Current version dated: 1st of august 2018
Data protection is a matter of trust, and your trust is important to US. This Data Protection Declaration (DATA PROTECTION DECLARATION) describes how and why we collect, process and use your personal data. WE want you to be fully informed about the processing of your personal data. As a result, we are using this DATA PROTECTION DECLARATION to inform you how and why we collect, process and use your personal data. It is important to US that you understand:
- which personal data we collect and process about you;
- when we collect your personal data;
- which purpose we use your personal data for;
- how long we keep your personal data for;
- who has access to your personal data; and
- which rights you have with reference to your personal data.
By installing, using or accessing the APP, you agree to the DATA PROTECTION DECLARATION as amended at the time of installation, use or access of the APP. You will find the current version of the DATA PROTECTION DECLARATION in the app: Settings -> Data Protection Declaration and it can be accessed via the following link: https://masterminds-productions.ch/?page_id=183.You can also request the current DATA PROTECTION DECLARATION from US at any time (see contact details).
1. Who are we?
The following company (WE, US or MASTERMINDS) is the data controller for data processing in accordance with this DATA PROTECTION DECLARATION:
Masterminds Productions GmbH
Tel. Nr.: +41 44 748 30 30
OUR EU representative for data protection:
VGS Datenschutzpartner UG
Am Kaiserkai 69
What is “personal data” and what does “processing” mean?
PERSONAL DATA is understood to mean all information that can be associated with a particular natural person. Some examples include:
- Contact details/information, such as name, address, email address, telephone number;
- Further personal data, e.g. gender, birthday, nationality, passport photo;
- Location information and images that you provide or upload when using the APP;
- Information about your use of OUR APP (e.g. usage data, device data and connection data such as date and time of transmissions, transferred data volume, operating system).
This DATA PROTECTION DECLARATION applies to the processing of your PERSONAL DATA that has already been collected and data that will be collected in the future.
In principle, WE collect your PERSONAL DATA directly from you, e.g. when you communicate with US or use OUR APP. It may also be collected indirectly, e.g. if other users of OUR APP (USERS) disclose PERSONAL DATA about you in the chat.
WE understand PROCESSING to mean any form of handling your PERSONAL DATA.
This includes, for example:
- collection and storage;
- organisation and administration;
- adaptation and change;
- reading and querying;
- use and application;
- transmission and disclosure;
- erasure and destruction.
2. Which PERSONAL DATA do WE process, when and for what purposes?
You decide which PERSONAL DATA you wish to disclose to US. As a rule, you are not obliged to provide US with certain information. However, WE can often only respond to you or provide you with the full range of OUR SERVICES and the APP if you provide US with certain personal information and WE can process it.
2.1. Download of OUR APP, use of OUR APP and use of OUR SERVICES
a) Necessary PROCESSING of your PERSONAL DATA for the provision of OUR SERVICES
When you download OUR app and use OUR SERVICES and the APP, WE process your PERSONAL DATA primarily to identify you (e.g. contact information/details, date when you downloaded the app, telephone number, name, address, email address or any other personal information such as gender, birthday, nationality; passport photo).
With the help of OUR APP, you can communicate with other people individually or in a group by leaving voice messages, as well as by exchanging pictures and locations. Consequently, by using OUR SERVICES, you transmit PERSONAL DATA to MASTERMINDS yourself. This also includes your contacts, their telephone numbers, account information, messages, location data or pictures. To perform OUR SERVICES and to enable you to use OUR APP at all as intended, WE must process this PERSONAL DATA.
In addition, WE automatically collect usage data, device data and connection data (for example date and time of transmissions, transferred data volume, operating system, information about the device used, such as tablet, PC or smartphone). The PERSONAL DATA obtained can be processed by US within the framework of the execution of the contractual relationship and the provision of OUR SERVICES. PROCESSING for the above purposes may be necessary for the execution of contracts.
WE base this PROCESSING on the fact that WE may process PERSONAL DATA in order to execute the contract and to be able to offer you the APP and OUR SERVICES at all. PROCESSING is in your interests so that WE can deliver the data you send, such as voice messages, images and location data, to the desired recipient. The legal basis for the PROCESSING of this PERSONAL DATA is your consent and OUR legitimate interest and the legitimate interest of third parties.
b) USAGE, DEVICE AND CONNECTION DATA
WE also use your PERSONAL DATA as well as your usage, device and connection data, without assigning it to you as an individual or performing other profiling, for statistical evaluations for the purpose of operation, security and optimisation of OUR APP and OUR SERVICES, but also for anonymous recording of the number of APP USERS and the scope and type of use of OUR APP and SERVICES. Based on this information, we can provide personalised and location-based content, analyse traffic, troubleshoot and correct errors, and improve OUR services. This is also OUR legitimate interest.
2.2. Visiting websites
When you visit OUR websites, WE process PERSONAL DATA depending on the offering and functionality. This includes technical data such as information about the time of access to our website, the duration of the visit, the pages accessed and information about the device used (e.g. tablet, PC or mobile phone). We use this data to provide the website, for reasons of IT security and to improve the user-friendliness of the website. We also use “cookies”; these are files that are stored on the end device when you visit our website. Cookies are often required for the functionality of the website and are automatically deleted after a visit. Other cookies are used to personalise the offering or enable us to display targeted advertising from third parties, and are stored for a certain period (e.g. two years).
WE process personal information when you contact US or WE contact you, e.g. when you contact customer services and when you write to US or call US. We process your PERSONAL DATA to deal with and answer your concerns and questions.
There are several ways you can use to communicate with US. You can reach US by phone through our customer service team (+41447483030) or contact our support team by email (firstname.lastname@example.org). Of course, you can also send a letter to US at OUR address. On OUR website you can contact US using the contact form available via the link: https://masterminds-productions.ch. If you use OUR contact form, your message will be sent to a configured email address and your data will be stored temporarily as a backup on the website.
Information such as name and contact data (email/address), the time of the relevant messages and their content, which may also include PERSONAL DATA of third parties, is usually sufficient for US in this regard. WE use this information to provide you with information or communications, to process your requests and communicate with you, and for quality assurance and training purposes.
The legal basis for the PROCESSING of this PERSONAL DATA is your consent and the fulfilment of OUR contract with you.
2.4. Information, direct marketing and advertising
WE process PERSONAL DATA for sending information and advertising messages, provided that you have not objected to this processing. For example, if you sign up for a newsletter or SMS notifications, WE will process your contact information and, in the case of emails, information about your use of the messages (e.g. whether you have opened an email and downloaded embedded images) to get to know you better, to better tailor our offers to you and to generally improve these offers. You can object to the sending of advertising messages at any time without complications and without financial consequences.
If WE have your consent, WE may also pass on your PERSONAL DATA to third parties for proprietary advertising purposes.
The legal basis for the PROCESSING of this PERSONAL DATA is your consent and OUR legitimate interest in the advertisement and improvement of OUR SERVICES and APP.
2.5. Market research and media monitoring
WE process PERSONAL DATA for market and opinion research. For this, WE may use information about your chat behaviour, but also information from surveys and studies and other information, e.g. from the media, social media, the Internet and other public sources. WE may also make use of media monitoring services or conduct our own media monitoring and process PERSONAL DATA as a result. WE may also use this information for OUR own promotional purposes.
The PROCESSING of your PERSONAL DATA for the purposes mentioned serves OUR legitimate interest to coordinate OUR offering with the market and the participants in the market. Last but not least, it is also in your interest to enjoy the best possible range on offer.
WE process PERSONAL DATA, in particular your contact details or telephone number, for various administrative purposes in connection with OUR services you use. For example, WE can process personal data in the context of IT administration. WE also process personal data for accounting and archiving purposes and generally to review and improve internal processes.
PROCESSING for the above purposes may be necessary for the execution of contracts. It is also necessary for the legitimate interest of internal administration.
2.7. Corporate transactions
WE also process PERSONAL DATA to prepare and process company takeovers and sales and purchases or sales of assets. WE may disclose your PERSONAL DATA to a potential purchaser if WE intend to sell or transfer ownership or control of the company, assets, funds, business or services in whole or in part to that purchaser. WE have a legitimate interest in processing your PERSONAL DATA in the event of a restructuring or possible sale of OUR business.
If this sale is completed, WE will require the purchaser to continue to comply with the terms of this DATA PROTECTION DECLARATION. Should the sale not take place, WE will demand that the third party does not use or disclose your PERSONAL DATA and completely delete its.
2.8. Compliance with legal requirements
WE process PERSONAL DATA to comply with legal requirements. This includes, for example, the receipt and processing of complaints and other reports, internal investigations or the disclosure of documents to an authority if WE have a legitimate interest in this or are legally obliged to do so. WE may process your PERSONAL DATA in order to comply with these requirements, in particular information and disclosure obligations towards authorities.
In particular, WE must comply with the legal provisions of the law on telecommunications (Telecommunications Act and Ordinances) and on the interception of telecommunications (Federal Act on the Monitoring of Postal Communications and Telecommunications and Ordinances). The PERSONAL DATA and other data that WE process to enable you to download and use OUR APP and to make use of OUR SERVICES may also constitute telecommunications data that is classed as a telecommunications secret under Art. 43 of the Telecommunications Secrecy Act. This specifically includes:
- Content of communication between USERS;
- Marginal data (i.e. the fact that a communication took place, the time at which it took place and its duration);
- Information about the geographical location from which a connection was established or where the connection was routed;
- Information about your use of OUR APP (e.g.)
You expressly agree that WE will process your TELECOMMUNICATIONS DATA for the purposes detailed in this DATA PROTECTION DECLARATION, and especially those detailed under item 2, which go beyond the provision of telecommunications services (i.e. establishment of connections, fulfilment of obligations under the Federal Act on the Monitoring of Postal Communications and Telecommunications, performance of contracts), and pass this data on to third parties.
WE base the PROCESSING of TELECOMMUNICATIONS DATA on the fact that we need it for the establishment of the connection and for the fulfilment of OUR obligations under the Federal Act on the Monitoring of Postal Communications and Telecommunications and Ordinances. The legal basis of the PROCESSING of TELECOMMUNICATIONS DATA is the fulfilment of OUR contract with you and the fulfilment of a legal obligation.
2.9. Legal protection
WE process PERSONAL DATA in different constellations in order to protect OUR rights, e.g. to enforce claims in court, before or out of court and before authorities domestically and abroad or to defend claims against US. For example, WE can have process prospects clarified or submit documents to an authority. As part of this, WE may process your PERSONAL DATA or pass it on to third parties domestically and abroad, insofar as this is necessary and permissible.
PROCESSING for the above purposes may be necessary for the execution of contracts. It is also in OUR legitimate interest to defend against legal claims.
3. What rights do you have in connection with the PROCESSING of your PERSONAL DATA?
You have the following rights, in particular:
- Right to information: You have the right to be informed transparently, clearly and comprehensively about how WE process your PERSONAL DATA and what rights you have in connection with the PROCESSING of your PERSONAL DATA. WE comply with this obligation through this DATA PROTECTION DECLARATION. If you would like further information, please contact US (see contact details).
- Right to access: You have the right to request access to your personal data stored with US at any time and free of charge if WE process it. In individual cases (in particular in cases of doubt as to identity, protection of third parties, excessive exercise of this right, disproportionate effort) the right to access may be limited or excluded. If you would like to make use of this option, you are welcome to contact US (see contact details).
- Right to rectification: You have the right to have incorrect or incomplete PERSONAL DATA rectified and to be informed of the rectification. Exceptions may be made in the event of impossibility or disproportionate effort.
- Right to erasure: in certain cases, you have the right to have your PERSONAL DATA erasure. You can request the erasure of your PERSONAL DATA if the PERSONAL DATA is no longer required for the purposes pursued, if you have effectively revoked your consent or effectively objected to the PROCESSING or if the PERSONAL DATA is processed unlawfully. The right to erasure may be excluded in individual cases (in particular in cases of free expression of opinion, legal tasks, public interest, exercise of legal claims).
- Right to restrict processing: under certain conditions, you have the right to request that the processing of your PERSONAL DATA be restricted. This may mean, for example, that PERSONAL DATA will (temporarily) not be processed further or that published PERSONAL DATA will be (temporarily) removed from a website. In this case, WE will inform the recipients of the data concerned of the adjustments made, unless this is impossible or involves disproportionate effort.
- Right to data portability: you have the right to receive from US the PERSONAL DATA that you have provided to US in a readable format free of charge, provided that (1) the specific data processing is based on your consent or is necessary for the performance of the contract and (2) the processing is carried out using automated procedures. Depending on the individual case, your PERSONAL DATA can be transferred to you or directly to the third-party provider.
- No solely automated processing: you have the right not to be subject to a decision based exclusively on automated PROCESSING – including profiling – that has a legally valid effect against you or significantly affects you in a similar manner. Decisions are not made automatically on the basis of the personal data collected. Exceptions may apply if the decision is necessary for the conclusion or performance of the contract between you and US or if you expressly consent to it.
- Right to appeal: you have the right to file a complaint with a competent supervisory authority against the way in which your PERSONAL DATA is processed.
- Right to object: you have the right to object at any time, for reasons arising from your particular situation, to the processing of PERSONAL DATA concerning you, which was necessary because of legitimate public interests or the legitimate interests of US or third parties. WE will then no longer process the PERSONAL DATA unless there are compelling reasons for processing which are in need of protection and which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
- Right to withdraw consent: you have the right to withdraw your consent at any time. However, processing activities based on your consent in the past will not become unlawful as a result of your revocation.
4. With whom do WE share your PERSONAL DATA?
OUR employees have access to your PERSONAL DATA to the extent necessary for the purposes described and the activities of the employees concerned. This includes employees in development and support areas such as the IT department, development and support. In this regard, they act in accordance with OUR instructions and are bound to confidentiality and secrecy when dealing with your PERSONAL DATA.
Furthermore, WE may pass on your PERSONAL DATA to third parties domestically and abroad if WE wish to make use of their services (“COMMISSIONED DATA PROCESSORS”). In particular, this concerns services in the following areas:
- Administrative work (e.g. accounting);
- Consulting services, e.g. services of tax advisors, lawyers, management consultants;
- IT services, e.g. services in the areas of data storage (hosting), cloud services and support.
Through the selection of commissioned data processors and suitable contractual agreements, WE ensure that data protection is also guaranteed by third parties during the entire period of the PROCESSING of your PERSONAL DATA. WE will use contractual agreements with the third parties involved to ensure that they are contractually obliged to observe the same confidentiality standards and to observe the secrecy of telecommunications. OUR commissioned data processors are obliged to process the PERSONAL DATA exclusively on OUR behalf and according to OUR instructions.
It is also possible that WE may share PERSONAL DATA with these and other companies (additionally) for their own purposes (e.g. company sales, IT services, administration services). In these cases, the recipient of the data is a data controller under data protection law who defines the PROCESSING of your PERSONAL DATA in his/her own data protection regulations.
We may also disclose your PERSONAL DATA to third parties domestically and abroad (e.g. authorities in Switzerland and abroad) if this is required by law (e.g. information and disclosure obligations within the framework of the Telecommunications Act and the Federal Act on the Surveillance of Postal Communications and Telecommunications). WE also reserve the right to PROCESS your PERSONAL DATA in order to comply with a court order or to assert or defend legal claims or if WE consider it necessary for other legal reasons.
5. When will WE disclose your PERSONAL DATA abroad?
The recipients of your PERSONAL DATA, to whom we pass on PERSONAL DATA for the purpose of, for example, IT services, may be located abroad. In principle, these countries are located within the EU or the EEA, but sometimes they can also be outside the EU or the EEA. These countries may not have laws that protect your PERSONAL DATA to the same extent as in Switzerland, the EU or the EEA. If WE transfer your PERSONAL DATA to a state of this nature, the protection of your PERSONAL DATA will be adequately ensured. This can be ensured by one or more of the following measures:
- by concluding EU Model Clauses with the commissioned service providers, see: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_de;
- by ensuring that the commissioned service providers are Swiss-US or EU-US Privacy Shield certified (if the data recipient is based in the USA or stores the data there), see https://www.privacyshield.gov/;
- due to the existence of Binding Corporate Rules (BCR) recognised by the Federal Data Protection and Information Commissioner (“FDPIC”) and a European data protection authority among the commissioned service providers, see https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/binding-corporate-rules_en.
In exceptional cases, transmission to countries without adequate protection is also permitted in other cases, e.g. based on express consent, for the fulfilment of a contract with the data subject or for the processing of his /her/its contract application, for the conclusion or fulfilment of a contract with someone else in the interest of the data subject, or for the assertion, exercise or defence of legal claims.
If your TELECOMMUNICATIONS data is transmitted to a third party domestically and abroad, WE will ensure by means of contractual agreements with the third parties involved that they are contractually obliged to observe the same confidentiality standards. You hereby release US from the secrecy of telecommunications and agree that WE may transmit telecommunications data to third parties domestically and abroad.
6. How long do WE store your PERSONAL DATA for?
WE store and process your PERSONAL DATA as long as this is necessary or legally prescribed or permitted to achieve the processing purpose for which it was collected. For example, WE have a legitimate interest in storing your PERSONAL DATA as long as it is subject to a retention obligation or as long as storage is necessary for reasons of evidence or security. Within the framework of contracts, WE generally store PERSONAL DATA at least for the duration of the contractual relationship.
We have a legitimate interest in the storage of PERSONAL DATA, among other things, to safeguard legal claims, for archiving purposes, to guarantee IT security or if limitation periods for contractual or non-contractual claims are ongoing. Often, for example, a limitation period of ten years applies, and in some cases a period of five years or one year applies. Furthermore, WE must retain your PERSONAL DATA as long as it is subject to a legal retention obligation.
After the expiration of the mentioned periods, WE will delete or make anonymous the PERSONAL DATA so that it can no longer be identified or be identifiable.
7. How do we protect your PERSONAL DATA?
WE ensure appropriate data security in accordance with legal requirements (e.g. the Telecommunications Act or the Federal Act on the Surveillance of Postal Communications and Telecommunications).
WE take appropriate security measures of a technical (e.g. encryption, access restriction, data protection, etc.) and organisational nature (e.g. instructions to OUR employees, etc.) to protect the security of your PERSONAL DATA, to protect it from unauthorised or unlawful PROCESSING and to counteract the risk of loss, unintentional modification, unintentional disclosure or unauthorised access. However, security risks cannot generally be completely ruled out; certain residual risks are unavoidable.
8. Changes to this DATA PROTECTION DECLARATION
This DATA PROTECTION DECLARATION may be modified over time, especially if WE change OUR data processing or if new legislation becomes applicable. WE actively inform people whose contact details are registered with US of such changes in the event of significant changes, if this is possible without disproportionate effort. You will find the current version of the DATA PROTECTION DECLARATION in the app: Settings -> Data Protection Declaration and it can be accessed via the following link: https://masterminds-productions.ch/?page_id=183.You can also request the current DATA PROTECTION DECLARATION from US at any time (see contact details).
If you have any questions, concerns, requests for information or other comments, you can contact US at any time as follows:
Masterminds Productions GmbH
Tel. Nr.: +41 44 748 30 30