SCREENING EAGLE

WEBSITE DATA PRIVACY POLICY

 

This Website Data Privacy Policy, as amended from time to time (the Website Data Policy) is dated and effective as of 27^th June 2023 (the Effective Date).

 

A.         Introduction

Screening Eagle Technologies AG, together with all its affiliates Screening Eagle Singapore Pte. Ltd., Screening Eagle Spain S.L., Screening Eagle USA, Inc., Screening Eagle UK Ltd., Proceq AG, Screening Eagle Brazil Lta. and Proceq Trading (Shangai) Co. Ltd. (hereinafter we, us, our) are committed to protect and respect your data. In this Website Data Policy you may be a visitor to the website https://www.screeningeagle.com including any of its subsites (the Website) or a user of one or more of our services, platforms, social media, forums or otherwise made available by us to you in connection with any of our instruments or on a stand-alone basis (our Services).

 

As a technology software company specializing in the development of tools for data processing, we take the protection of your personal data seriously. For this reason, we would like to provide you with detailed information about the types of personal data we collect and process in connection with your use of the Website or any of our Services, to whom this personal data is transferred, and the rights you have in connection with the processing of this personal data. As an internationally oriented company based in Switzerland, we adhere to the data protection standards of the EU General Data Protection Regulation (GDPR), the Swiss Data Protection Act (DPA) and the revised Swiss Data Protection Act (revDPA). However, the application of these laws depends on each individual case.

 

Please read the following carefully to understand our views and practices regarding your personal and non-personal data and how we will treat it. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our Services or respond to any queries you may have.

 

B.         General Information

1.          Applicability and Scope

1.1       This Website Data Policy together with any other terms provided by us applies to your use of the Website or our Services unless a separate policy or legal document applies to a particular Service, in which case that policy or legal document applies.

1.2       This Website Data Policy describes and sets out the basis for the collection, use, disclosure, storage retention and protection of the personal data you provide to us while using any of the Services, and applies to all personal data we collect through your use of the Website or our Services. We do not endorse, nor do we have influence on the content or policies of third-party services and therefore cannot assume any responsibility for them.

1.3       Before you disclose to us any personal data of another person (including employees and contractors) you must obtain that person's consent to both the disclosure and the processing of that personal data in accordance with this Website Data Policy.

2.          Responsibilities

2.1       Screening Eagle Technologies AG acts as the operator of the Website and provider of the Services and determines the purposes and means of the processing of your personal data. This means that Screening Eagle Technologies AG qualifies as controller within the meaning of the GDPR.

2.2       As controller, we are committed to ensure that your privacy and personal data is protected and that your personal data is only used in accordance with this Website Data Policy. For any inquiries regarding our use of your personal data, you can contact us as follows:

·     by post to the following address: Ringstrasse 2, 8603 Schwerzenbach, Switzerland;

·     by telephone, on the contact number +41 43 355 38 00;

·     by email, using the email address data.privacy@screeningeagle.com;

·     using our Website Contact Form.

 

3.          Purposes of Use and Legal Basis for Processing

We only process your personal data if this is necessary to provide a functional Website and to provide our Services or if you provide data voluntarily. Depending on the reason and purpose of the processing, we process different data about you. The processing of your personal data is only carried out on the following legal bases and purposes:

(a)     Processing on the basis of your consent to the processing of your personal data (art. 6 (1) (a) GDPR);

(b)     Perform our contractual obligations towards you, manage, administer, analyze, enable and improve usage of our Services and enhance their stability;

(c)     Help us create, develop, operate, deliver, and improve our products, Services, content and advertising, and for loss prevention and anti-fraud purposes;

(d)     For internal purposes such as auditing, data analysis, and research to improve our products, services, and customer communications;

(e)     Processing for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract (art. 6 (1) (b) GDPR); or

(f)      Processing for the purpose of legitimate interests pursued by us or third parties (art. 6 (1) (f) GDPR).

 

4.          Storage, Retention and Deletion of Personal Data

4.1       Personal data that is collected and processed as described herein is stored by us on our own secure servers in Switzerland and in our secure facility server at Amazon Web Services located in the EU (Frankfurt) which maintains the ISO 27018 certification (standard for protecting Personally Identifiable Information in the cloud).

4.2       We will retain the data provided by you for as long as you use our Services and the performance of our contractual obligations as well as compliance obligations or other purposes pursued with the processing and for a reasonable time thereafter so long as it is necessary and relevant for our business operations and beyond this duration in accordance with legal retention and documentation obligations.

4.3       Notwithstanding other provisions of this Website Data Policy, we may retain documents (including electronic documents) containing personal data:

(a)   to the extent that we are required to do so by law or to fulfil our contractual obligations towards you;

(b)   if we believe that the documents may be relevant to any ongoing or prospective legal proceedings relevant to us; and

(c)   in order to establish, exercise or defend our legal rights (including without limitation, collection of any fees owed, resolve disputes, troubleshoot problems, enforce this Website Data Policy and/or our terms of use or providing information to others for the purposes of fraud prevention and reducing credit risk.

4.4       After it is no longer necessary for us to retain your personal data, we dispose of it in a secure manner according to our data retention and deletion policies. The personal data will also be deleted if a statutory storage period expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.

 

5.          Transfer of Personal Data

5.1       In the context of our business activities and in line with the purposes of the data processing set out herein, we may transfer your personal data to third parties, insofar as such a transfer is permitted and we deem it appropriate, in order for them to process data for us or, as the case may be, their own purposes. In particular, the following categories of recipients may be concerned:

(a)   Affiliate companies of Screening Eagle Technologies AG;

(b)   Service providers und subcontractors such as law firms, banks, insurance companies and cloud infrastructure providers;

(c)   Business partners;

(d)   Courts, authorities and arbitral tribunals.

Certain data recipients may be within Switzerland, but they may be located in any country worldwide. In particular, data may be transferred to countries, in which our affiliates, clients, their affiliates, or business partners are located as well as countries in which service providers are located or where our clients and affiliate companies are involved in business. If we transfer data to a country without adequate legal data protection, we ensure an appropriate level of protection as legally required by way of using appropriate contracts or binding corporate rules or we rely on the statutory exceptions of consent, performance of contracts, the establishment, exercise or enforcement of legal claims, overriding public interests, published personal data or because it is necessary to protect the integrity of the persons concerned.

6.          Disclosure of Personal Data

6.1       We may use and disclose your data as we deem necessary: (i) under applicable law, or payment method rules; (ii) to enforce any applicable terms of use; (iii) to protect our rights, data, safety or property, and/or that of our affiliates, you or others; and (iv) to respond to requests from courts, law enforcement agencies, regulatory agencies, stock exchanges and other public and government authorities, which may include authorities outside your country of residence.

6.2       We do not disclose information about identifiable individuals to our advertisers, but we may provide them with anonymous aggregate information about our users and customers. We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.

6.3       We may disclose some or all of the data we collect from you when you download or use our Services to some third parties, including but not limited to mobile applications, websites and third-party integrations on or using our Services, partners or collaborators. Information collected by these third-party apps, websites or integrated services is subject to their own terms and policies.

6.4       We may disclose your data to any member of our group, affiliates which means our subsidiaries, our ultimate holding company and/or its subsidiaries.

6.5       We may disclose your data to third parties:

(a)   in the event that we sell or buy any business or assets, in which case we may disclose your data to the prospective seller or buyer of such business or assets;

(b)   if our company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;

(c)   if we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request;

(d)   with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth hereunder;

(e)   when we believe in good faith that disclosure is necessary to protect our rights, property or safety of our customers or protect your safety or the safety of others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction, or respond to a government request, inter alia;

(f)    in order to enforce or apply any applicable terms of use and other agreements or to investigate potential breaches.

 

7.          Your Rights as a Data Subject

If personal data concerning you is processed, you are a data subject within the meaning of the GDPR and you have the following rights:

7.1       Right of access: You can ask us to confirm whether personal data concerning you is being processed by us. Is that the case, you can request the information as defined in art.  15  (1) GDPR from us. Further, you have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to art. 46 GDPR relating to the transfer.

7.2       Right to rectification: You have the right to obtain from us the rectification and/or completion of incorrect or incomplete personal data concerning you. Your right to rectification may be restricted to the extent that it is likely to render the performance of research or statistical purposes impossible or seriously compromises it and the restriction is necessary for the performance of research or statistical purposes.

7.3       Right to restriction of processing: In line with the conditions stated in art. 18 (1) GDPR, you have the right to request the restriction of processing of your personal data. Where processing of personal data concerning you has been restricted, such personal data may only be processed – with the exception of storage – with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of an-other natural or legal person or for reasons of an important public interest of the European Union or a Member State.

7.4       Right to erasure: You have the right to obtain from us the erasure of your personal data and we are obliged to erase personal data without undue delay where one of the grounds pursuant to art. 17 (1) GDPR apply. Please note that your right to erasure shall not apply to the extent that a processing is necessary as stated in art. 17 (3) GDPR, this includes, amongst others the establishment, exercise or defence of legal claim.

7.5       Right to information: If you have exercised your right of rectification, erasure or restriction of processing against us, we are obliged to notify all recipients to whom your personal data have been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to obtain from us the information about those recipients.

7.6       Right to data portability: You have the right to receive the personal data concerning you which you have provided to us in a structured, commonly used and machine-readable format. In addition, you have the right to transmit the data to another data controller without hindrance from us to which the personal data have been provided in line with art. 20 GDPR.

7.7       Right to object: You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on art. 6 para. 1 lit. e or f GDPR, including profiling based on those provisions. We no longer process the personal data concerning you, unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.

7.8       Where personal data is processed for direct marketing purposes, you have the right to object at any time to processing of the personal data concerning you for such marketing, which includes profiling to the extent that it is related with such direct marketing. Where you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for such purposes.

7.9       You have the possibility to exercise your right of object in the context with the use of information society services, and notwithstanding Directive 2002/58/EC, by automated means using technical specifications.

7.10    Right to withdraw the consent to process personal data: You have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

7.11    Right to lodge a complaint with a supervisory authority: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR or the DPA. In Switzerland, the Federal Data Protection and Information Commissioner is the competent data protection authority.

 

C.         Individual Processing Activities Related to the Use of the Website

1.          Provisions of the Website and Creation of Logfiles

1.1       Every time you visit our Website, our system automatically collects data and information from the computer system of the calling computer that may qualify as personal data under the GDPR. The following data may be collected:

·         Type of device that is