Data protection & privacy statment

Privacy statement
Responsible authority in the sense of the data protection laws, in particular the EU data protection basic regulation (DSGVO), is:

eMonitor AG
Vanessa Oppova
On the dam 8
9000 St.Gallen

E-mail: vanessa.oppowa@emonitor.ch
WebSite: https://www.emonitor.ch/

General information
Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Confederation (Data Protection Act, DSG), every person has the right to the protection of his or her privacy and to protection against the misuse of his or her personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

In cooperation with our hosting providers, we endeavour to protect the databases as best as possible against unauthorised access, loss, misuse or falsification.

We would like to point out that data transmission over the Internet (e.g. communication by e-mail) can be subject to security vulnerabilities. A complete protection of the data against access by third parties is not possible.

By using this website, you consent to the collection, processing and use of data in accordance with the following description. This website can be visited without registration. Data such as pages accessed or names of files accessed, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or e-mail address are collected as far as possible on a voluntary basis. The data will not be passed on to third parties without your consent.

Processing of personal data
Personal data is all information that refers 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, deletion, storage, alteration, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. In all other respects, we process personal data – insofar and insofar as the EU Data Protection Ordinance is applicable – in accordance with the following legal bases in connection with Art. 6 para. 1 Data Protection Ordinance:

lit. a) Processing of personal data with the consent of the data subject.
lit. b) Processing of personal data for the fulfillment of a contract with the data subject and for the implementation of corresponding pre-contractual measures.
c) Processing of personal data to fulfill a legal obligation to which we are subject under any applicable EU law or under any applicable law of a country in which the DSGVO is applicable in whole or in part.
The processing of personal data in order to protect the vital interests of the data subject or another natural person is subject to the provisions of subsection d) above.
lit. f) Processing of personal data to protect the legitimate interests of us or third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests are in particular our economic interest in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.
We process personal data for the duration necessary for the purpose or purposes in question. In the case of longer-term storage obligations due to legal and other obligations to which we are subject, we restrict the processing accordingly.
To fully use our platform and services our clients need to register and provide certain personal information to us such as their name, company name and email address but also billing information (the “Personal Information“). We use this information to manage Customer accounts and provide services.

In addition personal data and content uploaded to our service we use to is also collected automatically through the use of our service like information regarding clicks and views.In order to access or use our Platform and Services our clients must be at least 18 Years old. Consequently we do not knowingly collect Personal Information about minors.
Apart from data provided to us directly, the categories of data we receive about third parties include, but are not limited to,  address and any interests and other socio-demographic data (for marketing purposes) data in connection with the use of our websites and services (e.g., IP address, MAC address of your smartphone or computers, information regarding your device and settings, cookies, date and time of your visit, sites and content retrieved, applications used, referring website, localization data, the contents of your interaction with our customer support or sales departments, which may include text/video/audio recording and transcripts), and information that is provided to us by job candidates, when they apply for working with us.

Purpose of Data Processing and Legal Grounds

We primarily use collected data in order to provide advertising management to our Customers but also and not limited to send newsletters and other messages with promotion content unless we receive an opt-out notification from you, for billing, account management and other administrative matters, to prevent and solve security issues and abuse. We may also process personal data if required by law or any other regulation. In addition, in line with applicable law and where appropriate, we may process your personal data and personal data of third parties for the following purposes, which are in our (or, as the case may be, any third parties’) legitimate interest, such as:

– providing and developing our products, Platform and Services, apps and other platforms, on which we are active;
– communication with third parties and processing of their requests (e.g., media inquiries);
– review and optimization of procedures regarding needs assessment for the purpose of direct Customer approach;
– advertisement and marketing (including organizing events), provided that you have not objected to the use of your data for this purpose (if you are part of our Customer base and you receive our advertisement, you may object at any time and we will place you on a blacklist against further advertising mailings);
– market and opinion research, media surveillance;
– asserting legal claims and defense in legal disputes and official proceedings;
– ensuring our operation, including our IT, our websites, apps and other appliances

If you have given us your consent to process your personal data for certain
purposes, we will process your personal data within the scope of and based on this consent, unless we have another legal basis, provided that we require one. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.

Privacy Policy for SSL Encryption
This website uses SSL encryption for reasons of security and to protect the transmission of confidential content, such as requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from “https://” to “https://” and by the lock symbol in your browser line.

If SSL encryption is activated, the data you transmit to us cannot be read by third parties.

Privacy policy for server log files
The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

Browser type and browser version
used operating system
Referrer URL
Hostname of the accessing computer
Time of the server request
These data cannot be assigned to specific persons. This data will not be merged with other data sources. We reserve the right to subsequently check this data if we become aware of concrete indications of illegal use.

Third party services
This website uses Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam and YouTube for embedding videos.

These services of the American Google LLC use among other things cookies and as a result data is transferred to Google in the USA, whereby we assume that in this context no person-related Tracking takes place alone by the use of our website.

Google has undertaken to ensure adequate data protection in accordance with the American-European and American-Swiss Privacy Shield.

Further information can be found in Google’s privacy policy.

Privacy policy for contact form
If you send us enquiries via the contact form, your details from the enquiry form including the contact data you provided there will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. These data will not be passed on without your consent.

Privacy policy for automated emails
If you register on this website and apply for an object, we need an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive automated e-mails. We use this data exclusively for sending the requested information and do not pass it on to third parties.

You can revoke your consent to the storage of your data, your e-mail address and its use to send e-mails at any time, for example via the “Delete” link in the e-mail.

Privacy policy for Zendesk
We use the CRM system “Zendesk”, of the provider Zendesk, Inc., 989 Market Street #300, San Francisco, CA 94102, USA, in order to be able to process user inquiries faster and more efficiently (legitimate interest according to Art. 6 Para. 1 lit. f. DSGVO ).
Zendesk is certified under the Privacy Shield Agreement and thus offers an additional guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TOjeAAG&status=Active).
Zendesk uses user data only for the technical processing of requests and does not pass them on to third parties. In order to use Zendesk, it is necessary to provide at least a correct e-mail address. A pseudonymous use is possible. In the course of processing service requests, it may be necessary to collect further data (name, address).
If users do not agree with the collection and storage of data in Zendesk’s external system, we offer them alternative contact options for submitting service requests by e-mail, telephone, fax or post.
For more information, please refer to Zendesk’s Privacy Policy: https://www.zendesk.de/company/customers-partners/privacy-policy/.

Privacy policy for right to information, deletion, blocking
You have the right at any time to free information about your stored personal data, their origin and recipient and the purpose of data processing as well as a right to correction, blocking or deletion of this data. You can contact us at any time at the address given in the imprint for this and other questions on the subject of personal data.

Data protection declaration for objection to advertising mails
We hereby object to the use of contact data published within the scope of the imprint obligation to send unsolicited advertising and information material. The operators of the pages expressly reserve the right to take legal action in the event of unsolicited mailing or e-mailing of spam.

Copyrights
The copyright and all other rights to contents, pictures, photos or other files on the website belong exclusively to the operator of this website or the specially named copyright holders. For the reproduction of all files, the written consent of the copyright holder must be obtained in advance.

Anyone who commits a copyright infringement without the consent of the respective copyright holder may be liable to prosecution and may be liable for damages.

General exclusion of liability
All information on our website has been carefully checked. We make every effort to ensure that the material contained in its web site is current, complete and correct. Nevertheless, the occurrence of errors cannot be completely excluded, so that we cannot guarantee the completeness, accuracy and timeliness of information, including journalistic editorial nature. Liability claims arising from material or immaterial damage caused by the use of the information provided are excluded, unless there is evidence of wilful intent or gross negligence.

The publisher may change or delete texts at his own discretion and without prior notice and is not obliged to update the contents of this website. The use of or access to this website is at the visitor’s own risk. The publisher, its clients or partners are not responsible for damages, such as direct, indirect, accidental, concretely to be determined in advance or consequential damages, which are allegedly caused by visiting this website and consequently assume no liability for them.

The publisher also assumes no responsibility and liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked sites are solely responsible for their content. The publisher hereby expressly dissociates himself from all contents of third parties which may be relevant under criminal or liability law or which violate common decency.

Modifications
We may change this privacy statement at any time without notice. The current version published on our website applies. If the data protection declaration is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.

Questions to the data protection officer
If you have any questions about data protection, please send us an e-mail or contact the person responsible for data protection in our organisation listed at the beginning of the data protection declaration.

St.Gallen, 01.05.2019

Source: SwissAnwalt

Address

eMonitor AG
Auf dem Damm 8
9000 St. Gallen

Phone

+ 41 43 317 92 15

E-mail

mimo@emonitor.ch

7 + 3 =