privacy policy
1. General Principle
The protection of your privacy is an important concern for atelier noir. The following privacy policy explains what personal data is processed when you visit the websites of atelier noir, salon noir, or livre noir, when you use our online services such as BIMcloud and data sharing, or, more generally, when atelier noir provides services to you.
atelier noir collects and processes your personal data carefully, only for the purposes described in this privacy policy, to the extent necessary, and within the framework of applicable legal provisions. atelier noir retains your personal data only to the extent and for as long as it is required to provide the requested services or as provided by law. In close cooperation with our hosting providers, atelier noir makes every effort to protect databases from unauthorized access, loss, misuse, or falsification.
This privacy policy is aligned in particular with the EU General Data Protection Regulation (GDPR). Although the GDPR is a regulation of the European Union, it is of relevance to atelier noir, particularly since atelier noir operates internationally. The Swiss Data Protection Act (DPA) is strongly influenced by EU law, and companies outside the European Union or the EEA must comply with the GDPR under certain circumstances.
2. Data Protection Officer / Controller
The Board of Directors is responsible for ensuring compliance with applicable data protection regulations. If you have any data protection concerns, they can be forwarded by mail or electronic mail (email) to the following contact address:
atelier noir ag
Attn: Board of Directors
Chamerstrasse 176
6300 Zug
Switzerland
3. Collection and Processing of Personal Data
atelier noir primarily processes the personal data required and made accessible within the scope of complying with official regulations, legal bases, as well as construction law and project-specific clarifications with and by third parties.
To the extent permitted, atelier noir also obtains certain data from publicly accessible sources (e. g., debt collection registers, land registers, commercial registers, the press, the internet) or receives such data from authorities and other third parties, in particular to ensure that contracts can be correctly concluded and processed.
For conducting telephone conferences, online meetings, video conferences, and/or webinars ("Online Meetings"), atelier noir uses the "Zoom" service via a local deployment ("on-premise"). In this context, the following data is processed: username, general information regarding service preferences, information about each user's device and network/internet connection (e. g., IP address(es), MAC address, other device IDs (UDID), device type, type and version of the operating system, client version), information about the use of or other interactions with "Zoom" products ("Usage Information"), other information that the user uploads, provides, or creates during the use of the service, as well as metadata used for the maintenance of the provided service. Where applicable – as is customary with collaborative tools – further personal data may also be exchanged between atelier noir and the participants, such as chat messages, images, files, audio or video recordings, contact details, or metadata used for the maintenance of the provided service. Only a minimum amount of data is processed if users participate in a "Zoom" Online Meeting without registration. Recordings of Online Meetings only take place with prior notice and are generally stored locally. Additional information regarding the processing of personal data by Zoom can be found in their privacy policy.
4. Purposes of Data Processing and Legal Bases
atelier noir uses the collected data to conclude and process contracts with customers and business partners, particularly within the scope of our planning and construction services, the procurement of products and services from specialist planners, suppliers, and subcontractors, for processing art brokerage, organizing exhibitions and vernissages, as well as the sale of art objects, for the operation and provision of a closed brokerage and sales platform for exclusive objects, and to comply with legal obligations in Switzerland and abroad.
Furthermore, atelier noir processes personal data from you and other individuals, to the extent permitted and deemed appropriate, for the following purposes in which atelier noir (and at times third parties) has a legitimate interest corresponding to the purpose:
Information about offers, services, websites, and other platforms on which atelier noir is present;
Communication with third parties and processing their inquiries (e.g., job applications, media inquiries);
Review and optimization of procedures for needs analysis for the purpose of direct customer engagement, as well as the collection of personal data from publicly accessible sources for customer acquisition;
Advertising and information regarding services and offers (including organizing events and sending out the annual report), provided that customers have not objected to the use of their data (if atelier noir sends advertising to existing customers, this can be objected to at any time, and further advertising materials will be suppressed via a block list);
Market and opinion research, media monitoring;
Assertion of legal claims and defense in connection with legal disputes and official proceedings;
Prevention and investigation of criminal offenses and other misconduct (e.g., conducting internal investigations, data analysis for fraud prevention);
Ensuring operations, particularly the IT infrastructure, websites, and other platforms;
Measures for IT, building, and facility security, and for the protection of atelier noir employees, other associated individuals, and values belonging or entrusted to atelier noir (such as access controls, visitor lists, network and mail scanners, telephone recordings);
Conducting "Online Meetings".
If consent has been granted for the processing of your personal data for specific purposes (for example, when registering to receive newsletters or submitting other requests via online forms on the website), atelier noir processes your personal data within the scope of and based on this consent, unless another legal basis applies and is required. Granted consent can be revoked at any time, which, however, has no effect on data processing that has already taken place.
5. Cookies / Tracking and Other Technologies Relating to the Use of Our Website
5.1 Cookies and Visual Elements
atelier noir typically uses "cookies" and similar techniques on its websites, which can identify your browser or your device. A cookie is a small file sent to your computer or stored automatically on your computer or mobile device by your web browser when you visit the website of atelier noir. If you access this website again, the website can recognize you, even if atelier noir does not know who you are. In addition to cookies that are only used during a session and deleted after your website visit ("Session Cookies"), cookies can also be used to store user settings and other information for a certain period of time (e.g., two years) ("Permanent Cookies"). However, you can configure your browser to reject cookies, save them only for one session, or delete them prematurely. Most browsers are preset to ask whether you accept cookies. atelier noir uses permanent cookies to better understand how you use the offers and content. If you block cookies, it is possible that certain functionalities (such as language selection) will no longer work.
To the extent permitted, atelier noir also incorporates visible and invisible visual elements into its newsletters and other marketing emails. By retrieving these elements from atelier noir's servers, it can be determined whether and when you opened the email, enabling atelier noir to measure and better understand how you use the offers and how they can be tailored to you. You can block this in your email program.
5.2 Newsletters and Marketing Emails
By using our websites and consenting to receive newsletters and other marketing emails, you agree to the use of these techniques. If you do not wish to allow this, you must adjust your browser or email program settings accordingly.
5.2.1 Marketing Automation Tool "Aivie"
We use Aivie as a marketing automation tool to distribute newsletters, campaigns, and automated communication workflows. Aivie processes personal data on our behalf and exclusively according to our instructions. Details regarding data protection, data security, sub-processors, and the data processing agreement are described here: https://aivie.ch/datenschutz-aivie
5.3 Google Analytics
We occasionally use Google Analytics on our websites. This is a service provided by third parties, who may be located in any country in the world (in the case of Google Analytics, it is Google LLC in the USA, www.google.com).
Google Analytics allows us to measure and evaluate the use of the website (on a non-personally identifiable basis). Permanent cookies set by the service provider are also used for this purpose. The service provider does not receive personal data from us (and does not retain IP addresses), but can track your use of the website, combine this information with data from other websites you have visited that are also tracked by the service provider, and use these findings for its own purposes (e.g., managing advertisements). If you have registered with the service provider yourself, the service provider also knows your identity. The processing of your personal data by the service provider is then the responsibility of the service provider in accordance with its data protection regulations. The service provider merely informs us how our respective website is used (no personal information about you).
We have activated IP anonymization on this website, meaning that the IP addresses that Google Analytics must transmit to Google Analytics servers for visitors to our websites are automatically shortened by the last digits within a very short time. For further information, see the Google Marketing Platform.
5.4 Google reCAPTCHA
We occasionally use Google reCAPTCHA on our websites. These are services provided by third parties, who may be located in any country in the world (in the case of Google reCAPTCHA, it is Google LLC in the USA).
We use Google reCAPTCHA to protect online forms on our website. Data processing is based on your consent. reCAPTCHA is intended to check whether data entry on our websites (e.g., in a contact form) is performed by a human or by an automated program. To do this, reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. Cookies set by the service provider are also used for this analysis. This analysis begins automatically and runs entirely in the background as soon as the website visitor opens the website. Website visitors are not notified that an analysis is taking place.
For analysis purposes, Google can evaluate all information on these form pages (including the IP address, the duration of the website visitor's stay on the website, or mouse movements made by the user). The data collected during the analysis is forwarded to Google. The use of the reCAPTCHA service is subject to the Google Privacy Policy and Terms of Service; for further information, see the reCAPTCHA website.
5.5 Plug-ins
Furthermore, we use so-called plug-ins from social networks such as Meta, Twitter, Xing, and LinkedIn on our websites. This is typically visible to you via corresponding symbols. We have configured these elements to be deactivated by default. If you activate them (by clicking them), the operators of the respective social networks can register that you are on our website and where, and can use this information for their purposes. The processing of your personal data is then the responsibility of this operator in accordance with its data protection regulations. We do not receive any information about you from them.
6. Transmission of Data to Third Parties
Your personal data will neither be passed on, sold, nor otherwise transmitted to third parties, unless this is necessary for the purpose of contract processing, to fulfill our legal obligations, or if you have expressly consented (e.g., for ensuring the security of our input forms on the website). Furthermore, data may be transmitted to third parties if we are obliged to do so by legal provisions or by an enforceable administrative or judicial order.
The recipients of such data are partly domestic but can be located anywhere in the world. If we transfer data to a country without adequate statutory data protection, we ensure an appropriate level of protection by using corresponding contracts or rely on the statutory exceptions of consent, contract execution, the establishment, exercise, or enforcement of legal claims, overriding public interests, published personal data, or because it is necessary to protect the integrity of the data subjects.
The "Zoom" service used for "Online Meetings" is provided by a supplier from the USA; processing of personal data therefore also takes place in a third country. An adequate level of data protection is contractually guaranteed. Even with a local deployment ("on-premise"), user and meeting metadata, as well as cloud recordings, are managed in the public Zoom cloud. As an additional protective measure, our Zoom configuration is set up such that only data centers in Switzerland and the EU are used for conducting "Online Meetings".
You can request information regarding the aforementioned contract guarantees at any time from the entity specified in Section 2. However, we reserve the right to redact copies for data protection reasons or reasons of confidentiality, or to provide them only in part.
7. Duration of Retention of Personal Data
We process and store your personal data for as long as it is required to fulfill our contractual and legal obligations or otherwise for the purposes pursued with the processing, meaning, for example, for the duration of the entire business relationship (from initiation and execution to the termination of a contract) as well as beyond that in accordance with statutory retention and documentation obligations. It is possible that personal data will be retained for the period during which claims can be asserted against our company and to the extent that we are otherwise legally obliged or authorized to do so, or if legitimate business interests require it (e.g., for evidence and documentation purposes).
8. Data Security
We take appropriate technical and organizational security precautions to protect your personal data from unauthorized access and misuse, such as issuing instructions, training, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, pseudonymization, and controls.
9. Obligation to Provide Personal Data
Within the scope of our business relationship, you must provide the personal data necessary for the initiation and execution of a business relationship and the fulfillment of the associated contractual obligations (as a rule, you do not have a statutory obligation to provide us with data). Without this data, we will generally not be able to conclude a contract with you (or the entity or person you represent), process it, or fulfill our corporate obligations.
10. Profiling and Automated Decision-Making
Personal data is not used as a basis for automated decision-making. We do not engage in profiling using your personal data.
11. Rights of the Data Subject
Within the framework of the data protection law applicable to you and to the extent provided therein (such as in the case of the GDPR), you have the right to access, rectification, deletion, the right to restriction of data processing, and otherwise to object to our data processing, as well as the right to receive certain personal data for transmission to another entity (so-called data portability). Please note, however, that we reserve the right to assert the legally provided restrictions on our part, for example, if we are obliged to retain or process certain data, have an overriding interest in doing so (to the extent we are entitled to rely on it), or require it for the assertion of claims. If costs arise for you, we will inform you in advance. We have already informed you about the possibility of revoking your consent in Section 4. Please note that exercising these rights may conflict with contractual arrangements and may have consequences such as premature contract termination or cost implications. We will inform you in advance in such cases, unless this is already contractually or legally regulated.
Exercising such rights generally requires that you clearly verify your identity (e.g., by a copy of an ID card, where your identity is otherwise not clear or cannot be verified). To assert your rights, you can contact us at the address specified in Section 2.
Every data subject also has the right to enforce their claims in court or to file a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (www.edoeb.admin.ch).
12. Amendments
We may amend this privacy policy at any time without prior notice. The current version published on our website shall apply. To the extent deemed appropriate, we will inform you of any updates via email or other suitable means.