Privacy policy


1. processing of personal data

We process personal data (data that directly or indirectly identifies natural persons) that we receive from you or third parties involved as part of the business relationship or in the initiation of the business relationship or that we collect ourselves. Stiftung KMU für Rechtsdurchsetzung , Mattenhofstrasse 5

3007 Bern, is responsible for the processing of personal data described in this privacy policy.

2. Data origin

You or the data subjects provide us with some of the personal data yourself when you or they contact us via email, social media (e.g. LinkedIn), online contact form or telephone and request our services. This includes, for example, name, telephone number and contact details as well as information about the role of the data subject at the company or organization for which you or the respective contact persons work or on whose behalf you or they contact us. We also process personal data that we receive in our correspondence with third parties (namely clients, counterparties, authorities and courts and their employees or other contact persons) as part of the client relationship (e.g. name, contact details, date of birth, details of employment, income situation, family circumstances or state of health). We also collect some personal data ourselves, e.g. from public registers or websites.

3. Processing purpose

We process the types of personal data mentioned above:


a. ) primarily in order to provide, document and invoice our legal services.


b. ) for marketing purposes (using any means of communication such as email, social media, post or telephone) to provide information about publications, events, news, services or products that may be of interest (e.g. with a newsletter).

4. Passing on

In order to achieve the purposes described in this Privacy Policy, it may be necessary for us to disclose personal data to the following categories of recipients: External service providers, clients, counterparties and their legal representatives, business partners with whom we may need to coordinate the provision of legal services, as well as authorities and courts. Furthermore, your data will be passed on to group companies AGON PARTNERS Public Affaires, AGON PARTNERS Compliance, Swiss Legal Tech Solutions GmbH (SLTS), Swiss Association for Compliance and Competition Law (ACCL), Litigation PR and KMU-Stiftung.

5. Processing location

We process personal data in our area of responsibility mainly in Switzerland and in the EU/EEA. However, we process the data worldwide if this is required by the client relationship. However, we may transfer the personal data to recipients (namely clients, counterparties or authorities) who in turn process the personal data in other countries, including those that do not guarantee a level of data protection comparable to Swiss law. We will do the latter based on consent or standard contractual clauses, or if it is necessary to fulfill a contract or to enforce legal claims.

6. Website

In order to operate our website securely and stably, we collect technical data such as IP address, information about the operating system and settings of your end device, the region, the time and type of use. We also use cookies and similar technologies.

When using our website (including newsletters and other digital offers), data is collected that is stored in logs (in particular technical data). We may also use cookies and similar technologies (e.g. pixel tags or fingerprints) to recognize website visitors, evaluate their behavior and identify preferences. A cookie is a small file that is transmitted between the server and your system
and enables a specific device or browser to be recognized.
You can set your browser so that it automatically rejects, accepts or deletes cookies. You can also deactivate or delete cookies on a case-by-case basis. You can find out how to manage cookies in your browser in your browser's help menu. Neither the technical data collected by us nor cookies generally contain any personal data. However, personal data that we or third-party providers commissioned by us store about you (e.g. if you have a user account with us or these providers) may be linked to the technical data or to the information stored in and obtained from cookies and thus possibly to your person.

We also use social media plug-ins, which are small pieces of software that establish a connection between your visit to our website and a third-party provider. The social media plug-in tells the third-party provider that you have visited our website and may send the third-party provider cookies that they have previously placed on your web browser. For more information on how these third-party providers use your personal data collected via their social media plug-ins, please refer to their respective privacy policies.
We also use our own tools and services from third-party providers (which may themselves use cookies) on our website, in particular to improve the functionality or content of our website (e.g. integration of videos or maps), to compile statistics and to place advertisements. We may currently use services from the following service providers and advertising partners in particular, whereby their contact details and further information on the individual data processing can be found in the respective privacy policy:

6.2 We use Google Analytics to analyze the use of our website. Google Analytics also uses cookies. Google Analytics is a service provided by the American company Google LLC. We require this service in order to provide our offering, including our website, in an effective, user-friendly, permanent, secure and reliable manner, in particular by
in particular by analyzing usage, including measuring success and reach with a view to troubleshooting and improvements. You can object to the statistical collection by Google Analytics
with the "Browser Add-on to deactivate Google Analytics" https://tools.google.com/dlpage/gaoptout Google is subject to both the EU-US and the Swiss-US Privacy Shield (https://www.privacyshield.gov/), whereby Google undertakes to guarantee adequate data protection. In particular, Google has published the following information on the type, scope and purpose of
data processing in connection with Google Analytics: Google Analytics terms and conditions, privacy policy and terms of use, entry in the Privacy Shield list.
https://www.google.com/analytics/terms/
https://policies.google.com/
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI

6.3 We use Google Fonts to embed selected fonts in our website. Google Fonts is a service of the American Google LLC. Google is subject to both the EU-US and the Swiss-US Privacy Shield (https://www.privacyshield.gov/), whereby Google undertakes to guarantee adequate data protection. In particular, Google has published the following information on the type, scope and purpose of data processing in connection with Google Fonts: Data protection at Google Fonts, privacy policy and terms of use, entry in the Privacy Shield list
https://developers.google.com/fonts/faq#what_does_using_the_google_fonts_api_mean_for_the_privacy_of_my_users
https://policies.google.com/
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI

6.4 We use Google Maps to embed maps in our website. Google Maps is a service of the American company Google LLC. Google is subject to both the EU-US and the Swiss-US Privacy Shield
American Privacy Shield (https://www.privacyshield.gov/), whereby Google undertakes to guarantee adequate data protection. In particular, Google has published the following information on the type, scope and purpose of
data processing in connection with Google Maps: Data protection for Google products including Google Maps, privacy policy and terms of use, entry in the Privacy Shield list.
Shield list.
https://policies.google.com/technologies/product-privacy
https://policies.google.com/
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI

6.5 We use YouTube to embed videos on our website. YouTube is a service of the American Google LLC. Google is subject to both the EU-US and the Swiss-US Privacy Shield (https://www.privacyshield.gov/), whereby Google undertakes to guarantee appropriate data protection. In particular, Google has published the following information on the type, scope and purpose of data processing in connection with YouTube: Data protection for Google products including YouTube, privacy policy and terms of use, entry in the Privacy Shield list.

6.6 We use Matomo to analyze the use of our website. This service also uses cookies. Matomo is a service of analytics.hostkonzept.ch, which is operated by konzeptplus ag and is stored exclusively in a Swiss data center. We need this service in order to provide our offering, including our website, in an effective, user-friendly, permanent, secure and reliable manner, in particular by analyzing usage, including measuring success and reach with a view to troubleshooting and improvements.

As the service is stored in a Swiss data center, the strict data protection regulations of Switzerland apply. You can object to the statistical recording by Matomo at any time by adjusting the corresponding settings in your browser.

6.7 On our website we use Adobe Font, a font service from Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA. By integrating Adobe Font, fonts are loaded from Adobe servers each time you access our website from your device, which provides Adobe with information that our website has been accessed from your IP address.

The use of Adobe Font is in the interest of a uniform and appealing presentation of our online offers. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.

Adobe has submitted to the EU-US Privacy Shield, which guarantees that the level of data protection in the USA corresponds to European standards.

Further information on data protection at Adobe Font can be found in Adobe's privacy policy: https://www.adobe.com/ch_de/privacy/policies/adobe-fonts.html

6.8 We operate pages and other online presences on social networks and other platforms operated by third parties and process data about you in this context.
We receive data from you (e.g. when you communicate with us or comment on our content) and from the platforms (e.g. statistics). The providers of the platforms can analyze your use and process this data together with other data that they have about you. They also process this data for their own purposes (e.g. marketing and market research purposes and to manage their platforms), and act as their own data controllers for this purpose. For further information on processing by the platform operators, please refer to the privacy policies of the respective platforms. We currently use the following platforms, whereby the identity and contact details of the platform operator can be found in the privacy policy in each case:

LinkedIn
www.linkedin.com
Privacy policy: https://de.linkedin.com/legal/privacy-policy

Twitter
www.twitter.com
Privacy policy: https://twitter.com/de/privacy

7. Job application

If you apply for a job with us, we obtain and process the relevant data for the purpose of reviewing the application, carrying out the application process and, in the case of successful applications, for the preparation and conclusion of a corresponding contract. In addition to your contact details and the information from the corresponding communication, we also process the data contained in your application documents and the data that we can additionally obtain about you, e.g. from job-related social networks, the Internet, the media and from references, if you consent to us obtaining references.

8. Duration of data storage and data backup

We only store personal data for as long as is necessary to process the client relationship, for as long as there is a legal obligation to store and document data or for as long as we have an overriding private or public interest in doing so. We take proportionate and reasonable precautions to protect personal data from loss, unauthorized modification or unauthorized access by third parties. If you provide us with personal data via a third party (e.g. via your employees or other contact persons), it is up to you to inform them in a general manner about the processing by legal service providers (such as us) or other external service providers (e.g. in a data protection declaration for employees).

9. External services

We would like to point out that we use external IT service providers and cloud providers with servers in Switzerland to manage our mandate. We then use certain IT services and means of communication that may be associated with data security risks (e.g. e-mail, video conferencing). It is your responsibility to inform us if you require special security measures.

10. Processing interest

We have a legitimate interest in the processing of personal data corresponding to the purposes mentioned. Some processing is also necessary so that we can fulfill our contractual obligations towards you or our legal obligations (e.g. retention obligations).

11. Attorney-client privilege

The attorney-client privilege remains unaffected. Insofar as data is concerned that is subject to attorney-client privilege, it will only be passed on to third parties in consultation with you.

12. Your rights

In particular, data subjects have the right to information about the personal data stored about them and the purpose of data processing, the right to rectification and erasure or restriction of processing of their personal data, the right to object to processing, the right to seek a judicial remedy from a competent supervisory authority and the right to data portability/transferability. Please note, however, that conditions and exceptions apply to these rights. To the extent permitted or required by law, we may refuse requests to exercise these rights. For example, we may or must retain or otherwise continue to process the personal data despite a request to erase the personal data or restrict processing for legal reasons. If you are in the EEA, you also have the right to lodge a complaint with the data protection supervisory authority in your country. You can find a list of authorities in the EEA here: https://edpb.europa.eu/about-edpb/board/members_de.

13. No consent

No consent is required from the client, its employees or other contact persons to the data protection declaration. The data protection declaration merely provides information about the type, scope and purpose of the use of personal data by AGON Partners Legal AG. AGON Partners Legal AG reserves the right to unilaterally change the content of the aforementioned privacy policy at any time. We would inform you accordingly of any changes.

14. DSGVO

Should the EU General Data Protection Regulation (GDPR) exceptionally apply to certain data processing, the following also applies exclusively for the purposes of the GDPR and the data processing subject to it. We base the processing of your personal data in particular on the fact that:


a. ) it is necessary for the initiation and conclusion of contracts and their administration and enforcement (Art. 6 para. 1 lit. b GDPR;

b. ) it is necessary for the purposes of the legitimate interests pursued by us or by third parties, namely for communication with you or third parties, to operate our website, to improve our electronic offers and registration for certain offers and services, for security purposes, for compliance with Swiss law and internal regulations for our risk management and corporate governance and for other purposes such as training and education, administration, evidence and quality assurance, organization, implementation and follow-up of events and to safeguard other legitimate interests (Art. 6 para. 1 lit. f GDPR);

c. ) it is required or permitted by law on the basis of our mandate or our position under the law of the EEA or a member state (Art. 6 para. 1 lit. c GDPR);

d. ) you have consented to the processing separately, e.g. via a corresponding declaration on our website (Art. 6 para. 1 lit. a and Art. 9 para. 2 lit. a GDPR).

15. Contact

If you have any questions or if you or your employees or other contact persons wish to exercise your or their rights as data subjects under data protection law, please contact us via info@kmu-stiftung.ch