Data Privacy

1. General

We at PartnerVine GmbH (“PartnerVine”) value your privacy and are committed to take care of your data, and we take this responsibility very seriously. Please take the time to carefully read our Privacy Policy, which explains why we collect your Personal Data and how we process it when you:

• visit our Platform (see, in particular, Section 3.1),
• express an interest in our Services (see, in particular, Section 3.2),
• are using the Platform as a Registered User or Member (see, in particular, Section 3.3),
• are our Supplier or Business Partner (see, in particular, Section 3.4), or
• apply for a position with us (see, in particular, Section 3.5).

2. Definitions

Unless otherwise indicated, capitalized terms used in this Privacy Policy are defined in Annex 1. Most of the definitions are derived from the General Data Protection Regulation (GDPR) which you can access at https://eur-lex.europa.eu/eli/reg/2016/679/oj.

3. How do we process your Personal Data

We process your data in different ways depending on whether you visit our website or express an interest in our Services, or whether you are our client, supplier, business partner or job applicant:

3.1 Processing of Personal Data relating to visitors of our Platform

You can visit the Platform without having to provide personal details.

We store access data in "server log files" such as the name of the requested file, date and time of retrieval, transferred data quantity and the requesting provider. This data is exclusively evaluated to ensure smooth operation of the website and to improve our offer and prevent us from tracing the data back to you.

Like many other websites, we use so-called “cookies”. Cookies are small files that are stored on your device (laptop, tablet, smartphone, etc.) when you visit our Platform. Please find a detailed list of all cookies we use in our Cookie Policy.

In our Cookie Policy we inform you furthermore on the processing of your Personal Data when you visit the Platform.

3.2 Processing of Personal Data relating to potential Customers

Purpose and legal basis

When you contact us to inquire about our Services, we process the Personal Data you include in such a message, especially the contact form on our website (https://www.partnervine.com/), in emails or collected during phone calls to answer and process your inquiry in a precontractual situation. Such processing is necessary for Contract Performance in order to take steps at your request prior to entering into a contract. Contract Performance is also the purpose of any processing of your Personal Data when you create an account in order to use our service.

If you subscribe to our newsletter, we will use the Personal Data required for this or the Personal Data disclosed separately by you in order to send you our email newsletter with your consent. Unsubscribing from the newsletter is possible at all times and this can be done by either sending a message or via a designated link in the newsletter. We are entitled to contract third parties for the technical handling of promotional activities and to forward your data for this purpose.

Furthermore, we process your Personal Data provided with an inquiry for Direct Marketing purposes to convert a potential client into an actual client. Such processing is based on a Legitimate Interest.

Personal Data processed

We mainly process the Personal Data which you provide us during a precontractual phase. For all Personal Data we collect from other sources please have a look at Section 4.

We collect:

• First name Surname
• Company name
• Date of birth
• Address (business)
• Billing address
• Web address
• Email address
• Telephone number
• Position
• Branch
• Customer number
• Type of customer
• Contact details
• Contact history
• Appointment data
• Other Personal Data you include in a free text field
• Browser type, type of device, screen size, internet service provider and operating system
• Referring (exit pages and URLs)
• Number, duration and time of visits (your interaction with the Website)
• Search engines, keyphrases and keywords used to find our site
• IP Address, IP location and Domain name

Recipients

To achieve the objectives described above, it may be necessary to disclose your Personal Data to the following Recipients in certain cases. Personal Data may be disclosed by being transferred, disseminated, or provided by other means to:

Retention period

The Personal Data will be managed according to statutory requirements for companies in Switzerland.

Personal Data collected for purposes related to Contract Performance shall be retained until such contract has been fully performed.

>We may be allowed to retain Personal Data for a longer period whenever you have given consent to such processing (e.g. subscription to our newsletter), as long as such consent is not withdrawn. Furthermore, we may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

3.3 Processing of Personal Data relating to Users/Members

3.3.1 Processing of Personal Data when registering for an Account

Purpose and legal basis

You may access the Platform without a registration. Certain functions on the Platform, such as sharing reviews with other users or ordering / requesting legal services, such as legal documents, provided on the Platform, are, however, solely applicable to registered Users. Members may also solely upload content, in particular legal documents, after registration.

By entering your Personal Data when creating an account, you agree to their processing.

Personal Data processed

We may collect the following personal data when you register:

• Information on whether you are a private or a company user
• Gender
• First Name and Last Name
• If a company, Company Name, Department and business identification number/VAT number
• Address (private address or company address)
• E-Mail Address
• Password

You can review and change the account information at any time. In addition, you can request the complete deletion of your account.

3.3.2 When using the Platform as Registered User/Member

Purpose and legal basis

When a registered User/Member logs in and uses the Platform, we collect data for statistical reasons and in order to enable the seamless functioning of the Platform.

Personal Data processed

We collect the following data in particular:

• the type, frequency and intensity of the Platform use;
• the duration of your membership.

3.3.3 When Upload Content as User

Users may rate and review the legal services provided on the Platform. Such a review and rating are voluntarily.

Purpose and legal basis

When providing a rating and a review the user consents that the respective rating and review is displayed on the Platform and may be read by other Platform users. Furthermore, the User consents that we may use certain review statements for marketing purposes in our various marketing channels. Permitted content for such reviews and your responsibility as User for the uploaded content is dealt with in the Terms of Use for the Platform.

Personal Data processed

If a User wants to rate and review a legal service, he must provide the following data:

• Name
• E-Mail-Address

Unless you notify us that you object, we will display the full name of the reviewer.

Users who upload content on the Platform acknowledge that the respective information may be accessed from countries that do not have the same data protection standards as Switzerland or their home country.

3.3.4 When Providing Content as a Member

As a Member you may upload legal documents, information about legal services and any other information (hereinafter “Member Content”) on the Platform (see further detail regarding the uploading of Member Content in the Content Agreement).

Purpose and legal basis

We will use the Member Content and the respective information and Personal Data solely for listing the respective legal services on the Platform. When uploading content, Members consent that the respective Member Content, information and Personal Data is displayed on the Platform. Furthermore, Members consent that PartnerVine may display and communicate the respective Member Content in any of our communication channels, including social media, for the promotion and marketing of the Platform and the offer of the Member. If a Member wants to exclude the distribution of the Member Content in a specific communication channel, he must notify PartnerVine accordingly.

Furthermore, we will analyse the Member Content-related data in order to know what kind of legal documents are sold and by whom. If possible, we will collect and analyse this information on an aggregated basis.

Personal Data processed

Members must mandatorily open a Member Account. The information to be provided for the account opening is identical to the information collected from users when registering a user account (see section 3.3.1 above). However, we may ask Members to provide additional information, such as bank account information.

If a Member wants to list a legal service on the Platform, he must provide specific information about the service, contact address, price, general terms and conditions, additional provisions regarding the right to use legal documents, delivery deadline, pictures, videos with additional information about the legal service or the use of a legal document, etc. Further information regarding the upload of Member Content can be found in the Content Agreement.

Apart from the above mentioned data processing, the other provisions in this Privacy Policy apply to the use of the Platform by Members.

3.3.5 When Providing Content for Advertisments

If agreed upon between PartnerVine and the respective Member, Members may place advertisements for their business on the Platform. Further information about permitted content of such advertisements is set forth in the Content Agreement.

Purpose and legal basis

The information provided by the Member in connection with the advertisement is processed by PartnerVine solely for the purpose of performing the services in connection with the advertisement.

The respective Member grants PartnerVine the right to integrate the advertisement in the Platform or to display and communicate the advertisement in any other way agreed upon between the parties. PartnerVine is permitted to process the information and Personal Data provided by the Member for that purpose.

Unless otherwise notified in this Data Privacy Policy, PartnerVine will not sell or disclose the personal data of the advertising Member to third parties.

Members who place advertisements on the Platform acknowledge that the respective information may be accessed from countries that do not have the same data protection standard as Switzerland.

Personal Data processed

Information about permitted content of such advertisements is set forth in the Content Agreement.

Apart from the above mentioned data processing, the other provisions in this Data Privacy Policy apply when Members place advertisements on the Platform.

3.3.6 Purchasing and accessing legal Products on PartnerVine

Purpose and legal basis

If a User wants to purchase a legal Product on the Platform, Personal Data is collected in order to complete the purchase. Unless otherwise provided in this Privacy Policy, the respective Personal Data is only used in order to perform the contract, namely in order to provide you with the Services requested or in order to process your orders, deliver the ordered documents, provide after-sale services, and process and ensure the proper payment

Personal Data processed

A User has to register with PartnerVine (see Section 3.3.1above) and provide payment information. We collect your login date when you purchase as well, in order to manage your purchases and send you timely reminders.

Apart from your credit card data, which is collected by an approved third party payment services provider and not processed by PartnerVine, your data is stored for your next purchase in your user account.

In connection with your orders, the processing of such orders, and the provision of requested services, we collect, store and process, in addition to personal data already collected when you register for a user or member account or when you use the Platform as registered user or member, the following data:

• Information regarding your Products, and
• Data regarding your order, license and payment pattern.

3.3.7 Automated Legal Documents

The services provided on the Platform to the Users may include automated legal documents. Automated legal documents allow the User to generate a legal document himself or to have a substantial influence on the content of the legal document. The documents are generally generated by a link to software implemented either on the Platform or on a third party's server.

Automated legal documents require the User to answer certain questions about specific contract issues or to provide specific information, such as the desired warranty etc.

Unless set forth otherwise, the automated legal documents are provided by third party legal service providers and the personal data and other information to be provided by the User is stored on servers operated by or on behalf of the respective legal service provider, with a copy held by PartnerVine so that you can pick up where you left off in the event you are disconnected from the server.

When a User chooses an automated legal document, the User will be directed from the Platform to the IT environment of the legal service provider. We are then no longer in control of the Processing and are not responsible for the Processing of those third parties. The data privacy policy of the third party legal service provider will apply to the Processing in connection with such automated legal documents.

Apart from the above mentioned Processing directly connected to the generation of legal documents by Users themselves, the other provisions in this Privacy Policy apply.

3.3.8 Recipients

To achieve the objectives described above, it may be necessary to disclose your Personal Data to the following Recipients in certain cases. Your personal data will only be disclosed to third parties with your express consent, if required by law or if required in order to assert our rights and in particular claims resulting from the contractual relationship.

In addition, we will forward your data to third parties, in particular to Members who provide the legal services ordered by you, to the extent required for the use of the Platform and the contract performance, namely for the processing of your orders, for facilitating the delivery of the ordered documents and the payments, for the provision of requested services, and for the analyzing of your user, order, and payment patterns. The use of the disclosed data by third parties is strictly limited to these mentioned purposes.

Finally, we have engaged Datatrans AG, Zurich, to act on our behalf as payment service provider for credit card transactions. Datatrans AG specializes in secure transactions online and manages the collection of credit card information on our behalf. As part of that process, we (or Datatrans AG on our behalf) disclose your credit card information to your credit card acquirer and issuer in order to provide credit card payment options for your purchases on the Platform. If you choose to pay with credit card, you will be asked to enter mandatory information. Regarding the processing of your credit card information by those third parties, please also check the terms and conditions and data privacy statements of your credit card issuer.

Hence, Personal Data may be disclosed by being transferred, disseminated, or provided by other means to:

3.3.9 Retention period

As required by Swiss law, all Data necessary for our general company records, tax purposes, especially contracts, invoices and other bookkeeping documents as well as relevant correspondence in relation to our contractual relationship, we store for a period of at least ten years. Login and logout data of visitors to our website are kept for at least one year.

3.4 Processing of Personal Data relating to business partners

Purpose and legal basis

Your Personal Data is processed, first and foremost, for the purpose of Contract Performance regarding PartnerVine’s Services. This includes providers of services that are integrated in PartnerVine’s Services. The purpose of processing your Personal Data is the performance of our legal relationship.

Processed Personal Data

We mainly process the Personal Data you provide us with. For all Personal Data we collect from other sources please have a look at Section 4.

We collect:

• Name
• E-mail address and other contact details
• Employment
• Role and function in the company
• Business activity

If your company details include a name of an individual, we may be required that you provide us with your Personal Data to enable us to enter into a business relationship with you.

Recipients

To achieve these desired objectives, it may be necessary to disclose your Personal Data to the following Recipients in certain cases. This includes platforms regarding the support of our dealer network to collect dealer contact info and user data for purposes of servicing the account. Personal Data may be disclosed by being transferred, disseminated, or provided by other means to:

Retention period

As required by Swiss law, all Data necessary for our general company records, tax purposes, especially contracts, invoices and other bookkeeping documents as well as relevant correspondence in relation to our contractual relationship, we store for a period of at least ten years. Login and logout data of visitors to our website are kept for at least one year.

3.5 Processing of Personal Data relating to applicants

Purpose and legal basis

We process your Personal Data:

• to take steps prior to entering into a contract (conclusion of an employment agreement),
• on the basis of your explicit consent if we would like to keep your application on file for future consideration,
• and/or to fulfil our legal obligations (for instance, registering you as an employee in the social security system).

Your Personal Data are processed for the purpose of completing the application process. If you do not provide us with your Personal Data, we cannot process your application.

Processed Personal Data

We mainly process the Personal Data you provide us with. For all Personal Data we collect from other sources please have a look at Section 4.

We collect:

• Name
• E-mail address and other contact details
• Employment
• Role and function in the company
• Business activity

Retention period

The Personal Data of applicants who are not hired will be erased 12 months after the closure of the application. If the applicant consents to their Personal Data being kept on file for future consideration, we do not delete such Personal Data.

4. Collection of Personal Data from sources other than the Data Subject himself or herself (Art 14 GDPR)

4.1 General

Purpose and legal basis

If we process your Personal Data we usually collect Personal Data from you, and it is usually you who provides us with this Personal Data. Nevertheless, in individual cases, we may also obtain Personal Data from other sources or publicly available sources, such as information we obtain from the Internet.

This Processing is based on our Legitimate Interest in a complete set of Personal Data required for professional communication, Contract Performance, our business relationships and the application process, depending on the relationship we have with you.

Processed Personal Data

The Personal Data we obtain from third sources about you which is stored in our systems is limited to:

• contact information (e-mail address and telephone number, postal address)
• your function in the company
• your professional career
• and your assignment to or responsibility for a particular company (usually your employer, any affiliated company or for another reason with this related company)
• credit risk assessment data

if you have not disclosed that information to us as part of the communication.

4.2 Application

If you are an applicant, we can also process the following information about you from publicly available sources:

• your education,
• professional and academic career
• publications written by you

However, we usually ask you directly if you can provide us with this information if we could not find it in your application documents.

4.3 Credit Risk Assessment

In the case that we pay costs in advance (“Prepayment”), such as is the case with a payment by invoice, we may request a credit risk assessment on the basis of mathematical and/or statistical calculations with a credit assessment agency in order to protect our legitimate interests. For this purpose we disclose the Personal Data necessary for such an assessment to an agency. We will use the information about the statistical probability of a payment default obtained by that agency for a balanced decision on the execution, performance or termination of the contract with you. The credit risk assessment may include probability values (score values) that were calculated based on scientifically accepted mathematic-statistical methods. For the calculation of the score values your name and address are used amongst other data. Your legitimate interests will be taken into consideration pursuant to and to the extent required by the applicable laws.

5. Data security

We use suitable technical and organizational security measures to protect your Personal Data stored by us against tampering, partial or complete loss and unauthorized access by third parties. Our security measures are subject to continuous improvements in line with technological developments.

If you are registered as a user or member, the access to your account will only be permitted with your personal password. You should always keep your account details and your payment information confidential and close the browser window as soon as you terminate the communication with our Platform, in particular if you do not access our Platform with your own personal computer or if you share access to the computer with another person.

We also take the protection of our internal business data seriously. We have obligated our staff and contracted third-party service providers to maintain confidentiality and observe our data protection policy.

When handling Personal Data, our employees are obliged to comply with the regulations of the GDPR and the UK-GDPR.

6. What are your rights with respect to Processing of Personal Data?

6.1 Rights under GDPR and UK-GDPR.

GDPR, the UK-GDPR and other applicable data protection laws protect certain rights for Data Subjects. In particular:

Right of Access - right to obtain confirmation of which of your Personal Data is processed and information about it, for instance, which are the purposes of the Processing, what are the conservation periods, among others.

Right to Erasure or "right to be forgotten" - right to erase your Personal Data, provided that there are no valid grounds for its retention, for example in cases where we have to keep the Personal Data to comply with legal obligation or because a court case is in progress.

Right to Data Portability - right to receive the Personal Data you have provided us in a digital format of current use and automatic reading or to request the direct transmission of your Personal Data to another entity that becomes the new responsible for your Personal Data, however only if technically possible.

Right of Rectification - right to request modification of your Personal Data that is inaccurate or request incomplete Personal Data, such as the address, VAT, email, telephone contacts, or others.

Right to Withdraw Consent or Right of Opposition - right to object or withdraw consent at any time to Processing, for example in the case of Processing for marketing purposes, provided that no Legitimate Interests exist prevailing over your interests, rights and freedoms, such as defending a right in a judicial process.

Right of Limitation - right to request the limitation of the Processing of your Personal Data, in the form of: (i) suspension of Processing or (ii) limitation of the scope of Processing to certain categories of Personal Data or purposes of Processing.

Right to object and ADM - When the Processing of Personal Data, including the Processing for the definition of profiles, is exclusively automatic (without human intervention) and may have effects in your legal sphere or significantly affect it, you shall have the right not to remain subject to any decision based on such automatic Processing, except as otherwise provided by law and shall have the right that we take appropriate measures to safeguard its rights and freedoms and legitimate interests, including the right to have human intervention in decision making by us, the right to express its point of view or contest the decision taken on the basis of automated individual information Processing.

Right to complain - right to complain to the supervisory authority, in addition to us.

For rights asserted by Data Subjects from the EU under the GDPR as well as by Data Subjects from the UK under the UK-GDPR the period for handling a request is 30 days unless it is a particularly complex request.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

7. Changes to our data protection provisions

We reserve the right to modify this Privacy Policy, so it is always in compliance with the current legal requirements or to implement changes to services in the Privacy Policy, e.g., when introducing new services. In this case, your future visits to our website will be subject to the updated Privacy Policy.

8. Contact Information

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data, your choices and rights regarding such use please do not hesitate to contact us.

The best way to contact us is by email. If you wish to get in contact with us, please use the contact details below:

Email:
dataprotection@partnervine.com

Telephone:
US & Canada: +1 646 583 0621
Switzerland: +41 44 586 0076
UK & Worldwide: +44 20 7193 7070

Mail:
PartnerVine GmbH
Attn: Data Protection Officer
Lavaterstrasse 97
8002 Zurich
Switzerland

Our GDPR representatives. As we are a Swiss company, we have appointed GDPR representatives for both the EU and the UK. Our GDPR representatives are:

If you are resident in the EU or UK, you can contact our GDPR representatives here: https://prighter.com/q/17891288362.

Annex 1: Definitions