. Dojo Manager: Privacy Policy

Privacy Policy

The sole proprietorship Zanshin Budo Rickauer, Weidstrasse 9, 8118 Pfaffhausen, Switzerland (hereinafter "Zanshin"), is the author of this Privacy Policy and the owner of the information (data) collected about you under this Privacy Policy. In addition, the General Terms and Conditions (AGB) of Zanshin apply.

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
Weidstrasse 9
8118 Pfaffhausen
Switzerland
+41 (0)44 826 50 07

 

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)

During the free test access as well as during the paid use of the software provided by Zanshin within the area protected via "Login" or "App", all data entered or submitted by the user during the registration process as well as within the scope of the use of the software will be additionally stored. This is particularly the case if you register, place orders, fill out online forms, participate in surveys or competitions, correspond with us online or offline or come into contact with us via social media, blogs or other interactive media. This is usually where your personal data (name, address, e-mail address) and the settings required for the respective service are collected. By collecting your data (registration), you consent to the processing, use and disclosure of your personal data within the scope and to the extent of the purposes described in this privacy policy.

3.3 Personal data

When using Zanshin's software, personal data of third parties (for example, students, instructors, legal guardians, suppliers, representatives of the press and media, as well as self-created contact types) of the end customer are naturally transmitted to Zanshin. Zanshin treats these data with reasonable care and ensures their security in accordance with the standards set out in this Privacy Policy. The end-customer declares its consent and releases Zanshin from any possible claims of these third parties of the end-customer against Zanshin. The End User further declares that he/she bears the sole responsibility for informing his/her third party contacts regarding the possible storage, use, processing and disclosure of data by Zanshin in accordance with the standards of this Privacy Policy. In the event that individual third parties of the End User do not agree with the envisaged data processing, the End User is solely responsible for deleting the respective data in his data area accordingly.

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.

5.2. Cookies

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.

Our website uses the "demographic features" function of Google Analytics. This allows us to create reports that contain statements about the age, gender and interests of the site visitors. This data comes from interest-related advertising by Google as well as visitor data from third parties. This data cannot be assigned to a specific person. You can disable this feature at any time in the ad settings in your Google Account or generally prohibit Google Analytics from collecting your information. For more information, please see the Google Privacy Policy at support.google.com/analytics/answer/6004245.

If you do not want your website activities to be available for Google Analytics, you can install the browser add-on to deactivate Google Analytics: support.google.com/analytics/answer/181881. This prevents activity data from being shared with Google Analytics via the JavaScript (ga.js, analytics.js and dc.js) executed on websites. The analysis of data by other tools of the website owner is not prevented if you use the add-on. Data can still be sent to the website or other web analytics services.

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

Google Analytics
Our website uses the functions of Google Analytics Remarketing in conjunction with the cross-device functions of Google AdWords and Google DoubleClick. Provider is Google Inc. 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. This feature allows you to link the advertising audiences created with Google Analytics Remarketing to the cross-device capabilities of Google AdWords and Google DoubleClick. In this way, interest-based, personalized advertising messages that have been adapted to you on one device (e.g. mobile phone) depending on your previous usage and surfing behavior can also be displayed on another of your devices (e.g. tablet or PC). If you have given Google permission, Google will link your web and app browsing history to your Google Account for this purpose. In this way, the same personalized advertising messages can be displayed on any device that you sign in with your Google Account. To support this feature, Google Analytics collects Google-authenticated user IDs that are temporarily linked to our Google Analytics data to help define and create audiences for cross-device advertising. You can opt-out of cross-device remarketing permanently by deactivating personalised advertising in your Google Account at www.google.com/settings/ads/onweb/. For more information, please see the Google Privacy Policy at www.google.com/policies/technologies/ads

Google Adwords
Our website also uses the online advertising program Google AdWords. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. In the context of Google AdWords we use the so-called conversion tracking. When you click on an ad placed by Google, a cookie is set for conversion tracking. Cookies are small text files that the web browser places on your computer. These cookies expire after 30 days and are not used to identify you. If you visit our website and the cookie has not expired, Google and we can recognize that you clicked on the ad and were redirected to this page. We learn from Google the total number of users who clicked on our ad and were redirected to our conversion-tracking tagged site. However, we do not receive any information that can be used to identify you personally. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent tracking by deactivating the Google Conversion Tracking cookie via your Internet browser under User Settings. You can find further information in Google's privacy policy at www.google.de/policies/privacy/.

Facebook Pixel
Our website additionally uses the visitor action pixel of Facebook, provider is Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA. The Facebook pixel can be used to track the behavior of page visitors after they have been redirected to our website by clicking on a Facebook advertisement. This allows us to evaluate the effectiveness of Facebook ads for statistical and market research purposes and to optimize future advertising efforts. The data collected is anonymous to Zanshin, we cannot draw any conclusions about your identity. However, the data is stored and processed by Facebook so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes, in accordance with the Facebook Data Usage Policy. This allows Facebook to enable the placement of advertisements on pages of Facebook and outside of Facebook. This use of data cannot be influenced by Zanshin. You can permanently object to remarketing by deactivating the remarketing function "Custom Audiences" in the Advertising Settings section of www.facebook.com/ads/preferences/. You must be logged in to Facebook to do this. If you do not have a Facebook account, you can disable usage-based advertising from Facebook on the European Interactive Digital Advertising Alliance website at www.youronlinechoices.com/de/praferenzmanagement/. For more information, please refer to the Facebook Privacy Policy at www.facebook.com/about/privacy/.

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.

YouTube
YouTube plug-ins are integrated on our website. The provider is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. The YouTube plug-in connects to the servers of YouTube. This tells the YouTube server which of our pages you have visited. If you are logged in to your YouTube account, YouTube can assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account. For more information, please refer to the YouTube privacy policy at www.google.de/intl/de/policies/privacy.

Atlassian Jira
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

Cyon GmbH
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.

 

12 - Amendment of the privacy policy

We reserve the right to change this privacy policy at any time. The respective version published on our website applies.