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Privacy

Faktor K, GmbH of Basel, Switzerland (hereinafter “Provider”, “we” or “us”), is the author of this Privacy Policy. This privacy policy applies to all users of the Provider’s services, insofar as personal data is processed as a result. In particular, this includes customers who have concluded a contract with the Provider for the Provider’s services, their employees, and website visitors.

Furthermore, the Provider may declare the Privacy Policy applicable to further contractual partners on a contractual basis. For the sake of simplicity, all persons affected by the data processing are hereinafter referred to as “customers”. In the following, personal data or “data” means any information relating to an identified or identifiable individual.

The Provider is responsible for the careful and conscientious handling of the personal information of its customers. The Provider is responsible for the collection, processing, disclosure, storage and protection of its Customers’ personal information and ensures compliance with applicable data protection legislation.

Contact details

Responsible for data processing is:

Faktor K GmbH

Grosspeteranlage 29

Grosspeter Tower, 21st floor

CH-4052 Basel

The data protection officer can be reached at hello@faktor-k.ch.

Applicable law

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

Processed personal data

We use personal information that you provide to us, that we collect about you, or that we have received from third parties. The most important are:

Contact and identification data such as first name, last name, e-mail address, copy and number of official identity card/passport.
Personal data such as age, gender, nationality, language preferences, data on relatives.
Financial data, such as account and payment information.
Contractual data, such as type of contract, content of the contract, type of products and/or services purchased.
Telecommunication data such as phone numbers, IP addresses, device identification numbers such as IMEI, IMSI, Mac addresses.
Interaction and usage data such as correspondence, customer segment and target group information, device settings, operating system, rights management information.
Website information such as IP address, cookie information, browser settings, frequency of website visits, preferred language.

General purposes and duration of processing

We process personal data primarily to fulfill our (pre-)contractual and legal obligations. We also rely on the processing of Personal Data for the purchase of products and services from our suppliers and subcontractors. If you work for a customer or business partner, your personal data may of course also be affected in this capacity.

In addition, we use the data we collect to maintain the relationship with our customers and prospects, e.g. to create our newsletter, to further develop our website and adapt it to new requirements, and to provide you with relevant information and services, as well as for internal statistical purposes.

We process personal data for as long as is necessary to fulfill our contractual and legal obligations or otherwise for the purposes pursued with the processing, e.g. for the duration of the entire business relationship (from the initiation and processing to the termination of a contract) and beyond that in accordance with the statutory retention and documentation obligations. In this context, it is possible that personal data may be retained for the period during which claims may 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 purposes of proof and documentation). As soon as your personal data is no longer required for the purpose for which it was collected, it is deleted or made anonymous.

Legal basis of processing

Insofar as you have given us consent to process your personal data for specific purposes, we process your personal data within the scope of and on the basis of this consent, unless we have another legal basis and require such a basis. Consent given can be revoked at any time, but this has no effect on any data processing that has already taken place. You can send us the revocation by e-mail or by mail to the above (e-mail) address. You can independently revoke consent in connection with cookies and other tracking technologies by (re)opening our cookie consent banner and making the appropriate settings.

Disclosure to third parties

In the course of our business, we also share data with third parties to the extent permitted and deemed appropriate, either because they process it for us or because they want to use it for their own purposes. This concerns in particular the following entities (all joint beneficiaries):

Our service providers (including external ones, such as banks, insurance companies), including contract processors (such as IT providers);
Distributors, suppliers, subcontractors and other business partners;
Customers;
Domestic and foreign authorities, agencies or courts;
Media;
The public, including visitors to websites and social media;
Competitors, industry associations, unions, organizations and other entities;
Other parties to potential or actual litigation;

These recipients are partly domestic, but can be anywhere in the world. You should expect that your data will be transferred to all countries where the service providers we use are located. If we transfer data to a country where no adequate legal data protection exists, we will ensure an adequate level of protection provided for by law through appropriate contracts or so-called Binding Corporate Rules or rely on the legal exceptions of consent, performance of contract, 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. You may obtain a copy of the aforementioned contractual guarantees at any time by contacting the above-mentioned contact person.

Special purposes of processing

We use the collected data primarily to conclude and process contracts with our customers and business partners, in particular in connection with our online marketing services to our customers and the procurement of products and services from our suppliers and subcontractors, as well as to fulfill our domestic and foreign legal obligations. You may be affected by our data processing in your capacity as an employee of such customer or business partner.

In addition, we may process your Personal Data and the Personal Data of third parties in accordance with applicable law and, where applicable, for the following purposes, which are in our (or, where applicable, third parties’) interests, such as:

Providing and developing our products, services and websites, apps and other platforms on which we operate;
Communicating with third parties and handling their inquiries (e.g., job applications, media inquiries);
Review and optimize procedures for determining needs for direct customer contact and for obtaining personal data from publicly available sources for customer acquisition;
Advertising and marketing (including the organization of events), provided that you
have not objected to the use of your data for this purpose (if you are one of our customers and receive our advertising, you can object at any time and we will put you on a blacklist against further advertising mailings);
Market and opinion research, media monitoring;
Assertion of legal claims and defense in legal disputes and official proceedings
Preventing and investigating crimes and other misconduct (e.g., conducting internal investigations, analyzing data to combat fraud);
Ensuring our operations, including our IT, websites, apps, and other applications;
Video surveillance to protect our premises and other measures to ensure the security of our premises and facilities and the protection of our employees and other persons and assets in our possession or entrusted to us (such as access controls, visitor logs, network and mail scanners, telephone records);
Measures for corporate governance and compliance with legal and regulatory obligations as well as internal regulations of Faktor K

Visit our website

When you visit our website and view pages or content, you leave information about the nature of your visit, such as your page selection (URL), the date and time of your visit, your computer’s IP address, information about your device type and operating system, and your browser ID (user agent string). In addition, the following data may be stored: Country from which our website is accessed, name of your internet access provider, time zone difference to Greenwich Mean Time (GMT), content of the request (specific page), access status/HTTP status code and the amount of data transferred.

The processing of this data serves the correct presentation of our website and its contents and offers, the securing of data traffic, the optimization of our website, our contents and offers, the permanent guarantee of the stability and security of our website and our systems as well as the clarification, defense and prosecution of cyber attacks, spam and other illegal actions in connection with our website and our systems as well as the enforcement of claims in this regard.

We delete your personal data as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the collection of data for the provision of our website, the deletion takes place when the respective session has ended.

For the hosting of the Website, we may use the services of third parties in Switzerland and abroad who perform the above processing on our behalf. Currently, our websites are hosted exclusively by Swiss hosting providers and on servers in Switzerland.

Server log files

As with any connection to a web server, the server of our web hosting logs and stores certain technical data. These data include the

Name of the retrieved web page
File
Date and time of retrieval
Data volume transferred
Message about successful retrieval
Browser type together with version and language
the operating system of the user
Referrer URL (the previously visited page)
IP address and the requesting provider.

This is necessary for technical reasons in order to provide you with our website. The web hosting provider protects this data from unauthorized access using technical and organizational measures and does not pass it on to third parties. To the extent that we process personal data in the process, we do so based on our interest in providing you with the best possible user experience and ensuring the security and stability of our systems.

Cookies and right to object to direct advertising

Sie können viele Online-Anzeigen-Cookies von Unternehmen über die US-amerikanische Seite http://www.aboutads.info/choices/ oder die EU-Seite http://www.youronlinechoices.com/uk/your-ad-choices/ verwalten.

Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. The primary purpose of a cookie is to store information about a user (or the device on which the cookie is stored) during or after his visit within an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the contents of a shopping cart in an online store or a login status can be stored. Permanent” or “persistent” cookies are those that remain stored even after the browser is closed. For example, the login status can be saved when users visit them after several days. Likewise, such a cookie may store the interests of users, which are used for reach measurement or marketing purposes. Third-party cookies” are cookies that are offered by providers other than the responsible party that operates the online offer (otherwise, if they are only its cookies, they are referred to as “first-party cookies”).

If users do not want cookies to be stored on their computer, they are asked to disable the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

Ein genereller Widerspruch gegen den Einsatz der zu Zwecken des Onlinemarketing eingesetzten Cookies kann bei einer Vielzahl der Dienste, vor allem im Fall des Trackings, über die US-amerikanische Seite http://www.aboutads.info/choices/ oder die EU-Seite http://www.youronlinechoices.com/ erklärt werden. Furthermore, the storage of cookies can be achieved by means of their deactivation in the browser settings. Please note that then not all functions of this online offer can be used.

Meta Pixel, Custom Audiences and Facebook Conversions

Our website uses Meta Pixel if you are habitually resident in the European Economic Area (EEA) or Switzerland, a service provided by Meta Platforms Ireland Ltd. based in Ireland. The parent company is Meta Platforms Inc. based in the USA (“Meta”). Instagram is also a service of Meta.

With the help of the meta pixel, it is possible for Meta to determine the visitors to our online offers as a target group for the placement of ads (so-called “Facebook Ads” or “Instagram Ads”). Accordingly, we use the meta pixel to display the Facebook and Instagram ads we place only to those Facebook or Instagram users who have also shown an interest in our online offers or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Meta (so-called “custom audiences”). With the help of the meta pixel, we also want to ensure that our Facebook and Instagram ads correspond to the potential interest of users and are not harassing. The meta pixel also allows us to track the effectiveness of Facebook and Instagram ads for statistical and market research purposes by seeing whether users are redirected to our website after clicking on a Facebook or Instagram ad (so-called “conversions”).

Furthermore, we use the additional function “Automatic Advanced Matching” when using the Meta Pixel. Here, data such as telephone numbers, e-mail addresses, dates of birth or postal codes are transmitted to Meta in encrypted form as additional information, provided that you have made this data available to us. This allows us to increase the number of attributed “conversions” and expand our “Custom Audiences”. For more information on “automatic advanced matching”, see the corresponding Meta help center.

We also use the “Custom Audiences from File” method. This allows us to upload various customer information such as email addresses, phone numbers, first and last names to Meta in encrypted form. Using this information, Meta can determine if someone on Facebook or Instagram should be added to our advertising target group. This ensures that ads are only displayed to users who have an interest in our information and services. For more information on Customer File-Custom Audiences, see Meta’s corresponding Help Center.

Data processing by Facebook takes place within the framework of Meta’s privacy policy. For general information about running Facebook and Instagram Ads, see this policy.

Through the use of cookies, Meta can subsequently recognize you in the member area of Facebook or Instagram and optimize the efficiency of advertisements, e.g. by offering target group-specific advertising. The prerequisite for this is that you have a Facebook and/or Instagram account and are logged into the member area of Facebook or Instagram. If you are not a member of Facebook or Instagram, you are not affected by this data processing.

For general information about Meta’s use of data, your rights in this regard, and ways to protect your privacy, please see Meta’s Privacy Policy. Specific information and details about the Meta Pixel and how it works can be found in Meta’s Help Center. If you wish to object to the collection by the meta pixel and the use of your data for the placement of Facebook or Instagram Ads in general, you can do so in the advertising settings of Facebook or in the privacy settings of Instagram. To do this, you must be logged in to Facebook or Instagram.

If you do not have a Facebook or Instagram account, you can also opt out of the use of cookies for reach measurement and advertising purposes through the Network Advertising Initiative opt-out page and additionally on the U.S. website YourAdChoices or the European website Your Online Choices.

You can revoke your consent to data processing by Meta Pixel and the use of your data to serve Facebook and Instagram ads for our website at any time with future effect by adjusting your cookie settings.

LinkedIn Marketing Solutions

On our websites, we use LinkedIn Marketing Solutions (“LMS”), a service of LinkedIn Corporation based in the USA, or, if you are habitually resident in the European Economic Area (EEA) or Switzerland, LinkedIn Ireland Unlimited Company based in Ireland (“LinkedIn”). LMS stores and processes information about your user behavior on our websites. For this purpose, LMS uses, among other things, cookies that are stored locally in the cache of your web browser on the end device you are using and enable an analysis of your use of our websites.

We use LMS for marketing and optimization purposes, in particular to analyze the use of our websites, to continuously improve individual functions and offers as well as the user experience and to provide relevant and interesting advertising for you. Specifically, we use the LinkedIn Insight tag, which allows us to track conversions, retarget our website visitors, and obtain additional information about LinkedIn members who view our ads.

If you are logged into the member area of LinkedIn, LinkedIn can assign the use of our online offer to your profile. If you do not wish to do so, you must log out of LinkedIn before visiting our websites.

For more information about the nature, purpose, and scope of data processing, please see LinkedIn’s Privacy Policy and Cookie Policy and Privacy Management Portal. Furthermore, you can object to personalized advertising (LinkedIn) by installing an opt-out cookie, regardless of whether you are a member of LinkedIn or not.

Online presence in social media

We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing policies of their respective operators apply.

Unless otherwise stated in our privacy policy, we process the data of users insofar as they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.

Google Tag Manager

Google Tag Manager is a solution that allows us to manage so-called website tags via an interface (and thus, for example, integrate Google Analytics and other Google marketing services into our online offering). The Tag Manager itself (which implements the tags) does not process any personal data of the users. With regard to the processing of users’ personal data, reference is made to the following information on Google services. Usage Policy:
https://www.google.com/intl/de/tagmanager/use-policy.html
.

Google Analytics

We use Google Analytics, a web analytics service provided by Google LLC (“Google”), based on our legitimate interests. Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transmitted to a Google server in the USA and stored there.

Google is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
).

Google will use this information on our behalf for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Thereby, pseudonymous usage profiles of the users can be created from the processed data.

We use Google Analytics only with IP anonymization enabled. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there.

The IP address transmitted by the user’s browser is not merged with other data from Google. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offer to Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available under the following link:
http://tools.google.com/dlpage/gaoptout?hl=de
.

For more information about Google’s use of your data, settings and opt-out options, please see Google’s privacy policy (
https://policies.google.com/technologies/ads
) as well as in the settings for the display of advertising by Google (
https://adssettings.google.com/authenticated
).

Users’ personal data is deleted or anonymized after 26 months.

Google Universal Analytics

We use Google Analytics in the form of “Universal Analytics”. “Universal Analytics” refers to a method of Google Analytics in which user analysis is performed on the basis of a pseudonymous user ID, thus creating a pseudonymous profile of the user with information from the use of different devices (so-called “cross-device tracking”).

Target group formation with Google Analytics

We use Google Analytics to display the ads placed by within advertising services of Google and its partners only to those users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited), which we transmit to Google (so-called “remarketing”, or “Google Analytics Audiences”). With the help of Remarketing Audiences, we also want to make sure that our ads match the potential interest of the users.

Google AdWords and conversion measurement

We use the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”) based on our legitimate interests.

We use the online marketing method Google “AdWords” to place ads in the Google advertising network (e.g. in search results, in videos, on web pages, etc.) so that they are displayed to users who have a presumed interest in the ads. This allows us to display ads for and within our online offering in a more targeted manner in order to present users only with ads that potentially match their interests. If, for example, a user is shown ads for products he or she was interested in on other online offers, this is referred to as “remarketing”. For these purposes, when our website and other websites on which the Google advertising network is active are called up, a code is executed directly by Google and so-called (re)marketing tags (invisible graphics or code, also referred to as “web beacons”) are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user’s device (comparable technologies can also be used instead of cookies). This file records which web pages the user has visited, which content the user is interested in and which offers the user has clicked on, as well as technical information about the browser and operating system, referring web pages, time of visit and other information about the use of the online offer.

Furthermore, we receive an individual “conversion cookie”. The information obtained with the help of the cookie is used by Google to create conversion statistics for us. However, we only learn the anonymous total number of users who clicked on our ad and were redirected to a page tagged with a conversion tracking tag. However, we do not receive any information that personally identifies users.

User data is processed pseudonymously within the Google advertising network. I.e. Google does not store and process e.g. the name or email address of the users, but processes the relevant data cookie-related within pseudonymous user profiles. I.e. from Google’s point of view, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who this cookie holder is. This does not apply if a user has expressly allowed Google to process the data without this pseudonymization. The information collected about users is transmitted to Google and stored on Google’s servers in the USA.

For more information on Google’s use of data, settings and opt-out options, please refer to Google’s privacy policy (
https://policies.google.com/technologies/ads
) as well as in the settings for the display of advertising by Google (
https://adssettings.google.com/authenticated
).

Google Maps

We integrate the maps of the service “Google Maps” of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The processed data may include, in particular, IP addresses and location data of the users, which, however, are not collected without their consent (usually executed within the settings of their mobile devices). The data may be processed in the USA. Privacy Policy:
https://www.google.com/policies/privacy/
, Opt-Out:
https://adssettings.google.com/authenticated
.

Newsletter

To subscribe to our newsletter, it is necessary to provide a valid email address. We need this information to send you our newsletter. If we ask you for more information, such as your first or last name, you enable us to send you even more targeted information.

The registration for our newsletter takes place in the so-called double opt-in procedure. This means that after registering and clicking the appropriate checkbox (e.g. Subscribe), you will receive an email in which you must click a link to confirm your registration. If you do not confirm your email address, you will not receive our newsletter.

Our newsletters may contain, in part and to the extent permitted, graphics and/or web links that collect Personal Data about whether, when and how often an individual newsletter was opened in an email application and which web links were clicked. Such graphics and/or web links record newsletter usage to ensure quality and enable improvements to the newsletter. You can block the placement of such graphics and/or web links in your email application.For our newsletter service, we use the “Mailchimp” newsletter service provided by Rocket Sience Group LLC, 675 Ponce de Leon Ave NE, Suite 5000 Atlanta, GA 30308.

If you enter your e-mail address to receive the newsletter, it will first be stored by MailChimp for the purpose of sending the owner an e-mail in which he/she can confirm the subscription to the newsletter mailing (“double opt-in”). After such confirmation, the email address will be stored permanently at MailChimp until you have unsubscribed from receiving the newsletter or it is deleted by us. MailChimp stores the date of the registration as well as the IP address under which the registration took place. A further use of your IP address does not take place.

We would like to point out that the data collected and used via MailChimp is stored and processed on computers in the USA. By agreeing to receive our newsletter, you agree to this. In addition, we have concluded a data processing contract with MailChimp based on the so-called EU standard contractual clauses. Your e-mail address will not be passed on to third parties in any other way.

You can unsubscribe from our newsletter at any time. An unsubscribe link is included in every email containing our newsletter. You can also revoke your consent to the use of your e-mail address for the future at any time. Please use the contact options given below for this purpose.

Your rights

In principle, you have the rights of access, rectification, deletion, restriction, data portability, objection to processing and revocation of consent in relation to your personal data.

Please note, however, that we reserve the right to invoke the restrictions provided for by law, e.g. if we are obliged to retain or process certain data, have an overriding interest in doing so (insofar as we can rely on this) or need it to assert claims.

Please note that the exercise of these rights may contradict contractual agreements and may have consequences such as the premature termination of the contract or cost consequences. We will inform you in advance if this is not already contractually regulated.

If you believe that the processing of your personal data violates data protection law or that your data protection rights have been violated in some other way, you can also complain to the competent supervisory authority. In Switzerland, this is the Federal Data Protection and Information Commissioner (FDPIC).

As a rule, exercising your rights under data protection law requires that you clearly prove your identity (e.g. by presenting a copy of your ID card if your identity is not otherwise clear or cannot be verified). If you have any questions about the processing of your data or wish to exercise any right to which you are entitled, you may contact us by e-mail at the address given at the beginning of this Privacy Policy.

Changes to the privacy policy

We expressly reserve the right to amend or change this privacy policy at any time. All changes and additions are at the sole discretion of the company.