Privacy Policy

This privacy policy provides information about the personal data we process in connection with our activities and operations, including our CapCognition website. In particular, we provide information on why, how and where we process personal data. We also provide information about the rights of persons whose data we process.

Further data protection declarations and other legal documents such as General Terms and Conditions (GTC), Terms of Use or Conditions of Participation may apply to individual or additional activities and operations.

We are subject to Swiss data protection law as well as any applicable foreign data protection law, in particular that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognizes that Swiss data protection law ensures adequate data protection.

1 Contact Details

Responsibility for the processing of personal data:

CapCognition KLG
Usterstrasse 40c
8308 Illnau
info@capcognition.com

We would like to point out if there are other controllers for the processing of personal data in individual cases.

2 Terms and legal basis

2.1 Definitions

Personal data is any information relating 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, procurement, collection, erasure, storage, modification, destruction and use of personal data.

Processing means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation, retrieval, consultation, use, disclosure, restriction, erasure or destruction.

2.2 Legal bases

We process personal data in accordance with Swiss data protection law, in particular the Federal Act on Data Protection (FADP) and the Ordinance to the Federal Act on Data Protection (OFADP).

2.3 Controller and processor roles

For our own activities, such as operating our website, communicating with customers and interested parties, providing support, managing licences, processing payments and handling contractual relationships, CapCognition KLG is generally the controller responsible for the processing of personal data.

Where our SDKs, software components or models are integrated into applications, products, systems or services operated by our customers, the respective customer is generally responsible for the processing of personal data in that environment. In such cases, CapCognition only processes personal data on behalf of the customer if and to the extent agreed in a separate data processing agreement.

Our customers are responsible for informing their users and other affected persons about the specific processing carried out in their own applications and systems and for obtaining any required consents or other legal permissions.

3 Data processing

We process various categories of data about you. The most important categories are as follows:

3.1 Technical data

When you visit our website, we process technical data such as your IP address, browser information, access time, requested pages and similar server log data. This processing is necessary to provide, secure and improve our website and electronic services.

3.2 Registration data

Certain offers and services can only be used with a user account or registration, which can be done directly with us or via our external login service providers. In doing so, you must provide us with certain data and we collect data on the use of the offer or service. We generally retain registration data for 12 months after the end of the use of the service or the termination of the user account.

3.3 Communication data

If you are in contact with us via the contact form, by e-mail, telephone, letter or other means of communication, we collect the data exchanged between you and us, including your contact details and the marginal data of the communication. If we want or need to establish your identity, we collect data to identify you (e.g. a copy of an identity document). We generally store this data for 12 months from the last exchange with you. This period may be longer if this is necessary for reasons of proof or to comply with legal or contractual requirements or for technical reasons. E-mails in personal mailboxes and written correspondence are generally stored for at least 10 years.

3.4 Master data

We define master data as the basic data that we require in addition to the contract data (see below) for the processing of our contractual and other business relationships or for marketing and advertising purposes, such as name, contact details and information, e.g. about your role and function, your bank details, your date of birth or customer history. We process your master data if you are a customer or other business contact or work for one (e.g. as a contact person of the business partner), or because we want to contact you for our own purposes or the purposes of a contractual partner (e.g. in the context of marketing and advertising). We receive master data from you yourself (e.g. when you make a purchase or register), from bodies for which you work, or from third parties such as our contractual partners, associations and address dealers and from publicly accessible sources such as public registers or the Internet (websites, etc.). As a rule, we store this data for 10 years from the last exchange with you, but at least from the end of the contract. This period may be longer if this is necessary for reasons of proof or to comply with legal or contractual requirements or for technical reasons. In the case of pure marketing and advertising contacts, the period is normally much shorter, usually no more than 2 years from the last contact.

3.5 Contract data

This is data that arises in connection with the conclusion or processing of a contract, e.g. information about contracts and the services to be provided or provided, as well as data from the run-up to the conclusion of a contract, the information required or used for processing and information about reactions. We generally collect this data from you, from contractual partners and from third parties involved in the execution of the contract, but also from third-party sources (e.g. providers of credit rating data) and from publicly accessible sources. As a rule, we store this data for 10 years from the last contractual activity, but at least from the end of the contract. This period may be longer if this is necessary for reasons of proof or to comply with legal or contractual requirements or for technical reasons.

3.6 SDK and software usage data

Our SDKs, software components and models may be integrated into applications, systems or services operated by our customers. Depending on the specific implementation by the customer, the SDK may process technical data, images, video frames, barcode data, licence plate data, device identifiers, licence information, log data and similar data.

Unless expressly stated otherwise, recognition data such as images, video frames, licence plate data or barcode data processed by the SDK is processed locally within the customer's application or infrastructure and is not transmitted to CapCognition.

If the SDK or related software connects to CapCognition services, for example for licence validation, model downloads, updates, support, diagnostics or error analysis, we may process technical data such as licence keys, product version, device or system information, IP address, timestamps and log data.

The specific categories of personal data processed through the SDK depend on the customer's implementation and use case. Customers must ensure that their use of the SDK complies with applicable data protection laws.

You provide us with much of the data mentioned in this section 3 yourself (e.g. via forms, in the context of communication with us, in connection with contracts, when using the website, etc.). You are not obliged to do so, subject to individual cases. If you wish to conclude contracts with us or make use of services, you must also provide us with data as part of your contractual obligation under the relevant contract, in particular master data, contract data and registration data. When using our website, the processing of technical data is unavoidable.

Insofar as this is not inadmissible, we also take data from publicly accessible sources or receive data from authorities and other third parties.

4 Collection, use and storage of personal data

When you visit our website or use our electronic services, we process technical data such as your IP address, browser information, access time, requested pages, referring websites and similar server log data. This processing is necessary to provide, secure, maintain and improve our website and electronic services.

We collect personal data primarily from you, for example when you contact us, use our services, create an account, purchase products or licences, request support or communicate with us. We may also receive personal data from customers, contractual partners, service providers, public sources or authorities where permitted by applicable law.

We retain personal data only for as long as necessary for the purposes for which it was collected, as long as we have a legitimate interest in retention, or as long as legal or contractual retention obligations apply.

5 Data transfer

In connection with our contracts, the website, our services and products, our legal obligations or otherwise to protect our legitimate interests, we also transfer your personal data to third parties, in particular to the following categories of recipients:

5.1 Public authorities

We may disclose personal data to offices, courts and other authorities in Switzerland and abroad if we are legally obliged or entitled to do so or if this appears necessary to protect our interests.

5.2 Contractual partners including customers

This initially refers to customers (e.g. service recipients) and other contractual partners of ours, because this data transfer arises from these contracts. If you work for such a contractual partner yourself, we may also transfer data about you to them in this context. The recipients also include contractual partners with whom we cooperate.

5.3 Service providers

We may disclose personal data to service providers that support us in operating our website, providing digital infrastructure, processing payments, delivering software, validating licences, providing support, analysing errors or otherwise performing our business activities. These service providers may process personal data only for the agreed purposes and in accordance with applicable legal requirements.

5.4 International transfers of personal data

We may process and disclose personal data in Switzerland, the European Economic Area (EEA), the United Kingdom, the United States and other countries where we or our service providers operate. If personal data is transferred to a country without an adequate level of data protection, we use appropriate safeguards, such as standard contractual clauses or other legally recognised mechanisms, unless an exception applies.

6 Data security

We take appropriate technical and organizational measures to ensure data security appropriate to the respective risk. However, we cannot guarantee absolute data security.

Our website is accessed using transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated to HTTPS). Most browsers indicate transport encryption with a padlock in the address bar.

Our digital communication - like all digital communication in general - is subject to mass surveillance without cause or suspicion and other surveillance by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We cannot directly influence the corresponding processing of personal data by secret services, police forces and other security authorities.

7 Use of the website

7.1 Cookies

We may use cookies. Cookies - our own cookies (first-party cookies) as well as cookies from third parties whose services we use (third-party cookies) - are data that are stored in the browser. Such stored data need not be limited to traditional cookies in text form.

Cookies can be stored in the browser temporarily as "session cookies" or for a certain period of time as so-called permanent cookies. "Session cookies" are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. In particular, cookies make it possible to recognize a browser the next time it visits our website and thus, for example, to measure the reach of our website. However, permanent cookies can also be used for online marketing, for example.

Cookies can be completely or partially deactivated and deleted at any time in the browser settings. Without cookies, our website may no longer be fully available. We request your consent for cookies and similar technologies where required by applicable law, in particular for analytics, marketing or third-party services that are not technically necessary. Technically necessary cookies may be used without consent where permitted by applicable law.

For cookies that are used to measure success and reach or for advertising, a general objection ("opt-out") is possible for numerous services via AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

7.2 Server log files

We may collect the following information for each access to our website, provided that this information is transmitted by your browser to our server infrastructure or can be determined by our web server: Date and time including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including amount of data transferred, last website accessed in the same browser window (referer or referrer).

We store such information, which may also constitute personal data, in server log files. The information is required to provide our website in a permanent, user-friendly and reliable manner and to ensure data security and thus in particular the protection of personal data - also by third parties or with the help of third parties.

8 Notifications and communications

8.1 Consent and objection

You must always expressly consent to the use of your e-mail address and other contact addresses, unless the use is permitted for other legal reasons. Wherever possible, we use the "double opt-in" procedure to obtain consent, i.e. you will receive an e-mail with a web link that you must click on to confirm, so that no misuse by unauthorized third parties can occur. We may log such consents, including the Internet Protocol (IP) address, date and time, for reasons of proof and security.

You can object to receiving notifications and communications such as newsletters at any time. With such an objection, you can also object to the statistical recording of usage for measuring success and reach. Necessary notifications and communications in connection with our activities and operations remain reserved.

8.2 Contact form

Data transmitted via the contact form, including your contact details, will be stored in order to process your request or to be available for follow-up questions. This data will not be passed on without your consent.

The data entered in the contact form is processed in order to handle your request and any follow-up questions. Depending on the nature of your request, the processing may be based on your consent, our legitimate interests, pre-contractual measures or the performance of a contract. Where processing is based on consent, you may withdraw your consent at any time with effect for the future.

Data transmitted via the contact form will remain with us until you ask us to delete it, revoke your consent to storage or there is no longer any need to store the data. Mandatory statutory provisions - in particular retention periods - remain unaffected.

9 Third-party services

9.1 Digital infrastructure

We use the services of specialized third parties in order to be able to use the necessary digital infrastructure in connection with our activities and operations. This includes, for example, hosting and storage services from selected providers.

We use in particular:

• Hosttech for hosting and digital infrastructure

Depending on the services used, technical data such as IP addresses, access logs, system information and communication data may be processed by these providers.

9.2 Fonts

We use fonts, icons, logos and symbols to display our website consistently. Where possible, such resources are hosted locally so that no connection to third-party font providers is established when you visit our website.

We use:

• Google Fonts

9.3 Payments

We use specialized service providers to process our customers' payments securely and reliably. The legal texts of the individual service providers, such as general terms and conditions or data protection declarations, also apply to the processing of payments.

We use:

• Payrexx AG

9.4 Google Analytics

We may use Google Analytics, a web analytics service provided by Google Ireland Limited and, where applicable, Google LLC. Google Analytics helps us understand how visitors use our website and improve our online offering.

Google Analytics may use cookies and similar technologies. Information about your use of our website, including technical data such as your IP address, browser information, device information and usage data, may be processed by Google. Depending on the configuration and the services used, data may also be transferred to countries outside Switzerland or the EEA, including the United States.

We use Google Analytics only where permitted by applicable law and, where required, based on your consent. You can prevent analytics cookies by adjusting your cookie preferences or browser settings.

10 Software, SDKs, licences and downloads

When you download, install, activate or use our software, SDKs, models or related components, we may process technical data such as product name, version, licence key, download time, IP address, device or system information, error messages and log data.

We use this data to provide downloads, manage licences, prevent misuse, ensure security, provide updates, handle support requests and improve our products and services.

Unless expressly stated otherwise, our SDKs do not transmit recognition input data such as images, video frames, licence plate data or barcode content to CapCognition. Such data is generally processed locally within the customer's application or infrastructure.

11 Data breaches

In the event of a data security breach, we take appropriate measures to assess and limit the impact. Where required by applicable law, we notify the competent supervisory authority and affected individuals.

12 Your rights

12.1 Data subject rights

Subject to applicable law, you may have the right to request information about personal data processed about you, to request correction, deletion or restriction of processing, to object to processing, to withdraw consent with effect for the future and to request the disclosure or transfer of certain personal data in a commonly used format.

If the GDPR applies, you may also have the right to lodge a complaint with a competent data protection supervisory authority. In Switzerland, you may contact the Federal Data Protection and Information Commissioner (FDPIC).

You can contact us at any time at info@capcognition.com if you wish to exercise your rights or have questions about the processing of personal data.

12.2 Withdrawal of consent

Where processing is based on consent, you may withdraw your consent at any time with effect for the future. The lawfulness of processing carried out before the withdrawal remains unaffected.

12.3 Final provisions

We may amend and supplement this privacy policy at any time. We will inform you of such amendments and additions in an appropriate form, in particular by publishing the current privacy policy on our website.