Privacy Policy

Personal data is any data and information relating to an identified or identifiable natural person.

In connection with our provision and your use of the Online Services, we process different categories of personal data from you such as:

• Private and business contact and identification data such as first name, last name, address, e-mail, telephone number, social media profiles, and company details.
• Personal information such as nationality, date of birth, language, gender, photos (including avatars).
• Customer account information such as first name, last name, e-mail and password.
• Contractual and financial data such as your contract, type of services ordered, applicable terms and conditions, start of contract, term of contract, remuneration claims, billing and payment data, and credit card details (with respect to the latter, these details are processed by our payment service provider).
• Interaction data such as correspondence (including information in contact and feedback forms, content entered and uploaded on the Online Services (in particular in connection with Listings and Community Ideas, both terms as defined in the ‘Terms of Use of Mindaru’), chat messages with other users sent via the Online Services), customer service information such as complaints, information from the assertion of rights, and feedback.
• Information regarding the use of the Online Services such as frequency of visits, date, time and duration of visits, pages/areas accessed, search terms, clicks on content, files downloaded, originating website, user ID, IP address, log files, information about the end device used (device type, device ID/name, manufacturer, operating system, language, device settings, MAC address, etc.), cookie information and browser settings.

As a rule, there is no legal or contractual obligation to disclose personal data. However, we will have to collect and process personal data that is required for the establishment and management of the contractual relationship between you and us. Otherwise, we will not be able to conclude or continue the contract with you. Inevitably, we will also process certain data when you use our Online Services. The logging of certain data (but usually not personal data) cannot be prevented for technical reasons.

Under certain circumstances, you may wish or be required to provide us with personal data of third parties or to grant access to such data. We would like to point out that in this case you are obliged to inform the persons concerned (e.g. employees) about this Privacy Policy and its contents, to obtain the consent of the persons concerned if necessary and to ensure the accuracy of the personal data concerned.

We process your personal data for the following purposes:

• Processing of orders and contracts: This includes, in particular, the provision of the in particular, the provision of the Online Services, the maintenance of customer databases (including management of customer accounts), the administration and maintenance of the customer relationship, invoicing, customer communication and the operation of our technical infrastructure.
• Debt collection: This includes, in particular, the assertion of claims and the judicial enforcement of outstanding debts.
• Service quality: This includes, in particular, measures to ensure the quality and security of the Online Services, as well as technical troubleshooting and fault resolution.
• Customer support: This includes, in particular, answering questions and concerns, assisting with technical matters, delivering information (e.g., about new products and services or events) and providing general customer services (e.g., via e-mail or other forms of electronic communication).
• Marketing: This includes, in particular, the delivery of general and of tailored advertising based on your customer segment or customer profile and offers on our products and services and the products and services of selected business partners.
• Further development of products and services: This includes, in particular, the evaluation, improvement, further and new development of products, services, functions and customer interfaces, quality control and improvement of customer support, analysis and evaluation of the use of the Online Services to improve user-friendliness as well as statistical evaluation of customer behavior on the basis of anonymized customer data.
• Combating misuse: This includes, in particular, the detection, prevention and elimination of misuse of the Online Services or our infrastructure.
• Compliance with legal requirements: This includes, in particular, compliance with applicable laws and regulations or responding to requests from competent courts and authorities and asserting, exercising or defending legal claims.

The processing of personal data requires a legal basis. When processing your personal data, we rely on the legal basis of contract performance, legal obligations and/or the exercise of legitimate interests. In detail, this presents as follows:

We may disclose your personal data to recipients such as service providers, shareholders/investors, business partners, authorities and other third parties, in compliance with legal requirements. These include:

• Service providers : We may disclose your personal data to service providers whom we engage in the course of our business to perform customer-related, IT-related or administrative tasks on a contractual basis, such as IT service providers (in particular software providers, hosting providers, maintenance and support service providers, payment service providers, providers of webanalytics and cookie services, etc.), sales and cooperation partners, consultants (such as lawyers), banks and marketing service providers (e.g. for sending newsletters and other marketing measures). Such disclosure is generally limited to those personal data that are necessary for the provision of the services by these service providers.
• Third parties in the context of compliance with legal obligations : We may disclose your personal data to third parties when necessary or appropriate or as we deem appropriate to comply or verify compliance with applicable laws and regulations and to respond to requests from competent authorities to whom we are required to provide information about you and your personal data in accordance with applicable laws and regulations.
• Debt collection agencies : We may process your personal data for the purpose of engaging debt collection agencies and make it available to these agencies.
• Third parties in the context of combating misuse: We may disclose your personal data to third parties in connection with indications of unlawful use of services, provided that this is appropriate for the detection, prevention or elimination of fraudulent or improper use of the Online Services.
• Third parties in the context of corporate matters: We may disclose your personal data to our shareholders/investors for internal management purposes as part of our legitimate interests.

You acknowledge that, as part of the Online Services, some personal data will be visible to other users, in particular the personal data included in a Listing or a Community Idea (both terms as defined in the 'Terms of Use of Mindaru').

Upon request, we will provide you with a list of the third parties engaged, of their services used on the Online Services and of the personal data processed by such third parties. To do so, please contact us via the contact options listed in clause 10.

In connection with our reliance on foreign manufacturers, suppliers and subcontractors, personal data may also be processed in foreign locations. We endeavor to choose entities in Switzerland or the EU/EEA. However, data recipients may also be located outside Switzerland and the EU/EEA in so-called third countries that may not offer the same level of data protection as Switzerland or the EU/EEA. In such cases, we ensure adequate protection of your personal data by means of data transfer agreements based on standard contractual clauses approved, issued or recognized by the European Commission.

We have implemented appropriate technical and organizational measures to protect your personal data against unauthorized access and misuse by third parties. We ensure data security commensurate with the risk. These measures have been agreed with the third parties engaged by us (see clause 5 above).

We store and process your personal data for as long as this is necessary to achieve the purpose for which it was collected, as required or permitted by law, or as long as we have a legitimate interest in storing it (e.g., statutory retention obligations, evidence, security). After this period, we will delete or anonymize your personal data so that it can no longer be assigned to you.

Cookies: When you access our Online Services, small files (so-called cookies) are stored on your computer or mobile device. Cookies store information and settings about your browser and the data exchanged with our Online Services. When a cookie is activated, it is assigned an identification number (cookie ID) that identifies your browser and allows the information stored in the cookie to be used.

We use the following cookies:

• Essential cookies: Essential cookies (also called absolutely necessary cookies) enable essential core functions of the Online Services such as user login and customer account management. Without the essential cookies, the Online Services cannot be used properly.
• Functional cookies: Functional cookies (also called preference cookies) store visitor information and preferences (e.g., language, region, time zone) on the Online Services. This improves and simplifies the user's experience.
• Analytics cookies: Analytics cookies (also called performance cookies) collect information about how users interact with the Online Services. The collected information usually cannot be used to directly identify a specific visitor or user.
• Marketing cookies: Marketing cookies track visitors/users across Online Services and other online services (including those from other providers). They are used to profile interests, display relevant advertisements on various online services, measure ad success, and calculate fees for advertising partners.

Cookie duration: Temporary session cookies are automatically deleted from your device at the end of the browser session. Permanent cookies remain stored on your device for a period ranging from one month to ten years after the browser session ends, and are then automatically deactivated.

Information recorded by cookies: Usage data such as the date and time of accessing Online Services, the specific page or area accessed, the IP address of your computer or mobile device, the operating system in use, information about the originating website from which you accessed the Online Services, and tracking of functions or topics you are interested in on the Online Services.

A complete list of the cookies used on the Online Services is accessible via the cookie popup displayed when you visit or access the services.

Web analytics tools: We use web analytics tools to gather information about the use of the Online Services and to enhance the service offering. These tools are primarily provided by third-party companies. Information collected for this purpose, concerning the use of the Online Services, is transmitted to the third-party provider's server through the use of cookies. Depending on the third-party provider, these servers may be located abroad.

Prevention of cookies: Most internet browsers accept cookies by default. You can set your browser to not accept cookies, to accept only certain cookies, or to notify you before accepting a cookie from an online service. You can also delete cookies on your computer or mobile device using your browser functions. For instructions on how to prevent cookies through your browser settings, please visit allaboutcookies.org/ge.

You have the option to adjust your consent for cookies on our Online Services via the cookie popup.

If you choose not to accept cookies (either our own, our partners', or all of them), you may not see certain information on the Online Services and may not be able to use some features designed to enhance your visit/use.

If you have any questions or concerns, you can contact us as follows:

• By e-mail: hello@mindaru.com
• By mail: 140chapters LLC, Eggstrasse 45, 8102 Oberengstringen, Switzerland

You can contact our data protection officer or data protection advisor as follows:

• By e-mail: privacy@mindaru.com
• By mail: 140chapters LLC, DPO, Eggstrasse 45, 8102 Oberengstringen, Switzerland

You can contact our data protection representative in the European Union for questions related to EU data protection law as follows:

• By e-mail: info@datenschutzpartner.eu
• By mail: VGS Datenschutzpartner GmbH, Am Kaiserkai 69, 20457 Hamburg, Germany

You have, to the extent provided for according to the relevant applicable law (including the EU GDPR) and subject to the conditions set forth in applicable law, the following rights with respect to the processing of your personal data:

• Right to information: You have the right to obtain confirmation as to whether or not your personal data is being processed and, where that is the case, to request information about this processing, in particular about the purpose of processing, the categories of personal data, and the recipients or categories of recipients to whom the personal data has been or will be made available.
• Right to rectification: You have the right to rectify and/or complete your personal data processed by us.
• Right to erasure: You have the right to have your personal data erased, unless we are legally required to retain it or have an overriding interest in doing so. This right applies if:
  • the personal data is no longer required for the purposes pursued;
  • you have revoked your consent (if such consent has been given) and there is no other legal basis for processing;
  • you have effectively objected to the processing;
  • the personal data has been processed unlawfully.
• Right to restrict processing: You have the right to request the restriction of processing of your personal data if:
  • you dispute the accuracy of the personal data;
  • the processing is unlawful and you object to the erasure of the personal data and request the restriction of its use instead;
  • we no longer need the personal data for the purposes of processing, but you require it for the establishment, exercise or defense of legal claims.
  If processing has been restricted, such personal data will be segregated or marked and will only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest.
• Right to data portability: Under certain conditions, you have the right to receive your personal data in a structured, commonly used and machine-readable format and to have this data transferred to another company without hindrance, if this is technically possible.
• Right to object: You have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data, which will result in us no longer processing your personal data for such purposes. This right does not apply if we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or if the processing serves the establishment, exercise or defense of legal claims or the performance of a contract. You also have the right to object to the processing of your personal data for direct advertising purposes. If you object to processing for direct advertising purposes, we will no longer process your personal data for such purposes.
• Right to withdraw consent: If you have given us consent to process your personal data for one or more specific purposes, you have the right to withdraw your consent for one or more of those purposes. The withdrawal of consent does not affect the lawfulness of the processing carried out until the time of withdrawal.

You can assert your rights in writing. To do so, please contact us via the contact options listed in clause 10 above. Please send your request by mail or e-mail and enclose a copy of your identification document (e.g., identity card or passport) with your request.

We reserve the right to enforce restrictions mandated by law, in particular legal obligations to retain or process personal data or an overriding interest in doing so to assert, exercise or defend legal claims. Please note that exercising your data rights may conflict with existing contractual arrangements between you and us (e.g., regarding the provision of services). This may result in the premature termination of the contract or additional costs. We will inform you in advance if such consequences are to be expected.

You have the right to lodge a complaint with the competent supervisory authority if you believe that the processing of your personal data violates applicable data protection law. The competent supervisory authority is the supervisory authority in the member state of your habitual residence or where the alleged infringement occurred. The competent supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

We reserve the right to amend and supplement all parts of this Privacy Policy at any time and at our own discretion. The version published on our Online Services (mindaru.com) will apply in each case. We will inform you of these changes appropriately and in accordance with the requirements of applicable law.