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Privacy Notice to the users of our softwares or tools

The purpose of this privacy notice is to inform you, as user of one of our softwares or tools on how your personal data is processed.

This privacy notice may be modified at any time, in particular to comply with any regulatory, legal, editorial or technical devel­op­ments. We therefore recommend that you refer to the latest version of the privacy notice before using our software or tool.

1. Controllers for the processing

One of our group company (hereinafter «we») is the controller of the processing of your personal data when you use our software or tool. The controller is either (i) your contractual partner, if you have entered into the agreement directly with one of our group company, or (ii) the Wüest Partner group company that has entered into the agreement with the company on which behalf you use our software or tool (e.g. your employer).

In data protection matters, you may contact the Data Protection Officer of the group at the following address.

Wüest Partner AG
Bleicherweg 5
8001 Zürich

dataprivacy@wuestpartner.com

or you may contact the Data Protection Officer of our group company that is the controller:

2. Category of Personal Data

We process the following categories of personal data about you:

  • Identi­fying data such as name, salutation, title, email, contact details;
  • Job related data such as title, function, job description, employer, type and duration of employment;
  • Login data;
  • Personal data to your use of our software or tool and to your access to our information or newsletters, such as tracking pixels, login data, log files, metadata, IP address, reports;
  • Personal data about your prefer­ences, interests, your regis­tra­tions (e.g. to newsletters);
  • Data collected by cookies or embedded services, as further disclosed in the cookie consent management tool that is shown to you the first time you access the software or tool over our website;
  • Payment information data, if you have paid yourself (and not your company) for the use of our software or tool;
  • Any other personal data that you have sponta­neously disclosed (e.g., in commu­ni­cation emails).

3. Purposes of processing

We process the personal data for the following purposes:

  • Creating an account;
  • Operation of our software or tool;
  • Our commercial prospecting: surveys, marketing activ­ities, adver­tising, etc.;
  • Under­standing your use of our software or tool, of our website, your interests and habits.

On the following legal basis:

  • Perfor­mance of the agreement with you or steps to entering into one (art. 31 sec. 2 lit. a Swiss DPA, art. 6 sec. 1 lit. b GDPR for EU concerned person);
  • Fulfilment of legal oblig­a­tions such as tax oblig­a­tions, storage oblig­a­tions, etc. (art. 31 sec. 1 Swiss DPA, art. 6 sec. 1 lit. c GDPR EU concerned person);
  • Legit­imate interests such as anonymi­sation, statistics, IT security, training, prompting or using AI-tools, misuse monitoring and inves­ti­ga­tions, enforcement of our rights, enhancing our software, tools and systems, IT devel­opment and testing, tracking consents, withdrawals and commu­ni­cation (receipt and reading), preparing or carrying out reorgan­i­sa­tions, such as mergers and acqui­si­tions, etc. (art. 31 sec. 2 Swiss DPA, art. 6 sec. 1 lit. f GDPR EU concerned person);
  • For the purposes for which you have given your consent such as surveys, marketing activ­ities, adver­tising, etc. (art. 31 sec. 1 Swiss DPA, art. 6 sec. 1 lit. a GDPR EU concerned person). In Switzerland, we may process your personal data for marketing activ­ities or adver­tising if you have not opted out to it.

4. Transfer of personal data to third parties

Your personal data is trans­ferred to the following controllers:

  • Group companies, where necessary for the perfor­mance of the agreement with our customer and for groupwide client relationship management;
  • Audit companies and law firms;
  • Public author­ities, insofar as a legal oblig­ation exists and courts, if necessary to enforce our rights;
  • Banks and payment processing providers (such as Datatrans);
  • Providers of cookies, as further disclosed in the cookie consent management tool that is shown to you the first time you access the software or tool over our website;
  • Any user of our Community Platform, if you use such platform.

We have no influence on how these controllers process your personal data. Please refer to their privacy policy.

Personal data is trans­ferred to the following companies:

  • Group companies, e.g. for admin­is­tration purposes;
  • Providers of IT services, mainte­nance, hosting, software or Artificial Intel­li­gence (AI);
  • Marketing and adver­tising companies;
  • Bookkeeping companies and other usual service providers.

5. Duration of retention of personal data

We will process your personal data until you have requested that your account is closed or our agreement with us has been termi­nated and two years there­after.

Log files and metadata will be stored for two years. If your data are published on a report, we will process them as long as the report is stored in the software or tool.

6. Disclosure of personal data abroad

Your personal data is processed in Switzerland, in the member states of the EU and the EEA and in the UK. The Swiss Federal Council and the European Commission have issued an adequacy decision according to which these countries offer an adequate level of data protection.

Your personal data is further processed in the countries as further disclosed in the cookie consent management tool that is shown to you the first time you access the software or tool over our website.

7. Your rights as a data subject

You have the following rights:

  • Right of access: the right to request if your personal data is or is not being processed and, where applicable, access to said personal data and information relating to its processing;
  • Right to porta­bility (under certain condi­tions): the right to receive certain personal data that we have collected directly from you and to transmit them on to another data controller;
  • Right of recti­fi­cation: the right to request recti­fi­cation of any errors in your personal data;
  • Right to object (under certain condi­tions): the right to object to our processing of your personal data for reasons relating to your particular situation;
  • Right to erasure (under certain condi­tions): the right to request the erasure of your personal data;
  • Right to restrict processing (under certain condi­tions): the right to request that we restrict the processing of your personal data;
  • You also have the right to withdraw any consent that you have given to us.

If you wish to exercise these rights, you can contact us at the above-mentioned address (section 1).

If you have a complaint, you may contact the super­visory authority as follows:

  • In Switzerland: Eidgenös­sischer Datenschutz- und Öffentlichkeits­beauf­tragter (EDÖB), Feldeggweg 1, 3003 Bern;
  • In France: CNIL online or by post at the following address: 3 Place de Fontenoy — TSA 80715 — 75334 PARIS CEDEX 07:
  •  In Germany: List of German Data Protection Author­ities (external link to official German Data Protection Conference Website);
  • In Portugal: CNPD, Av. D. Carlos I, 134, 1º, 1200–651 Lisboa.