​The Data Privacy (hereafter the “DP”) on the website at https://clemmer-legal.com (hereinafter the “Site”) is established by Clemmer Legal, located at Guggitalring 1, 6300 Zug, Switzerland (hereinafter “CLEL“).

 

   1.  Definitions

 

Personal Data cover all information about identified or identifiable individuals, persons and companies, that they choose to provide to CLEL in order to communicate and/or manage pre-contractual and/or contractual relationships with CLEL or which are collected and stored without any action from CLEL through the visit of the CLEL's Site. Personal Data include notably name and contact details (name, company name, address, phone number or email address), information related to professional activities (such as position or title), financial information such as payment-related information, information for the purpose of attending, meetings, seminars and events, or any other information communicated to CLEL.

 

Client designates any identified or identifiable individuals, persons and companies, providing to CLEL with its Personal Data.

 

User designates any identified or identifiable individuals, persons and companies, visiting the CLEL Site and discovering the CLEL's services or latest news, whose Personal Data (IP address, name of the Internet access provider, date and time of access, URL of the data, referrer URL, country of access, browser used,  and transmission protocol https//1.1) are temporarily collected and stored without any action from CLEL and automatically removed after one year at the latest.

 

Communications cover any content and information, including Personal Data provided to CLEL under the sole responsibility of the Client.

 

Data Privacy correspond to rules established by CLEL in compliance with data protection requirements when Personal Data of Clients and Users is received, collected and processed by CLEL.

​

     2.  Scope

 

The DP applies to Clients and Users. CLEL reserves the right to change the DP at any time. In case of any modification, the applicable DP to Clients and Users is the one available at the moment of the use of the Site. CLEL recommends Clients and Users to regularly check the last updated version of the DP.

 

CLEL commits to protecting the Personal Data of Clients and Users by complying with data protection requirements of any applicable provisions, in particular the Swiss Federal Data Protection Act (FDPA), the Ordinance on the Federal Data Protection Act (OFDPA) and the General Data Protection Regulation of the European Union (GDPR), when Personal Data is collected, processed and used by CLEL.

 

     3.  Acceptance of the terms

 

By connecting to the Site, Clients and Users accept, without limitation or qualification the DP. Clients and Users accept all the DP clauses available under Article 5 of the General Terms of Use (hereafter the “GTU”).

 

If a third party (e.g. spouse or other family members, friends, colleagues of the Client etc.) provides CLEL with Personal Data which does not concern itself but the Client, the third party shall ensure in advance that the Client is aware of the DP and agrees to its content. Any third party and/or Client shall ensure that the Personal Data provided to CLEL is correct.

​

    4.  Purposes of collecting, processing, and using Personal Data

 

Personal Data are received, stored, and processed by CLEL only when Clients themselves submit their Personal Data to CLEL through the Site to communicate and/or manage pre-contractual and/or contractual relationships. The same applies to Personal Data of business partners of CLEL. Personal Data are only collected, processed and used to the extent necessary to provide a functioning website and the contents and services of CLEL.

 

Some information is processed by automatic means whenever Clients interact with CLEL (including for instance with « cookies », or through email confirmations when Clients open emails, if their terminal supports such functionality).

 

Collecting, processing, and using Personal Data is based on the legitimate interests of CLEL within the meaning of Art. 6 para. 1 lit. f GDPR and allow CLEL to:

​

• receive Communications from Clients and respond to their queries when Clients contact CLEL by phone and/or by email or visit the Site. CLEL will only collect Personal Data that is necessary to answer the queries of Clients or to provide the services requested by Clients. CLEL recommends Clients not to provide any sensitive information;

​

• manage pre-contractual relationships and/or contractual relationships, including checking for possible conflicts of interests with CLEL and CLEL network;

​

• process applications to work within CLEL;

​

• continuously improve the Site’s infrastructure, organization, and functioning;

 

• customize the Site’s content according to the use of the Site by Clients and Users;

​

• use Personal Data of the Clients and Users for marketing purposes based on the “opt-in” principle.

 

• prevent and detect fraud or abuses.

​

​

     5.  Central Storage

​

CLEL save Personal Data in a central electronic data processing system. Personal Data will be systematically recorded, linked and evaluated enabling CLEL to respond to the requests of the Clients and provide services. In this respect CLEL works with the authorized provider, software platform wix.com, Inc, 500 Terry A François Blvd San Francisco, CA 94158, USA.

 

This processing is based on a transparent and efficient management of Personal Data in accordance with the rights of Clients and Users in a fair and lawful manner . CLEL seeks to adopt the best practices when it comes to the principles of Personal Data processing and communication by email with the Clients and Users.

 

The Personal Data are processed by CLEL in compliance with the meaning of Art. 6 para. 1 lit. b GDPR. Clients and Users may object to their Personal Data processing at any time (see Section 15 “Contact”).

​

​

     6.  Cookies

​

By using the Site with Clients and Users browser settings adjusted to accept cookies, Clients and Users expressly consent to the use of cookies and other technologies described in this DP. Clients and Users are invited to read the information below to understand how to modify the settings in their browser which will notify them when Clients and Users receive a new cookie or disable cookies altogether.

 

Cookies (hereinafter the “Cookies”) are small text files stored on Clients and Users computer and used to track what Clients and Users do through their use of the Site. The information collected is primarily aimed to customize the Site’s content according to such use of the Site by Clients and Users and continuously improve the Site’s infrastructure, organization and functionality as per Article 4 of the DP here above. Cookies will not identify Clients and Users  personally – but only the browser that is installed on the computer, tablet or mobile used by Clients and Users for the use of the Site.

 

There are two types of Cookies : permanent Cookies and session Cookies.

​

      6-1.  Permanent Cookies

​

A Cookie which is permanent remains on the computer of Clients and Users for a specified period of time (hereinafter the “Permanent Cookie”). The Permanent Cookies are used to improve the Site by receiving statistics related to how of Clients and Users use the Site, such as number and quantity of headings visited, movements in navigation, and more generally preferences, interests, or Internet device used (computer, tablet or mobile) as well as the well-functioning of the Site.

 

     6-2.  Session Cookies

​

A session cookie is temporarily stored in computers of of Clients and Users memory (hereinafter the “Session Cookie”) while Clients and Users are browsing the Site. Session Cookies disappear when Clients and Users close their browser. The use of the Site make use of Session Cookies to handle the information collected by CLEL related thereto.

​

Cookies may also be used by CLEL for additional purposes, including:

​​

        i) Keeping track of specified likes and preferences of of Clients and Users enabling CLEL to agree with them;

​

        ii) Conducting research and diagnostics to improve the content of the Site, including the presentation of Services as well as the Site’s infrastructure, organization and functionality as per Article 4 of the DP here above;

​

       iii) Preventing fraudulent activities ; and

​

       iv) Improving security.

​

The « Help » or « FAQ’s » on the menu bar of most browsers will explain how to prevent browser of Clients and Users from accepting new cookies, how to have the browser notify Clients and Users when they receive a new Cookie and how to disable Cookies altogether. Additionally, Users and Customers can disable or delete Data used by browser add-ons by amending the add-on settings.

​

As Cookies allow of Clients and Users to take advantage of the entire content of the Site that facilitate experience and/or navigation on it, it. is therefore recommended to of Clients and Users to leave them turned on. However, in this case of Clients and Users shall ensure to sign off when they finish using a shared computer.

​

Cookies may also be collected by the usual service providers, offering services through the Site, such as PayPal, Google Analytics, Facebook, etc… Limiting the use of Cookies on the Site may also limit the possibility for Clients and Users to use services of these providers. CLEL recommends therefore that Clients and Users read the confidentiality policy of the respective usual service providers to understand why and how they collect cookies.

     

     7.  Google analytics

​

The Personal Data collected and processed by Google Analytics, a tracking-tool and web service provider of Google Inc., located 1600 Amphitheatre Parkway, Mountain View, CA 94043-1351, USA on behalf of CLEL are related to the use of the Site, such as navigation path, duration of the connection to the Site, time of the server request, type of browser, country of access, referrer URL of the Site previously visited, operating system and IP address. 

 

The Personal Data collected by Google on the Client's and User's device about their use of the Site is collected in particular by means of Cookies. Personal Data transmitted to a Google server in the USA, a company of the holding company Alphabet Inc., where it is stored. In order to ensure that the Personal Data are collected anonymously, the IP-address is shortened by activating the IP anonymisation (hereafter the " anonymised IP ") on the Site, before transmission to the member states of the European Union or member states of the European Economic Area, or to Switzerland.

 

According to Google, the anonymised IP transmitted in this context by the Client's and User's browser is not merged with other data held by Google. In exceptional cases only, the complete IP address may be transmitted to a Google server in the USA and shortened there. Google may also transfer Personal Data to third parties where required to do so by law, or where third parties process Personal Data on Google's behalf.

​

If CLEL transfers Data to a country without adequate legal protection of Data, such as the United States, CLEL will, as provided by law, use appropriate contracts (including on the basis of the European Commission's so-called standard contractual clauses) or rely on the legal exceptions of consent, performance of contract, establishment, exercise or enforcement of rights, overriding public interest, published Personal Data or because it is necessary to protect the integrity of Users and Customers.

​

Google Analytics uses Personal Data on our behalf in order to analyse the use by Clients and Users of the Site, to compile reports on Site activities and to provide CLEL with further services related to the use of the Site and the Internet.

​

The processing of the Personal Data through Google Analytics is made in accordance with the legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. Clients and Users can object to the process of the Personal Data at any time (see art. 14 Contact).

​

    8.   Links to social networks

​

The social media profile and/or any news and/or blog of CLEL may be viewed on various social networks  accessible by clicking on the relevant icon incorporated in the Site,  namely:

- Instagram, Inc., 181 South Park Street Suite 2 San Francisco, CA 94107, USA;

- LinkedIn Corp., 1000 W. Maude Avenue, Sunnyvale, CA 94085, USA;

​

In order to be connected with the aforesaid mentioned social networks, Clients and Users of the Site shall access to their user account by entering their login.  By clicking on the relevant icon, the Clients and Users connect directly  their  browser to the server of the relevant social network, indicating to the social network  that the Clients and Users have visited the Site with their IP address.

​

For more information, please refer to the respective Data Privacy of the social network concerned.

​

    9.   Site Traffic information

​

CLEL may collect, upon explicit consent provided by Clients and Users, information on the pages of the Site visited by Clients and Users, including, but not limited to, IP addresses, geolocation data, the type of browser that Clients and Users use, details of any links which direct Clients and Users to the Site and the times Clients and Users access the Site. This information is used by CLEL in order to understand Clients and Users preferences better and to manage the load on servers, so as to customize the Site’s content according to the use of the Site by Clients and Users and continuously improve the Site’s infrastructure, organization and functionality as per Article 4 of the DP here above.

​

    10.  Personal Data security

 

CLEL is reasonably committed to take all possible technical and organisational measures to protect Personal Data of Clients and Users and from illegal or accidental access, destruction, alteration, blocking, copying, distribution, unauthorized disclosure of, or access to, Personal Data transmitted, stored otherwise processed as well as other illegal actions from third party.

​

The Personal Data of Clients and Users which are stored on the CLEL’s servers may only be accessed by the CLEL’s employees as well as service providers of CLEL in possession of the required clearance. All authorized persons who have access to Personal Data are required to comply with the terms of the DP and are contractually obliged to keep Personal Data strictly confidential.

​

    11.  Personal Data retention

​

The storage of Personal Data is needed for the purposes described in section 4 her above and in principle Personal Data are retained no longer than in necessary for said purposes .

 

However, specific rules regarding retention shall apply to some kind of Personal Data. Therefore, for this kind of Data, CLEL shall retain them until the end of the legal retention period in order to comply with legal requirements (for instance until 10 years  for exchange of business correspondence and Communications or contracts).   

​

    12.   Disclosure of Personal Data

​

Personal Data of Clients and Users stored in the CLEL's server may be disclosed to third party only when CLEL receives express consent of Clients and Users or when ordered to do to so by virtue of an official decision which is derived from an authority in accordance with the applicable laws, or when CLEL shall assert its rights in a claim arising out of contractual relationships, defined in art. 4 here above.

​

   13.  Share of Personal Data

​

To ensure the use, the customization and the improvement of the Site's infrastructure, organization and functionality,  or the processing of requests as per Article 4 of the DP here above, CLEL has the right to transfer Personal Data to authorized providers by CLEL.

​

The authorized providers have the right to use the received Personal Data for the sole purpose of providing their services useful for the use, the customization and the improvement of the Site's infrastructure, organization and functionality, or the processing of requests as per Article 4 of the DP here above. 

 

The authorized providers are bound by the terms of DP and the general terms of use (hereafter the "GTU"), that ensure the proper use of Personal Data provided to CLEL.

 

For this processing CLEL relies on our legitimate interests within the meaning of Art. 6 para. 1 lit. f GDPR.

​

    14.  Right to access, remove and rectify

​

Clients and Users may access a broad range of information about their interactions with the Site for the purpose of viewing and/or updating their Personal Data, or requesting correction of incorrect Personal Data, and/or its restriction for processing and/or its deletion. 

​

CLEL deletes Personal Data of Clients and Users when all processing purposes have been fulfilled. When CLEL is obliged by statutory provisions to retain Personal Data of Clients and Users as per art. 11 here above, CLEL will delete them after the end of the applicable retention period.  

 

Furthermore, subject to applicable law, Clients and Users may have the right to data portability if their domicile is outside Switzerland in a EU/EEA Member State, meaning that they have the right to receive from CLEL their Personal Data free of charge and in a readable format.  

 

Subject to applicable law, Clients and Users may have the right to lodge a complaint with the competent data protection supervisory authority if they believe that the processing of Personal data infringes applicable data protection laws.

​

Clients and Users have the right to revoke an issued consent at any time with effect for the future, except where otherwise determined by the applicable laws.

​

    15.  Contact 

​

For any questions or queries related to data protection, please contact us by email at: contact@clemmer-legal.com. Alternatively, you can write to:

​

CLEMMER LEGAL

Privacy coordination

Guggitalring 1

6300 Zug - Switzerland

​

​

                                                                                     Last update: July 10, 2021

​

​

​

​

​

​​

​

​

​

​

​

​

​

​