Privacy

Version from 16.11.2022

In this privacy policy, we, Finvend GmbH (hereinafter Finvend, we or us), explain how we collect and otherwise process personal data. This is not an exhaustive description; other privacy statements, general terms and conditions, conditions of participation and similar documents may govern specific matters. Personal data is understood to be all information that relates to an identified or identifiable person.

If you provide us with personal data of other persons (e.g. family members, data of work colleagues), please make sure that these persons are aware of this privacy policy and only share their personal data with us if you are allowed to do so and if this personal data is correct.

This Privacy Policy is designed to comply with the requirements of the EU General Data Protection Regulation (“GDPR”), the Swiss Data Protection Act (“DPA“) and the revised Swiss Data Protection Act (“revDSG“). However, whether and to what extent these laws are applicable depends on the individual case.

1. data protection officer

Responsible for the data processing we describe here:

Finvend Ltd.
Sand rock road 7
8703 Erlenbach
+41 76 468 81 01
datenschutz@finvend.ch

Please contact us at the above-mentioned contact details for all data protection concerns.

2. collection and processing of personal data

We primarily process the personal data that we receive from our customers and other business partners in the course of our business relationship with them and other persons involved in it, or that we collect from their users in the operation of our websites, apps and other applications.

To the extent permitted, we also take certain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, Internet) or receive such data from authorities and other third parties (e.g. credit agencies, address dealers). In addition to the data about you that you give us directly, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we learn in connection with official and legal proceedings, information in connection with your professional functions and activities (so that we can, e.g. (e.g. so that we can conclude and process transactions with your employer with your help), information about you in correspondence and meetings with third parties, creditworthiness information (insofar as we process transactions with you personally), information about you that people close to you (family, advisors, legal representatives, etc.) give us so that we can conclude or process contracts with you or involving you (e.g. references, your address for deliveries, full addresses, etc.). References, your address for deliveries, powers of attorney, information on compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners of ours on the use or provision of services by you (e.g. payments made, purchases made), information from the media and Internet about you (where this is appropriate in the specific case, e.g. in the context of a job application, press releases, etc.).e.g. in the context of an application, press review, marketing/sales, etc.), your addresses and, if applicable, interests and other sociodemographic data (for marketing), data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of visit, pages and content accessed, functions used, referring website, location information).

3. purposes of data processing and legal basis

We use the personal data we collect primarily to enter into and process our contracts with our customers and business partners, such as, in particular, in the context of sales support for our customers and the purchase of products and services from our suppliers and subcontractors, as well as to comply with our legal obligations at home and abroad. If you work for such a customer or business partner, your personal data may of course also be affected in this capacity.

In addition, we also process personal data about you and other individuals, as permitted and as we deem appropriate, for the following purposes in which we (and sometimes third parties) have a legitimate interest consistent with the purpose:

Offer and further develop our offers, services and websites, apps and other platforms on which we are present;
Communicating with third parties and handling their inquiries (e.g., job applications, media inquiries);
Examination and optimization of procedures for needs analysis for the purpose of direct customer contact as well as collection of personal data from publicly available sources for the purpose of customer acquisition;
Advertising and marketing (including the organization of events), unless you have objected to the use of your data (if we send you advertising as an existing customer of ours, you can object to this at any time, we will then put you on a blacklist against further advertising mailings);
Market and opinion research, media monitoring;
Assertion of legal claims and defense in connection with legal disputes and official proceedings;
Prevention and investigation of crime and other misconduct (e.g., conducting internal investigations, data analysis to combat fraud);
Warranties of our operations, especially IT, our websites, apps, and other platforms;
Video surveillance to maintain house rules and other measures for IT, building and facility security and protection of our employees and other persons and assets belonging to or entrusted to us (such as access controls, visitor lists, network and mail scanners, telephone recordings);
Purchase and sale of business units, companies or parts of companies and other transactions under company law and related transfer of personal data as well as measures for business management and as far as for compliance with legal and regulatory obligations as well as internal regulations of XXX.

If you have given us consent to process your personal data for certain purposes (for example, when you register to receive newsletters or conduct a background check), we process your personal data within the scope of and based on this consent, unless we have another legal basis and we require one. Consent given can be revoked at any time, but this has no effect on data processing that has already taken place.

4. cookies / tracking and other technologies related to the use of our website

We typically use “cookies” and similar technologies on our websites [und Apps] that can identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you are using when you visit our website. If you visit this website again, we can recognize you this way, even if we do 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 set your browser to reject cookies, save them for one session only, or otherwise delete them prematurely. Most browsers are preset to accept cookies. We use persistent cookies to help us better understand how you use our offerings and content. Certain of the cookies are set by us, and certain are also set by contractors with whom we work.

5. Google Analytics or other statistical services

We sometimes use Google Analytics or comparable services on our websites. This is a third party service that may be located in any country in the world (in the case of Google Analytics, it is Google Ireland (located in Ireland), Google Ireland relies on Google LLC (located in the USA) as an order processor (both “Google“), www.google.com), with which we can measure and evaluate the use of the website (non-personal). Permanent cookies set by the service provider are also used for this purpose. As far as you have registered with the service provider yourself, the service provider also knows you. The processing of your personal data by the service provider will then be the responsibility of the service provider in accordance with its data protection provisions. The service provider only tells us how our respective website is used (no information about you personally).

6. data transfer and data transmission abroad

We disclose information in the course of our business activities and for the purposes set out in para. 3, insofar as permitted and it appears to us to be appropriate, also known to third parties, either because they process them for us or because they want to use them for their own purposes. In particular, this involves the following positions:

Service provider from us
Dealers, suppliers, subcontractors and other business partners;
Customers;
domestic and foreign authorities, official agencies or courts;
Media;
public, including visitors to websites and social media;
Competitors, industry organizations, associations, organizations and other bodies;
other parties in potential or actual legal proceedings;

all common recipient.

These recipients are partly domestic, but can be anywhere on the planet. In particular, you must expect the transfer of your data to European countries and the USA, where the service providers we use are located (such as Google, Pipedrive, etc.).

If a recipient is located in a country without adequate legal data protection, we contractually oblige the recipient to comply with the applicable data protection (for this purpose, we use the revised standard contractual clauses of the European Commission, which can be accessed here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless it is already subject to a legally recognized set of rules to ensure data protection and we cannot rely on an exemption provision. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the processing of a contract requires such disclosure, if you have given your consent or if the data in question has been made generally accessible by you and you have not objected to its processing.

7. duration of the retention of personal data

We process and store your personal data as long as it is necessary for the fulfillment of our contractual and legal obligations or otherwise the purposes pursued with the processing, i.e. for example for the duration of the entire business relationship (from the initiation, processing to the termination of a contract) as well as beyond that in accordance with the statutory retention and documentation obligations. In this context, it is possible that personal data will be retained for the time during which claims can be asserted against our company and to the extent that we are otherwise required to do so by law or legitimate business interests so require (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted or anonymized as a matter of principle and as far as possible. For operational data (e.g., system logs, logs), shorter retention periods of twelve months or less generally apply.

8. data security

We take appropriate technical and organizational security precautions to protect your personal data from unauthorized access and misuse.

9. obligation to provide personal data

Within the scope of our business relationship, you must provide those personal data that are necessary for the establishment and implementation of a business relationship and the fulfillment of the associated contractual obligations (you generally do not have a legal obligation to provide us with data). Without this information, we will generally not be able to enter into or perform a contract with you (or the entity or person you represent). Also, the website cannot be used if certain information to secure the traffic (such as IP address) is not disclosed.

10. rights of the data subject

You have the right of access, rectification, erasure, the right to restrict the processing of data and other rights under the applicable data protection law and where provided for therein (such as in the case of the GDPR). Objection to our data processing, in particular those for direct marketing purposes, profiling carried out for direct advertising and other legitimate interests in processing as well as to the release of certain personal data for the purpose of transfer to another entity (so-called data portability). Please note, however, that we reserve the right to assert the restrictions provided for by law on our part, for example if we are obliged to retain or process certain data, have an overriding interest in doing so (insofar as we are entitled to rely on this) or require it for the assertion of claims. If there are any costs for you, we will inform you in advance. We have already explained the possibility of revoking your consent in sec. 3 informed. Note that exercising these rights may conflict with contractual agreements and may have consequences such as early termination of the contract or cost consequences. We will inform you in advance if this is not already contractually regulated.

The exercise of such rights usually requires that you clearly prove your identity (e.g. by means of a copy of your ID card, where your identity is otherwise not clear or cannot be verified). To exercise your rights, you can contact us at the address given in section 1.

In addition, every data subject has the right to enforce his or her 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 (http://www.edoeb.admin.ch).

11. changes

We may amend this privacy policy at any time without notice. The current version published on our website applies. To the extent that the Privacy Policy is part of an agreement with you, if we update it, we will notify you of the change by email or other appropriate means.

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