Data protection at Softpulse

Valid from 14 April 2022

This privacy policy is intended to inform you about the type, scope and purpose of the collection and use of personal data by us, Softpulse GmbH, CH-8853 Lachen. It applies to our website and the services we offer.

Our website contains links to other websites. After redirecting to such a website outside our domain(s), this privacy policy is no longer applicable.

Our privacy policy is based on the terms used by the European legislator in the context of the General Data Protection Regulation (GDPR). The definitions of the terms used (e.g. "personal data" or "processing") can be found in Art. 4 GDPR. Comprehensive information on the GDPR can be found at https://ec.europa.eu/info/law/law-topic/data-protection/eu-data-protection-rules_de

We act in accordance with the following principles when processing your data:

  • We do not collect more information than necessary.
  • We do not use your data for purposes other than those stated in this privacy policy.
  • We do not store your data if it is no longer required.
  • We do not share your information other than as set out in this privacy policy.

1. what data we collect and what for

We receive or collect the following types of data from you in connection with our website and services:

  • Contact details (e.g. names, addresses, email addresses, telephone numbers);
  • Content data (e.g. text input, photos, videos)
  • Usage data (e.g. web pages visited, interest in content, access times, device information, IP addresses);

We may obtain this information from you in the following situations:

  • when you visit one of our websites
  • When you send us questions, enquiries, support requests or other communications through our various communication channels (e.g. email, telephone, web forms, social media, post, in person).
  • if you conclude a contract with us and become a customer
  • when you participate in our marketing campaigns
  • when you interact with other customers or end users on our blog or social profiles

a. Customer information

Contact us via our communication channels

In the context of contacting you via our websites or other communication channels, we process the transmitted contact and content data in order to meet your request. As a rule, this involves the provision of information about our services, the transmission of a quotation or the processing of a support request, which we deliver or answer accordingly to your postal or e-mail address, by telephone or messenger services.

If you are not our customer and no contractual relationship is established, we delete your data after your request has been processed and the information is no longer required. This is unless we are required by law to retain it further.

The processing of your personal data in the above cases is based on our legitimate interest, i.e. the need to respond to business enquiries from current and potential customers.

Ordering our services, payment information

When you use our services, we may ask you to provide credit card or other payment information in addition to your personal data and details of yourself and/or your company. This data is necessary to ensure the settlement of your invoices via the desired channel. However, this is only for the duration of your contract with us. Once your contract expires and you decide not to renew, we archive and process your data to comply with retention obligations imposed on us by accounting and tax regulations. After the statutory retention periods have expired, we will delete your data.

You are not obliged to provide us with the above information. In this case, we may not be able to process your order. Furthermore, we reserve the right to refrain from concluding a contract or to withdraw in the event of incomplete or incorrect information.

Subscription to our newsletter

In order to report on our business activities and to reach interested parties, we send out a newsletter to which you can subscribe via our website. We use the mailchimp.com service of The Rocket Science Group, LLC, 675 Ponce de Leon Ave NE Suite 5000, Atlanta, GA 30308 USA for the provision. MailChimp guarantees that the data in the so-called "third country" is just as secure as in the EU and is accordingly certified under the EU/Switzerland-US Privacy Shield.

The provider enables us to accept your subscription, deliver the subscribed newsletter by email, maintain addresses and carry out statistical surveys and analyses. The latter includes, above all, the measurement of success with read confirmation, the identification of the mail client and the links clicked on.

Your name is given in order to be able to address you personally in the newsletter and, if necessary, to identify you if you wish to exercise your rights as a data subject. Subscribers may also be informed by e-mail about circumstances relevant to the service or registration (e.g. changes to the newsletter service or technical circumstances).

For an effective registration, we require a valid e-mail address. In order to verify that a registration is actually made by the owner of an e-mail address, we use the "double-opt-in" procedure. For this purpose, we log the order for the newsletter, the sending of a confirmation e-mail and the receipt of the response requested herewith. No further data is collected. The data is used exclusively for sending the newsletter and is not passed on to third parties. The provision of your personal data is voluntary, based solely on your consent. Unfortunately, we cannot send you our newsletter without your consent.

You can revoke your consent to the storage of your personal data and its use for sending the newsletter at any time with future effect by unsubscribing from the newsletter. You will find a corresponding link in each newsletter. In addition, you can inform us of your revocation via the contact stated at the end of this data protection declaration.


b. Your contents

We usually receive content data (e.g. texts, images, videos) from you when

  • you send us questions, enquiries, support requests or other communications through our various communication channels (e.g. email, telephone, web forms, social media, post, in person);
  • you conclude a contract with us and become a customer;
  • you interact with other customers or end users on our blog or social profiles

We use this data to respond to your request.

The processing of your personal data in the above cases is based on our legitimate interest, i.e. the need to respond to business enquiries from current and potential customers.

If you are not our customer and no contractual relationship is established, we will delete your data after your request has been processed and the information is no longer required. This is unless we are required by law to retain it further.

This does not apply to content data provided by you via social networks. This cannot be processed by us but must be deleted by the creator.

You can delete content data that you publish via the comment function of our blog by deactivating or deleting your user profile yourself.


c. Automatically collected data via our website

Our website is currently based on a content management system (CMS) of the service Webflow Inc., 398 11th Street, 2nd Floor, San Francisco, CA 94103, USA. Webflow collects data about accesses to the website and stores these as "server log files" on the website server. The following data is logged in this way:

  • Visited website
  • Time at the time of access
  • Amount of data sent in bytes
  • Source/reference from which you reached the page
  • Browser used
  • Operating system used
  • IP address used

The server log files are stored for a maximum of 20 days and then deleted. The data is stored for security reasons, e.g. to be able to clarify cases of misuse. If data must be stored for evidentiary reasons, it is exempt from deletion until the incident has been finally clarified.

We do not evaluate server log files from our CMS provider.


Cookies

Our website also uses cookies. These are small text files that are stored on your end device with the help of the browser. Some cookies remain stored on your end device until you delete them. They enable the website to recognise your browser the next time you visit. We use cookies for this purpose,

  • to make the offer user-friendly, e.g. when creating user accounts or placing online orders, and
  • to measure the reach of the offer. We currently refrain from using analysis tools such as Google Analytics, Piwik or others). However, we reserve the right to do so at a later date.

We do not use cookies to advertise our services online (tracking and remarketing) e.g. by means of Google Ads, Facebook Conversion Tracking, Affinity Audiences or similar services.

If you do not want cookies to be stored on your end device, you have the following options:

  • You object to the use of cookies via the cookie banner when calling up our website.
  • You configure your browser accordingly. Modern browsers offer the setting option of not allowing cookies. You can thus deactivate cookies at any time, even if you have consented to their use in the past. In addition, you can delete cookies stored on your computer at any time. However, it is not guaranteed that you will be able to access all functions of this website without restrictions if you make the corresponding settings.
  • You can object to the use of cookies via corresponding services:

Cookie deactivation page of the Network Advertising Initiative:
http://optout.networkadvertising.org/?c=1#!/
Cookie deactivation page of the US website:
http://optout.aboutads.info/?c=2#!/
Cookie deactivation page of the European website:
http://optout.networkadvertising.org/?c=1#!/


Further information on data processing by Webflow can be found here: https://webflow.com/legal/eu-privacy-policy


Social Plugins

Social plugins of social networks can track your surfing behaviour across multiple websites, especially but not exclusively when you are logged in as a user to these networks. We currently do not use such social network plugins on our website.


Embedded content

Posts on our website may contain embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves exactly as if the visitor had visited the other website. These websites may collect information about you, use cookies, embed additional third party tracking services and record your interaction with that embedded content, including your interaction with the embedded content if you have an account and are logged into that website.

We embed YouTube videos on some of our websites. The operator of the corresponding plugins is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA (hereinafter "YouTube"). When you visit a page with the YouTube plugin, a connection to YouTube servers is established. This tells YouTube which pages you are visiting. If you are logged into your YouTube account, YouTube can assign your surfing behaviour to you personally. You can prevent this by logging out of your YouTube account first.

If a YouTube video is started, the provider uses cookies that collect information about user behaviour. Information on the purpose and scope of data collection and processing by YouTube, as well as your rights in this regard, can be found in the provider's privacy policy(https://policies.google.com/privacy). Google processes your data in the USA and has submitted to the EU-US Privacy Shield https://www.privacyshield.gov/EU-US-Framework

We embed Vimeo videos on some of our web pages. Vimeo.com, Inc. is a corporation incorporated under the laws of the State of Delaware, USA, with registration number 4550462. When you visit a page with the Vimeo plugin, a connection to Vimeo servers is established. We have embedded our videos with the "Do not track" instruction, so that no cookies are set when you call up our video pages. However, loading processes are started that may allow conclusions to be drawn about a user:

  1. The video script is loaded from the domain player.vimeo.com.
  2. This script reloads a thumbnail image from i.vimeocdn.com.
  3. Furthermore, a (localised, i.e. language-dependent) player is reloaded in the form of a script and a layout file (CSS). The domain is the same as before.
  4. Finally, a larger preview image is loaded from i.vimeocdn.com.


To prevent this process, you must deactivate the loading of videos in the settings of your browser.

2. disclosure of data

We guarantee that your personal information is protected and that we will not disclose it to third parties in any circumstances other than those specified below, unless you give us your consent to do so or disclosure is necessary to comply with a legal obligation imposed on us.

We may share information you have provided to us with the following third parties:

  • payment processors in order to process and complete the payment process for your order;
  • Providers of services necessary for the transmission of transactional and product-related information by e-mail and SMS, provided that this disclosure is necessary to automate, simplify and analyse these processes and to duly comply with the agreement concluded with you (e.g. our newsletter dispatch via Mailchimp);
  • external accounting or collection service providers to the extent disclosure is necessary to provide these services to us;
  • our legal advisers to the extent that such disclosure is necessary to obtain legal advice or to protect our rights in legal proceedings;
  • Governments and law enforcement agencies only when required by law. As a general rule, we will try to refer authorities and governments directly to you. If we are required to disclose your information, we will notify you promptly and provide you with a copy of the request.


Data transmission in the international area

If you use our services, we generally host and process your data in Switzerland. Should processing outside of Switzerland become necessary, we prefer to

  • first processors processing personal data within the European Economic Area ("EEA"); and
  • thereafter processors outside the EEA who have taken the appropriate international data protection measures as described in the GDPR.

Any such transfer will be based on the mechanisms provided for in the GDPR that regulate and authorise the transfer of personal data within and outside the EEA, including in particular the standard contractual clauses approved by the European Commission.

In no case will a future transfer of data outside Switzerland be made without prior information from our clients.

3. what rights you have

You can request information about your personal data stored by us at any time. Furthermore, you have the right to have all your data corrected, blocked or deleted, unless we have to retain it due to administrative, legal or security-related necessities. In addition, where you have given us consent (e.g. cookies), you can revoke this at any time with effect for the future. To do so, please contact us at the address below.

If you wish to exercise your right of access to your data stored with us, we will normally send you a copy of the data electronically, unless you request a different method of delivery. We may charge you a handling fee for each additional access request.

If you wish to exercise your right to withdraw consent to the processing of your data, you can inform us at any time at the contact below. The withdrawal of your consent does not affect the lawfulness of the processing based on that consent prior to its withdrawal.

4. changes to our privacy policy

We reserve the right to adapt this data protection declaration so that it always complies with the current legal requirements or in order to implement changes to our services in the data protection declaration, e.g. when introducing new services. Accordingly, we review it on an ongoing basis. Each change will be given a publication date by us and will apply from that date. You can access these versions in the "Previous versions" section and track all changes. The current data protection statement will then apply to your next visit. We will not restrict your rights under our privacy policy without first obtaining your consent.

5. help and contact

If you have any questions about this privacy policy, please contact us:

Softpulse GmbH
Ziegelhüttenstrasse 8
CH-8853 Lachen
Phone +41 (0) 55 415 02 02
E-mail: info@softpulse.app

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