Privacy Policy

In this privacy policy, we, BUSINESSCOM AG (hereinafter BUSINESSCOM, 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 refers to all information relating to an identified or identifiable person.
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If you provide us with the personal data of other persons (e.g. family members, data of work colleagues), please ensure that these persons are aware of this privacy policy and only provide us with their personal data if you are permitted to do so and if this personal data is correct.

This Privacy Policy is designed to meet the requirements of the EU General Data Protection Regulation ("GDPR"), the Swiss Data Protection Act ("DPA") and the revised Swiss Data Protection Act ("revDSG"). However, whether and to what extent these laws are applicable depends on the individual case.
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1. controller / data protection officer / representative
BusinessCom AG, Einschlagweg 59, 3400 Burgdorf, Switzerland, is responsible for the data processing described here, unless otherwise stated in individual cases. If you have any data protection concerns, you can send them to us at the following contact address: BusinessCom AG, Einschlagweg 59, 3400 Burgdorf, datenschutz@businesscom.ch.


2. Collection and processing of personal data
We primarily process the personal data that we receive from our customers and other business partners as part 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. Where 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, authorities and other third parties (e.g. credit agencies, address dealers). In addition to the data that you provide to 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 obtain in connection with official and legal proceedings, information in connection with your professional functions and activities (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 conduct business with you personally), information about you that people from your environment (family, advisors, legal representatives, etc.) give us so that we can conclude or process contracts with you or with your involvement (e.g. references, your address for deliveries, powers of attorney, information to comply with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, sales representatives, etc.). references, your address for deliveries, powers of attorney, information for compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners of ours for the use or provision of services by you), information from the media and the Internet about your person (insofar as this is appropriate in the specific case, e.g. in the context 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 (e.g. IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring website, location data).


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 logistics and commercial services with our customers and the purchase of products and services from our suppliers and subcontractors, as well as to comply with our legal obligations in Switzerland and abroad. If you work for such a customer or business partner, your personal data may of course also be affected in this function.

 
  • Offering and further developing our products, services and websites, apps and other platforms on which we are present;
    Communicating with third parties and processing their inquiries (e.g. applications, media inquiries)
  • Examination and optimization of procedures for needs analysis for the purpose of direct customer contact and collection of personal data from publicly accessible sources for the purpose of customer acquisition
  • Advertising and marketing (including the organization 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 blacklist against further advertising mailings);
  • Market and opinion research, media monitoring;
  • Assertion of legal claims and defense in connection with legal disputes and official proceedings;
  • Prevention and investigation of criminal offenses and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
  • Ensuring our operations, in particular IT, our websites, apps and other platforms;
  • Video surveillance to safeguard domiciliary 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 recordings);
  • Acquisition and sale of business divisions, 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 compliance with legal and regulatory obligations and internal regulations.


If you have given us your consent to process your personal data for specific purposes (for example, when you register to receive newsletters or carry out a background check), we will process your personal data within the scope of and based on this consent, unless we have another legal basis and require one. Consent that has been granted can be revoked at any time, but this has no effect on data processing that has already taken place.
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4. cookies / tracking and other technologies in connection with the use of our website 
We typically use "cookies" and similar technologies on our websites and in our apps 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 use when you visit our website or install our app. This enables us to recognize 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 are 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 so that it rejects cookies, only stores them for one session or otherwise deletes them prematurely. Most browsers are preset to accept cookies.
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We use permanent cookies to save user settings (e.g. language, autologin) so that we can better understand how you use our offers and content, and so that we can show you offers and advertising tailored to you (which can also happen on websites of other companies; however, we do not tell them who you are, if we know that at all, because they only see that the same user is on their website who was also on a certain page with us). Some of the cookies are set by us, some are also set by contractual partners with whom we work. If you block cookies, certain functions (e.g. language selection, shopping cart, ordering processes) may no longer work.

In some of our newsletters and other marketing emails, we also include visible and invisible image elements, where permitted, which we can retrieve from our servers to determine whether and when you have opened the email so that we can measure and better understand how you use our offers and tailor them to you. You can block this in your email program; most are preset to do so.

By using our websites and apps and agreeing to receive newsletters and other marketing emails, you consent to the use of these techniques. If you do not want this, you must set your browser or email program accordingly, or uninstall the app if this cannot be adjusted via the settings.

We sometimes use Google Analytics or similar services on our websites. This is a service provided by third parties, 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 processor (both "Google"), www.google.com), with which we can measure and evaluate the use of the website (non-personal). Permanent cookies set by the service provider are also used for this purpose.

Although we can assume that the information we share with Google is not personal data for Google, it is possible that Google can use this data for its own purposes to draw conclusions about the identity of visitors, create personal profiles and link this data to the Google accounts of these persons.

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 is then the responsibility of the service provider in accordance with its data protection provisions. The service provider only informs us how our respective website is used (no information about you personally).
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We also use plug-ins from social networks such as Facebook, Twitter, YouTube and 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 in accordance with its data protection provisions. We do not receive any information about you from them.



5. data transfer and data transmission abroad
As part of our business activities and for the purposes set out in section 3, we also disclose data to third parties to the extent permitted and deemed appropriate, either because they process it for us or because they wish to use it for their own purposes. This applies in particular to the following parties:

  • Service providers of ours (internal as well as external, such as banks, insurance companies), including contract processors (such as IT providers);
  • Dealers, suppliers, subcontractors and other business partners
  • Customers
  • Domestic and foreign authorities, official bodies or courts
    the media
  • The public, including visitors to websites and social media
  • Competitors, industry organizations, associations, organizations and other bodies
  • Acquirers or parties interested in acquiring business units, companies or other parts of BUSINESSCOM AG.
  • Other parties in potential or actual legal proceedings


All common recipients.
Some of these recipients are in Switzerland, but they can be anywhere in the world. In particular, you must expect your data to be transferred to all countries where our service providers are located or have their headquarters (e.g. Microsoft, HubSpot and Intrum).

If a recipient is located in a country without adequate statutory data protection, we contractually oblige the recipient to comply with the applicable data protection (we use the revised standard contractual clauses of the European Commission, which are available here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless the recipient is already subject to a legally recognized set of rules to ensure data protection and we cannot rely on an exception. 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 the data in question has been made generally accessible by you and you have not objected to its processing.

6. duration of storage of personal data
We process and store your personal data for as long as is necessary for the fulfillment of our contractual and legal obligations or otherwise for the purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, execution to the termination of a contract) as well as beyond that in accordance with the statutory retention and documentation obligations. It is possible that personal data may be stored for the period in 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 anonymized as far as possible. For operational data (e.g. system protocols, logs), shorter retention periods of twelve months or less generally apply.

7. data security
We take appropriate technical and organizational security precautions to protect your personal data from unauthorized access and misuse, such as issuing instructions, training, IT and network security solutions, access controls and access restrictions, encryption of data carriers and transmissions, checks.

8. obligation to provide personal data
As part of our business relationship, you must provide the personal data that is necessary for the establishment and execution of a business relationship and the fulfillment 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 conclude or execute a contract with you (or the entity or person you represent). The website can also not be used if certain information to secure data traffic (such as IP address) is not disclosed.

9. Profiling and automated decision-making
We process your personal data partially automatically with the aim of evaluating certain personal aspects (profiling). We use profiling in particular to provide you with targeted information and advice about products. In doing so, we use evaluation tools that enable us to provide needs-based communication and advertising, including market and opinion research.

10. Rights of the data subject
Under the applicable data protection law and to the extent provided therein (such as under the GDPR), you have the right to access, rectify, erase, restrict data processing, and object to our data processing activities, particularly those for direct marketing purposes, profiling conducted for direct advertising, and other legitimate interests in processing, as well as the right to receive certain personal data for transmission to another controller (so-called data portability). Please note, however, that we reserve the right to invoke the legally prescribed restrictions, for example, if we are obliged to retain or process certain data, have a predominant interest therein (where we are entitled to rely on it), or need it for asserting claims. If there are any costs for you, 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 early contract termination or cost implications. We will inform you in advance in such cases, where this is not already contractually regulated.
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The exercise of such rights usually requires you to clearly prove your identity (e.g., by providing a copy of your ID where your identity is not otherwise clear or verifiable). To assert your rights, you can contact us at the address specified in section 1.

Furthermore, each data subject has the right to enforce their 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).


11. Changes
We reserve the right to adjust this privacy policy at any time without prior notice. The current version published on our website shall apply. If the privacy policy forms part of an agreement with you, we will inform you of any updates via email or through other appropriate means.