Privacy policy of the Breast Atelier

1. purpose of the data protection declaration

1.1 The operator of the website www.breast-atelier.ch (hereinafter referred to as the "Website") is Breast Atelier Zürich AG (hereinafter referred to as "Breast Atelier", "we" or "us"). Data protection is important to us, and we comply with the applicable data protection laws and regulations.

1.2 This privacy policy informs you in particular about how we collect personal data that we obtain via the website, for what purposes it is used, to whom it may be disclosed and what your rights are in connection with our use of your personal data.

1.3 This privacy policy does not extend to any external links that lead to third-party offers. The data protection provisions of the respective provider apply to these offers.

2. consent

By accessing the website and using the services and products we offer, you declare that you have read this privacy policy carefully and agree to the data processing described.

Any questions in connection with this privacy policy can be sent at any time by email to datenschutz@breast-atelier.ch. If you do not agree with this declaration, you must refrain from using the website and from using our services and products.

3. personal data

Personal data means any information relating to an identified or identifiable natural or legal person, e.g. surname, first name, address, email address, date of birth in combination with the zip code or telephone number. The controller within the meaning of data protection legislation is Breast Atelier Zürich AG, Klausstrasse 10, 8008 Zürich, E-Mail: datenschutz@breast-atelier.ch.

The Breast Atelier respects the privacy of users and will not collect any personal data (such as name, address, email address) unless it is:

• provided voluntarily by users (in particular first name, surname, address, mobile number, email address)
• or collected automatically and temporarily by cookies

Health data is only collected and processed with the express consent of the patient (e.g. as part of the online consultation). Health data is particularly valuable data. The Breast Atelier treats health data with absolute confidentiality.

Breast Atelier Zürich AG determines the purposes and means of processing your personal data and is therefore responsible for the processing and use of your personal data in accordance with this privacy policy. If you have any questions or concerns about this privacy policy or the processing of your personal data, please contact us at any time by sending an email to datenschutz@breast-atelier.ch.

We collect and process personal data carefully and for the purposes described in this privacy policy. In accordance with applicable law, we may also use your personal data in ways other than those described in this Privacy Policy. In this case, we will provide you with specific privacy statements or notices at the time of collection and obtain your consent where appropriate. We always endeavour to collect information in anonymized or pseudonymized form as far as reasonably possible so that the identity of the users is not recognizable.

4. Collection and use of personal data

4.1 Users can contact us via the website in various ways and forms and retrieve or order information (in particular anonymized before / after pictures of former patients). In doing so, we are provided with voluntarily entered personal data about users.

Data provided to Breast Atelier by users in this way is used by Breast Atelier as follows:

• to respond to specific requests from users
• to conduct business with users
• for marketing purposes, i.e. in particular to provide users with information about the services of Breast Atelier and its affiliated companies (e.g. via email)
• for customer communication by post, telephone and electronic means of communication (email, newsletter)
• for analysis purposes. For the continuous improvement of our website and services, Breast Atelier regularly creates statistical evaluations based on anonymized user data. In addition, this data can be combined and analyzed with other Breast Atelier data for marketing purposes.
• to avoid unnecessary advertising and to address users with relevant information. For individualized and personalized marketing, we use the findings from the analysis of user behavior

In doing so, we may collect sensitive personal data about users if, for example, they voluntarily provide us with information about their state of health as part of a request for information. In this case, we only use this information to respond to the respective request.

By providing us with their sensitive personal data, users declare their consent to our processing of this data to the extent described in this privacy policy.

The processing of this data is therefore necessary within the meaning of Art. 6 para. 1 lit. b GDPR for the implementation of pre-contractual measures or is in our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR. The data will be deleted for a maximum of 60 days after collection.

4.2 Breast Atelier Zürich AG collects and stores information that your browser automatically transmits to us in server log files when you visit our website. The data collection is based on your will and interest in visiting our website and our legitimate interests in operating the website. This may include the following data:

• Browser type and browser version;
• Operating systems used;
• Referrer URL (the previously visited website);
• Host name of the accessing computer;
• Date and time of the server request;
• Internet protocol address (IP address);
Amount of data transferred;
• Other data and information used for security purposes in the event of attacks on our IT systems

This personal data is not merged with other personal data and is stored separately from any other personal data provided by the user. They will be deleted by us after three months at the latest.

Breast Atelier Zürich AG uses the automatically collected personal data to fulfill the following purposes:

• to enable the display, operation and functionality of the portal,</li
• to ensure the stability and security of the system
• to improve and protect our services,
• for statistical purposes in the event of attacks on the network infrastructure on which the website is provided

4.3 The online consultation as a telemedical service is provided by the Breast Atelier using the secure option provided by the FMH and Health Info Net AG (HIN) for conducting video conferences (available at https://www.hin.ch/services/hin-talk-video/).

Data transmitted by the patient to the Breast Atelier as part of the online consultation will be used by the Breast Atelier exclusively as follows:

• to carry out the medical consultation (online consultation) and any subsequent treatment at Breast Atelier and to exercise or claim the associated rights and obligations
• to maintain patient files, including in particular telephone/video recording during telemedical consultations
• within the scope of statutory record keeping and for archiving purposes
• to provide the patient with information about the services of the Breast Atelier and its affiliated companies
• to communicate by post, telephone and electronic means of communication (email, newsletter)
• for analysis purposes. For the continuous improvement of our services, Breast Atelier regularly creates statistical evaluations based on anonymized user data.

4.4 Our website is not intended for children and we do not knowingly collect personal data from children under the age of 16 unless we have the express consent of their parents. If we are notified or otherwise become aware that personal data relating to a child under the age of 16 has been improperly collected, we will take all reasonable steps to delete that personal data.

4.5 Breast Atelier may use auxiliary persons to process your personal data, who carry out the data processing on behalf of Breast Atelier. This applies in particular to the processing of commercial and administrative services and in connection with IT, marketing and telecommunications services.

Access to personal data is limited to those employees and contractual partners who need to know this data. The persons and companies concerned are obliged to maintain confidentiality and to comply with the applicable data protection laws. The personal data is generally processed in Switzerland.

5. Security measures

5.1 The Breast Atelier provides security measures to prevent the loss, misuse or alteration of information and personal data.

5.2 Users are aware that online transmissions are not secure. We therefore recommend that users exercise caution when transmitting sensitive personal data over the Internet. As soon as Breast Atelier has received the transmitted information, it will secure it appropriately in its systems.

5.3 Disclosure of personal data
Users agree that their data may be transferred to and processed by other affiliated strictly selected companies (such as the Pyramid Clinic). This may be for the purpose of fulfilling its stated purpose, for reasons of accounting, reporting, optimization of IT services and marketing. Breast Atelier ensures compliance with the principles of Swiss data protection law.

We may also pass on personal data to third parties in order to make use of technical or organizational services that we require for the fulfilment of the aforementioned purposes or our other business activities. This applies in particular to the processing of commercial and administrative services and in connection with IT and telecommunications services.

Our service providers are contractually obliged to process personal data exclusively on our behalf and in accordance with our instructions.

We may also disclose personal data if we are obliged to do so in order to comply with applicable laws and regulations, in legal proceedings, at the request of the competent courts and authorities or due to other legal requirements, or if we consider it necessary to protect and defend our rights or property.

5.4 Transfer of personal data to countries outside the EEA

The personal data collected via our website is stored in Switzerland. In addition, we may transfer, store and process your personal data at data locations around the world, e.g. where our third-party providers or partners are located. Therefore, we may transfer your personal data outside the European Economic Area (EEA) where this is necessary for the data processing described in this Privacy Policy in accordance with applicable law.

Where data is transferred to countries that do not ensure an adequate level of protection, we ensure an adequate level of data protection by implementing appropriate safeguards, such as

• contractual guarantees (e.g. on the basis of EU standard clauses)</li
• on the basis of binding corporate rules,
• the transfer of data in accordance with your express consent,
• for the conclusion or performance of a contract with you, or
• in connection with the establishment, exercise or enforcement of legal claims

For more information about our reasonable security measures, please contact us by email at datenschutz@breast-atelier.ch.

6. Deletion / duration of storage of personal data

In principle, we delete personal data from the point in time at which a contract is fulfilled or the purpose for processing no longer applies.

In the event of an objection to processing on the basis of a legitimate interest or consent, we delete personal data from this point in time, unless another permission for processing continues to exist, for example in the case of statutory retention obligations, a legitimate interest in enforcing our own legal positions, etc.

However, we will retain personal data for at least as long as is necessary for the fulfillment of any treatment contract. We also reserve the right to retain data for statutory retention periods, in particular under public health legislation, and for internal documentation purposes.

7. Rights of the user

Users may at any time request that Breast Atelier send them a copy of the personal data concerning them or provide them with information about its use. Breast Atelier will also correct this data at any time at the user's request. Users have the right to erasure. Users can contact the office responsible for this as follows:

Breast Atelier Zürich AG
Haus zur Pyramide
Klausstrasse 10
CH-8008 Zürich
datenschutz@breast-atelier.ch

Breast Atelier is obliged to verify the identity of the user in the event of such requests. Requests can therefore only be processed if they are accompanied by suitable proof of identity (copy of identity card or similar).

8. Cookies

8.1 When you access or use the Website, we may place so-called cookies - small text files - or similar tools on your computer.

We use cookies to provide user-friendly functions on the website, for internal marketing purposes and to continuously improve the performance of the website.

We always strive to reduce the use of cookies and the collection and storage of user data to a minimum and to minimize or even prevent the transfer of data abroad. For example, in August 2023, all Google services such as YouTube, Google Maps, Google Font and Google tracking solutions such as Google Analytics or Google Tag Manager were removed from the website.

The cookies we use can be divided into the following categories depending on their function and purpose: Functional cookies, performance cookies and marketing cookies.

Functional cookies: These cookies serve a variety of purposes for the presentation, functionality and performance of a website and in particular to improve the experience and enjoyment of visitors to the website. They allow a website to remember information already provided (e.g. user name, location or language selection) and provide visitors with improved, more personalized features. Functional cookies are used, for example, to remember things like your login details. These cookies cannot track your movement on other websites.

Performance cookies: These cookies are used to collect information about how a website is used - for example, how visitors arrived at our website, which pages a visitor opens most frequently, how you navigated our website during your visit and whether you receive error messages from a page. We may also use these cookies to provide us with certain statistical and analytical information, such as how many visitors have come to our website. These cookies are used to monitor the level of activity on the website and to improve the performance of the website.

Marketing cookies allow us to serve ads on our website or on third-party websites with products that the user likes, so that the ads the user sees may be more relevant to the user's preferences or interests (sometimes referred to as «targeting cookies»). They can also be used to evaluate the effectiveness of advertising and promotions.

These cookies may be placed by us or by a third party on our behalf. Further information about cookies and their use can be found at:http://www.allaboutcookies.org/.

The legal basis for data processing results from your consent (Art. 6 para. 1 lit. a GDPR) or our legitimate interest (Art. 6 para. 1 sentence 1 lit. f GDPR).

By continuing to use our website and/or agreeing to this privacy policy, you consent to cookies being set by us and thus to personal usage data being collected, stored and used, even after the end of the browser session. You can revoke this consent at any time by activating the browser default setting to refuse third-party cookies.

8.2 Most browsers allow you to delete cookies, prevent their installation or generate a warning before a cookie is installed. Users can find further information on this in the browser instructions.

8.3 The Breast Atelier will use automatically stored information exclusively for statistical evaluations and, in particular, will not associate it with any personal data provided to the Breast Atelier.

9. Use of third-party solutions / tools

9.1. Breast Atelier uses third-party solutions & so-called tools to which personal data may also be transmitted in the context of the use of these services.

9.2. We use Friendly Analytics to analyze the use and reach of our website. Friendly Analytics is a service of Friendly GmbH from Switzerland, which enables web tracking without the processing and storage of personal data and without the setting of cookies.
All data collected and processed by us is stored by Friendly Analytics in Switzerland with providers headquartered in Switzerland. Information on the type, scope and purpose of data processing can be found in the Friendly Analytics privacy policy.

9.3 Elfsight Google Reviews Widget: Functions of the Google Reviews plugin service are integrated on our website. These functions are offered by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Our Google Reviews plugin uses Elfsight, LLC, Address: 0015, Armenia, Yerevan, Paronyana str., 19/3, 201 as the service provider.
When loading the images and reviews, Google and Elfsight can read or save the user's IP. If the user is logged into their Google account at the time of retrieval, it may be possible for Google to associate this with the user's profile.
For more information, please refer to the privacy policy of Google https://www.google.de/policies/privacy/ and Elfsight https://elfsight.com/privacy-policy/.

9.4 Userlike chat

We use the live chat of the company Userlike UG, Probsteigasse 44-46, 50670 Köln in Germany on our website. This allows you to contact us directly via live chat. Userlike uses cookies to provide these services. The following data is processed by Userlike on our behalf and in accordance with our instructions:

Usage data: When starting the chat, the following personal usage data is collected:

• Name and email address (requested in the form)
• Date and time of access
• Browser type and –version
• Operating system used
• Address (URL) of the previously visited website
• Amount of data sent
• individual user ID

Chat messages: Depending on the course of the conversation with our employees, further personal data may be collected in the chat and entered by you (e.g. first and last name, email address, telephone number). The nature of this data depends heavily on your request or the problem you describe to us. You can also provide further data, depending on the reason for contacting us.

Recipient of the data: The usage data and chat messages are stored on servers of Userlike UG (haftungsbeschränkt). Userlike processes your data exclusively in accordance with instructions within the framework of an order processing contract in accordance with Art. 28 GDPR.
Further information on data protection at Userlike can be found at: https://www.userlike.com/de/terms#privacy.

9.5 SuperMailer

We use SuperMailer, based in Germany, for sending newsletters and sending before and after pictures, which are sent on request.

SuperMailer is a service with which, among other things, the sending of newsletters can be organized and analyzed. The data you enter for the purpose of subscribing to the newsletter is stored on servers in Germany. If you do not wish to be analyzed by SuperMailer, you must unsubscribe from the newsletter. For this purpose, we provide a corresponding link in every newsletter message.

With the help of SuperMailer, we are able to analyze our newsletter campaigns. This allows us to see, among other things, whether a newsletter message has been opened and which links have been clicked on. SuperMailer also allows us to divide the newsletter recipients into different recipient categories. In this way, the newsletters can be better adapted to the respective target groups.

For more detailed information on the functions of SuperMailer, please see the following link:http://www.supermailer.de/about-newsletter-software.htm.

9.6 Meta Pixel

Our website uses the visitor action pixel from Meta to measure conversions. The provider of this service is Meta Platforms Ireland Ltd, 4 Grand Canal Square, Dublin 2, Ireland. However, according to Meta, the data collected is also transferred to the USA and other third countries.

This allows the behavior of site visitors to be tracked after they have been redirected to the provider's website by clicking on a Facebook or Instagram ad. This allows the effectiveness of the meta ads to be evaluated for statistical and market research purposes and future advertising measures to be optimized.

The data collected is anonymous to us as the operator of this website; we cannot draw any conclusions about the identity of the users. However, the data is stored and processed by Meta so that a connection to the respective user profile is possible and Meta can use the data for its own advertising purposes in accordance with the Meta Data Usage Policy. This allows Meta to place advertisements on Meta pages and outside of Meta. This use of the data cannot be influenced by us.

The transfer of data to the USA is based on the standard contractual clauses of the EU Commission. You can find details here: https://www.facebook.com/legal/EU_data_transfer_addendum.

In Meta's privacy policy you will find further information on the protection of your privacy: https://de-de.facebook.com/about/privacy/. You can also deactivate the remarketing function «Custom Audiences» in the «Settings» for advertisements at https://accountscenter.facebook.com/ad_preferences. To do this, you must be logged in to Facebook. If you do not have a Facebook account, you can deactivate usage-based advertising from Facebook and Instagram on the website of the European Interactive Digital Advertising Alliance: http://www.youronlinechoices.com/de/praferenzmanagement/.

10. social media networks

You will find links to social media networks on our website. These are not plugins provided by the social media network, which already transmit data to the provider when the page is loaded without the user having any influence. Behind the buttons to the social media networks there is only a link to our presence on the social media network. No user data is transmitted from the website to the social media network.

When you access a link to one of our social media profiles, a direct connection is established between your browser and the server of the relevant social network. As a result, the network receives the information that you have visited our website with your IP address and accessed the link. If you access a link to a network while you are logged into your account with the relevant network, the content of our site may be linked to your profile on the network, which means that the network can directly associate your visit to our website with your user account. If you wish to prevent this, you should log out before clicking on the relevant links. An assignment will take place in any case if you log in to the relevant network after activating the link.

11. data protection declarations of third-party providers

Please note that if you click on the link to a third-party website (e.g. social media or other website), you will be redirected to a website that we do not control and our privacy policy will no longer apply.

Your browsing and interaction on any other website is subject to the terms of use and privacy policies and notices of those third party websites. In addition, we cannot guarantee the accuracy and timeliness of these links.

We recommend that you carefully read the terms of use and the privacy statements and notices of other websites before you submit any personal data via this website. We are not responsible or liable for the information content and data processing of such third-party websites.

12. data protection officer

The Breast Atelier is the controller and responsible for the collection, processing and use of your personal data in accordance with data protection law.
Please direct any queries regarding our privacy policy and other concerns in connection with data protection at our clinic to the following address: datenschutz@breast-atelier.ch

13th adaptation of the data protection declaration

The Breast Atelier reserves the right to adapt this privacy policy at any time within the framework of the legal requirements.

14. Accessing the data protection declaration

Users can access this privacy policy online at any time.

Legal information

Liability and warranty

The online consultation is in no way a substitute for a direct personal examination, consultation or treatment. The online consultation is not suitable for making independent diagnoses or selecting treatment methods. The Breast Atelier accepts no direct or indirect responsibility for any damage or health problems that may arise from the use or misuse of the information.

In no event shall Breast Atelier be liable (including negligence) for any loss or damage, including direct or indirect consequential loss or damage, which may arise from access to, use of or any other application of the information and views published by it or from the linking of Breast Atelier to other websites, even if Breast Atelier has been advised of the possibility of such loss or damage.
Other websites can be reached from the Breast Atelier website via links inserted by Breast Atelier. Breast Atelier cannot accept any responsibility and/or liability for these websites and their content.

Copyright

The entire content of the companies' website is protected by copyright. All property rights remain with Breast Atelier in all cases.

Downloading and printing individual pages or parts thereof is permitted, provided that neither copyright notices nor other legally protected designations are removed.

The complete or partial reproduction, transmission (electronically or otherwise), modification, linking or use of the Breast Atelier websites for public or commercial purposes is prohibited without prior written consent.

The information contained on the websites is provided by Breast Atelier exclusively for private use and for information purposes.

The conduct of every surgeon must be consistent with the dignity of the medical profession. The code of conduct of the FMH, which regulates this behavior towards patients, colleagues and other partners in the healthcare system as well as behavior in public, points the way forward.

Duty to inform

The specialist is obliged to inform the patient about the technique, alternatives, the course of the operation and any complications. However, it is not possible to explain the surgical procedure down to the last detail. The patient must also be aware that every medical procedure represents a risk. The doctor-patient relationship is based on trust. The patient must have enough confidence to be able to ask any questions. The answers given by the doctor must be completely satisfactory. Surgical techniques have made enormous progress. However, it should not be forgotten that there are also limits in the field of plastic and aesthetic surgery. In the field of cosmetic surgery in particular, subjective factors and therefore often excessive expectations play a role that should not be underestimated. Before every operation, the patient must sign a declaration of consent as proof that the information about the planned procedure has been thoroughly and professionally explained and that the patient agrees to the procedure being carried out in this way.

Jurisdiction

The place of jurisdiction is Zürich.

Applicable law

The use of this website is subject to Swiss law.