Privacy

Privacy policy

1.        Information

This privacy policy ("Policy") describes how KYON AG ("KYON AG", "we", "us" or "our") collects, protects and further processes personal data ("Personal Information" or “Personal Data”) you ("User", "you" or "your") may provide when you access the kyon.ch website and any of its products or services (collectively, "Website" or "Services") and / or when you communicate with us via our contact form, by email or other channels.

 “Personal Data” means any information relating to an identified or identifiable person.

Data Protection is important to us. We handle your Personal Data in compliance with the applicable legal data protection provisions. This Privacy Policy respects the EU General Data Protection Regulation (GPDR) and the Swiss data protection legislation (FADP).

 

2.       Controller (responsible person) / Contact Information

KYON AG is responsible for the processing of data on the Website www.kyon.ch. You can contact us in matters relating to data protection using the following contact details:

Address: Hardturmstrasse 103, CH-8005 Zurich
phone: +41 43 204 13 13
email: info@kyon.ch

 

3.       Collection and Processing of Personal Data

You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the Website's features. Users who are uncertain about what information is mandatory are welcome to contact us.

a) Personal Data we receive from you

In particular, we process Personal Data you provide to us when you communicate with us (e.g. name, address, phone number, content of the communication, etc.). In order to make our Website and Services available to you, or to meet a legal obligation, we need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Some of the information we collect is directly from you via our Website (see section 3b below). However, we may also collect Personal Information about you from other sources (e.g. from public sources).

b) Accessing our Website

You can visit the Website without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. When you visit the Website our servers automatically record information that your browser sends. This data may include information such as your device's IP address, browser type and version, operating system type and version, language preferences or the webpage you were visiting before you came to our Website, pages of our Website that you visit, the time spent on those pages, information you search for on our Website, access times and dates, and other statistics. This information is stored in a temporary log file. Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding Website usage. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.

c) Subscription to a newsletter

We offer electronic newsletters to which you may voluntarily subscribe at any time (“opt-in”) by indicating your first name, last name and email-address. We are committed to keeping your Personal Data confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section or for the purposes of utilizing a third-party provider to send such emails.

All emails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter by following the unsubscribe instructions included in the newsletter or by contacting us by email. The data processed before we receive your request remain legally processed.

Our Website uses the services of MailChimp to send our newsletters, a service provided by Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA. MailChimp is certified under the EU-US Privacy Shield. The Privacy Shield is an agreement between the European Union (EU) and the US to ensure compliance with European privacy standards in the United States.

MailChimp is a service which organizes and analyzes the distribution of newsletters. If you provide Personal Data (e.g. your email address) to subscribe to our newsletter, it will be stored on MailChimp servers in the USA. MailChimp analyzes our newsletter campaigns. By opening an email sent by MailChimp, a web beacon connects to MailChimp’s servers in the UA and allows to determine if a newsletter message has been opened and which links have been clicked on. Additionally, technical information is collected (e.g. time of retrieval, IP-address, browser type and operating system), but cannot be assigned to a specific recipient. It is used only for statistical analysis of newsletter campaigns. For details, see the MailChimp data privacy statement at https://mailchimp.com/legal/terms/.

If you do not want your usage of the newsletter to be analyzed by MailChimp, you will have to unsubscribe from the newsletter.

d) Event Registration Information

If you elect to attend an event hosted by KYON (e.g., Symposium, course or webinar), we may collect personal data, such as your name, address, telephone number, email address and other information. You can choose not to provide us with certain information, but then you may not be able to register with us or take advantage of some features (e.g., emails regarding event details, electronic copies of event materials, etc.).

e) Other features / services / Creation of an account (Login-section)

If you wish to use some of the Website's actual or future features, you will be asked to provide Personal Data (for example, your name, your address, country of residence and email address) to create an account to access the Login-section. We are not under obligation to open an account on request.

We receive and store any information you knowingly provide to us when you create an account, fill any online form on the Website and / or if you communicate with us by email or other channels.

 

4.       Purpose of Processing and Legal Grounds

Any of the information we collect from you may be used for the following purposes:

  • Create and manage user accounts
  • Fulfill and manage orders (placed by email)
  • Deliver products or services
  • Improve products and services
  • Send necessary administrative information
  • Send a newsletter (if you subscribe)
  • Respond to your inquiries and offer support to you
  • Improve user experience on the Website
  • Deliver targeted advertising (if requested)
  • Run and operate our Website and Services

 Processing your Personal Information depends on how you interact with our Website, where you are located in the world and if in particular one of the following applies:

  • You have given your consent for one or more specific purposes;
  • Provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof;
  • Processing is necessary for compliance with a legal obligation to which we or you are subject;
  • Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us;
  • Processing is necessary for the purposes of our legitimate interests (e.g. ensuring the IT security, providing our services and the Website).

In any case, we will clarify in a specific case the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

 

5.       Cookies

The Website uses "cookies" to help personalize your online experience. A cookie is a text file that is placed on your computer or mobile device by a web page server and allows an identification of your computer or mobile device. If you revisit our Website, we may recognize you (without knowing your identity). Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information of general user behavior for statistical purposes to operate our Website and Services. A cookie stores, for example, information about your last visit, e.g. your preferred language or other settings, in order to make it easier to use our Website, to optimize and structure our content, to deliver more targeted content and / or to make our Website more user friendly.

There are two types of cookies:

  • Temporary / session cookies are automatically deleted from your computer or mobile device after your visit on our Website
  • Permanent cookies remain on your computer or mobile device for a certain time period.

You have the possibility to configure your browser settings in order to specify how cookies are processed (accept all cookies, be notified when a cookie is set or reject all cookies). Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. Check with your web browser and select the relevant link below for more information: 

 

6.       Social media

We link to our presences on Facebook, Instagram and YouTube. When you click on these links, you will be directed to these websites and the individual social network’s data protection provisions apply to the processing of this data.

 

7.       Analytic Services

We use Google Analytics or similar services on our Website.

Google analytics is a web analysis service provided by Google Inc. (“Google”). Google Analytics also uses cookies to provide the services. The information generated by the cookies about the use of our Website will generally be transmitted to and stored on a Google server in the USA. Google will – on behalf of us - evaluate and measure the use of the Website. Google will not receive any personal data from us, but it may track your use of the Website, combine this information with data from other Websites. If you are registered at Google, it will know your identity and process your Personal Data in accordance with its privacy policy. We only receive data on the use of our Website, not personal information about you.

You have the possibility to object to the use of Google Analytics by adjusting the settings of your browser software – the data collection and storage can be withdrawn with future effect. For more information, see the Google Analytics Privacy Policy: https://google.com/analytics/terms/us.html

You can opt-out from Google Analytics according to this link: https://support.google.com/analytics/answer/181881?hl=en

 

8.       Information transfer and storage

We are authorized to engage third parties to provide services and to make the Personal Information available to them. Such third parties are subject to the same obligations with regard to data protection as we are. They are not allowed to use your Personal Information for other purposes than we are or as described in the sections above (for example analytic services). If service providers are deployed in third countries, they are obliged to comply with the data protection level pursuant to the GDPR in addition to instructions in the respective Agreement.

We are authorized or obliged to transfer Personal Data to governmental institutions and authorities based on legal provisions, court orders or regulatory decisions as well as to governmental institutions in order to take legal action or prosecution if our rights are challenged.

The Personal Data collected and processed by us will be deleted if it is no longer necessary for the purposes for which it was collected or processed. We will retain and use your Personal Information for the period necessary to comply with our legal obligations, resolve disputes, and enforce our agreements unless a longer retention period is required or permitted by law.

Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period.

 

9.       Your rights

You may exercise certain rights regarding your Personal Data processed by us. Any requests to exercise your rights can be directed to KYON AG through the contact details provided in this document (see section 2). In particular, you have the right to:

  • Access: you have the right to ask us whether we process personal data belonging to you and to specific details of the processing (purposes of processing, details of categories of personal data, categories of recipients, the existence of the other rights mentioned in this section, the provenience of your data and the existence of an decision made solely on automated processing);
  • Correction: you have the right to obtain the rectification of inaccurate Personal Data and ask for it to be updated or corrected / completed;
  • Deletion: you have the right (if we are under no legal or official obligation to retain the data) to obtain the deletion of personal data concerning you, if in particular one of the following grounds applies:
  • your Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
  • you withdraw consent on which the processing is based according and where there is no other legal ground for the processing;
  • you object to the processing and there are no overriding legitimate grounds for the processing;
  • the Personal Data have been unlawfully processed;
  • the Personal Data have to be erased for compliance with a legal obligation;
  • Restricted processing: you have the right (if we are under no legal or official obligation to retain the data) to ask that we restrict the processing of your personal data,
  • If you contest the accuracy of the personal data, for a period enabling us to verify the accuracy of the personal data;
  • If the processing is unlawful and you oppose the erasure of the Personal Data and request the restriction of their use instead
  • If we no longer need the Personal Data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims
  • If you have objected to processing pending the verification whether our legitimate grounds of us override those of you.
  • Right to withdraw your consent: you have the right to revoke your consent where you have previously given your consent to the processing of your personal data for specific purposes. This withdrawal does not affect the legitimacy of any processing before the withdrawal;
  • Right to object: you have the right to object to the processing of your information if the processing is carried out on a specific legal basis (see section 10).
  • You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you;
  • Data portability: you have the right to receive your information in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance.

Right to lodge a complaint with the competent data protection authority. In Switzerland it is the Federal Data Protection and Information Commissioner: www.edoeb.admin.ch.

 

10.     The right to object to processing

You have the right to object to the processing of your information if the processing is carried out on the legal basis of data processing in the public interest and / or data processing on the basis of a balancing of interests unless we demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.

Additionally, should your Personal Information be processed for direct marketing purposes, you can object to that processing at any time without providing any justification.

 

11.     Links to other websites

Our Website contains links to other websites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other websites or third-parties. We encourage you to be aware when you leave our Website and to read the privacy statements of each and every website that may collect Personal Information.

 

12.     Information security

We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain appropriate and reasonable technical and organizational security measures to protect your personal data from unauthorized access, misuse, manipulation, modification, loss, destruction and disclosure of personal data in our control and custody. You acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and our Website cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third-party, despite best efforts.

In the event we become aware that the security of the Website has been compromised or users Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law.

 

13.     Changes and amendments

We may update this Privacy Policy from time to time in our discretion and will notify you of any material changes to the way in which we treat Personal Information. When changes are made, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. Any updated version of this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified. Your continued use of the Website or Services after the effective date of the revised Privacy Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Data in a manner materially different than what was stated at the time your Personal Data was collected.

 

14.     Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Website and its Services.

 

15.     Contacting us

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, please contact (see contact details in section 2).

This document was last updated on May 13, 2020