Privacy Policy

1. What is this privacy policy about?

   ELIGENDO AG (hereinafter also "we", "us") obtains and processes personal data relating to you or other persons (so-called "third parties"). We use the term "data" here synonymously with "personal data" or "personal data".

   In this Privacy Policy, we describe what we do with your data when you use www.eligendo.ch (the "Website"), obtain our services or products, otherwise interact with us under a contract, communicate with us, or otherwise deal with us. Where appropriate, we will provide you with timely written notice of additional processing activities not mentioned in this Privacy Policy.

   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.

2. Who is responsible for the processing of your data?

   ELIGENDO AG, Freigutstrasse 40, 8001 Zurich (the "ELIGENDO") is responsible for the data processing described in this Privacy Policy, unless otherwise communicated in individual cases.

   You can contact us for your data protection concerns and to exercise your rights under Section 11 as follows: ELIGENDO AG, Managing Partner, Freigutstrasse 40, CH-8001 Zurich, info@eligendo.ch.

3. Which data do we process?

   We process different categories of data about you. The main categories are as follows:

   • Technical Data: When you use our website or other electronic offerings, we collect the IP address of your terminal device and other technical data to ensure the functionality and security of these offerings. This data also includes logs that record the use of our systems. We generally retain technical data for 6 months. In order to ensure the functionality of these offers, we may also assign an individual code to you or your end device (e.g. in the form of a cookie, see section 12). The technical data in itself does not allow any conclusions to be drawn about your identity. However, in the context of user accounts, registrations, access controls or the processing of contracts, they can be linked to other data categories (and thus possibly to your person).

   • Registration data: Certain offers and services (e.g. login areas of our website) can only be used with a user account or registration, which can be done directly with us or via our external login service providers. In doing so, you must provide us with certain data and we collect data about the use of the offer or service. We generally retain registration data for 12 months after the end of the use of the service or the termination of the user account.

   • Communication data: If you are in contact with us via the contact form, by e-mail, telephone or chat, by letter or other means of communication, we collect the data exchanged between you and us, including your contact details and the marginal data of the communication. If we record or listen to telephone conversations or video conferences, e.g. for training and quality assurance purposes, we will draw your attention to this fact. Such recordings may only be made and used in accordance with our internal guidelines. You will be informed whether and when such recordings take place, e.g. by a display during the video conference in question. If you do not wish to be recorded, please inform us or terminate your participation. If you simply do not want your image to be recorded, please turn off your camera. If we want or need to establish your identity, we collect data to identify you (e.g. a copy of an ID). We usually keep this data for 12 months from the last exchange with you. This period may be longer if this is necessary for evidentiary reasons or to comply with legal or contractual requirements, or if it is technically required. E-mails in personal mailboxes and written correspondence are generally retained for at least 10 years.

   • Master data: We use the term Master Data to refer to the basic data that we require, in addition to the Contract Data (see below), to process our contractual and other business relationships or for marketing and advertising purposes, such as name, contact details and information about, for example, your role and function, date of birth, customer history, powers of attorney, signature authorizations and consent forms. We process your master data if you are a customer, a candidate, an applicant or other business contact or if you work for such a contact (e.g. as a contact person of a business partner), or because we want to address you for our own purposes or the purposes of a contractual partner (e.g. in the context of marketing and advertising, with invitations to events, with vouchers, with newsletters, etc.). We receive master data from you yourself (e.g. as part of a contract conclusion, application process or registration), from bodies for which you work or from third parties such as our contractual partners, associations and address dealers and from publicly accessible sources such as public registers or the Internet (websites, social media, etc.). We generally retain this data for 10 years from the last exchange with you, but at least from the end of the contract. This period may be longer, insofar as this is necessary for reasons of evidence or to comply with legal or contractual requirements or is technically required.

   • Contract data: This is data that accrues in connection with the conclusion or processing of a contract, e.g. information about contracts and the services to be provided or provided, as well as data from the runup to the conclusion of a contract, the infor-mation required or used for processing and information about reactions. We generally collect this data from you, from contractual partners and from third parties involved in the processing of the contract, but also from third-party sources (e.g. providers of creditworthiness data) and from publicly available sources. We generally retain this data for 10 years from the last contractual activity, but at least from the end of the contract. This period may be longer if this is necessary for reasons of evidence or to comply with legal or contractual requirements or for technical reasons.

   You disclose much of the data mentioned in this section 3 yourself. You are not obliged to do so, subject to individual cases, e.g. within the framework of binding protection concepts (legal obligations). If you wish to conclude contracts with us or claim services, you must also provide us with data, in particular master, contract and registration data, as part of your contractual obligation under the relevant contract. When using our website, the processing of technical data is unavoidable. If you wish to gain access to certain systems or buildings, you must provide us with registration data.

   Insofar as this is not inadmissible, we also take data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, media or the Internet incl. Social Media) or receive data from authorities and from other third parties (such as credit agencies, address dealers, associations, contractual partners, Internet analysis services, etc.).

4. For what purpose do we process your data?

   We process your data for the purposes explained below. You will find further information for the online area in sections 12 and 13. These purposes or the objectives on which they are based represent legitimate interests of us and, where applicable, of third parties. You will find further information on the legal basis for our processing in section 5.

   We process your data for purposes related to communication with you, in particular to respond to inquiries and assert your rights (section 11) and to contact you in the event of queries. For this purpose, we use in particular communication data and master data and, in connection with offers and services used by you, also registration data. We keep this data to document our communication with you, for training purposes, for quality assurance and for inquiries.

   We process data for the initiation, administration and processing of contractual relationships and application or placement processes.

   We process data for marketing purposes and to maintain relationships, e.g. to send our customers and other contractual partners personalized advertising on products and services from us and from third parties. This can take place, for example, in the form of newsletters and other regular contacts (electronically, by post, by telephone), via other channels for which we have contact information from you, but also as part of individual marketing campaigns (e.g. events, competitions, etc.). You can refuse such contacts at any time (see at the end of this section 4) or refuse or revoke your consent to be contacted for advertising purposes. With your consent, we can target our online advertising on the Internet more specifically to you (see section 12).

   We also process your data for market research, to improve our services and operations, and for product development.

   We process personal data to comply with laws, directives and recommendations from authorities and internal regulations ("Compliance").

   We may process your data for other purposes, e.g. as part of our internal processes and administration or for training and quality assurance purposes.

5. On what basis do we process your data?

   If we ask for your consent for certain processing, we will inform you separately about the corresponding purposes of the processing. You may revoke your consent at any time with future effect by notifying us in writing (by post) or, unless otherwise specified or agreed, by e-mail; you will find our contact details in section 2. For revocation of your consent for online tracking, see section 12. If you have a user account, revocation or contacting us may also be possible via the relevant website or other service. Once we have received notification of the withdrawal of your consent, we will no longer process your data for the purposes to which you originally consented, unless we have another legal basis for doing so. The revocation of your consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

   Where we do not ask you for your consent for processing, we base the processing of your personal data on the fact that the processing is necessary for the initiation or execution of a contract with you (or the entity you represent) or that we or third parties have a legitimate interest in doing so, in particular in order to pursue the purposes and related objectives described above under Section 4 and to be able to implement corresponding measures. Our legitimate interests also include compliance with legal requirements, insofar as this is not already recognized as a legal basis by the applicable data protection law in each case (e.g., in the case of the GDPR, the law in the EEA and Switzerland).

   If we receive sensitive data (e.g. health data, information on political, religious or ideological views or biometric data for identification purposes), we may also process your data on the basis of other legal grounds, e.g. in the event of disputes due to the necessity of processing for a possible lawsuit or the enforcement or defense of legal claims. In individual cases, other legal grounds may come into play, which we will communicate to you separately if necessary.

6. What applies to profiling and automated individual decisions?

   We may automatically evaluate ("profile") certain of your personal characteristics for the purposes mentioned in section 4 using your data (section 3), if we want to determine preference data, but also to determine abuse and security risks, to perform statistical evaluations or for operational planning purposes. For the same purposes, we may also create profiles, i.e. we may combine behavioral and preference data, but also master and contract data and technical data assigned to you, in order to better understand you as a person with your different interests and other characteristics.

   In both cases, we pay attention to the proportionality and reliability of the results and take measures against misuse of these profiles or profiling. If these can have legal effects or significant disadvantages for you, we generally provide for a manual review.

7. To whom do we disclose your data?

   In connection with our contracts, the website, our services and products, our legal obligations or otherwise to protect our legitimate interests and the other purposes listed in section 4, we also transfer your personal data to third parties, in particular to the following categories of recipients:

   • Service providers: We work with service providers in Germany and abroad who process data about you on our behalf or in joint responsibility with us or receive data about you from us in their own responsibility (e.g. IT providers, shipping companies, login service providers, banks, insurance companies, debt collection companies, credit agencies, or address checkers).

   • Contractual partners including customers: First of all, this refers to customers (e.g. service recipients) and other contractual partners of ours, because this data transfer results from these contracts. Recipients further include contractual partners with whom we cooperate.

   • Authorities: We may pass on personal data to offices, courts and other authorities in Germany and abroad if we are legally obliged or entitled to do so or if this appears necessary to protect our interests. The authorities process data about you that they receive from us on their own responsibility.

   • Other persons: This refers to other cases where the involvement of third parties arises from the purposes set out in section 4.

   All these categories of recipients may in turn involve third parties, so that your data may also become accessible to them. We can restrict the processing by certain third parties (e.g. IT providers), but not by other third parties (e.g. authorities, banks, etc.).

8. Are your personal data also transferred abroad?

   As explained in Section 7, we also disclose data to other entities. These are not only located in Switzerland. Your data may therefore be processed both in Europe and in the USA; in exceptional cases, however, in any country in the world.

   Please also note that data exchanged via the Internet is often routed via third countries. Your data may therefore end up abroad even if the sender and recipient are in the same country.

9. For how long do we process your data?

   We process your data for as long as our processing purposes, the statutory retention periods and our legitimate interests in processing for documentation and evidence purposes require or storage is technically necessary. You will find further information on the respective storage and processing periods for the individual data categories in section 3 and for the cookie categories in section 12. If there are no legal or contractual obligations to the contrary, we will delete or anonymize your data after the expiry of the storage or processing period as part of our normal processes.

10. How do we protect your data?

    We take appropriate security measures to protect the confidentiality, integrity and availability of your personal data, to protect it from unauthorized or unlawful processing and to counteract the risks of loss, unintentional alteration, unwanted disclosure or unauthorized access.

11. What rights do you have?

    Under certain circumstances, the applicable data protection law grants you the right to object to the processing of your data, in particular for the purposes of direct marketing, profiling for direct advertising and other legitimate interests in processing.

    To make it easier for you to control the processing of your personal data, you also have the following rights in connection with our data processing, depending on the applicable data protection law:

    • The right to request information from us as to whether and which of your data we are processing;

    • the right to have data corrected if it is incorrect;

    • the right to request the deletion of data;

    • the right to request that we provide you with certain personal data in a commonly used electronic format or transfer it to another controller;

    • the right to withdraw consent where our processing is based on your consent;

    • the right to request further information necessary for the exercise of these rights.

    If you wish to exercise the above rights against us, please contact us in writing, at our premises or, unless otherwise stated or agreed, by e-mail; our contact details can be found in Section 2. In order for us to rule out misuse, we must identify you (e.g. with a copy of your ID, unless otherwise possible).

    Please note that these rights are subject to conditions, exceptions or restrictions under the applicable data protection law (e.g. to protect third parties or business secrets). We will inform you accordingly if necessary.

    If you do not agree with our handling of your rights or data protection, please let us know (Section 2). In particular, if you are located in the EEA, the United Kingdom or Switzerland, you also have the right to lodge a complaint with the data protection supervisory authority in your country.

12. Do we apply online-tracking technologies?

    We use various technologies on our website with which we and third parties engaged by us can recognize you when you use our website and, under certain circumstances, track you over several visits. We will inform you about this in this section.

    In essence, this is so that we can distinguish between access by you (via your system) and access by other users so that we can ensure the functionality of the website and carry out evaluations and personalization. We do not want to infer your identity, even if we can, insofar as we or third parties engaged by us can identify you through combination with registration data. Even without registration data, however, the technologies used are designed in such a way that you are recognized as an individual visitor each time you access a page, for example by our server (or the servers of third parties) assigning you or your browser a specific identification number (so-called "cookie").

    Cookies are individual codes (e.g. a serial number) that our server or a server of our service provider or advertising contract partner transmits to your system when you connect to our website and that your system (browser, mobile) receives and stores until the programmed expiry date. Each time you access our website again, your system transmits these codes to our server or the server of the third party. This allows you to be recognized, even if your identity is unknown.

    Whenever you access a server (e.g. when using a website or an app or because an image is visibly or invisibly integrated in an email), your visits can therefore be "tracked". If we integrate offers from a contractual advertising partner or provider of an analysis tool on our website, this partner can track you in the same way, even if you cannot be identified in individual cases.

    We use such technologies on our website and allow certain third parties to do the same. You can program your browser to block or deceive certain cookies or alternative technologies or to delete existing cookies. You can also add software to your browser that blocks tracking by certain third parties. You can find more information about this on the help pages of your browser (usually under the heading "Data protection") or on the websites of the third parties listed below.

    When you visit our websites, temporary cookies (session cookies) or similar technologies are used. These are used for various technical functions of the websites. A cookie is a simple string of characters that is stored in the web browser. A session cookie is only stored until the web browser is closed. Other cookies are set when the page is accessed, such as those used by Google Analytics. In general, the setting of cookies can be deactivated in the web browser and existing cookies can be deleted there.

    We use Google Analytics to carry out user analyses that enable us to continuously optimize the design of our offers and websites. You have the option to object to the collection of data generated by Google Analytics and related to your use of this website and the processing of this data by Google and to take measures to prevent this processing. To do this, you must download and install a browser add-on from the link https://tools.google.com/dlpage/gaoptout. You have the option of setting the so-called Do-Not-Track header in your web browser. This will then be transmitted each time you access the website. If you have activated the Do-Not-Track header, we will deactivate the integration of Google Analytics on our website, which means that no user analysis will take place. Further information from Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA can be found at https://policies.google.com/privacy?hl=de and https://marketingplatform.google.com/about/analytics/terms/de/.

13. What data we process on our pages in social networks?

    We may operate pages and other online presences ("fan pages", "channels", "profiles", etc.) on social networks and other platforms operated by third parties and collect the data about you described in Section 3 and below. We receive this data from you and the platforms when you come into contact with us via our online presence (e.g. when you communicate with us, comment on our content or visit our presence). At the same time, the platforms evaluate your use of our online presence and link this data with other data about you known to the platforms (e.g. about your behavior and preferences). They also process this data for their own purposes under their own responsibility, in particular for marketing and market research purposes (e.g. to personalize advertising) and to control their platforms (e.g. what content they show you).

    We process this data for the purposes described in section 4, in particular for communication, for marketing purposes (including advertising on these platforms, see section 12) and for market research. You will find information on the relevant legal bases in section 5. We may redistribute content published by you (e.g. comments on an announcement) ourselves (e.g. in our advertising on the platform or elsewhere). We or the operators of the platforms may also delete or restrict content from or about you in accordance with the usage guidelines (e.g. inappropriate comments).

    For further information on the processing of the platform operators, please refer to the privacy policies of the platforms. There you can also find out in which countries they process your data, what rights of access, erasure and other rights of data subjects you have and how you can exercise these or obtain further information.

14. Can this privacy policy be amended?

    This privacy policy is not part of any contract with you. We may amend this privacy policy at any time. The version published on this website is the current version.

    Last revision: October 31, 2023