privacy Shield. Further information can be found in Google's privacy policy.
Right of Confirmation
Every data subject has the right to request confirmation from the website operator as to whether personal data concerning him or her is being processed. If you wish to exercise this right of confirmation, you may contact the data protection officer at any time.
Right to Information
Every person affected by the processing of personal data has the right to receive information free of charge from the operator of this website at any time about the personal data stored about him or her and a copy of this information. Furthermore, information may be provided about the following information, if applicable:
The purposes of the processing;
The categories of personal data processed;
The recipients to whom the personal data have been or will be disclosed;
If possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
Every person has the existence of a right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or a right to object to such processing;
the existence of a right of appeal to a supervisory authority;
and if the personal data are not collected from the data subject, Any available information about the origin of the data. Furthermore, the data subject has the right to be informed whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer. If you would like to make use of this right to information, you can contact our data protection officer at any time.
Right of Rectification
Every person affected by the processing of personal data has the right to demand the immediate correction of incorrect personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request that incomplete personal data be completed, including by means of a supplementary declaration. If you wish to exercise this right of rectification, you may contact our data protection officer at any time.
Right to Erasure
Any person concerned by the processing of personal data has the right to obtain from the controller of this website the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:
The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary;
The data subject revokes the consent on which the processing was based and there is no other legal basis for the processing;
The data subject objects to the processing on grounds relating to his or her particular situation and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in the case of direct marketing and related profiling;
The personal data have been processed unlawfully;
The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject; and
The personal data has been collected in relation to information society services provided directly to a child. If one of the aforementioned reasons applies, and you would like to arrange for the deletion of personal data stored by the operator of this website, you can contact our data protection officer at any time. The data protection officer of this website will arrange for the deletion request to be complied with immediately.
Right to Restriction of Processing
Any person concerned by the processing of personal data has the right to obtain from the controller of this website the restriction of processing if one of the following conditions is met:
The accuracy of the personal data is contested by the data subject, for a period, enabling the controller to verify the accuracy of the personal data;
The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data;
The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise, or defense of legal claims; and
The data subject has objected to the processing on grounds relating to his or her partcular situation, and it is not yet clear whether the legitimate interests of the controller override those of the data subject. If one of the aforementioned conditions is met, you can request the restriction of personal data stored by the operator of this website at any time by contacting our data protection officer. The data protection officer of this website will arrange the restriction of the processing
Right to Data Portability
Every person affected by the processing of personal data has the right to receive the personal data concerning him or her in a structured, common, and machine-readable format. He or she also has the right to have this data transferred to another controller if the legal requirements are met. Furthermore, the data subject has the right to obtain that the personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and insofar as this does not adversely affect the rights and freedoms of other persons. To assert the right to data portability, you may at any time contact the data protection officer appointed by the operator of this website.
Right of Objection
Any person affected by the processing of personal data has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her. The operator of this website shall no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or if the processing serves the purpose of asserting, exercising or defending legal claims. To exercise the right to object, you may directly contact the Data Protection Officer of this website.
Right to Revoke Consent Under Data Protection Law
Every person affected by the processing of personal data has the right to revoke a given consent to the processing of personal data at any time. If you wish to exercise your right to revoke consent, you may contact our data protection officer at any time.
Privacy Policy for Objection Advertising Mails
We hereby object to the use of contact data published within the scope of the imprint's obligation to send advertising and information material that has not been expressly requested. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.
Services with Costs
In order to provide services for which a charge is made, we request additional data, such as payment details, in order to be able to execute your order. We store this data in our systems until the legal retention periods have expired.
Agency Services
We process the data of our customers in accordance with the data protection regulations of the federal government (Data Protection Act, DSG) and the EU-DSGVO within the scope of our contractual services. In doing so, we process inventory data (e.g., customer master data, such as names or addresses), contact data (e.g., e-mail, telephone numbers), content data (e.g., text entries, etc.), contract data (e.g., subject matter of the contract, term), payment data (e.g., bank details, payment history), usage data and metadata (e.g., in the context of evaluating and measuring the success of marketing measures). Data subjects include our customers, prospective customers as well as their customers, users, website visitors, or employees, as well as third parties. The purpose of the processing is the provision of contractual services, billing, and our customer service. The legal basis for the processing results from Art. 6 para. 1 lit. b DSGVO (contractual services), Art. 6 para. 1 lit. f DSGVO (analysis, statistics, optimization, security measures). We process data that are necessary for the justification and fulfillment of contractual services and indicate the necessity of their disclosure. Disclosure to external parties only takes place if it is necessary in the context of an order. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client as well as the legal requirements of a commissioned processing pursuant to Art. 28 DSGVO and do not process the data for any other purposes than those specified in the order. We delete the data after the expiry of the legal warranty and comparable obligations. The necessity of keeping the data is reviewed at irregular intervals. In the case of legal archiving obligations, deletion takes place after their expiry. In the case of data disclosed to us by the client as part of an order, we delete the data in accordance with the specifications of the order, generally after the end of the order.
Brokerage Services
We process the data of our customers, clients, and interested parties (uniformly referred to as "customers") in accordance with the data protection provisions of the Federal (Data Protection Act, DSG) and the EU-DSGVO in accordance with Art. 6 para. 1 lit. b. DSGVO, in order to provide them with our contractual or pre-contractual services. The data processed in this context, the type, scope, and purpose, and the necessity of their processing are determined by the underlying order. In principle, this includes inventory and master data of customers (name, address, etc.), as well as contact data (e-mail address, telephone, etc.), contract data (content of the order, fees, terms, information on the mediated companies/insurers/services) and payment data (commissions, payment history, etc.). We may also process information on the characteristics and circumstances of persons or objects belonging to them if this is part of the subject matter of our order. This may be, for example, information on personal circumstances, mobile or immobile tangible property. Within the scope of our assignment, it may also be necessary for us to process special categories of data pursuant to Art. 9 (1) DSGVO, in this case, in particular information on the health of a person. For this purpose, we obtain, if necessary, according to Art. 6 para. 1 lit a., Art. 7, Art. 9 para. 2 lit a DSGVO an explicit consent of the customer. If necessary for the fulfillment of the contract or required by law, we disclose or transmit the data of the customers in the context of coverage requests, conclusion and processing of contracts, data to providers of the mediated services/objects, insurers, reinsurers, broker pools, technical service providers, other service providers, such as cooperating associations. e.g., cooperating associations, as well as financial service providers, credit institutions and investment companies as well as social security institutions, tax authorities, tax advisors, legal advisors, auditors, insurance ombudsmen, and the Swiss Financial Market Supervisory Authority (FINMA) or Federal Financial Supervisory Authority (BaFin). Furthermore, we may engage subcontractors, such as sub-brokers. We obtain consent from customers if this is required for the disclosure/transfer of customer consent (which may be the case, for example, in the case of special categories of data pursuant to Art. 9 DSGVO). The deletion of the data takes place after the expiry of legal warranty and comparable obligations, whereby the necessity of the retention of the data is reviewed at irregular intervals. In all other respects, the statutory retention obligations apply. In the case of statutory archiving obligations, deletion takes place after their expiry.
Contractual Services
We process the data of our contractual partners and interested parties as well as other clients, customers, customers, clients or contractual partners (uniformly referred to as "contractual partners") in accordance with the data protection provisions of the German Federal Data Protection Act (Datenschutzgesetz, DSG) and the EU-DSGVO pursuant to Art. 6 Para. 1 lit. b. DSGVO, in order to provide them with our contractual or pre-contractual services. The data processed in this context, the type, scope, and purpose, and the necessity of their processing are determined by the underlying ontractual relationship. The data processed includes the master data of our contractual partners (e.g., names and addresses), contact data (e.g., e-mail addresses and telephone numbers), as well as contractual data (e.g., services used, contract content, contractual communication, names of contact persons) and payment data (e.g., bank details, payment history). As a matter of principle, we do not process special categories of personal data unless these are components of a commissioned or contractual processing. We process data that are required for the justification and fulfillment of contractual services and point out the necessity of their disclosure unless this is evident to the contractual partners. Disclosure to external persons or companies is made only if it is necessary in the context of a contract. When processing data provided to us in the context of an order, we act in accordance with the instructions of the client as well as the legal requirements. In the context of the use of our online services, we may store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the interests of users in protection against misuse and other unauthorized use. In principle, this data is not passed on to third parties unless it is necessary for the pursuit of our claims pursuant to Art. 6 para. 1 lit. f. DSGVO, or there is a legal obligation to do so pursuant to Art. 6 para. 1 lit. c. DSGVO. The deletion of the data takes place when the data is no longer required for the fulfillment of contractual or legal duties of care as well as for dealing with any warranty and comparable obligations, whereby the necessity of keeping the data is reviewed at irregular intervals. In all other respects, the statutory retention obligations apply.
Administration, Financial Accounting, Office Organization, Contact Management
We process data in accordance with the data protection regulations of the federal government (Data Protection Act, DSG) and the EU-DSGVO in the context of administrative tasks as well as the organization of our operations, financial accounting, and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the course of providing our contractual services. The processing bases are Art. 6 para. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. Customers, interested parties, business partners, and website visitors are affected by the processing. The purpose and our interest in the processing lies in the administration, financial accounting, office organization, and archiving of data, i.e., tasks that serve the maintenance of our business activities, performance of our tasks, and provision of our services. The deletion of data with regard to contractual services and contractual communication corresponds to the data mentioned in these processing activities. In this context, we disclose or transfer data to the tax authorities, consultants, such as tax advisors or auditors, as well as other fee offices and payment service providers. Furthermore, based on our business interests, we store information on suppliers, event organizers, and other business partners, e.g., for the purpose of contacting them at a later date. This data, most of which is company-related, is generally stored permanently.
Provision of our Services According to Statutes
We process the data of our members, supporters, interested parties, customers, or other persons in accordance with the data protection regulations of the federal government (Data Protection Act, DSG) and the EU-DSGVO in accordance with Art. 6 Para. 1 lit. b. DSGVO, insofar as we offer contractual services to them or act within the scope of existing business relationships, e.g., vis-à-vis members, or are ourselves recipients of services and benefits. Otherwise, we process the data of data subjects pursuant to Art. 6 para. 1 lit. f. DSGVO on the basis of our legitimate interests, e.g., when administrative tasks or public relations are involved. The data processed in this context, the type, scope, and purpose, and the necessity of their processing are determined by the underlying contractual relationship. In principle, this includes inventory and master data of persons (e.g., name, address, etc.), as well as contact data (e.g., e-mail address, telephone, etc.), contract data (e.g., services used, content and information provided, names of contact persons) and, if we offer payable services or products, payment data (e.g., bank details, payment history, etc.). We delete data that is no longer required for the provision of statutory purposes. This is determined according to the respective tasks and contractual relationships. In the case of business processing, we retain the data for as long as they may be relevant to the business transaction, as well as with regard to any warranty or liability obligations. The necessity of retaining the data is reviewed at irregular intervals. In all other respects, the statutory retention obligations apply.
Note on Data Transfer to the USA
Among other things, tools from companies based in the USA are integrated into our website. If these tools are active, your personal data may be transferred to the US servers of the respective companies. We would like to point out that the USA is not a safe third country in the sense of EU data protection law. US companies are obliged to hand over personal data to security authorities without you, as a data subject, being able to take legal action against this. It can, therefore, not be ruled out that US authorities (e.g., intelligence services) process, evaluate, and permanently store your data located on US servers for monitoring purposes. We have no influence on these processing activities.
Copyrights
The copyrights and all other rights to content, images, photos, or other files on the website belong exclusively to the operator of this website or the specifically named rights holders. For the reproduction of any files, the written consent of the copyright holder must be obtained in advance. Anyone who commits a copyright infringement without the consent of the respective copyright holder may be liable to prosecution and possibly to damages.
General Disclaimer
All information on our website has been carefully checked. We make every effort to ensure that the information we provide is up-to-date, correct, and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, correctness, and up-to-dateness of information, including journalistic and editorial information. Liability claims regarding damage caused by the use of any information provided, including any kind of information that is incomplete or incorrect, will, therefore, be rejected. The publisher may change or delete texts at his own discretion and without notice and is not obliged to update the contents of this website. The use of or access to this website is at the visitor's own risk. The publisher, its clients, or its partners are not responsible for damages, such as direct, indirect, incidental, consequential, or punitive damages, allegedly caused by the visit to this website and consequently assume no liability for such damages. The publisher also accepts no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked sites are solely responsible for their content. The publisher thus expressly distances itself from all third-party content that may be relevant under criminal or liability law or that may be contrary to public morality.
Changes
We can adapt this data protection declaration at any time without prior notice. The current version published on our website shall apply. Insofar as the data protection declaration is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.
Questions to the Data Protection Officer
If you have any questions about data protection, please write us an e-mail or contact directly the responsible person in our organization listed for data protection at the beginning of the privacy policy.