We understand that the careful handling of your personal information is important to you. Therefore we appreciate your trust in us and that Zanshin handles this information conscientiously. Zanshin is responsible for the collection, processing, transfer, storage and protection of your personal information and ensures compliance with the Swiss Data Protection Act as far as data of Swiss customers are concerned and additionally for compliance with the EU Data Protection Regulation as far as data of customers from the EU area are concerned.
1 - Contact details
The person responsible for data processing is:
Zanshin Budo Rickauer
+41 (0) 43 883 03 28
2 - Applicable law
The data processing by Zanshin is subject to the following law:
2.1 Data from Swiss customers and Swiss visitors to our website
On the processing of data of Swiss clients is exclusively subject to Swiss law, in particular the Federal Law on Data Protection (DSG, SR 235.1) as well as the associated ordinance to the Federal Law on Data Protection (SR 235.11). The EU's basic data protection regulation (DSGVO) is not applicable. The applicability of the DSGVO is reserved (i) insofar as it is expressly provided for in this Data Protection Declaration for sub-areas, and (ii) insofar as the DSGVO is also mandatorily applicable to data relating to Swiss customers due to special circumstances.
2.2 Data of customers from the EU area and visitors from the EU area to our website
In addition to Swiss law, Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (Basic Data Protection Regulation, DSGVO) applies to the processing of customer data from the EU area. Cf. also item 12 (Additional regulations for customers from the EU area).
3 - Type and scope of the collection of personal data
3.1 when visiting our website (without login)
If you visit our website outside the area protected by "Login" or "App", the web server technology we use automatically logs general technical visit information. This includes, among other things, the IP address of the device used, information on the type of browser, the Internet service provider and the operating system used.
3.2 when using the Zanshin Cloud software "Dojo Manager" (with login)
3.3 Personal data
3.4 Subscription function / processing of payment information
When using a paid subscription of Zanshin, no payment information is exchanged between Zanshin and the customer's bank or its wallets (Apple Pay, Google Pay etc.). This also excludes payment and bank specific information such as IBAN, account information etc. Zanshin therefore does not store, change or process these data in any form. Instead, they are transmitted by the customer directly to the payment provider, Stripe, 510 Townsend Street, San Francisco, CA 94103, who will process, store and modify them on the customer's direct order. Zanshin only stores the success of a payment reported by the payment provider including the date in order to adjust the customer subscription accordingly.
3.5 Partner functions
When using any other optional partner functions of Zanshin or when connecting your own account to a partner, data will be exchanged between Zanshin and the respective partner.
4 - Data security
We use technical and organisational security measures in accordance with recognised market standards to protect personal data stored with us against unintentional, illegal or unauthorised manipulation, deletion, modification, access, forwarding or use and against partial or complete loss. The servers of Zanshin are located in a multiply certified and secured computer centre in Switzerland. The connection to our servers is made using SSL encryption. We regularly carry out backups of customer data (backup). In order to prevent data loss even in extreme cases (e.g. destruction of the computer centre by an earthquake), the backups are stored in parallel at a second location in Switzerland. Our security measures are continuously adapted and improved in line with technological developments. We accept no liability for the loss of data or its knowledge and use by third parties. We cannot guarantee the security of data transmission via the Internet. In particular, there is a risk of access by third parties when data is transmitted by e-mail.
5 - Purpose of the processing of personal data / recipient of the data
We process the collected data in order to be able to constantly improve the products and services you have requested, to manage your use of and your desired access to our applications, products and information, to maintain our business relationship with you, to monitor and improve the performance of our offer, to detect, prevent or clarify illegal activities and to send you offers, information or marketing material about products or services which we believe, based on the data, may be of interest to you. The data may also be passed on to partner companies and service providers, selected third party companies, institutes and/or legally entitled as well as state authorities in Germany and abroad for processing, storage and use within the scope of the above-mentioned purposes. If personal information is processed or stored in countries that do not guarantee an adequate level of data protection compared to the Swiss data protection laws, we will require the processor to comply fully with the relevant provisions of the DSG or - insofar as customer data from the EU area is concerned - the DSGVO under contractual obligatio
5.1 Authorised service providers
We have some of the aforementioned processes and services carried out by commissioned service providers who comply with data protection regulations. These are companies in the categories of IT services, payment transactions, printing service providers, billing, collection and consulting, as well as sales and marketing and service providers that we use in the context of order processing relationships.
Cookies help to make your visit to our websites easier, more pleasant and more meaningful. Cookies are information files that your web browser automatically stores on the persistent memory of your computer when you visit our website and use our services. You can independently manage your security settings in your browser and thus block or deactivate cookies used by us, whereby certain services of Zanshin may then no longer be able to be used or no longer be used to their full extent.
5.3 Tracking and analysis tools / social media
Our website uses Google Analytics, a web analytics service provided by Google Inc. with headquarters at 1600 Amphitheatre Parkway, Mountain View, CA 94043, U.S.A. ("Google"). Google Analytics uses so-called cookies, i.e. text files which are stored on your computer and which enable an analysis of your use of the website. The information generated by the cookie about your use of the website is transferred to a Google server in the USA and stored there. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for us and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties if required by law or if third parties process this data on behalf of Google.
5.4 Log files
Finally, we collect certain information via our website in so-called server log files, which store the data automatically transmitted to us by your Internet browser. These include the user agent (browser type and browser version, operating system used), HTTP header information (referrer URL, IP address of the accessing computer), the time of the server request and the login status. These server log files are only merged with other data sources for error analysis purposes.
5.5 Technologies for advertising purposes
5.6 Integration of third-party offers
Our digital offerings are networked in many ways with third-party functions and systems, for example by integrating plug-ins of third-party social networks such as Facebook, Twitter, Instagram, etc. If you have a user account with these third parties, they may also be able to measure and evaluate your use of our digital services. In doing so, further personal data such as IP address, browser settings and other parameters may be transmitted to these third parties and stored there. We have no control over the use of personal data collected by third parties in this way and accept no responsibility or liability. Furthermore, Zanshin has no detailed knowledge of what data is transferred to the third party providers, where it is transferred to and whether it is anonymised.
For service support (helpdesk) and ticket processing purposes we use Atlassian Jira, 341 George Street, Sydney, NSW 2000, Australia. There we store your name, address and e-mail address in order to process your support tickets appropriately. Furthermore, all data that you voluntarily submit to us in the context of a support request via e-mail or ticket system is stored on Atlassian's server
Our servers are operated and maintained by cyon GmbH, Brunngässlein 12, 4052 Basel, Switzerland Employees of cyon GmbH have technology-related access to your data, which is stored in the database in the computer centre of cyon GmbH. Access to this data is exclusively for optimizing the services offered by Zanshin as well as for troubleshooting and error correction.
6 - Automated decisions
Zanshin does not use profiling or automatic decision making techniques. Should Zanshin use these techniques in individual cases, you will be informed separately, if required by law.
7 - Communication by e-mail and/or newsletter
If you would like to receive a newsletter offered on our website, we require an e-mail address and other information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter ("double-opt-in" procedure). With the newsletter you will regularly receive recommendations and offers that may be of interest to you. For this purpose we collect and process personal data concerning your usage behaviour on our website, in Zanshin-Software and how you use our newsletter (e.g. whether you open the newsletter or which web URL links you click on). We evaluate this data for statistical purposes in order to better tailor the content of the newsletter to your interests.
The processing of the personal data entered in the newsletter registration form is based on your consent, which you can revoke at any time for the future. The revocation is done via the "unsubscribe" link in the newsletter. We use the personal data collected from you for the content design and dispatch of the newsletter. For the purpose of subscribing to the newsletter as well as for announcing maintenance windows and malfunctions, we store the personal data you provide with us at Mailchimp, The Rocket Science Group LLC, 675 Ponce De Leon Ave NE Ste 5000, Atlanta, GA, 30308-2172 USA. If you unsubscribe from the newsletter, this will be noted there and you will no longer receive marketing emails, but you will continue to receive any communication necessary to maintain all Zanshin services.
8 - Duration of data retention
Zanshin processes and stores your personal data as long as you use the services related to Zanshin. It should be noted that the contractual relationship is a continuing obligation that is valid for years. If the data are no longer necessary for the fulfilment of contractual or legal obligations, they are regularly deleted, unless their - temporary - further processing is necessary for the following purposes:
- Fulfilment of commercial, tax and other retention obligations in Switzerland: In particular, the ten-year period for keeping and retaining the business records (OR 958f) should be mentioned; longer periods may also result from special laws.
- Fulfilment of commercial, tax and other storage obligations in Germany: In particular, the German Commercial Code (HGB) and the German Fiscal Code (AO) should be mentioned. The periods for storage or documentation specified there are two to ten years; longer periods can also result from special laws.
- Fulfilment of commercial, tax and other storage obligations in other countries, as far as and insofar as Zanshin is active there.
- Retention of evidence within the framework of the respective legal statutes of limitation, whereby such periods of limitation can be up to 30 years and more.
9 - Information, Rectification, Erasure, Blocking, Consent
You have the following rights with regard to your personal data. Zanshin explicitly grants these rights contained in the DSGVO to Swiss customers as well, insofar as they are not already entitled to similar rights under the DSG:
- the right of access under Article 15 DSGVO,
- the right of rectification under Article 16 DSGVO,
- the right of erasure under Article 17 DSGVO,
- the right to restrict processing under Article 18 DSGVO,
- the right of transferability under Article 20 DSGVO,
- and the right of objection under Article 21 DSGVO.
Any restrictions of the DSGVO and the applicable national data protection laws or other national laws apply to the rights mentioned above.
If you are asked to give your consent in connection with the services of Zanshin, you give this consent by clicking on the corresponding checkbox that Zanshin may collect, process, use and pass on your personal data accordingly. Of course, you can revoke your consent at any time, without affecting the legality of the processing carried out on the basis of the consent until the revocation. The revocation can be sent in writing to the address of Zanshin mentioned above. However, some of the services and functions will no longer be available to you afterwards.
10 - Links to other websites
The Zanshin website as well as the software offered by Zanshin contains hyperlinks to websites of third parties that are not operated or controlled by Zanshin. Zanshin is not responsible for their content or data protection practices.
11 - Additional regulations for EU customers
The following provisions are only applicable to customers from the EU area, they do not apply to Swiss customers.
11.1 Legal basis of processing
The processing of your data for the purposes mentioned in point 5 is carried out in accordance with article 6 paragraph 1 letter b DSGVO for the purpose of fulfilling the contract. The object of the contract is the above-mentioned services. Likewise, the processing of your data, as described above, is carried out to safeguard the legitimate interests of Zanshin (article 6 paragraph 1 letter f DSGVO). These are the improvement of the products and services (including the delivery of direct advertising), to monitor and improve the performance of the offer and to detect, prevent or clarify illegal activities.
In addition, the data is processed in accordance with Article 6 Paragraph 1 Letter c DSGVO to fulfil legal obligations (e.g. storage and documentation obligations). This includes in particular your personal master data.
If you believe that one or more of the purposes mentioned in point 5 are not covered by the legal bases mentioned above, you can ask us to stop processing your personal data for certain specific purposes (opt-out). Such an opt-out does not prevent you from further using the Zanshin Cloud Software, provided that such use does not necessarily require the corresponding data processing. You can send such an opt-out in writing to the address of Zanshin mentioned abo
11.2 Right of appeal
If you believe that the processing of personal data relating to you is in breach of the DSGVO, you have the right to appeal to a competent supervisory authority in accordance with Article 77 DSGVO. Zanshin will of course be pleased to receive your questions and requests in advance of any complaint. Please contact us by email.