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Privacy Policy

This Privacy Policy explains how we, Pixalytica GmbH (hereinafter "Pixalytica", "us" or "we"), process personal data that we collect in the course of our business relationship with clients and, where applicable, related persons, counterparties, authorities, business partners, including service providers, visitors to our website and other persons with whom we interact.

This is not an exhaustive explanation of our data processing. It is possible that other data protection declarations or general terms and conditions and similar documents regulate specific matters.

In addition, we may inform you separately about the processing of your data, e.g. in consent forms, contract terms, additional privacy statements, forms and notices.

This privacy policy is designed to meet the requirements of the EU General Data Protection Regulation (‘GDPR’) and the Swiss Data Protection Act (‘DPA’).

Whether and to what extent these laws are applicable depends on the individual case. Your consent for processing personal data based on this Privacy Policy may be revoked anytime.

Collection of personal data

We primarily process the 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 website.

To the extent permitted by law and necessary for the fulfilment of the purpose, we also collect data from publicly accessible sources, such as the Internet.

We may process various categories of personal data. This includes in particular the following:

  • information that we require in addition to the contract data (see below) for the processing of our contractual or other business relationships or for marketing and advertising purposes. In particular, this includes contact and identification data (e.g. surname, first name, address, e- mail address, telephone number, customer number), personal details (e.g. age, gender, nationality, language).
  • communication data: if you contact us via the contact form, e-mail, telephone or other means of communication, we collect the information exchanged between you and us, including your contact details and marginal data of the communication.
  • we obtain and process personal data to fulfil our internal rules and our legal obligations in Switzerland and abroad, such as legal accounting and retention obligations, tax obligations or our professional obligations.
  • contract data: This includes information that we process in connection with the conclusion or processing of a contract, such as details of specific cases, billing information, data provided during the generation of the report, etc.
  • website data: this includes certain information that is generated in connection with visits to our website. In particular, this may include your online identifiers (e.g. cookie identifiers, IP addresses).

Normally, you provide us with the data listed above yourself. Under certain circumstances, we also take data from public sources (e.g. Internet) or receive it from third parties. These may be the following third parties, for example:

  • People from your environment (e.g. for powers of attorney, referral programme, customer care programme)
  • Banks or other contractual partners (e.g. for the processing of payments)
  • Online service providers (e.g. analysis services)
  • Authorities (e.g. in connection with legal proceedings)

By placing an order to generate a report using our website, you declare that you are generating a report about yourself or about a person who has given you consent to generate such a report based on their data. This means we are not the administrator of personal data provided to use the above-described service; we are a data processor acting on user’s behalf. We do not store the data used to generate the report.

Also, we are not the controller of the data visible in the generated report, as it is created on the basis of public sources of information and is not stored by us.

By using the website to generate the report you conclude a data processing agreement with us.

Purposes of data processing and legal basis

When using our services or contact options, we process personal data of you and other persons, insofar as we are permitted to do so and deem it appropriate, also for the following purposes, in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose:

  • initiation and conclusion of contracts (data need to generate a report, powers of attorney, declarations of consent and others)
  • offering and further developing our products, services and websites – advertising and marketing (including the organisation of events), provided you have not objected to the use of your data;
  • assertion of legal claims and defence in connection with legal disputes and official proceedings;
  • prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analyses to combat fraud);
  • ensuring our operations, in particular IT, our websites, apps and other platforms.

If you have given us your consent to process your personal data for specific purposes, 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.

Data processing agreement

If we have entered into an agreement based on the Terms of Service, in connection with which you entrust us with the processing of personal data within the scope specified in this section. The purpose of this section is to establish the conditions under which the Processor (we) performs personal data processing operations on behalf of the Controller, which is you.

You declare that you are authorised to process the data you entrust to us for the purpose of performing the contract and that you are authorised to process it to the extent that you have entrusted it to us. We declare that we have the appropriate technical and organisational measures in place to ensure that the processing of personal data entrusted to us complies with current data protection regulations and protects the rights of data subjects.

We will process the personal data you provide solely for the purpose of fulfilling the agreement specified in the Terms of Service. We will process the following types of personal data: image, name, surname, e-mail address. Data processing will concern the following categories of persons: persons who have consented to such processing of their image.

We undertake to process data solely for the purpose for which it was entrusted to us. We process personal data only on your documented instructions. We will inform you immediately if we believe that your order is unlawful. We may transfer personal data to third countries for the purpose of performing the contract.

We undertake to grant authorisations to process personal data to every natural person who will process the entrusted personal data, provided that they are persons who have undergone appropriate training in the field of personal data protection. We undertake to ensure that every natural person who has access to personal data on our behalf undertakes to keep it confidential. We undertake to cooperate with you in fulfilling your obligation to respond to requests from data subjects regarding the exercise of their rights. We may entrust specific operations on personal data to further processing.

The data will only be processed for the time necessary to generate the report.

Cookies

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 use when you visit our website. This enables 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 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) (‘persistent 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. We use permanent cookies so that you can save user settings (e.g. language). If you block cookies completely or partially, certain functionalities may no longer work.

Data disclosure and data transfer abroad

We will only disclose your personal data to third parties in the course of our business activities and for the purposes described in this privacy policy (e.g. to perform a contract, i.e. to generate a report) if we are legally obliged to do so, if the disclosure is necessary for the assertion, exercise or defence of legal claims or for the performance of contracts and business activities.

These third parties include in particular:

Service providers: we involve service providers in Switzerland and abroad who process data on our behalf that they receive from us or collect on our behalf, such as banks, service providers, IT and cloud providers, support service providers and software providers, as well as lawyers, experts and consultants. These service providers process this data either under their own responsibility, such as banks and insurance companies, or as processors.

Authorities and courts: If this is necessary for the fulfilment of our contractual obligations and mandate management, or if we are legally obligated or entitled to do so, or if this appears necessary to protect our interests, we may disclose personal data to offices, courts and other authorities. These data recipients process the data on their own responsibility.

The recipients listed in this privacy policy may in turn involve third parties, so that your data may become accessible to them, potentially in any country in the world. We can only influence the involvement of third parties for our processors (such as IT support), but not in the case of authorities, courts or banks.

These recipients are partly domestic, but can be anywhere in the world. In particular, you should expect your data to be transferred to all countries where our service providers are located.

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.

Duration of storage of personal data

We process and store personal data for as long as and to the extent that this is necessary to fulfil our contractual and legal obligations and for as long as we have a legitimate interest in retaining personal data, for example to enforce or defend legal claims or for archiving purposes.

As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted or anonymised as far as possible.

Data security

We take appropriate technical and organisational security measures to protect personal data from unauthorised access and misuse. These include, among other things, instructions to employees, access regulations and restrictions as well as the encryption of data.

Rights of the data subject

You have the right to: information on whether and how your personal data is processed by us correction of incorrect or outdated personal data; data deletion; restriction of data processing revocation of your consent; if you have declared your consent to data processing, you can withdraw this consent at any time with effect for the future. However, the withdrawal has no influence on the lawfulness of the data processing that has already taken place if applicable, the right to data portability of your data to a third party.

If we process your personal data based on our legitimate interests, you have the right to object to the processing of your data.

In addition, you have the right to lodge a complaint with the competent data protection authority (in Switzerland, the Federal Data Protection and Information Commissioner; http://www.edoeb.admin.ch) or to enforce your claims in court.

Changes

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

Contact

If you have any questions, wish to exercise your rights, or have any other data protection concerns, please contact us via contact form provided on the website.