Privacy Policy

1 Introduction

We are delighted that you have shown interest in the services of Siftlink SA (hereinafter referred to as “Siftlink”, “we”, “us”, “our”) which are provided via our software, APIs, or otherwise, and mobile website and mobile applications related, linked, or otherwise connected thereto (collectively the “Platform”). Data protection is a particularly high priority for Siftlink. The use of the Platform of Siftlink is possible without any indication of personal data; however, if a data subject wants to use special services via our Platform, processing of personal data may become necessary. If the processing of personal data is necessary, and there is no statutory basis for such processing, we generally obtain consent from the data subject. The processing of personal data, such as the name, address, email address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Siftlink. Utilizing this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed through this data protection declaration, of the rights to which they are entitled. As the controller, Siftlink has implemented numerous technical and organizational measures to ensure the complete protection of personal data processed through this Platform. However, Internet-based data transmissions may, in principle, have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

2 Definitions

The data protection declaration of Siftlink is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, among other things, the following terms:

• Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
• Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
• Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
• Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
• Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
• Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
• Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
• Processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
• Recipient is a natural or legal person, public authority, agency, or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
• Third-party is a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
• Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

3 Name and address of the controller

Controller for the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

Siftlink SA
Biopôle, Phenyl Building
Route de la Corniche 3
1066 Epalinges
Switzerland
info@siftlink.com

4 Collection of general data and information

The Platform of Siftlink collects a series of general data and information when a data subject or automated system calls up the Platform. This general data and information are stored in the server log files. The general data collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our Platform (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Platform, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, (8) names, (9) email address, (10) Payment method details such as credit card details and, (11) any other similar data and information that may be used in the event of attacks on our information technology systems. All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information. When using these general data and information, Siftlink does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our Platform correctly, (2) optimize the content of our Platform as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, (4) for analytics purposes, (5) to facilitate account creation and logon process, (6) to send automatic notifications (7) to request feedback (8) as necessary for basic functionality of the Platform and account management (billing our clients) and, (9) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Siftlink analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise and to achieve an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5 Contact possibility via the Platform

The Platform of Siftlink contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

6 CCPA proviso

The California Code of Regulations defines a “resident” as: 6.1 every individual who is in the State of California for other than a temporary or transitory purpose and 6.2 every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose. All other individuals are defined as “non-residents.” If this definition of “resident” applies to you, certain rights and obligations apply regarding your personal information. If you are a resident of California, you are granted specific rights regarding access to your personal information.

Your California Privacy Rights — if you are a California resident, you have the following rights specifically under the California Consumer Privacy Act:

Right to know. You have the right to know and see what data we have collected about you over the past 12 months, including: (1) The categories of personal information we have collected about you; (2) The categories of sources from which the personal information is collected; (3) The business or commercial purpose for collecting your personal information; (4) The categories of third parties with whom we have shared your personal information; and (5) The specific pieces of personal information we have collected about you.

Right to Delete. You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same). If you are under 18 years of age, reside in California, and have a registered account with the Platform, you have the right to request removal of unwanted data that you publicly post on the Platform. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Platform, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

Other Rights. California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided in this document. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Platform to you. If you ask us to delete it, you may no longer be able to access or use the Platform.

To exercise your rights under the California Consumer Privacy Act, please contact us by sending an e-mail to info@siftlink.com. Please provide your full name and e-mail address so that we may respond to your request as quickly as possible. You may be required to verify your identity before we fulfill your request — you may also designate an authorized agent to make a request on your behalf, with written authorization; you will still need to verify your identity directly with us.

7 Security

This Platform ensures that data is encrypted when leaving the Platform. This process involves the converting of information or data into a code to prevent unauthorised access. This Platform follows this process and employs secure methods to ensure the protection of all credit and debit card transactions. Encryption methods such as SSL are utilised to protect customer data when in transit to and from this Platform over a secure communications channel. Whilst we do everything within our power to ensure that personal data is protected at all times from our Platform, we cannot guarantee the security and integrity of the information that has been transmitted to our Platform.

8 Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject. If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

9 Rights of the data subject

10 Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. Where processing is necessary for the performance of a contract to which the data subject is party, or for pre-contractual measures, the processing is based on Article 6(1) lit. b GDPR. Where we are subject to a legal obligation requiring processing (e.g. tax obligations), the processing is based on Art. 6(1) lit. c GDPR. In rare cases, processing may be necessary to protect the vital interests of the data subject or another natural person, based on Art. 6(1) lit. d GDPR. Finally, processing operations not covered by the above may be based on Article 6(1) lit. f GDPR, where necessary for the purposes of legitimate interests pursued by us or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject.

11 The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR, our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

12 Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract. If the data subject requests termination or terminates his or her Siftlink account, the personal data shall be retained for a period of 1 year from the date of termination.

13 Provision of personal data as statutory or contractual requirement

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary, to conclude a contract, that the data subject provides us with personal data, which must subsequently be processed by us — for example, when we sign a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact us. We will clarify to the data subject whether the provision of the personal data is required by law, contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and the consequences of non-provision of the personal data.