The Provider of WAGILE.pro knows that it is important to handle any personal or company information, especially those provided to WAGILE.pro, my.WAGILE.pro or in relation to any other Service provided to you by us, in a careful and conscientious manner.
1. The Provider
“Provider” means Eberhardt & Partner SARL, legally registered in Grand-Rue 34, 1436 Treycovagnes, Switzerland as the owner of WAGILE, WAGILE.pro and the provider of the Service as a Software as a Service my.WAGILE.pro – either provided as a Cloud version or as an on-premise version.
“Customer” means the individual or the legal entity entering in an agreement with the Provider. Alternatively, “you” could be used. Even if “you” only visit our Website and you provide any data to us in whatever way, this DDP shall be in force. With the submission of any data, the data is considered as your data you agree and accept the DDP and any other terms and conditions which could be applicable at this moment in time.
2.1. Without Login – When Visiting WAGILE.PRO
On our website, it is possible to submit personal data to the Provider using forms, participate in surveys or competitions, chat with us or contact us via social media. Next to this, if you visit our website without using our Service as defined in the MASTER SERVICE AGREEMENT and therefore outside the login-protected area, the web server technology used by the Provider automatically logs general technical visit information. This includes, among others, the IP address of the device used (anonymized), information about the browser type, the Internet service provider, and the operating system used.
2.2. Using the Service with Login – When Using the Service as a Cloud version
When using the Service – no matter if for free or for a fee – all data entered or submitted by the Customer during the registration process and when using the Service is also stored. This applies, in particular, when you register, place orders, upload data, fill out online forms, take part in surveys or competitions, correspond with us online or offline, or contact us via social media, blogs, or other interactive media.
In general, we collect the settings and your personal data (name, address, email address, phone number) required for the Service. Uploaded data related to any activities and additional information on which data we process for which purposes can be found in the Commissioned Processing Agreement.
By entering your data (e.g. during the registration), you consent to the processing, use, and disclosure of your personal data within the framework and scope of the purposes described in the DDP and Commissioned Processing Agreement.
When using the Service, company and/or personal data of the Customer are transmitted to the Provider. The Provider treats this data as its own data and with due care. The Provider ensures its security in accordance with the standards set out in this DDP. The Customer and User releases the Provider from any claims that may be raised by the Customer users or by the people whose data are stored by the Customer and declares its consent. The Customer further declares that it is solely responsible for informing its users and employees of the use of the Service, the possible storage, use, and processing of data by the Provider in accordance with the guidelines in the DDP. Should individual users or employees of the Customer not agree with the intended data processing, the Customer is responsible for accordingly deleting the respective data of its users and employees in the Providers cloud.
3. Electronic mailing and links to other websites
You can unsubscribe from electronic mailings at any time. In each mail, you will find a link to unsubscribe. In case you change your mind afterwards, you can subscribe again on our website.
It could be possible that the Provider has added hyperlinks to third party websites. These websites are not controlled or operated by the Provider and the Provider is not responsible for their content nor for their data policies or data protection practices. Responsibility for the content of external links (to web pages of third parties) lies solely with the operators of the linked pages. No violations were evident to us at the time of linking. Should any legal infringement become known to us, we will remove the respective link immediately.
The Provider uses Functional and Analytical Cookies on the website and within the Service.
Functional Cookies facilitate the visit to the Providers website and make it more efficient and enjoyable. Blocking of Cookies or deactivation of Cookies can be done via the browser security settings by the User. However, it could be possible that certain my.WAGILE.pro Services will be impacted by this decision and may not work as expected.
Analytical Cookies help the Provider understand the use of the website and Service to the purpose of improving the end experience.
The Provider uses Google Analytics to better understand the use of the website or the Service in general.
5. Use of reCAPTCHA
We use the reCAPTCHA service provided by Google Inc. (Google) to protect your submissions via internet submission forms on this site. This plugin checks if you are a person in order to prevent certain website functions from being (ab)used by spam bots (particularly comments). This plugin query includes the sending of the IP address and possibly other data required by Google for the Google reCAPTCHA service. For this purpose your input will be communicated to and used by Google. However, your IP address is previously truncated by Google within member states of the European Union or in other states which are party to the agreement on the European Economic Area and is, as such, anonymized. Only in exceptional cases is a full IP address transmitted to a Google server in the United States and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address provided by reCaptcha from your browser shall not be merged with any other data from Google.
By using the reCAPTCHA service, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
6. Social Media and Third-Party Offerings
If you decide to use or share data with social media or other third-party offerings, it is your sole responsibility and liability. Our website uses plug-ins from third-party social networks such as Facebook, Twitter, etc. and our digital services are networked with such third-party functions and systems in many ways, for example through integration. These third-parties may also be able to measure and evaluate your use of our digital, if you have a user account with these third-parties. It could be possible that these third-parties receive and store further personal data such as IP address, browser settings and other parameters in case they are transmitted. The Provider assumes no responsibility or liability for transmitted data and the provider has no control over the use of such personal data collected by third-parties. In all other respects, the Provider has no detailed knowledge of where it is transmitted to, what data is transmitted to these third-parties, and whether it is made anonymous.
7. Secure Customer Data
The Provider uses organizational and technical measures to protect data stored with us against illegal, unintentional, or unauthorized manipulation, modification, deletion, disclosure, access, or use, as well as against partial or complete loss. The measures are in accordance with the recognized market standards and which make economically reasonable sense.
The Provider servers are located at secure data centers in Germany and Switzerland.
256-bit SSL encryption ensures a safe connection to our servers.
Regular data back-ups are done to prevent loss of data. Nevertheless, it is the sole responsibility of the Customer to back-up its data by downloading the data from the Service on a regular basis or by storing the uploaded data on their own. The back-ups are encrypted and stored at several data centers in Germany and / or Switzerland at the same time in order to prevent data loss even in extreme cases (e.g., hard disk failures; full destruction of the data center by an earthquake or any other big impact). Our security measures are continuously improved and adapted in line with technological developments and possibilities as long as it makes economic sense. The Provider assumes no liability for the loss of data or for such data becoming known to and being used by third-parties. Furthermore, we cannot guarantee the security of data transmission over the Internet. In particular, access to the Service is protected by https but there is a risk of access by third parties when data is transmitted by email.
8. Processing of Data and the purpose of it
Collected data are processed in order to improve the Service continuously, to enable your use of the Service, to give you access to our Service, our products or information or to maintain our relationship with you. Next to this, the Provider processes the collected data to monitor the Service, improve the performance of the Service, to prevent, detect or clarify non-authorized or illegal activities and to provide you with information, advertisement or marketing information about the Service or other products that the provider believes could be of interest to the Customer based on the data.
For the above above-mentioned purposes, it is possible that the data may also be passed onto selected third-party companies, partner companies and service providers, institutes and/or legally authorized state authorities in Switzerland and abroad for processing and storage within the scope mentioned above. If the processing or storage of personal information takes place in countries that do not guarantee adequate data protection in comparison to EU General Data Protection Regulation (GDPR) and Swiss data protection law, the Provides requires the commissioned processor to fully comply with the relevant provisions of the EU General Data Protection Regulation (GDPR) under contractual obligation.
The Provider makes sure that each of the aforementioned services and processes is carried out by service providers that are commissioned in compliance with data protection regulations and are based within the EU or in Switzerland. These are mainly IT service providers like payment & payment processing providers (incl. credit card companies, issuer, acquirer), billing providers, printing service providers, collection agencies, consulting providers, as well as sales and marketing, and service providers that we use in the context of commissioned processing relationships.
9. Duration of data storage
In case of the use of our my.WAGILE.pro Service, the provider stores and processes your data for the duration of the Agreement. It could be possible that the obligation to store data lasts for several years, in any case, it is only the last back-up of data that is stored. In case the User deletes or modifies the data, the Provider has no responsibility or obligation anymore to keep the related data in form of a back-up. Back-ups are performed regularly and are stored for the duration of the Agreement but only until the next back up. At the end of the Agreement, the Provider provides the Customer a file with all data in its responsibility. The latest back-up of data will be deleted accordingly with the exception for legal obligations as follows:
- Swiss regulations: Obligation to keep certain data for a period of 10 years depending on the nature of the data (e.g. financial data) for the fulfillment of retention obligations under commercial and tax law, and other retention obligations in Switzerland: In particular, related to Swiss Code of Obligations, 958f but special laws may also impose longer time periods.
- German regulations: Obligation to keep certain data for a period of 2 to 10 years depending on the nature of the data for the fulfillment of retention obligations under commercial and tax law, and other retention obligations in Germany: In particular, related to the German Commercial Code and the German Tax Code.
- Other countries regulations: For other countries the Provider limits the obligation to keep data to a max. period of 10 years for the fulfillment of retention obligations under commercial and tax law, and other retention obligations in other countries. In case a longer period is needed, the Customer must inform the Provider accordingly at least one year before the final deletion after ten years and request a copy of the stored data.
10. GDPR rights
Even if the Provider is based in Switzerland, the Provider grants you the following rights concerning GDPR and in respect to your personal data: Article 15 of the GDPR – the right to information, Article 16 of the GDPR – the right to correction, Article 17 of the GDPR – the right to cancellation, Article 18 of the GDPR – the right to restrict processing, Article 20 of the GDPR – the right to data portability, and Article 21 of the GDPR – the right of objection.
The rights mentioned above are subject to any restrictions of the GDPR as well as the applicable national data protection laws or other national laws.
With entering in the Agreement to use our Services you provide your consent in connection with the Service. Alternatively, you can agree by selecting the corresponding checkbox to confirm that the Provider may collect, process, use, and transmit your personal data accordingly.
Of course, you may revoke your consent at any time. This will not affect the legality of the processing carried out on the basis of the consent until revocation. In case you are a User of a Customer, you shall inform your internal account administrator / contact person for the Service to remove your personal data from the Service. To revoke your consent as a Customer or as a User, please send an email to email@example.com with the subject “REVOCATION OF CONSENT GDPR” with the necessary information to be able to remove your data. Please note that some of the services and features will no longer be available to you afterwards.
11. Applicable laws
11.1. Swiss based customers and visitors of the website
For Swiss based customers and visitors of the Website, the Swiss law applies. This means, that the Swiss Federal Data Protection Act and the corresponding Regulations to the Swiss Federal Data Protection Act apply. The General Data Protection Regulation of the EU (GDPR) does not apply unless it has been expressly provided in the Data Policy for specific cases.
11.2. EU based customers and visitors of the website
Next to the Swiss law, additional regulations apply for EU based customers and visitors of the Website. These additional regulations are the Regulation (EU) 2016/679 on the protection and processing of personal data of individuals, on the transmission of such data and on the repeal of Directive 95/46/EC (GDPR – General Data Protection Regulation). See also the next section 11.
The following provisions are not applicable to Swiss based customers, they only apply to customers from the EU area:
Processing – Legal Basis
The subject matter of the Agreement are the Services mentioned above or in the Master Service Agreement. The processing of your data for the purposes mentioned in Section 7 takes place for the fulfillment of the Agreement and in accordance with Article 6(1)(b) of the GDPR.
To protect the legitimate interests of the Provider (Article 6(1)(f) of the GDPR), your data will be processed as described above. These are to identify, recognize, prevent, or clear up any illegal activities as well as the improvement of our services (including delivery of direct mail advertising) in order to monitor and improve the performance of the offering.
On top of this, the data, this includes, in particular, your personal master data, is processed in accordance with Article 6(1)(c) of the GDPR for the fulfillment of legal obligations (e.g. documentation and retention requirements).
You may request that the Provider no longer processes your personal data for certain individual purposes (opt out) if you believe that one or more of the purposes mentioned in Section 7 is not covered by the legal bases mentioned above. The opting out does not prevent you from continuing to use the Service of the Provider as such use does not necessarily require the corresponding data processing. To opt out, you can send the request in writing to the firstname.lastname@example.org with the subject “OPT OUT GDPR” and the necessary information to fulfill your request.
Right of Appeal
You still have the possibility to use Article 77 of the GDPR. Of course, we would be happy to answer your questions and treat your complaint in advance. Please contact us via email at email@example.com with the subject “COMPLAINT GDPR” and the necessary information to fulfill your request.
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