OM3: Data protection and security prioritized

Version as of 28 August 2023

In this privacy statement, we, OM3 Marketing GmbH (hereinafter, we or us), explain how we collect and otherwise process personal data. The data protection for our customers is prioritized. Personal data means any information relating to an identified or identifiable individual. If you provide us with personal data of other persons (for example, family members, data of work 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 statement is designed to meet the requirements of the EU General Data Protection Regulation ("GDPR") and the Swiss Data Protection Act ("DPA"). However, whether and to what extent these laws are applicable depends on the individual case. The terms used are not gender-specific.

1 Responsible representative

The person responsible for the data processing described here is OM3 Marketing GmbH, Baslerstrasse 30, 8048 Zurich, unless otherwise stated in the individual case. If you have any data protection-related concerns, you can send them to us at the following contact address: Postal address: Baslerstrasse 30, 8048 Zurich Email: info@OM3.ch

2 Collection and processing of personal data

We primarily process the personal data that we receive from our customers and other business partners in the course of our business relationship with them and other persons involved in it, or that we collect from their users in the course of operating our websites. Where permitted, we also take certain data from publicly accessible sources (e.g. debt enforcement registers, land registers, commercial registers, press, Internet), from authorities and other third parties (such as credit agencies, address dealers). In addition to the data about you that you give us directly, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we learn in connection with official and legal proceedings, information relating to your professional functions and activities (for example, 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 provided to us by people close to you (family, advisors, legal representatives, etc.) so that we can conclude contracts with you. ) so that we can conclude or process contracts with you or involving you (e.g. 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, distributors and other contractual partners of ours, (e.g. payments made, purchases made), personal data from the media and the Internet (if this is appropriate in the specific case, e.g. as part of an application, press review, marketing/sales, etc.). ), your addresses and, if applicable, interests and other socio-demographic data (for marketing), data in connection with the use of the website (for example 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).

3 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 following activities: Creation of websites/ webshops as well as integration of eCommerce solutions into ERP systems and online marketing for companies. As part of this activity, we collect personal data for transactions with 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 partner, 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, and other platforms on which we are present;
Communicating with third parties and processing their enquiries (e.g. applications, media enquiries);
Examination and optimisation of procedures for needs analysis for the purpose of direct customer contact as well as collection of personal data from publicly accessible sources for the purpose of customer acquisition;
Advertising and marketing (including the organisation of events), insofar as 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 put 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 investigation of criminal offences and other misconduct (for example) conducting internal investigations, data analysis to combat fraud);
Ensuring our operations, in particular IT, our websites, apps and other platforms;
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 OM3 Marketing GmbH. Insofar as you have given us consent to process your personal data for specific 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, insofar as we have no other 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.

4 Cookies/tracking and other technologies in connection with the use of our website.

We typically use "cookies" and similar technologies on our websites 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. This allows us to recognise you when you return to this website, 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 (for example, 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 (for example, language, autologin), to help us better understand how you use our services and content, and to show you offers and advertisements tailored to you (which may also happen on other companies' websites; however, they will not know who you are from us, if we know at all, because they will only see that the same user is on their website who 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 (such as language selection, shopping cart, ordering processes) may no longer work. We also include visible and invisible image elements in our newsletters and other marketing emails in part and to the extent permitted. By retrieving these from our servers, we can determine whether and when you have opened the email 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 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 e-mail programme accordingly. We sometimes use Google Analytics or similar services on our websites. This is a service provided by third parties who 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), which enables us to 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 switched 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. If you have registered with the service provider yourself, the service provider also knows you. The processing of your personal data by the service provider then takes place under the responsibility of the service provider in accordance with its data protection regulations. The service provider only informs us how our respective website is used (no information about you personally). We also use so-called plug-ins from social networks such as Facebook, Twitter, YouTube, Pinterest, Xing, LinkedIn or Instagram 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. The processing of your personal data is then the responsibility of this operator according to its data protection regulations. We do not receive any information about you from them.

5 Disclosure of data to third parties

In the course of our business activities and for the purposes set out in section 3, we also disclose data to third parties, where permitted and where we consider it 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 bodies:

Service providers of ours (such as banks, insurance companies), including order processors (such as IT providers);
Dealers, suppliers, subcontractors and other business partners;
customers;
domestic and foreign authorities, official agencies or courts;
Media;
The public, including visitors to websites and social media;
Competitors, industry bodies, associations, organisations and other bodies;
acquirers or parties interested in acquiring businesses;
other parties to potential or actual legal proceedings; all joint recipients. If we disclose data to third parties, we comply with the legal requirements and, in particular, conclude order processing contracts or similar agreements with the respective recipients for the purpose of protecting your personal data.

6 Data transfer abroad

We may disclose data to persons, authorities, organisations, companies or other bodies abroad. In particular, we may transfer personal data to all countries in which our order processors process personal data. If a 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: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), insofar as the recipient is not 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 given your consent or if it concerns data that you have made generally accessible and you have not objected to its processing.

7 Duration of storage of personal data

We process and store your personal data as long as it is necessary for the fulfilment of our contractual and legal obligations or otherwise for the purposes pursued with the processing, i.e. for example for the duration of the entire business relationship (from the initiation and processing to the termination of a contract) as well as beyond that in accordance with the legal storage 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 justified business interests require this (for example 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 (for example, system logs, logs), shorter retention periods of twelve months or less generally apply.

8 Data security

We take appropriate technical and organisational security precautions to protect your personal data from unauthorised access and misuse. We take the protection of personal data into account as early as the development or selection of hardware, software or processes through appropriate technical and organisational measures. Furthermore, we ensure data protection-friendly default settings.

9 Obligation to provide personal data

Within the scope of our business relationship, you must provide us with the personal data that is required for the establishment and implementation of a business relationship and the fulfilment of the associated contractual obligations (as a rule, you do not 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.

10 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. 21 rev or DSG22 DSGVO). 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.

11 Rights of the data subject

You have the following rights under the data protection law applicable to you and where provided for therein (such as in the case of the GDPR):

the right to request information from us as to whether we are processing data about you and, if so, what data we are processing;
the right to have us correct data if it is inaccurate;
the right to demand that we delete data;
the right to request that we provide certain personal data in a commonly used electronic format or transfer it to another data controller;
the right to withdraw consent where our processing is based on your consent;
the right to obtain, on request, further information necessary for the exercise of these rights;
the right to express your point of view in the case of automated individual decisions (point 10) and to request that the decision be reviewed by a natural person. Please note, however, that we reserve the right to invoke the restrictions provided for by law on our part, 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 (for example, 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 (http://www.edoeb.admin.ch).

12 Changes

We may amend this privacy policy at any time without prior notice. The current version published on our website 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.