1. Area of Application Data protection and data security are a matter of great importance for MIJOSA Consulting (hereinafter “MIJOSA”). Therefore, the protection of personal data during any business process is a priority to mijosa. The present Privacy Policy shall elucidate what data MIJOSA will receive during your visit to the MIJOSA Websites, and how and for what purpose such data will be used by MIJOSA. By using the mijosa Websites, you agree that MIJOSA may collect, process and use your data listed below for the purposes mentioned in the present Policy. At the same time, the present Privacy Policy shall form an integral part of the Terms of Use of MIJOSA. 2. Receipt of User Data User data shall be deemed to be any information and data, including content, that are entered, uploaded, posted, etc. by you via the mijosa Websites or compiled by mijosa on the basis of your use of the mijosa Websites and enables any identification of or is assignable to you. This shall include, but not be limited to, the following user data: Any information on you which is required for the creation of a user account for the use of the mijosa online services (i.e. name, location (address/headquarters), e-mail address, phone number). Moreover, you may communicate further information on you or third parties to mijosa. Such information shall be optional and shall be provided within the framework of your use of the mijosa online services and/or for the purpose of performing the respective agreement with mijosa. By your use of the mijosa Websites, mijosa will also be provided with information and data on your activities on the Websites (e.g. start and end of use, use of the different offers, login information) and on the devices used by you (network and communication data, IP address, cell phone number, Internet service, operating system, location), including finally information and data made accessible by you on the mijosa Websites. Under certain circumstances, corresponding information and data may also contain additional information and data (especially metadata or data obtained from partner companies of mijosa or from third-party companies). 3. Use of the User Data mijosa will process user data for the following purposes: a) to communicate with you; b) to make your use of the mijosa Websites easier, quicker and more practical; c) to fulfill the contractual obligations and provide a high quality of service; d) to maintain and foster customer relationships; e) to safeguard the operation and infrastructure of mijosa; f) for invoicing purposes; g) to design and develop the mijosa Websites appropriately. 4. Storage and Deletion of User Data mijosa will store the user data received in accordance with 2 and 3. The servers of mijosa are located in Switzerland. If you use mijosa from any location outside Switzerland, you shall agree that your user data will be stored and processed in Switzerland. You may at any time request information on the personal user data stored about you. You may likewise demand mijosa to modify, correct, block or delete your user data. As a general rule, mijosa will follow any corresponding request within three working days of any authenticated request. This shall be subject to the following exceptions: Any user data required to perform the contractual relationship shall not be deleted before the agreement has been fully terminated. If mijosa is obliged to store the user data on the basis of any statutory provisions, mijosa shall comply with such requirement. If there is any evidence that you have used the mijosa Websites and/or their information in any non-contractual or unlawful manner, the corresponding user data shall be deleted only if it is no longer required for the clarification of such evidence. If any user data is deleted by mijosa, it may continue to exist for a certain time in internal records and backups of mijosa. The records and backups of mijosa shall not make it accessible to third parties. mijosa will communicate any modification, correction, blocking or deletion of your user data to those third parties to whom mijosa has transmitted the user data affected by it. In case of any cancellation or permanent blocking of your account, the associated personal user data shall be deleted subject to the exceptions mentioned in the present clause 5. Cookies To focus the offers towards your needs in the best manner possible, mijosa uses so-called cookies in certain cases. A cookie is a small text file which is sent by the web server to your Internet browser and stored on your computer. Cookies do not cause any damage to your computer and do not contain any viruses. By using cookies, mijosa is able to recognize your computer the next time you visit the mijosa Websites and can thus ensure, for example, that any information already provided by you does not have to be repeated or that you are not required to log in again each time you visit them. mijosa shall explicitly not use any cookies to collect any information on your computer (so-called spyware) or to display any ads while you are not connected to the Internet or are surfing outside the mijosa Websites (so-called adware). mijosa also uses cookies and similar technologies to enable certain processes, services and transactions, e.g. if you are using any virtual shopping cart on any electronic marketplace. Within the scope of the mijosa Websites, cookies are also used to allow mijosa to recognize any user profile created within any registration process (login/password). You may dispense with the benefits of cookies. You can set your browser in such a way that a warning will be displayed before any cookie is stored or that the setting of cookies will become impossible altogether. You can also remove any cookies already set. However, mijosa points out that it may be possible in this case that you will not be able to fully use all of the functions of the mijosa Websites. 6. Web Analysis Tools For the purposes of ensuring the appropriate design and continuous optimization of its websites, mijosa uses Google Analytics, a web analysis service of Google Inc. 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (“Google”). In this connection, mijosa uses cookies. The information produced by the cookie on your use of the mijosa Websites, such as: a) browser type/version, b) operating system used, c) referrer URL (the previously visited site), d) hostname of the accessing computer (IP address), e) time of the server request, will be transmitted to the servers of Google Inc. in the USA and stored there. The information will be used to evaluate the use of the mijosa Websites, to compile reports on the Websites activities and to render further services associated with the use of the Websites and of the Internet for the purpose of market research and ensuring an appropriate design of the mijosa Websites. If need be, such information will also be transferred to third parties, provided that this is provided for by law or to the extent that any third parties process such data on behalf of mijosa. It will not be possible to associate the IP address with any other data related to the user in any case. The IP addresses will be anonymized, making any assignment impossible (IP masking). Additional information on the web analysis service used can be found on the website of Google Analytics. Instructions on how to prevent any processing of your data by the web analysis service can be found at http://tools.google.com/dlpage/gaoptout?hl=en. 7. Security and Protection of User Data mijosa shall take any technical and organizational measures required to protect your user data. The mijosa Websites shall be protected against any loss, destruction and manipulation as well as any access, modification or dissemination by any unauthorized individuals using appropriate technical and organizational measures. 8. Disclosure to Third Parties mijosa shall pass on your user data only if you have given your explicit consent, if any legal obligation exists to do so or if this is necessary to enforce the rights of mijosa, especially to enforce any claims from any contractual relationship. In addition, mijosa will pass on your user data to external and, if need be, service providers located outside Switzerland if this is necessary to perform the agreement. Such service providers shall exclusively use your data for the processing of orders and not for any other purposes. In this context, mijosa shall ensure by contract with the respective data recipient that the data protection laws will be observed and that data security will be guaranteed. Any user data shall be passed on by mijosa to any government institutions and public authorities only on the basis of a legal obligation. 9. Hyperlinks The websites and marketing e-mails of mijosa may contain links to offers of third-party providers. mijosa has no influence over how the providers of the linked websites treat user data. If you have any questions on this subject, please feel free to contact such third parties directly. mijosa shall not assume any responsibility and liability for any non-compliance with the data protection regulations by any providers of linked websites. 10. Final Provisions If any provision of the present Privacy Policy is or becomes ineffective or if the agreement contains any loophole, this shall not affect the legal effectiveness of the remaining provisions. The lacking or ineffective provision shall be deemed to be replaced by another provision, which shall come closest to the initially intended, economic purpose pursued by the parties. If mijosa sells the rights to its websites, your user data may form part of the sale or transfer if the acquirer likewise complies with the present Privacy Policy. mijosa may modify the present Privacy Policy at any time as an adjustment of the Terms of Use. 11. Place of Jurisdiction and Applicable Law The regulations of the Terms of Use shall apply. 12. Contact If you have any questions regarding data protection on the mijosa Websites, wish to request any information or the deletion of your data, please contact privacy@mijosa.ch.
