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Privacy Policy

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Apliqo Ltd is hereinafter referred to as "Apliqo” or “Controller” (as defined below). It stipulates how Apliqo processes personal data of its Customer (as defined below), whether these personal data are provided by the Customer or by a third party under the Agreement.

1. Definitions

1.1 This Privacy Policy is based on the terms used by the Swiss Federal Act on Data Protection (SR 235.1 (“FADP”)) and the European General Data Protection Regulation (EU 2016/679 (“GDPR”)).

“Consent” is any freely given, specific, informed and unambiguous indication of the Customer’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the Processing of Personal Data relating to him or her.

“Controller” is Apliqo which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.

“Customer” means Apliqo’s customer under the Agreement, incl. its employees or users of the Solutions (referred to as Authorised Users in the Apliqo End User Agreement); i.e. the Data Subject.

“Data Protection Laws” means the Swiss FADP and/or the European GDPR.

“Data Subject” is an identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Personal Data” means any information relating to a Customer who is an identified or identifiable natural person.

“Processing” is any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

“Processor” is a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of Controller.

“Profiling” means any form of automated Processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

“Recipient” is a natural or legal person, public authority, agency or another body, to which Personal Data are disclosed, whether a Third Party or not. However, public authorities which may receive Personal Data in the framework of a particular inquiry in accordance with Data Protection Laws shall not be regarded as Recipients; the Processing of those data by those public authorities shall be in compliance with the applicable Data Protection Laws according to the purposes of the Processing.

“Restriction of Processing” is the marking of stored Personal Data with the aim of limiting their Processing in the future.

“Solutions” shall mean the products and services delivered under the Agreement.

“Third Party” is a natural or legal person, public authority, agency or body other than the Customer, Controller, Processor and persons who, under the direct authority of Controller or Processor, are authorized to process Personal Data.


2. Name and address of the Controller

2.1 Controller of Personal Data processed hereunder is:

Apliqo AG
Witikonerstrasse 15
8032 Zurich
Switzerland
Phone: +41 44 552 05 84
Email: privacy@apliqo.com
Website: www.apliqo.com


3. Collection of Personal Data

3.1 All Personal Data collected during the term of the Agreement, which are protected either by the Swiss FADP or the European GDPR, will be used for delivering the Solutions and fulfilling the Agreement, unless, in particular pursuant to this Privacy Policy, Consent to further use of Personal Data has been granted or the Data Protection Laws permit such further use.

3.2 Collection may include (1) master data (name, e-mail, user identification, etc.), (2) the browser type; (3) device type and screen resolution; (4) operating system used by the accessing system, (5) date and time of access to, and use of, the Solutions, (6) Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on Apliqo’s information technology systems.

3.3 Personal Data are needed (1) to evaluate, conclude and perform transactions with the Customer, (2) to deliver the Solutions for fulfilment of the Agreement, (3) to ensure the long-term viability of the information technology systems with regard to the Solutions, (4) for billing purposes, (5) for contacting Customer with regard to information requested (e.g. newsletter or other marketing purposes), and (6) provide law enforcement authorities with the information necessary, as the case may be.

3.4 Controller analyzes anonymously collected data and information statistically, with the aim of increasing its data protection and data security, and to ensure a legal level of protection for the Processing of Personal Data. The anonymous data of the server log files are stored separately from all Personal Data provided by a Customer.


4. Routine erasure and blocking of personal data

4.1 Controller shall process and store Personal Data only for the duration of the Agreement or for any period necessary to achieve legal requirements, e.g. for bookkeeping or audit purposes, or for procedural reasons (e.g. court proceeding).


5. Processors

5.1 Within the purpose of this Privacy Policy, Controller may have Personal Data Processed by its employees, contractors, or freelancers, its group entities (and their employees, contractors or freelancers), or other Processors (e.g. companies that operate its information technology) as Recipients. If Controller commissions its group entities or other Processors with the Processing of Personal Data, the Processors have been or will be carefully selected and must take appropriate security measures to guarantee the confidentiality and security of Personal Data.

5.2 Controller and Processors may process Personal Data abroad, i.e. in European or non-European countries. The contractual terms are based on the standards of the European Commission (also recognised in Switzerland) according to Article 16(2) lit. d in combination with Article 19(4) FADP (Transfer Abroad and Guarantees; corresponding to Articles 13(1) lit. f and 14(1) lit. f in combination with Article 46(2) lit. c GDPR).

5.3 In addition to appropriate intra-group agreements with its group entities, Controller currently has appropriate data protection agreements in place with the following Processors:

  • Amazon Web Services, USA: Web hosting, cloud platform;

  • IBM Switzerland AG, Switzerland: Software and SaaS provider;

  • Microsoft, Inc., USA: Microsoft 365 and Microsoft Teams;

  • Salesforce Inc, USA: Customer Relationship Managmement (CRM)

5.4 Customer explicitly Consents to Personal Data being transferred by Controller to Processors in countries without adequacy decision by the Swiss Federal Data Protection and Information Commissioner or the European Commission. Such countries might include Australia and USA. This means the Personal Data transferred to such countries is not safeguarded in the same way, and does not provide for the same rights, as under the FADP and/or GDPR. The data protection risks from such transfer might occur due to 50 U.S.C. §1881a (aka FISA 702) of the CLOUD Act (Clarifying Lawful Overseas Use of Data Act). Customer further agrees that the transfer to such countries is necessary and in the interest of Customer for performance of the Solutions.


6. Subscription to the newsletters

6.1 When accessing and using the Solutions, if content from third party providers’ is displayed as part of the Solutions, a connection to the servers of the third party provider is automatically established. Personal Data about the Customer’s visit to the Solutions, in particular the IP address, will be transmitted to this third party provider. Therefore, if signed in to that third party’s account at the time the Solutions is visited (for example, with a Facebook or Google account), that third party may detect the access to the Solutions. Customer authorises Controller to share this information with the Third Party that hosts Customer’s third party account.

6.2 Please note that the information regarding the purpose and scope of Processing by such Third Parties, as well as the rights and setting options, are provided by such Third Parties.


7. Rights of the customer

7.1 If the Customer wishes to avail itself to any of the following rights, it may, at any time, contact Controller.

7.1.1 Right of confirmation

Each Customer shall have the right granted by the Data Protection Laws to obtain from Controller the confirmation as to whether or not Personal Data are being processed.

7.1.2 Right of access

Each Customer shall have the right granted by the Data Protection Laws to obtain from Controller information about Personal Data stored at any time and a copy of this information:

  • the purposes of the Processing;

  • the categories of Personal Data concerned;

  • the Recipients or categories of Recipients to whom Personal Data have been or will be disclosed, in particular Recipients in third countries or international organizations;

  • where possible, the envisaged period for which Personal Data will be stored, or, if not possible, the criteria used to determine that period;

  • the existence of the right to request from Controller rectification or erasure of Personal Data, or Restriction of Processing of Personal Data, or to object to such Processing;

  • the right to lodge a complaint with a supervisory authority;

  • where Personal Data are not collected from the Customer, any available information as to their source;

  • the existence of automated decision-making, including Profiling, and any meaningful information about the logic involved, as well as the significance and envisaged consequences of such Processing for the Customer.

Furthermore, the Customer shall have a right to obtain information as to whether Personal Data are transferred to a third country or to an international organization. Where this is the case, the Customer shall have the right to be informed of the appropriate safeguards relating to the transfer.

7.1.3 Right to rectification

Each Customer shall have the right granted by the Data Protection Laws to obtain from Controller without undue delay the rectification of its inaccurate Personal Data. Taking into account the purposes of the Processing, the Customer shall have the right to have incomplete Personal Data completed, including by means of providing a supplementary statement.

7.1.4 Right to erasure (Right to be forgotten)

Each Customer shall have the right granted by the Data Protection Laws to obtain from Controller the erasure of its Personal Data without undue delay, and Controller shall have the obligation to erase Personal Data without undue delay where one of the following grounds applies, as long as the Processing is not necessary:

  • Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

  • The Customer withdraws Consent to which the Processing is based and where there is no other legal ground for the Processing.

  • The Customer objects to the Processing and there are no overriding legitimate or legal grounds.

  • Personal Data have been unlawfully Processed.

  • Personal Data must be erased for compliance with a legal obligation in the Data Protection Laws to which Controller is subject.

If one of the aforementioned reasons applies, and a Customer wishes to request the erasure of Personal Data stored by Controller, Customer may, at any time, contact Controller. Controller shall promptly ensure that the erasure request is complied with.

Where Controller has made Personal Data public and is obliged to erase Personal Data, Controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers Processing Personal Data that the Customer has requested erasure by such controllers of any links to, or copy or replication of, those Personal Data, as far as Processing is not required. Controller will arrange the necessary measures in individual cases.

7.1.5 Right of Restriction of Processing

Each Customer shall have the right granted by the Swiss or European legislator to obtain from Controller Restriction of Processing where one of the following applies:

  • The accuracy of Personal Data is contested by the Customer, for a period enabling Controller to verify the accuracy of Personal Data.

  • The Processing is unlawful and the Customer opposes the erasure of Personal Data and requests instead the restriction of their use instead.

  • Controller no longer needs Personal Data for the purposes of the Processing, but they are required by the Customer for the establishment, exercise or defence of legal claims.

The Customer has objected to Processing GDPR pending the verification whether the legitimate grounds of Controller or legal grounds override those of the Customer.

7.1.6 Right to data portability

Each Customer shall have the right granted by the Swiss or European legislator, to receive Personal Data, which was provided to Controller, in a structured, commonly used and machine-readable format. The Customer shall have the right to transmit (have transmitted, where technically feasible) those Personal Data to another controller without hindrance from Controller to which Personal Data have been provided, where (i) the Processing is based on Consent or on a contract, and (ii) the Processing is carried out by automated means. This right does not apply to the Processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in Controller.

7.1.7 Right to object

Each Customer shall have the right granted by the Data Protection Laws to object, on grounds relating to its particular situation, at any time, to Processing of its Personal Data.

Controller shall no longer process Personal Data in the event of an objection, unless it can demonstrate compelling legitimate or legal grounds for the Processing which override the interests, rights and freedoms of the Customer, or for the establishment, exercise or defence of legal claims.

If Controller processes Personal Data for direct marketing purposes, the Customer shall have the right to object at any time to Processing of Personal Data for such marketing. This applies to Profiling to the extent that it is related to such direct marketing. If the Customer objects to the Processing for direct marketing purposes, Controller will no longer process Personal Data for these purposes.

In addition, the Customer has the right, on grounds relating to its particular situation, to object to Processing of Personal Data by Controller for scientific or historical research purposes, or for statistical purposes, unless the Processing is necessary for the performance of a task carried out for reasons of public interest.

7.1.8 Automated individual decision-making, including Profiling

Customer shall have the right granted by the European legislator not to be subject to a decision based solely on automated Processing, including Profiling, which produces legal effects concerning it, or similarly significantly affects it, as long as the decision (1) is not is necessary for entering into, or the performance of, the Agreement, or (2) is not authorized by Swiss, Union or Member State law to which Controller is subject and which also lays down suitable measures to safeguard the Customer’s rights and freedoms and legitimate interests, or (3) is not based on the Customer’s explicit Consent.

If the decision (1) is necessary for entering into, or the performance of the Agreement, or (2) it is based on the Customer’s explicit Consent, Controller shall implement suitable measures to safeguard the Customer’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of Controller, to express his or her point of view and contest the decision.

7.1.9 Right to withdraw data protection Consent

Customer shall have the right granted by the Swiss or European legislator to withdraw his or her Consent to Processing of his or her Personal Data at any time.


8. Legal basis for the Processing

8.1 Article 31(1) FADP (Consent of the Customer; corresponding to Article 6(1) lit. a GDPR) serves as the legal basis for Processing operations for which Controller obtains Consent for a specific Processing purpose. If the Processing of Personal Data is necessary for the performance of the Agreement, for example, when Processing operations are necessary for the provision of the Solutions or to provide any other service, the Processing is based on Article 31(2) lit. a FADP (Processing directly related to the conclusion, or the settlement, of a contract; corresponding to Article 6(1) lit. b GDPR).

8.2 The same applies to such Processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning the Solutions. If Controller is subject to a legal obligation by which Processing of Personal Data is required, such as for the fulfilment of tax obligations, the Processing is based on Article 31(1) FADP (Obligation to process by law; corresponding to Article 6(1) lit. c GDPR). Controller reserves the right to store Personal Data pursuant to Article 31(1) FADP (Legitimate interest; corresponding to article 6(1)(f) GDPR) if, based on misuse, non-payment, or similar legitimate reasons, to refuse concluding any future contracts with Customers, or to conduct legal proceedings.

8.3 Finally, Apliqo group entities may also process Personal Data pursuant to Article 31(1) FADP; corresponding to Article 6(1) lit. f GDPR, e.g. to carry out business in favour of the well-being of all its employees and the shareholders.


9. Period for which Personal Data will be stored

9.1 The criteria used to determine the period of storage of Personal Data is the respective statutory retention period. After expiration of that period, the corresponding Personal Data is routinely deleted, as long as it is no longer necessary for the fulfilment of the Agreement or the initiation of a new contract or legitimate interests.


10. Statutory or contractual requirements

10.1 The provision of Personal Data is partly required by law (e.g. tax regulations) or can also result from the Agreement (e.g. information on the contractual partner).

10.2 The non-provision of Personal Data would have the consequence that the Agreement could not be concluded or fulfilled.


11. Existence of automated decision-making

11.1 Controller does not use automatic decision-making or Profiling.


12. Severability and changes

12.1 If any provision of this Privacy Policy is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired as long as the intent of Controller and Customer can be preserved.

12.2 Due to the further development of the Solutions and offers or due to changed legal or official requirements, it may become necessary to change this data protection declaration. Customer will be informed about the changes.


13. Applicable law and place of jurisdiction

13.1 This Privacy Policy is governed by the applicable law of the Agreement, unless the applicable law of another country is applies mandatorily pursuant to the Data Protection Laws. The place of jurisdiction is according to the Agreement, unless a different place of jurisdiction applies mandatorily pursuant to the Data Protection Laws.