PRIVACY POLICY

Introduction

This Privacy Policy explains our practices regarding the collection, use and disclosure of your information through your use of our digital assets (web services) when you access these services via the Internet and your devices.

Please read the Privacy Policy carefully and make sure you understand our practices regarding your information before using our Services. If you have read this policy and do not agree with our practices, you must stop using our digital assets and services. By using our services, you agree to the terms of this Privacy Policy.

This privacy policy is designed to meet the requirements of the Swiss Data Protection Act ("DSG") and the revised Swiss Data Protection Act ("revDSG") and is based on legal text templates from WIX.com and "DSAT.ch". It is not an exhaustive description. This website was created on the platform of WIX.com. The use of the website is therefore also subject to their data protection guidelines and terms of use.

In this privacy policy you will learn:

The person responsible with us for data processing.
What data we collect and process
The purposes of data processing and the legal basis
Obligation to provide personal data
How long personal data is kept
Data security
Rights of the data subject
Updates or amendments to the Data Protection Policy

1. Person responsible for data processing

The person responsible for the data processing we describe here is Simone Giesen. If you have any data protection concerns, you can send them to us at the following contact address Pond LLC, Blümlisalpstr. 44, CH-8006 Zurich, gabriele@pond.ch.

2. What data we collect and process

The following is an overview of the data we may collect:

Non-identified and non-identifiable information that you provide during the registration process or that is collected through the use of our services ("Non-Personal Data"). Non-Personal Information does not identify who it was collected from. Non-Personal Information that we collect consists primarily of technical and aggregate usage information.

Individually identifiable information, which is any information that can be used to identify you or could be used to identify you with reasonable effort ("personal data"). Personally identifiable information we collect through our Services includes voluntarily submitted information such as names, email addresses, addresses, phone numbers and more. When we combine personal data with non-personal data, we will treat it as personal data as long as it is in combination.

We collect data in connection with the use of the website when necessary (e.g. IP address, MAC address of the smartphone or computer, details of your device and settings, cookies, date and time of visit, pages and content accessed, functions used, referring website, location details).

We primarily process personal data that we collect in the course of our business activities and the operation of our websites and apps, or that are communicated and transmitted to us by the users themselves. All personal data voluntarily provided to us is treated confidentially and not sold to third parties. We may share your data with our service providers in order to operate our services (e.g. storage of data via third-party hosting services, security-related aspects in order to investigate illegal activities or other misconduct, provision of technical support, etc.).

3. Purposes of data processing and legal basis

We use the personal data we collect primarily to fulfil obligations with our customers in the course of our business.

In addition, we also process personal data, insofar as this is permitted and appears to us to be appropriate, for the following purposes:

Offering and further developing our offers, services and websites, apps and other platforms on which we are present;
Communicating with third parties and processing their enquiries (e.g. applications, media enquiries);
Testing and optimising procedures for needs analysis for the purpose of directly addressing customers;
advertising and marketing (including the organisation of events), provided you have not
(if we send you advertising as an existing customer, you can object to this at any time);
Market and opinion research, media monitoring;
Assertion of legal claims and defence in connection with legal disputes and official proceedings;
Prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
Ensuring our operations, in particular IT, our websites, apps and other platforms;

Insofar as you have given us consent to process your personal data for certain purposes (for example, when you register to receive newsletters, using our contact form, etc.), we process your personal data within the scope of and based on this consent, insofar as we have no other legal basis and we require such a basis. Consent given can be revoked at any time, but this has no effect on data processing that has already taken place.

Website with a blog or forum

Please note that our services allow social interaction (e.g. posting content, information and comments publicly and chatting with other users). Please be advised that any content or data you provide in these areas may be read, collected and used by others. We discourage posting or sharing information that you do not wish to make public. If you upload content to our digital assets or otherwise make it available as part of using a service, you do so at your own risk. We cannot control the actions of other users or members of the public with access to your data or content. You acknowledge and hereby confirm that copies of your data may remain retrievable even after it has been deleted from cached and archived pages or after a third party has made a copy/stored your content.

Cookies and similar technologies

When you visit or access our Services, we authorise third parties to use web beacons, cookies, pixel tags, scripts and other technologies and analytics services ("Tracking Technologies"). These Tracking Technologies may allow third parties to automatically collect your information to improve the navigation experience on our Digital Assets, optimise their performance and provide a tailored user experience, as well as for security and fraud prevention purposes.

4. Obligation to provide personal data

As part of our business relationship, you must provide such personal data as is necessary for the establishment and performance of a business relationship and the fulfilment of the related contractual obligations (you do not generally have a legal obligation to provide us with data). Without this data, we will generally not be able to enter into or perform a contract with you (or the entity or person you represent). Also, the website cannot be used if certain traffic security information (such as IP address) is not disclosed.

5. Duration of storage of personal data

We process and store your personal data for as long as it is necessary for the fulfilment of our contractual and legal obligations or otherwise for the purposes pursued with the processing, i.e. for example for the duration of the entire business relationship (from the initiation, processing to the termination of a contract) as well as beyond that in accordance with the legal storage and documentation obligations. In this context, it is possible that personal data will be retained for the time during which claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or legitimate business interests require this (e.g. for evidence and documentation purposes).

As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted or anonymised as a matter of principle and as far as possible. For operational data (e.g. system protocols, logs), shorter retention periods of twelve months or less generally apply.

6. Data security

We take appropriate technical and organisational security precautions to protect your personal data from unauthorised access and misuse, such as issuing instructions, training, IT and network security solutions, access controls and access restrictions, encryption of data carriers and transmissions, controls.

7. Rights of the data subject

You have the right to information, correction, deletion, the right to restrict data processing and otherwise to object to our data processing, in particular for direct marketing purposes, within the framework of the data protection law applicable to you and to the extent provided for therein.

Please note, however, that we reserve the right to enforce the restrictions provided for by law, for example if we are obliged to retain or process certain data, have an overriding interest in doing so (insofar as we are entitled to rely on this) or require it for the assertion of claims. If you incur costs, we will inform you in advance. We have already informed you about the possibility of revoking your consent in section 3. Please note that exercising these rights may conflict with contractual agreements and may have consequences such as premature termination of the contract or costs. We will inform you in advance if this is not already contractually agreed.

The exercise of such rights generally requires that you clearly prove your identity (e.g. by means of a copy of your identity card where your identity is otherwise not clear or cannot be verified). To exercise your rights, you can contact us at the address given in section 1.

Every data subject also has the right to enforce his or her claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

8. Updates or changes to the privacy policy

We may amend this privacy policy at any time without prior notice. The current version published on our website will apply. Insofar as the privacy policy is part of an agreement with you, in the event of an update we will inform you of the change by e-mail or other appropriate means.

Important Notice:
Please note that this privacy policy has been machine translated from German into English. In cases of doubt or ambiguity, the German version shall prevail.

August 2023

PRIVACY POLICY

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