Last update: July 1th, 2024
This Privacy Policy aims to inform users of the Website available at https://www.tradamarca.com/ (hereafter the “Website”), operated by Tradamarca SA, a limited company organised under the laws of Switzerland, having its registered office at Avenue du Prieuré 8, 1009 Pully, Switzerland, (VAT number CHE-101.665.177) (hereafter « Tradamarca »), of Tradamarca’s practices regarding the collection, use and disclosure of personal data concerning them, obtained via the Website.
Tradamarca acts as a data controller for all the personal data processing below-mentioned.
By browsing and using the Website and its services, the user accepts that Tradamarca collects, uses and discloses his/her personal data under the terms and conditions defined in this Privacy Policy. If the user does not accept the terms of the Privacy Policy, he/she is not authorized to use the Website.
1. DEFINITIONS
The following terms shall have the following meanings:
FADP: means the Federal Act on Data Protection of 25 September 2020.
Personal Data: means the Users’ personal data as defined by the FADP.
Services: means any service, in whole or in part, offered by the Website and available exclusively to Users.
User: means any person who accesses and uses the Website.
2. PROCESSED PERSONAL DATA
Tradamarca collects Users’ Personal Data directly from them. These data include:
Declarative Personal Data:
This is the Personal Data the User communicates to Tradamarca when exchanging with Tradamarca, in particular when contacting Tradamarca via the "Contact" tab on the Website.
Personal Data generated by the User's activity:
This is Personal Data collected automatically as part of the User's browsing and use of the Website. During use of the Website, certain Personal Data may be collected automatically, such as the IP address of the User's computer or information relating to the User's computer or mode of connection.
Among the technologies used to collect this data, Tradamarca uses, in particular, cookies, in accordance with the Cookies Policy.
Tradamarca undertakes to its Users to collect and process only the Personal Data necessary to the Services.
3. LEGAL BASES AND PURPOSES OF PROCESSING OF USERS’ PERSONAL DATA
Tradamarca implements various processing operations whose legal bases may be as follows: the User's consent, the performance of Tradamarca’s contractual obligations, the performance of its legal and regulatory obligations, and its legitimate interest.
The purposes associated with each legal basis are listed below:
Based on the User's consent:
- The management of requests for information and contact from the Users via the contact form;
- The management of cookies based on the User's consent.
Based on the performance of the User's contract: None
Based on compliance with legal and regulatory obligations:
- The management of requests to exercise rights, particularly with regard to rights relating to the protection of Users' Personal Data;
- The management of dealings with supervisory authorities, judicial authorities or any other authorized authority;
On the basis of Tradamarca's legitimate interests:
- The management of technical (non-consent based) cookies.
- The incident management and quality monitoring;
- The Website traffic analysis;
- The improvement of the performance of the Website and the Services offered by Tradamarca.
If Tradamarca processes User’s Personal Data for purposes other than those listed above, it will inform the User and take any additional steps that may be necessary.
4. PERSONAL DATA RETENTION PERIODS
Users' Personal Data is not retained beyond the period strictly necessary for the purposes set out above, in accordance with applicable data protection regulations. Personal Data is permanently deleted at the end of the retention periods.
More specifically, Tradamarca organizes its data retention policy as follows
Purposes |
Retention periods |
|
Active basis |
Intermediate archives |
|
The management of requests for information and contact from the Users via the contact form |
Data is kept for the time required to process the request. |
Data is kept for two (2) years from the last contact. |
The management of cookies based on the User's consent |
Data is kept for a maximum of thirty-three (33) days. |
Data is not kept for longer than thirty-three (33) days. |
The management of requests to exercise rights, particularly with regard to rights relating to the protection of Users' Personal Data |
The data is kept for the time required to process the request. |
Data is kept for a period ranging from one (1) year to one (1) year plus the duration of the legal statute of limitations. |
The management of technical (non-consent based) cookies |
Data is kept for the duration necessary to achieve the purpose of each cookie (please refer to the Cookie Policy) |
Please refer to the Cookie Policy |
The management of dealings with supervisory authorities, judicial authorities or any other authorized authority |
Data is kept for the duration of exchanges with the aforementioned authorities. |
Data is kept until the legal statute of limitations has expired. In the event of litigation, data is kept for the duration of the proceedings and until the expiry of ordinary and extraordinary remedies. |
The incident management and quality monitoring |
Data is kept for the duration of the incident management or quality monitoring process. |
Data is kept for two (2) years after the end of the incident or quality follow-up. |
The Website traffic analysis |
Data is kept for twelve (12) months. |
Data is not kept beyond twelve (12) months. |
The improvement of the performance of the Website and the Services offered by Tradamarca |
Data is kept for twelve (12) months. |
Data is not kept beyond twelve (12) months. |
5. DATA RECIPIENTS
Tradamarca is particularly concerned with respecting the confidentiality of its Users' Personal Data, and only communicates such Personal Data to recipients authorized and determined to meet the aforementioned purposes. Tradamarca ensures that these recipients offer its Users' Personal Data a level of protection at least equal to that which it implements itself.
These recipients are themselves subject to a strict obligation of confidentiality.
The said recipients of Users' Personal Data are, as the case may be, the following:
- Tradamarca's authorized internal departments, in particular IT and administrative staff;
- Tradamarca's service providers and subcontractors (technical service providers, service providers for Site hosting, administrative service providers), subject to the same obligation of confidentiality; and/or
- Compliance auditors.
6. PERSONAL DATA SECURITY
Tradamarca is particularly concerned about Personal Data security.
Tradamarca has implemented technical and organisational measures appropriate to the sensitivity of the Personal Data, with a view to ensuring the integrity and confidentiality of the data and protecting it against malicious intrusion, loss, alteration or disclosure to unauthorised parties.
Tradamarca undertakes to take appropriate organisational, technical and physical security measures, necessary to protect its activities and maintain the Users’ Personal Data security against any unauthorized access, modification alteration, disclosure, destruction or loss of the Personal Data it processes.
7. INTERNATIONAL DATA TRANSFERS
Users’ Personal Data is stored in Switzerland.
It is possible that Users' Personal Data may be transferred to other countries (such as the European Union or the United States), when shared with potential partners and/or subcontractors. Tradamarca only transfers Users' Personal Data when this is strictly necessary for the purposes for which it is to be used, and only to third-party service providers offering conditions for the protection of said Personal Data that are at least equal to those applied by Tradamarca itself.
8. COOKIES
Tradamarca uses technologies to collect Users’ data. Among these technologies, Tradamarca uses cookies, in accordance with its Cookies Policy.
9. USERS’ RIGHTS AND EXERCISE CONDITIONS
In accordance with Swiss national laws and regulations such as the Data Protection Act, Users have the following rights with regard to their Personal Data processed by Tradamarca:
- Right of information;
- Right of access to Personal Data;
- Right to rectification and right to erasure when data is inaccurate, incomplete or outdated or when the processing, the use, the disclosure or the retention is forbidden;
- Right to restriction of processing when accuracy of data is challenged, processing is unlawful, data is no longer required for processing or when User has objected the processing;
- Right to data portability;
- Right to define directives concerning the fate of data post-mortem.
Users may request to exercise their right to object to the processing of their Personal Data on grounds relating to their particular situation where the processing is based on the legitimate interests of Tradamarca. This right to object also applies to profiling.
If the User exercises such a right to object, Tradamarca will cease the processing except where there are compelling legitimate grounds for the processing which override the User’s interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Users may also object to any processing related to prospection without the need to invoke reasons relating to their particular situation.
Users’ rights exercise
Users may exercise their rights by contacting Tradamarca's Data Protection Officer by e-mail at the following address: info@tradamarca.com
Or by post at
Tradamarca SA
Avenue du Prieuré 8
1009 Pully
Switzerland
Any request relating to the exercise of one of these rights must be accompanied by proof of the applicant's identity by any means. If there is any doubt as to the identity of the applicant, he/she may be asked to provide additional information, including proof of identity.
Users’ consent withdrawal
When processing is based on the User’s consent, he/she may withdraw it at any time, such withdrawal not rendering unlawful the processing carried out up to the time of such withdrawal.
Lodging of a complaint
If, after contacting Tradamarca, the User feels that his/her rights with regard to his/her Personal Data have not been respected, the User may lodge a complaint to the relevant competent authority.
10. PRIVACY POLICY UPDATE
Tradamarca may amend this Privacy Policy from time to time, in particular as a result of legal and regulatory developments and doctrine. Users are advised to consult this page regularly for any changes or updates to this Privacy Policy.
11. CONTACT
For any questions relating to this Privacy Policy or for any requests relating to Personal Data, the User may contact Tradamarca's Privacy Officer by e-mail at info@tradamarca.com
Or by post at :
Tradamarca SA
Avenue du Prieuré 8
1009 Pully
Switzerland