1. INTRODUCTION
NOUMENA Digital AG (“we”, “us,” or “our”) believes that protecting the security and privacy of your personal data is important. This Privacy Policy explains how we collect, store, use, disclose, and transfer (hereinafter “process”) your personal data. The personal data that we collect about you depends on the context of your interactions with us, the products, services, and features that you use, your location, and applicable law.
Our external and internal websites, products, or online services are not intended for individuals to use in their personal, family, or household capacity. Accordingly, we treat all personal information we collect through the website as pertaining to individuals in their business capacity, and not their personal capacity.”
CONTACT DETAILS
If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the details set out below.
NOUMENA DIGITAL AG
Oberdorfstrasse 9
CH-6340 Baar
Telephone: +41 (0) 41 541 08 42
Email: info@noumenadigital.com
Information on the data security officer:
Sandy McPherson
Phone number: +41 (0) 41 541 08 42
E-mail address: sandy@noumenadigital.com
LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA
Noumena’s privacy policy is in accordance with the European Union’s General Data Protection Regulation (GDPR) and Swiss Federal Act on Data Protection (FADP). Noumena Digital AG may collect and process your data on accordance with the applicable laws.
Further details on how the data is processed are shown below.
2. WHAT INFORMATION WE COLLECT AND HOW WE USE IT
PROCESSING OF PERSONAL DATA RELATED TO YOUR USE OF OUR WEBSITES, APPLICATIONS AND ONLINE SERVICES
When visiting our external and internal websites or using our products or related services (each an “Online Service”), we may process the following categories of personal data:
- Your identity data, such as your full name (identity data);
- Contact information, such as work address, work telephone number, job position, work mobile phone number and work email address (contact data);
- Usage data on how you use our website, products and services (usage data); and
- Information on your interaction with the Online Service, including your device and user identifier, information on your operating system, internet protocol (IP) address, login data, browser type and version, time zone settings and location, browser plug-in types and versions, operating system and platform, sites, services accessed during your visit, the date and time of each visitor request (technical data).
We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses. Your organization may process Special Category Personal Data about you using the Online Services; your organization is responsible for this processing activity.
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you contact us, and personal data that you share when you use our Online Services.
Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
| Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest |
| To provide the Online Service’s services and functions which include creating and administering your online account, updating, securing, and troubleshooting, providing support, as well as improving and developing our Online Services; to verify your identity; to answer and fulfill your requests or instructions; to process your order | (a) Identity (b) Contact | Performance of a contract with you |
| To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave feedback on or suggest changes to our services | (a) Identity (b) Contact (c) Profile (d) Marketing and Communications | (a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) |
| To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | (a) Identity (b) Contact (c) Technical | (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise) (b) Necessary to comply with a legal obligation |
| To use data analytics to improve our website, products/services, customer relationships and experiences | (a) Technical (b) Usage | Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) |
We may also process your personal data for the following purposes:
- To provide you with access to specific information or offers;
- To contact you with information and offers concerning our products and services, to send you further marketing information or to contact you in the context of customer satisfaction surveys; and
- As reasonably necessary to enforce the Online Service’s terms, to establish or preserve a legal claim or defense, to prevent fraud or other illegal activities, including attacks on our information technology systems.
Our Online Services may be provided to you for your use by the organization to which you belong, such as our enterprise customers. If your organization provides you with access to an Online Service, our processing of personal data provided by or collected from you or your organization in connection with the Online Service’s content is performed under the direction of your organization and is subject to a data processing agreement between your organization and us. In such instances, your organization is responsible for any personal data contained in such content and you should direct any questions about how personal data contained in such content is used to your organization.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences, by following the opt-out links on any marketing message sent to you or by contacting us at any time.
PROCESSING OF PERSONAL DATA RELATED TO YOUR BUSINESS RELATIONSHIP WITH US
In the context of the business relationship with us, we may process the following categories of personal data of consumers and contact persons at (prospective) customers, suppliers, vendors and partners (each a “Business Partner”):
- Your identity data, such as full name;
- Contact information, such as address, telephone number, mobile phone number and email address;
- Organizational information, including job position and company name;
- Payment data, such as data necessary for processing payments and fraud prevention, including credit/debit card numbers, security code numbers and other related billing information;
- Further information necessarily processed in a project or contractual relationship with us or voluntarily provided by the Business Partner, such as personal data relating to orders placed, payments made, requests, and project milestones;
- Personal data collected from publicly available resources (including business and employment-oriented social networks and websites), integrity data bases and credit agencies; and
- Information that is legally required for Business Partner compliance screenings or export control checks, such as date of birth, nationality, place of residence, ID numbers, identity cards, and information about relevant and significant litigation or other legal proceedings against Business Partners.
We may process the personal data for the following purposes:
- Communicating with Business Partners about our products, services, and projects, e.g. by responding to inquiries or requests or providing you with information about purchased products;
- Planning, performing, and managing the (contractual) relationship with Business Partners; e.g. by performing transactions and orders of products or services, processing payments, performing accounting, auditing, billing and collection activities, arranging shipments and deliveries, facilitating repairs and providing support services;
- To create a personal profile containing business-related information on interactions between you and us with the aim of being able to offer you and the company you work for relevant information and suitable offers for our services and products and to improve our personal communication with you;
- Administrating and performing market analysis, sweepstakes, contests, or other customer activities or events;
- Contacting you with information and offers concerning our products and services, sending you further marketing messages, and conducting customer satisfaction surveys;
- Maintaining and protecting the security of our products, services, and websites, preventing and detecting security threats, fraud, or other criminal or malicious activities;
- Ensuring compliance with legal obligations (such as record-keeping obligations), export control and customs, Business Partner compliance screening obligations (to prevent white-collar or money laundering crimes), and our policies or industry standards; and
- Solving disputes, enforcing our contractual agreements and establishing, exercising, or defending legal claims.
PROCESSING OF PERSONAL DATA RELATED TO YOUR JOB APPLICATION
We collect the information that you provide to us in connection with your job application. This includes business and personal contact information, professional credentials and skills, educational and work history, and other information that may be included in a resume. We use this information to facilitate our recruitment activities and process employment applications, such as by evaluating a job candidate for an employment activity and monitoring recruitment statistics.
PROCESSING OF PERSONAL DATA FOR CUSTOMER SATISFACTION SURVEYS AND FOR DIRECT MARKETING
Where and as permitted under applicable law, we may process your contact information for direct marketing purposes (e.g. trade show invitations, newsletters with further information and offers concerning our products and services) and to carry out customer satisfaction surveys, in each case also by e-mail. You may object to the processing by using the opt-out mechanism provided in the respective communication you received.
3. TRANSFER AND DISCLOSURE OF PERSONAL DATA
We only transfer your personal data as described below:
- Service Providers
We employ affiliates and other companies to perform functions on our behalf, such as IT-services, payment processing services and professional advisors. These affiliates and other companies process personal data only for the purpose of such services.
- Other third parties
We may transfer personal data to other third parties in connection with complying with legal obligations or establishing, exercising or defending rights or claims (e.g., for court and arbitration proceedings, to regulators, law enforcement and government authorities, to attorneys and consultants), or in connection with a sale of all or part of our business or assets. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
The recipients of your personal data may be located outside of the country in which you reside.
Whenever we transfer your personal data out of Switzerland (our country of domicile), we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
- Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in Switzerland.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of Switzerland.
Personal data published by you on Online Services (such as chat rooms or forums) may be globally accessible to other registered users of the respective Online Service.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
4. RETENTION PERIODS
Unless indicated otherwise at the time of the collection of your personal data (e.g. within a form completed by you), we erase your personal data if the retention of that personal data is no longer necessary for the purposes for which they were collected or otherwise processed, or to comply with legal obligations (such as retention obligations under tax or commercial laws).
5. SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
6. LINKS TO OTHER WEBSITES
Our website may contain links to other websites run by other organizations. This Privacy Policy applies only to our website‚ so we encourage you to read the privacy statements on the other websites you visit. We cannot be responsible for the privacy policies and practices of other sites even if you access them using links from our website.
In addition, if you linked to our website from a third-party site, we cannot be responsible for the privacy policies and practices of the owners and operators of that third-party site and recommend that you check the statement of that third-party site.
7. USE OF GOOGLE ANALYTICS
This website uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze your use of the website.
The information generated by the cookie about your use of this website will generally be transmitted to and stored by Google on servers in the United States. However, due to the activation of IP anonymization on these websites, your IP address will be shortened by Google in advance within Member States of the European Union or in other Contracting States to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to and truncated by Google on servers in the United States. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services to website operators relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this you may not be able to use the full functionality of this website.
In addition, you can prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and Google from processing this data by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
We would like to point out that on this website Google Analytics has been extended by the code “gat._anonymizeIp();” in order to guarantee an anonymous collection of IP addresses (so-called IP masking).
Use of Google Maps
This website uses Google Maps API to visually display geographic information. When Google Maps is used, Google also collects, processes and uses data relating to the use of map functions by visitors. For more information about data processing by Google, please refer to Google’s privacy policy. There you can also change your personal data protection settings in the data protection center.
Embedded YouTube videos
On some of our websites we embed Youtube videos. Operator of the corresponding plugins is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. When you visit a page with the YouTube plugin, a connection to Youtube servers is established. This will tell Youtube which pages you are visiting. If you are logged in to your Youtube account, Youtube can personally assign your surfing behavior to you. You can prevent this by logging out of your Youtube account beforehand.
If a Youtube video is started, the provider uses cookies which collect information about the user behavior.
If you have deactivated the saving of cookies for the Google Ad program, you will not have to reckon with such cookies when watching Youtube videos. However, Youtube also stores non-personal usage information in other cookies. If you wish to prevent this, you must block the storage of cookies in your browser.
Further information on data protection at “Youtube” can be found in the provider’s data protection declaration at: https://www.google.de/intl/de/policies/privacy/.
8. MINORS
We do not intentionally collect or solicit data relating to anyone under the age of 16. If we learn that we have the personal data of a minor under 16, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a minor under 16, please contact us info@noumenadigital.com.
9. CHANGES TO OUR DATA PROTECTION REGULATIONS
We keep our privacy policy under review. We reserve the right to amend this data protection declaration from time to time so that it always complies with current legal requirements or in order to implement changes to our services in the data protection declaration, e.g. when introducing new services. Your renewed visit will then be subject to the new data protection declaration.
10. YOUR LEGAL RIGHTS
By submitting or providing to us your personal data, you consent to the use of that information as set out in this Privacy Policy.
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
If you want us to establish the data’s accuracy.
Where our use of the data is unlawful but you do not want us to erase it.
Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.