Privacy Notice – Constructible Sàrl

1. 1.What is this Privacy Notice about? 

This Privacy Notice explains how we process personal data, primarily in relation with our business and with our website. If you would like more information about our data processing, please feel free to contact us (sec. 2).

1. 2.Who is responsible for processing your data? 

For the data processing, the following company is the «controller», i.e., the party that is primarily responsible to ensure compliance with data protection laws (also «we»):

Constructible Sàrl
c/o Walder Wyss SA,
Avenue du Théâtre 1
1005 Lausanne

If you have any questions regarding data protection, please feel free to contact us at the following address:

info@constructible.net

You may provide us with data that relates to other individuals as well. In this case, we understand that this data is correct and that you act within your rights when sharing it with us. We may not be in direct contact with these individuals and cannot inform them directly about our data processing, but we ask that you to inform these individuals about our data processing (e.g., by pointing them to this Privacy Notice).

1. 3.How do we process data in relation with our products and services? 

When you use our products and services (collectively «services»), we process data for onboarding of conclusion of a service agreement and for its performance and management:

• ——We may advertise our services, e.g., through newsletters. More details are set out in sec. 4. 

• ——If we are in contact with you in view of an agreement, we process data, for example if you submit your information through the registering form when creating a Constructible account. This is mostly data you provide to us, e.g., your name, contact details or date of birth, details of services requested and the date of agreement. 

• ——If we enter into an agreement with you, we process the data from the onboarding and information on the agreement (e.g. the date and the content of the agreement).  

• ——We also process personal data during and after the agreement. Examples are information on the purchase of services, payments, contacts with customer service, claims, complaints, access data and logins, data on the termination of the agreement and – if there ever should be disputes in relation with the agreement – also on these and related proceedings. Without these data processing operations, we would not be able to perform agreements. 

• ——We also process the data set out above for statistical purposes. These statistics support the improvement and development of products and business strategy generally. We may also use them on a personally identifiable basis for marketing purposes; for more information, please see sec. 4. 

For partners who are companies, we process less personal data because data protection law applies to data of individuals only. However, we process data of individuals with whom we are in contact, e.g. name, contact details, professional details and details from communication, and details about management persons, etc. as part of the general information about companies with which we cooperate.

1. 4.How do we process data in relation with advertising? 

We also process personal data in order to advertise our services:

• ——Newsletter: We send out electronic information and newsletters, which may include advertising for our services. We will ask for your consent before sending out electronic marketing, except for certain offers to existing customers. 

• ——Market research: We also process data to improve and develop new services, e.g., information about purchases made or reactions to newsletters or information from customer surveys and polls or from social media, media monitoring services and public sources. 

1. 5.How do we work with service providers? 

We use services from various third parties, especially IT services (examples are providers of hosting or data analysis services), services from banks, consultants, etc. In relation with service providers for our website, please see sec. 7.

1. 6.Can we disclose data abroad? 

The recipients of data are not all located in Switzerland, in particular certain service providers (especially in IT). These providers may have locations within the EU or the EEA, but also in other countries worldwide. We may also share data with authorities abroad if we are legally compelled to do so or, for example in relation with a sale of assets or with legal proceedings (see sec. 8). Not all of these countries have adequate data protection. We therefore use appropriate safeguards, in particular the EU standard contractual clauses, which can be found here. In certain cases, we may share data abroad without such safeguards, as permitted under applicable data protection law, e.g., with your consent or where the disclosure is necessary for the performance of the contract, for the establishment, exercise or enforcement of legal claims or for overriding public interests.

1. 7.How do we process data in relation with our website? 

For technical reasons, every time you use our website, some data is collected that is temporarily stored in log files (log data), in particular the IP address of the device, information about the internet service provider and the operating system of your device, information about the referring URL, information about the browser used, date and time of access, and content accessed when visiting the website. We use this data to provide our website, to ensure security and stability, to optimize our website and for statistical purposes.

Our website also uses cookies. These are small files that your browser saves on your device. This allows us to separate individual visitors from others, but usually without identifying visitors. Cookies may also include information about content accessed and the duration of the visit. Certain cookies («session cookies») are deleted when the browser is closed. Others («persistent cookies») are stored for a certain period of time so that we can recognize recurring visitors.

You can configure your browser in the settings so that it blocks certain cookies or deletes cookies and other stored data. You can find out more about this in the help pages of your browser (usually under the keyword «Privacy»).

Other third parties generally process personal and other data in a similar way.

1. 8.Are there other processing purposes? 

Yes. Typical (though not necessarily frequent) cases are as follows:

• ——Communication: When we are in contact with you (e.g. when you communicate with us via customer.service@constructible.net, we process the content as well as information about the nature, timing and location of the communication. For your identification, we may also process information about proof of identity. 

• ——Compliance with legal requirements: We may disclose information to authorities as required by law or in order to comply with internal regulations.  

• ——Prevention: We process data to prevent crime and other misuse, for example fraud prevention or for internal investigations. 

• ——Legal proceedings: Where we are involved in legal proceedings (e.g. court or administrative proceedings), we process data such as information about other parties to the proceedings and individuals involved such as witnesses and disclose data to such parties, courts, and authorities, possibly also abroad.   

• ——IT security: We also process data for monitoring, controlling, analyzing, securing, and assessing our IT infrastructure, as well as for backups and archives. 

• ——Competition: We process data about our competitors and the market environment in general (e.g. the political situation, the association landscape, etc.). We may also process data about key persons, such as their name, contact details, role or function and public statements.  

• ——Transactions: If we sell or acquire assets, business units or companies, we process data to prepare and execute transactions, e.g. information about customers or their contact persons or employees, and we may also disclose such information to potential buyers or sellers.  

• ——Other purposes: We process data to the extent necessary for other purposes such as training and education, administration (e.g. contract management, accounting, enforcement and defense of claims, evaluation and improvement of internal processes, preparation of anonymous statistics and evaluations; acquisition or disposal of receivables, businesses, parts of businesses or companies and safeguarding other legitimate interests. 

1. 9.How long do we process personal data? 

We process your personal data as long as it is necessary for the purpose of processing (in the case of contracts, usually for the duration of the contractual relationship), as long as we have a legitimate interest in storing it (e.g. if in order to enforce legal claims, for archiving and or to ensure IT security) and as long as data is subject to a statutory retention obligation (for certain data, for example, a ten-year retention period applies). After these periods have expired, we delete or anonymize your personal data.

1. 10.What are your rights? 

You have certain rights, subject to conditions and restrictions under applicable law:

• ——You can request a copy of your personal data and further information about our data processing;  

• ——You can object to our data processing;  

• ——You can have incorrect or incomplete personal data corrected or completed or supplemented by a note of dispute; 

• ——You also have the right to receive the personal data that you have provided to us in a structured, common and machine-readable format, insofar as the corresponding data processing is based on your consent or is necessary for the performance of the contract; 

• ——Insofar as we process data on the basis of your consent, you can revoke your consent at any time. The revocation is only valid for the future and we reserve the right to continue to process data based on another basis in the event of a revocation.  

If you wish to exercise such a right, please feel free to contact us (sec. 2). As a rule, we will have to verify your identity (e.g. by means of a copy of your ID card). You are also free to file a complaint against our processing of your data with the competent supervisory authority, in Switzerland the Federal Data Protection and Information Commissioner (FDPIC).

1Link to https://support.google.com/analytics/answer/6004245.

2Link to https://policies.google.com/technologies/partner-sites?hl=de.