Version 04.2019 valid until the 30th of November 2019: Download PDF
Table of contents
- General information
- Handling of personal data by newhome
- Handling of personal data with regard to third parties
- Use of newsletters
- Right of information and deletion
newhome.ch AG (hereinafter “newhome”) takes the protection of its users’ personal data very seriously. This document explains how the storage, processing and transfer of personal data takes place in compliance with Swiss data protection legislation and – if applicable – the European Union’s General Data Protection Regulation (GDPR), and for which purposes newhome uses this data.
The data controller is newhome.ch AG, Stauffacherstrasse 45, 8004 Zurich. If third-party services are used, the privacy policies of these third parties apply exclusively.
When users confirm their acceptance of newhome’s GTCs by submitting their declaration of intent by clicking the corresponding icons (which is confirmed via the appearance of a check mark), these GTCs become explicit contents of the contract.
newhome is subject to the Federal Act on Data Protection Act (FADP) as well as – if applicable – the GDPR and, within this context, is committed to protecting the privacy of its users and to processing their personal data in accordance with the provisions of the FADP and, if applicable, the GDPR.
newhome hereby undertakes
- to comply with the statutory requirements for the processing of personal data
- to process personal data in good faith using the proportionality principle and to obtain the consent of the affected users where necessary
- to ensure that personal data is processed only for the purpose that was specified during its procurement
- to use the acquired personal data to fulfil its contractual obligations and ensure a high quality of service
- to develop and maintain customer relationships
- to ensure the accuracy of the data (data integrity)
- to ensure data protection through technical and organisational measures (data security)
- to indicate the reason and purpose for the acquisition and processing of the data
Although newhome respects the provisions of the Data Protection Act (DSG), and where applicable also the GDPR, it cannot comprehensively guarantee the confidentiality, integrity, authenticity and availability of personal data. The user hereby acknowledges that personal data that is disclosed on newhome.ch (for the purpose of making a contact request) may also be accessed in countries which lack legislation that guarantees an adequate level of data protection. In addition, personal data can be registered by search engines and reproduced on the same with appropriate research.
Through their use of this website, users acknowledge newhome’s process for handling personal data as described below and provide their consent to the use of their personal data by newhome to the extent and for the purposes described.
2.1 Collection of data
In order to provide services in the ecosystem of newhome and to optimise the online property platform newhome.ch for users in the best possible way, newhome collects data at various points. This includes in particular the following essential personal data:
- Email address and password, salutation, surname, first name, address (street, postal code, locality), telephone number and language.
The personal data is stored in a secured database environment in Switzerland.
The retention period shall only be as long as is necessary for the respective processing purpose or, in the case of contracts, at least for the duration of the contractual relationship. It shall also take into account the existence of a justified interest on the part of newhome in the data storage (e.g. limitation periods for possible legal claims of newhome, guarantee of IT security, data security and data protection control) as well as any contractual or statutory retention obligations.
2.3 Data security
newhome gives high priority to the protection of data against unauthorised access. In order to increase data security:
- newhome uses standard encryption techniques (for example, SSL) where necessary
- newhome verifies its practices regarding the collection, storage, use and handling of data including physical security measures to prevent unauthorised access to its systems
- newhome only grants access to personal data to employees and contractors who require such access in order to process the data for newhome for the stated purpose, and who have been obligated to uphold strict confidentiality requirements
The website newhome.ch is hosted in Switzerland.
Users are solely responsible for the safe delivery of their data and for ensuring that it is not intercepted, recorded, stolen or otherwise made available to third parties during its transmission between the respective user and newhome.
2.4 Use of data
2.4.1 registered users
In addition to newhome, the cantonal bank expressly selected by the registered user shall also have access to the personal data collected when registering, ordering a product or using a newhome service.
This personal data is used to provide and improve the services of newhome and may be used by the registered user’s selected affiliated cantonal bank for commercial purposes.
Registered users also accept that both newhome and their selected cantonal bank may use users submitted personal data internally for marketing purposes. Within the scope of said commercial use, registered users give their consent for their selected cantonal bank to contact them directly.
2.4.2 non-registered user
Personal data submitted by non-registered users via a listing’s contact form will be forwarded by newhome directly to the respective registered user or advertiser.
Users give their consent for newhome to save and evaluate the personal data that is submitted via said contact form, and also to disclose this data to the affiliated cantonal banks. Within the scope of said disclosure, registered users give their consent for their selected cantonal bank to contact them directly.
2.4.3 Registered personal data
The following personal data is collected at this point:
- General: contact date
- Non-registered users: all information from the contact form, such as salutation, surname, first name, address (street, postal code, locality), telephone number, email address
- Registered users: all information from the contact form, such as company, salutation, surname, first name, address (street, postal code, locality), telephone number, email address and message, and the contents of the user’s inbox (of their personal user account, for the purpose of investigating suspected offences)
- Advertisers: all information from the contact form, such as company, name, surname, address (street, postal code, locality), telephone number, email address. the contents of the user’s inbox (of their personal user account, for the purpose of investigating suspected offences)
- Additionally, for each property that is listed/saved by the user: immocode, price, property type, address (street, postal code, locality) as well as the invoice forms for any paid services provided by newhome
This personal data is used to provide and improve the services of newhome and may be used by the registered user’s selected affiliated cantonal bank for commercial purposes.
Registered users can correct or change the information saved in their user profile at any time. User profiles are edited by the respective user. newhome and the user’s selected cantonal bank merely reserve the right to delete any profiles containing obviously incorrect information and to reset login information (e.g. passwords) at the express request of the user concerned.
newhome also reserves the right to set the status of registered users whose last login was more than 12 months previously to inactive and subsequently to delete all data/properties associated with the respective accounts. There is no obligation on the part of newhome to inform the users concerned about these clean-up processes.
The collected and stored personal data will not be sold, leased, given away, published or otherwise made available to third parties by newhome or the cantonal bank selected by the user.
This does not apply to processing that is carried out.
- for a purpose directly related to the purpose for which the personal data was originally collected, e.g. the import and export of listings on partner platforms, or other third-party services to which the respective user has previously consented.
- in the case of misuse of the service
- to combat fraud
Furthermore, newhome and the user’s selected cantonal bank will not share the respective user’s personal data with third parties without said user’s consent. However, they reserve the right to share information about undesirable advertisers with all affiliated cantonal banks and partner platforms.
3.1 Misuse of the service
In the case of misuse of the service, and in particular in the case of suspicion of a criminal act, a legal obligation or a governmental or judicial order, newhome reserves the right to share users’ personal data. In this context, personal data may be analysed in order to clarify the situation and, following a justified request, passed to the relevant authorities or the third parties who have been affected by the misuse.
3.2 Transmission of data to other service providers
Furthermore, the user agrees that newhome may share the personal data received to the following third parties: payment providers (e.g. credit card companies, banks, PayPal, mobile phone providers) and IT service providers (e.g. data centres, hosting providers). These service providers will only be granted access to users’ personal data to the extent required to carry out the associated tasks.
3.3 Advertising, personalised advertising
newhome may show advertising to users who are using its services. newhome may also show personalised advertising created by third parties whose content is based on the respective user personal data.
During registration on newhome, newhome also gives users the opportunity to register with its partner companies. Should users choose to complete a co-registration of this kind, newhome will forward the personal data collected for the co-registration to the respective partner, who will become the owner of the data
3.5 Links to third-party service providers
The newhome.ch website may contain links to offers by third-party providers. newhome has no influence over the way these providers process the customer data collected on their own websites. newhome is not responsible for compliance with data protection regulations on the part of these third parties.
- cookies to optimise the platform and to determine the number of page views.
- on the other hand, tracking systems for the improvement of offers and the delivery of personalised recommendations and offers.
newhome reserves the right to use tracking systems (see Section 4.2 below). newhome will combine these tracking systems used with an update of the data protection provisions in advance and thus ensure that the tracking systems in operation are always explicitly listed in the data protection provisions.
Cookies are anonymous text files that are stored on each user’s terminal.
Cookies are used for the following purposes:
- For statistical purposes.
- For automatic login of registered users, provided that the visitor/user has specified this during the login process.
- To display content and advertising based on the advertiser’s/user’s interests.
Users can prevent the installation of cookies via their browser’s settings. However, newhome wishes to point out that doing so may limit the user’s ability to access all of the platform’s features.
In order to provide its users with a platform that is free to use in principle, newhome is dependent upon advertising. newhome therefore allows selected partners to place advertisements on the website.
4.2 Use of tracking systems
newhome collects so-called tracking data, which provides information about the use of its website.
The following tracking systems are used by newhome.
4.2.1 Emarsys Web Extend
newhome uses the Web Extend tool of Emarsys eMarketing Systems AG, Märzstrasse 1, 1150 Vienna, Austria (Emarsys) to improve its services, enrich existing profiles and deliver personalised recommendations to advertisers and users.
Emarsys stores the data on a secure database in Austria in compliance with data protection regulations.
The collection of information about the (unregistered) user on newhome.ch takes place either anonymously (before login) or in a pseudonymised form and includes the email address as identification of the already registered user as well as, for example, the language of the page called up, the location/canton of his search relevant to the user as well as information about the advertisement called up.
The survey requires, among other things, the setting of cookies in the browsers of users who also record IP address, browser user agent, cookie identifiers and pseudonymised identifiers.
In addition, newhome collects various website activities of the registered user.
The collection includes the email address as identification of the registered user as well as, for example, the date of publication/storage in the watch list of an advertisement, the booking of a product, the last registration and the storage of a search subscription.
Registered users can object to web tracking, profile enrichment and the sending of recommendations by deactivating the corresponding function in the respective user data settings or by sending a message to firstname.lastname@example.org to make a decision.
Further information about data protection at Emarsys can be found here https://www.emarsys.com/en/privacy-policy/.
4.2.2 Google Analytics
newhome uses Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (Google).
The information generated by the cookies about the use of this website (including the IP address of the user) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating the use of the website by users, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. This information may also be transmitted to third parties as required by law or if third parties are commissioned to process this data on behalf of the aforementioned web analytics services. In no case will the user’s IP address be associated with the other data being processed by these web analytics services
4.2.3 Doubleclick from Google Inc
newhome uses Doubleclick from Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). The information generated is transmitted by Google to a server in the USA for evaluation and stored there.
Users can view the current profile determined by Google under https://www.google.com/ads/preferences. It is also possible to edit the profile or deactivate certain functions on the aforementioned website.
4.2.4 Google Remarketing
newhome uses services from Google Remarketing, a feature of Google AdWords, to create and display individual, interest-relevant advertisements via the Google advertising network.
The operating company of the services of Google Remarketing is Google.
To recognise an user, Google Remarketing stores a cookie in the browser of the user. Identification by IP address takes place automatically at Google if Internet pages are accessed that are also members of the Google advertising network. Google may also pass on the collected information to third parties as required by law or if third parties are commissioned to process this data on behalf of the aforementioned web analytics services.
Users can prevent the setting of cookies at any time by means of an appropriate setting in the browser, as described above. It is also possible to object to interest-related advertising by Google by calling up www.google.de/settings/ads and saving the desired settings.
4.2.5 Facebook Remarketing / Retargeting
newhome uses the remarketing function “Custom Audiences” of the social network Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (Facebook).
The information obtained in this way about the pages visited by users may be used by newhome, among other things, to play interest-related advertisements (“Facebook Ads”) on the social network Facebook.
When users visit newhome.ch, a cookie is set and a direct link is established between the browser and the Facebook server to assign the visit to a Facebook account. newhome has no influence on the extent and further use of the data collected by Facebook through the use of this tool. By integrating Facebook Custom Audiences, it is possible for Facebook to receive the information that users have called up newhome.ch or clicked on an advertisement from newhome. If users are registered with a Facebook service, Facebook can assign the visit to an account. Even if users are not registered on Facebook or have not logged in, the provider may learn and store IP address and other identifiers.
Users can prevent the placement of cookies via their browser’s settings or – if logged into Facebook – disable the function at https://www.facebook.com/settings/?tab=ads#_. newhome wishes to point out that doing so may limit the user’s ability to access all of the platform’s features.
newhome offers the possibility to subscribe to a newsletter for the purpose of receiving relevant information on the Swiss real estate market or current products and services from newhome and/or a cantonal bank.
The following data stored during registration for the newsletter receipt will be transmitted to Emarsys for the technical processing of the dispatch:
- Newsletter subscription: Salutation, first name, surname, email address, postal code, confirmation of registration.
- Save search subscription: Email address, confirmation of registration.
- Registration on newhome.ch/user data: Email address, confirmation of registration, time of registration and all information from the user data.
As part of the delivery of the newsletter, newhome evaluates the opening rate and clicks of the users in the newsletter in order to draw conclusions about the delivered offer and to send the user further, more suitable offers.
Users can unsubscribe from the newsletter at any time by clicking on the corresponding link at the end of the respective newsletter or by sending an email to email@example.com.
Users are entitled to request information about their personal data which is used by newhome at any time. Users also have the right to correct erroneous data and to terminate (delete) the collection of their personal data. The deletion shall take place unless there are legal provisions and orders from state authorities, e.g. courts, which require newhome to store and make available this personal data, or if the data is subject to any statutory retention periods (see the retention period as described in Section 2.2).
Furthermore, users may object to the data processing or revoke their previously granted consent. In such cases, any processing of the data that took place before the revocation shall retain its legality.
To exercise any of the above rights, requests must be sent by email to firstname.lastname@example.org or in writing to the Data Protection Officer at newhome.ch AG:
Data Protection Officer
At any time, newhome may request proof of identification in the context of information and deletion requests.
If applicable, users also have the right to lodge an appeal with the competent supervisory authority regarding data processing. Users can do so by contacting the supervisory authority with responsibility for their place of residence, workplace or the location of the suspected data-protection violation.
The competent supervisory authority in Switzerland is the Federal Data Protection and Information Commissioner (Eidgenössische Datenschutz- und Öffentlichkeitsbeauftragte (FDPIC)).
The user hereby agrees that their personal data may be collected in accordance with the above statements and stored and used for the purposes described therein.
Copyright by newhome
Guidelines for privacy policies as of 01.12.2019