Privacy statement of BeyondPotential Baronchelli

Version from Thursday, July 20, 2023

In this Privacy Policy, based on DSAT.ch, we, BeyondPotential Baronchelli (hereinafter BeyondPotential Baronchelli, we or us), explain how we collect and otherwise process personal data. This is not an exhaustive description; other data protection declarations or general terms and conditions, conditions of participation and similar documents may govern specific matters. Personal data means any information relating to an identified or identifiable individual. If you provide us with personal data of other persons (e.g. family members, data of 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 ("revDPA"). However, whether and to what extent these laws are applicable depends on the individual case.

Responsible person / data protection officer / representative

BeyondPotential Baronchelli (Rickenstrasse 25, 8737 Gommiswald, Switzerland, UID: CHE-156.099.063, CH-ID: CH-170-1008867-7) is responsible for the data processing we describe here. If you have any data protection concerns, you can send them to us at the following contact address

BeyondPotential Baronchelli
Rickenstrasse 25
8737 Gommiswald
Switzerland


E-mail: info@beyondpotential.ch

Our representative in the EEA (European Economic AreaEU plus Norway, Iceland and Liechtenstein) according to Art. 27 GDPR (if required) is:

VGS Datenschutzpartner GmbH
Am Kaiserkai 69
20457 Hamburg
Germany


E-mail: info@datenschutzpartner.eu

Collecting and processing personal data

We primarily process personal data that we receive from our clients and other business partners in the course of our business relationship with them and other persons involved, or that we collect from their users when operating our websites, apps and other applications. To the extent permitted, we also obtain certain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, Internet) or receive such data from other companies within BeyondPotential Baronchelli, from authorities and other third parties (such as credit agencies, address dealers). In addition to the information about you that you give us directly, the categories of personal information we receive about you from third parties include, but are not limited to, information from public registers, information that we learn in connection with governmental and legal proceedings, information relating to your professional functions and activities (so that we can, for example, conduct business with you), and information that we learn about you from third parties. (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 utilisation or provision of services by you (e.g. payments made, purchases made), information from the media and Internet on your person (insofar as this is appropriate in the specific case, e.g. in the context of an application, press release, etc.). Your addresses and, if applicable, interests and other socio-demographic data (for marketing), data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, details of your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring website, location details).

Purposes of data processing and legal basis

We use the personal data we collect primarily to conclude and process our contracts with our customers and business partners, in particular in the context of the development of software of all kinds for and its distribution to 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 partnership, your personal data may of course also be affected in this capacity. In addition, we process personal data of you and other persons, to the extent permitted and deemed appropriate, also for the following purposes in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose:

• offering and further developing our offers, services and websites, apps and other platforms on which we are present;
• communicating with third parties and processing their enquiries (e.g. job applications, media enquiries);
• review and optimisation of demand analysis procedures for direct client targeting and collection of personal data from publicly available sources for client acquisition purposes;
• advertising and marketing (including the organisation of events), provided you have not objected to the use of your data (if we send you advertising as an existing customer, you can object to this at any time and we will then place you on a blocking list against further advertising mailings);
• market and opinion research, media monitoring;
• assertion of legal claims and defence in connection with legal disputes and official proceedings;
• prevention and clarification of criminal offences and other misconduct (e.g. conducting internal investigations, data analyses to combat fraud);
• guaranteeing our operations, in particular IT, our websites, apps and other platforms;
• video surveillance to maintain house rights 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 records);
• purchase and sale of business units, companies or parts of companies and other transactions under company law and the associated transfer of personal data as well as measures for business management and insofar as to comply with legal and regulatory obligations as well as internal regulations of BeyondPotential Baronchelli.

If you have given us consent to process your personal data for certain purposes (for example, when you register to receive newsletters or carry out 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 such a basis. Consent given can be revoked at any time, but this has no effect on data processing that has already taken place.

Cookies / tracking and other technologies related to the use of our website

We typically use cookies and similar technologies on our websites, apps and other software to 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 or install our app. This allows us to recognise you when you return to this website or use our app, even if we do not know who you are. In addition to cookies that are only used during a session and deleted after your visit to the website 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, store them for one session only or otherwise delete them prematurely. Most browsers are preset to accept cookies. We use persistent cookies to remember user preferences (e.g. language, autologin or accessibility settings), to help us better understand how you use our services and content, and to show you offers and advertising tailored to you (which may also happen on other companies' websites; however, they will not know from us who you are, if we even know, because they will only see that their website has the same user base that was on a particular page with us). Some of the cookies are set by us, and some are set by contractors with whom we work. If you block cookies, certain functionalities (e.g. language selection, shopping cart, ordering processes) may no longer work. We also include visible and invisible image elements in our newsletters and other marketing e-mails, insofar as these are used by us, in part and to the extent permitted, by retrieving them from our servers we can determine whether and when you have opened the e-mail so that we can also measure and better understand how you use our offers and tailor them to you. You can block this in your email program; most are pre-set to do this. By using our websites, software and/or apps and agreeing to receive newsletters and other marketing emails, you consent to the use of these techniques. If you do not wish to do so, you must set your browser or email programme accordingly, or uninstall the app if this cannot be adjusted via the settings. We sometimes use Google Analytics or comparable services on our websites. This is a third-party service, which may be located in any country in the world (in the case of Google Analytics, it is Google Ireland (based in Ireland), Google Ireland relies on Google LLC (based in the USA) as an order processor (both Google), www.google.com), with which we can measure and evaluate the use of the website (on a non-personal basis). Permanent cookies set by the service provider are also used for this purpose. We have configured the service so that the IP addresses of visitors are shortened by Google in Europe before being forwarded to the USA and thus cannot be traced. We have turned off the data sharing and signals settings. Although we can assume that the information we share with Google is not personal data for Google, it is possible that Google can draw conclusions about the identity of visitors from this data for its own purposes, create personal profiles and link this data to the Google accounts of these individuals. Insofar as you have registered with the service provider itself, the service provider also knows you. The processing of your personal data by the service provider is then the responsibility of the service provider in accordance with its data protection provisions. The service provider only informs us how our website is used (no information about you personally). We also use so-called plug-ins from social networks such as Facebook, Twitter, Mastodon, LinkedIn, Xing or Skype on our websites. This is visible to you in each case (typically via corresponding icons). We have configured these elements so that they are deactivated by default. If you activate them (by clicking on them), the operators of the respective social networks can register that you are on our website and where and can use this information for their purposes. These operators are then responsible for processing your personal data in accordance with their data protection regulations. We do not receive any information about you from them.

Data transfer and data transmission abroad

Within the scope of our business activities and the purposes set out in section 3, we also disclose data to third parties, insofar as this is permitted and appears to us to be appropriate, either because they process it for us or because they want to use it for their own purposes. This applies in particular to the following entities:

• service providers of us (within BeyondPotential Baronchelli as well as externally, such as banks, insurance companies), including contract processors (such as IT providers);
• traders, suppliers, subcontractors and other business partners;
• customers;
• domestic and foreign authorities, government agencies or courts;
• the media;
• the public, including visitors to websites and social media;
• competitors, industry organisations, associations, organisations and other bodies;
• acquirers or parties interested in acquiring business units, companies or other parts of BeyondPotential Baronchelli;
• other parties in potential or actual legal proceedings;
• other companies of BeyondPotential Baronchelli;
all jointly recipients.

These recipients are partly domestic, but may be anywhere on the planet. In particular, you should expect your data to be transferred to all countries where BeyondPotential Baronchelli is represented by group companies, branches or other offices (as of 2023, all of which are located exclusively in Switzerland), as well as to other countries in Europe and the USA where the service providers we use are located (such as Apple, Microsoft, Banana, Google, Metanet).

If the 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: Commission Implementing Decision 2021/914 on standard contractual clauses for the transfer of personal data to third countries), unless they are already subject to a legally recognised 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 performance of a contract requires such disclosure, if you have consented or if it is a matter of data that you have made generally accessible and you have not objected to its processing.

Duration of the retention of personal data

We process and store your personal data for as long as it is necessary for the fulfilment 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 insofar as we are otherwise legally obliged to do so or legitimate business interests require this (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 anonymised 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.

Data security

We take appropriate technical and organisational security measures to protect your personal data from unauthorised access and misuse, such as issuing instructions, training, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, pseudonymisation, controls.

Obligation to provide personal data

In the context of our business relationship, you must provide such personal data as is necessary for the establishment and performance of a business relationship and the fulfilment of the associated contractual obligations (you do not usually have a legal obligation to provide us with data). Without this data, 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 traffic (such as IP address) is not disclosed.

Profiling and automated decision-making

We process your personal data partly automatically with the aim of evaluating certain personal aspects (profiling). We use profiling in particular to be able to inform and advise you about products in a targeted manner. In doing so, we use evaluation tools that enable us to provide needs-based communication and advertising, including market and opinion research. For the establishment and implementation of the business relationship and also otherwise, we generally do not use fully automated automatic decision-making (such as regulated in Art. 22 GDPR). Should we use such procedures in individual cases, we will inform you separately about this, insofar as this is required by law, and inform you about the associated rights.

Rights of the person concerned

Within the framework of the data protection law applicable to you and to the extent provided for therein (such as in the case of the GDPR), you have the right to information, correction, deletion, the right to restrict data processing and otherwise to object to our data processing, in particular that for the purposes of direct marketing, profiling 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 body (so-called data portability). Please note, however, that we reserve the right to enforce the restrictions provided for by law, 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 you incur costs, we will inform you in advance. We have already informed you about the possibility of revoking your consent in section 3. Please note that exercising these rights may conflict with contractual agreements and may have consequences such as premature termination of the contract or costs. We will inform you in advance if this is not already contractually agreed. The exercise of such rights generally requires that you clearly prove your identity (e.g. by means of a copy of your identity 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. Every data subject also has the right to enforce his or her claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (website of the FDPIC).

Amendments

We may amend this privacy policy at any time without prior notice. In case of doubt, the current version published on our website and written in German shall apply. Insofar as the data protection declaration is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.

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