Version effective as of 31 August 2023

With this Data Protection Statement we, comtexto AG (hereinafter comtexto, we or us), describe how we collect and further process personal data. This Data Protection Statement is not necessarily a comprehensive description of our data processing. It is possible that other data protection statements are applicable to specific circumstances. The term “personal data” in this Data Protection Statement shall mean any information that identifies, or could reasonably be used to identify any person.

If you provide us with personal data of other persons (such as family members, work colleagues), please make sure the respective persons are aware of this Data Protection Statement, and only provide us with their data if you are allowed to do so and such personal data is correct.

This Data Protection Statement is aligned with the EU General Data Protection Regulation (“GDPR”), the Federal Act on Data Protection (“FADP”) and the New Federal Act on Data Protection (“nFADP”). However, the application of these laws depends on each individual case.

1. Controller / Data Protection Officer / Representative

The “controller” of data processing as described in this Data Protection Statement is

comtexto AG
Dufourstrasse 107
CH-8008 Zurich
Switzerland.

You can notify us of any data protection related concerns (please specify the object of your request) using the following contact details:

comtexto AG
Dufourstrasse 107
CH-8008 Zurich
Switzerland
tel.: +41 (44) 885 08 08
e-mail: datenschutz@comtexto.ch

You can contact our data protection officer according to Art. 37 GDPR using the following contact details: comtexto AG, Dufourstrasse 107, CH-8008 Zurich, Switzerland e-mail: datenschutz@comtexto.ch.

2. Collection and Processing of Personal Data

We primarily process personal data that we obtain from our clients and other business partners as well as other individuals in the context of our business relationships with them or that we collect from users when operating our websites, apps and other applications.

Insofar as it is permitted to us, we obtain certain personal data from publicly accessible sources (e.g. debt registers, land registries, commercial registers, press, Internet), or we may receive such information from other companies, from authorities or other third parties (such as credit rating agencies, list brokers).

Apart from data you provide us with directly, the categories of data we receive about you from third parties include, but are not limited to, information from public registers, data received in connection with administrative or court proceedings, information in connection with your professional role and activities (e.g. in order to conclude and carry out contracts with your employer), information about you in correspondence and discussions with third parties, credit rating information (if we conduct business activities with you personally), information about you given to us by individuals associated with you (family, consultants, legal representatives, etc.) in order to conclude or process contracts with you or with your involvement (e.g. references, your delivery-address, powers of attorney), information regarding legal regulations such as anti-money laundering and export restrictions, bank details, information regarding insurances, our distributors and other business partners for the purpose of ordering or delivering services to you or by you (e.g. payments made, previous purchases), information about you found in the media or Internet (insofar as indicated in the specific case, e.g. in connection with job applications, media reviews, marketing/sales, etc.), your address and any interests and other socio-demographic data (for marketing purposes), data in connection with your use of our websites (e.g. IP address, MAC address of your smartphone or computers, information regarding your device and settings, cookies, date and time of your visit, sites and content retrieved, applications used, referring website, localisation data).

3. Purpose of Data Processing and Legal Grounds

We primarily use collected data in order to conclude and process contracts with our clients and business partners, in particular in connection with language services for our clients and the procurement of products and services from our suppliers and subcontractors, as well as in order to comply with our domestic and foreign legal obligations. You may be affected by our data processing in your capacity as an employee of such a client or business partner.
In addition, in line with applicable law and where appropriate, we may process your personal data and personal data of third parties for the following purposes, which are in our (or, as the case may be, any third parties’) legitimate interest, such as:

• providing and developing our products, services and websites, apps and other platforms on which we are active;
• communication with third parties and processing of their requests (e.g. job applications, media enquiries);
• review and optimisation of procedures regarding needs assessment for the purpose of direct customer approach as well as obtaining personal data from publicly accessible sources for customer acquisition;
• advertisement and marketing (including organising events), provided that you have not objected to the use of your data for this purpose (if you are part of our customer base and you receive our advertisement, you may object at any time and we will place you on a blacklist against further advertising mailings);
• market and opinion research, media surveillance;
• asserting legal claims and defence in legal disputes and official proceedings;
• prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
• ensuring our operation, including our IT, our websites, apps and other platforms;
• video surveillance to protect our domiciliary rights and other measures to ensure the safety of our premises and facilities as well as protection of our employees and other individuals and assets owner by or entrusted to us (such as access controls, visitor logs, network and mail scanners, telephone recordings);
• acquisition and sale of business divisions, companies or parts of companies and other corporate transactions and the transfer of personal data related thereto as well as measures for business management and compliance with legal and regulatory obligations as well as internal regulations of comtexto.

If you have given us your consent to process your personal data for certain purposes (for example when subscribing to newsletters or carrying 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, provided that we require one. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.

4. Handling of Application Data

We offer you the opportunity to apply to us (e.g. by e-mail, post or via online application form). Below we inform you about the scope, purpose and use of your personal data collected as part of the application process. We assure you that the collection, processing and use of your data will be carried out in accordance with applicable data protection law and all other statutory provisions and that your data will be treated in strict confidence.

If you send us an application, we process your associated personal data (e.g. contact and communication data, application documents, notes taken during interviews, etc.) to the extent that this is necessary to decide on the establishment of an employment relationship. Your personal data will only be passed on within our company to persons who are involved in processing your application. If the application is successful, the data you submit will be stored in our data processing systems for the purpose of implementing the employment relationship.

5. Data Collection in Connection with the Use of our Website

When you visit our website, fill out a contact form, apply for a job with us and in other cases, various pieces of personal data are collected, stored, further processed and in some cases passed on.

Your data is collected when you provide it to us. This may be data that you enter or data that is collected automatically. This applies to the following personal data in particular and takes place in the following situations for the purposes listed below:

5.1 Log Data

The website provider automatically collects and stores information in files known as server log files, which your browser automatically transmits to us. This includes:

• browser type and version
• operating system used
• referrer URL
• host name of the accessing computer
• time of server request
• IP address

This information is not combined with other data sources. As website operators, we have a legitimate interest in optimising our website and in ensuring that it is displayed without any technical errors – server log files have to be recorded for this purpose.

5.2 Cookies

We typically use “cookies” and similar techniques on our websites and portals which make it possible to identify your browser or device. A cookie is a small text file that is sent to your computer and automatically saved by the web browser on your computer or mobile device when you visit our website.

If you visit our website or use our portal again, we may recognise you, even if we do not know your identity. Besides cookies that are only used during a session and deleted after your visit to the website (“session cookies”), we may use cookies in order to save user configurations and other information for a certain time period (e.g. two years) (“permanent cookies”). You may configure your browser settings so that it rejects cookies, only saves them for one session or deletes them prematurely. Most browsers are preset to accept cookies. We use permanent cookies for the purpose of saving user settings (e.g. language, automated log in), in order to understand how you use our services and content, and to enable us to show you customised offers and advertisements (which may also happen on websites of other companies; should your identity be known to us, such companies will not learn your identity from us; they will only know that the same user is visiting their website has previously visited a certain website). If you block cookies, it is possible that certain functions (such as language setting, shopping basket, ordering processes) are no longer available to you.

5.3 Consent with Complianz

Our website uses consent technology from Complianz to obtain your consent to the storage of certain cookies on your terminal device or to the use of certain technologies and to document this in accordance with data protection law.

The provider of this technology is Complianz B.V., Kalmarweg 14-5, 9723 JG Groningen, Netherlands (hereinafter “Complianz”). Complianz is hosted on our servers, so no connection is made to the servers of the provider of Complianz. Complianz stores a cookie in your browser in order to be able to assign the consent granted, or their revocation, to you. The data collected in this way is stored until you request its deletion, delete the Complianz cookie yourself, or the purpose of storing the data no longer applies. Mandatory statutory retention obligations remain unaffected. Complianz is used to obtain the legally required consent to the use of cookies.

5.4 Information on our Newsletter and Consent

The following information explains the contents of our newsletter and the subscription, mailing and statistical evaluation procedures, as well as your rights of objection. By subscribing to our newsletter, you accept to receive it and agree to the procedures described.

We send newsletters, e-mails and other electronic notifications with promotional information (hereinafter “newsletter”) only with the consent of the recipients or legal permission. Insofar as the contents of the newsletter are specifically described in the course of subscription, they are decisive for obtaining the user’s consent.

Subscription to our newsletter involves a double opt-in process. This means that after subscription, you will receive an e-mail asking you to confirm your subscription. This confirmation is necessary so that no one can subscribe with another person’s e-mail address.
To subscribe to the newsletter, all you need to do is to enter your e-mail address. Optionally, we ask you to enter your first and last name. This information is only used to personalise the newsletter.

Newsletter subscriptions are logged in order to be able to provide evidence of the subscription process in accordance with legal requirements. This includes storage of the subscription and confirmation time, as well as the IP address. Changes to your data stored with MailChimp are also logged.

To send our newsletters, we use Intuit MailChimp, a newsletter mailing platform operated by the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA.

The e-mail addresses of our newsletter recipients, as well as their other data described in the context of this Data Protection Statement, are stored on the servers of Intuit MailChimp in the USA. Intuit MailChimp uses this information to send and evaluate the newsletter on our behalf. Furthermore, Intuit MailChimp may, according to its own information, use this data to optimise or improve its own services, e.g. for the technical optimisation of the mailing and presentation of newsletters or for economic purposes in order to determine the countries in which the recipients are based. However, Intuit MailChimp does not use the data of our newsletter recipients to write to them itself or to pass on data to third parties.

We trust the reliability and the IT and data security of Intuit MailChimp. Intuit MailChimp is certified under the EU-U.S. Privacy Shield framework and undertakes to comply with EU data protection requirements. Furthermore, we have concluded a “Data Processing Agreement” with Intuit MailChimp. This is a contract in which Intuit MailChimp undertakes to protect the data of our users, to process it on our behalf in accordance with its data protection provisions and, in particular, to refrain from passing it on to third parties. You can view Intuit MailChimp’s privacy statements here.

5.5 Statistical Surveys and Analyses

Our newsletters contain a “web beacon”, i.e. a pixel-sized file that is retrieved from the Intuit MailChimp server when the newsletter is opened. During the retrieval of this file, technical information is initially collected, such as information about the browser and your system, as well as your IP address and the time of access. This information is used for the technical improvement of services with the aid of technical data or target groups and reading behaviour based on the retrieval locations (which can be determined with the help of the IP address) or access times.
Statistical surveys also involve determining whether our newsletters are opened, when they are opened, and which links are clicked on. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor that of Intuit MailChimp to monitor individual users. Rather, the evaluations enable us to recognise the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.

There are instances where we direct newsletter recipients to Intuit MailChimp’s websites. For example, our newsletters contain a link that can be used to display the newsletters online (e.g. in the event of display problems in the e-mail client). In addition, newsletter recipients can subsequently correct their data, such as the e-mail address. Likewise, Intuit MailChimp’s privacy statements are only available on their site.

In this context, we would like to point out that cookies are used on the Intuit MailChimp websites and that personal data is therefore processed by Intuit MailChimp, its partners and service providers used (e.g. Google Analytics). We have no control over this data collection. For more information, please refer to Intuit MailChimp’s privacy statements.

The use of the mailing service provider Intuit MailChimp, the performance of statistical surveys and analyses, and the logging of the subscription process are based on our legitimate interests. We endeavour to apply a user-friendly and secure newsletter system that is easy for us to manage and that meets user expectations.

We would also like to point out that you can object to the future processing of your personal data in accordance with the legal requirements at any time.

5.6 Registration on our Website

You can register for our customer portal on this website or at my.comtexto.ch to use additional functions. We use the data entered solely for the purpose of enabling you to use the offer or service for which you have registered. The mandatory information requested during registration must be provided in full; otherwise we will refuse the registration. We will use the e-mail address provided during registration to inform you of important changes, for example to the scope of the offer or in the case of technically necessary changes. The data entered during registration is processed for the purpose of implementing the user relationship established by registration and, if necessary, for initiating further contracts. The data collected during registration is stored by us for as long as you are registered on this website and is then deleted. Statutory retention periods remain unaffected.

5.7 Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland. Google Analytics enables the website operator to analyse the behaviour of website visitors. In doing so, the website operator receives various pieces of usage data such as page views, duration of visit, operating systems used and the origin of the user. This data is assigned to the respective user’s terminal device. There is no assignment to a user ID. Furthermore, Google Analytics allows us to record your mouse and scroll movements and clicks, among other things. In addition, Google Analytics uses various modelling approaches to supplement the data sets collected and employs machine learning technologies in data analysis. Google Analytics uses technologies that enable the recognition of the user for the purpose of analysing user behaviour (e.g. cookies or device fingerprinting). In general, the information collected by Google with regard to your use of this website is sent to a Google server in the USA, where it is stored. The use of this service is based on your consent. This consent can be revoked at any time. Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://privacy.google.com/businesses/controllerterms/mccs/.

5.8 Google Fonts (Local Hosting)

This site uses Google Fonts, which are provided by Google, to ensure the uniform display of fonts. Google Fonts are installed locally. There is no connection to Google servers. Further information on Google Fonts can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://policies.google.com/privacy?hl=en&gl=en.

6. Data Transfer and Transmission of Data Abroad

In the context of our business activities and in line with the purposes of the data processing set out under 3. Purpose of Data Processing and Legal Grounds, we may transfer data to third parties, insofar as such a transfer is permitted and we deem it appropriate, in order for them to process data for us or, as the case may be, for their own purposes. In particular, the following categories of recipients may be concerned:

• our service providers (within comtexto or externally, such as banks, insurance companies), including order processors (e.g. IT providers);
• dealers, suppliers, subcontractors and other business partners;
• clients;
• domestic and foreign authorities or courts;
• the media;
• the public, including users of our websites and social media;
• competitors, industry organisations, associations, organisations and other bodies;
• acquirers or parties interested in the acquisition of business divisions, companies or other parts of comtexto;
• other parties in possible or pending legal proceedings;
• affiliates of comtexto;

together Recipients.

Certain Recipients may be within Switzerland, but they may be located in any country worldwide. In particular, you must agree to the transmission of your data to other countries (e.g. Europe and the USA) where our service providers are located (such as Microsoft).

If a recipient is located in a country without adequate statutory data protection, we require the recipient to undertake to comply with applicable data protection (for this purpose, we use the revised European Commission’s standard contractual clauses, which can be accessed here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj), unless the recipient is subject to a legally accepted set of rules to ensure data protection and we cannot rely on an exception. An exception may apply, for example in case of legal proceedings abroad, but also in cases of overriding public interest or if the performance of a contract requires disclosure, if you have consented or if data has been made available generally by you and you have not objected to the processing.

7. Retention Periods for your Personal Data

We process and retain your personal data as long as required for the performance of our contractual obligation and compliance with legal obligations or other purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, during the performance of the contract until it is terminated) as well as beyond this duration in accordance with legal retention and documentation obligations. Personal data may be retained for the period during which claims can be asserted against our company or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (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, to the extent possible. In general, shorter retention periods of no more than twelve months apply for operational data (e.g. system logs).

8. Data Security

We take appropriate technical and organisational security measures to protect your personal data from unauthorised access and misuse. All data at comtexto is protected in accordance with the ISO 27001 standard, which ensures the implementation of appropriate security mechanisms to protect all the information of an organisation.

9. Obligation to Provide Personal Data

In the context of our business relationship, you must provide us with any personal data that is necessary for the conclusion and performance of a business relationship and the performance of our contractual obligations (as a rule, there is no statutory requirement to provide us with data). Without this information, we will usually not be able to enter into or carry out a contract with you (or the entity or person you represent). In addition, the website cannot be used unless certain information is disclosed to enable data traffic (e.g. IP address).

10. Profiling and Automated Individual Decision-Making

We may partially process your personal data automatically with the aim of evaluating certain personal aspects (profiling). In particular, profiling allows us to inform and advise you about products possibly relevant for you more accurately. For this purpose, we may use evaluation tools that enable us to communicate with you and display advertisements as required, including market and opinion research.
In establishing and carrying out a business relationship, we generally do not use any fully automated individual decision-making (such as pursuant to Art. 22 GDPR). Should we use such procedures in certain cases, we will inform you separately on this and advise you of your relevant rights if required by law.

11. Rights of the Data Subject

In accordance with and as far as provided by applicable law (as is the case where the GDPR is applicable), you have the right to access, rectification and erasure of your personal data, the right to restriction of processing or to object to our data processing, in particular for direct marketing purposes, for profiling carried out for direct marketing purposes and for other legitimate interests in processing, in addition to the right to receive certain personal data for transfer to another controller (data portability). Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs for you, we will notify you in advance. We have already informed you of the possibility to withdraw consent under 3. Purpose of Data Processing and Legal Grounds above. Please note that the exercise of these rights may be in conflict with your contractual obligations, and this may result in consequences such as premature contract termination or involve costs. If this is the case, we will inform you in advance unless it has already been contractually agreed upon.

In general, exercising these rights requires that you are able to prove your identity (e.g. by a copy of identification documents where your identity is not evident otherwise or can be verified in another way). In order to assert these rights, please contact us at the addresses provided under 1. Controller / Data Protection Officer / Representative above.

In addition, every data subject has the right to enforce his/her rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority for Switzerland is the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home.html).

12. Amendments

This Data Protection Statement is currently valid and applies as of 31 August 2023. comtexto AG reserves the right to amend this Data Protection Statement from time to time. We will inform you about fundamental changes on the website and via the usual communication channels.