Data Protection Statement of DocNet

Version effective as of 01.05.2024

With this Data Protection Statement we, DocNet (hereinafter DocNet, we or us), describe how we collect and further process personal data. This Data Protection Statement is not nec-essarily a comprehensive description of our data processing. It is possible that other data protection statements are applicable to specific circumstances.
The term “personal data” in this Data Protection Statement to shall mean any information that identifies, or could reasonably be used to identify any person.
If you provide us with personal data of other persons (such as family members, work col-leagues), please make sure the respective persons are aware of this Data Protection State-ment and only provide us with their data if you are allowed to do so and such personal data is correct.
This Privacy Notice is aligned with the EU General Data Protection Regulation («GDPR»), the Swiss Data Protection Act («DPA») and the revised Swiss Data Protection («revDPA»). However, the application of these laws depends on each individual case.

1. Controller / Data Protection Officer / Representative

The “controller” of data processing as described in this data protection statement (i.e. the responsible person) is Andreas Oesinghaus, President DocNet (Dufourstrasse 50, 9000 St. Gallen). You can notify us of any data protection related concerns using the following contact details: Verein DocNet, Dufourstrasse 50, 9000 St. Gallen; board@docnet-hsg.ch.

2. Collection and Processing of Personal Data

We primarily process personal data that we obtain from our members and other business partners as well as other individuals in the context of our membership relationship with them or that we collect from users when operating our websites, and other applications.
Apart from data you provided to us directly (e.g. during membership registration or with the submission on an online form or purchase from our online shop), the categories of data we receive about you from third parties include, but are not limited to, information about you found in the media or internet (insofar as indicated in the specific case, e.g. in connection with job applications, media reviews, marketing/sales, etc.), data in connection with your use of our websites (e.g., IP address, MAC address of your smartphone or computers, infor-mation regarding your device and settings, cookies, date and time of your visit, sites and content retrieved, applications used, referring website, localization data).

3. Purpose of Data Processing and Legal Grounds

The personal data collected by DocNet is directly related to the purpose of the association and the associated tasks. Both are stipulated in DocNet’s statutes. We only process personal data that is necessary for the information and support of members, the functionalities of the website and as a registry of membership in the association.
We collect and generate information when you sign up for a DocNet membership and/or sub-scribe to the newsletter or events. This includes personal data (name, address, telephone, email, other information about you), whereby we absolutely need the data to be provided as non-optional in order to process the requested services.
In addition, in line with applicable law and where appropriate, we may process your personal data and personal data of third parties for the following purposes, which are in our (or, as the case may be, any third parties’) legitimate interest, such as:
– providing and developing our products, services and websites, apps and other plat-forms, on which we are active;
– communication with third parties and processing of their requests
– advertisement and marketing (including organizing events), provided that you have not objected to the use of your data for this purpose (if you are part of our customer base and you receive our advertisement, you may object at any time and we will place you on a blacklist against further advertising mailings);
– asserting legal claims and defense in legal disputes and official proceedings;
– prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
– ensuring our operation, including our IT, our websites, apps and other appliances;

If you have given us your consent to process your personal data for certain purposes (for example when registering to receive newsletters), we will process your personal data within the scope of and based on this consent, unless we have another legal basis, provided that we require one. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.

4. Cookies / Tracking and Other Techniques Regarding the Use of our Website

We typically use “cookies” and similar techniques on our website, which allow for an identifi-cation of your browser or device. A cookie is a small text file that is sent to your computer and automatically saved by the web browser on your computer or mobile device, when you visit our website. If you revisit our website, we may recognize you, even if we do not know your identity. Besides cookies that are only used during a session and deleted after your visit of the website (“session cookies”), we may use cookies in order to save user configurations and other information for a certain time period (e.g., two years) (“permanent cookies”). Not-withstanding the foregoing, you may configure your browser settings in a way that it rejects cookies, only saves tem for one session or deletes them prematurely. Most browsers are preset to accept cookies. We use permanent cookies for the purpose of saving user configu-ration (e.g., automated log in). Certain cookies are sent to you from us, others from business partners with which we collaborate. If you block cookies, it is possible that certain functions (such as, e.g., language settings, shopping basket, ordering processes) are no longer availa-ble to you.
In accordance with applicable law, we may include visible and invisible image files in our newsletters and other marketing e-mails. If such image files are retrieved from our servers, we can determine whether and when you have opened the e-mail, so that we can measure and better understand how you use our offers and customize them. You may disable this in your e-mail program, which will usually be a default setting.
By using our websites and consenting to the receipt of newsletters and other marketing e-mails you agree to our use of such techniques. If you object, you must configure your brows-er or e-mail program accordingly.
We may use Google Analytics or similar services on our website. These are services provid-ed by third parties, which may be located in any country worldwide (in the case of Google Analytics Google Ireland Ltd. (located in Ireland), Google Ireland relies on Google LLC (locat-ed in the United States) as its sub-processor (both «Google»), www.google.com) and which allow us to measure and evaluate the use of our website (on an anonymized basis). For this purpose, permanent cookies are used, which are set by the service provider. We have con-figured the service so that the IP addresses of visitors are truncated by Google in Europe before forwarding them to the United States and then cannot be traced back. We have turned off the «Data sharing» option and the «Signals» option. Although we can assume that the information we share with Google is not personal data for Google, it may be possible that Google may be able to draw conclusions about the identity of visitors based on the data col-lected, create personal profiles and link this data with the Google accounts of these individu-als for its own purposes. If you have registered with the service provider, the service provider will also know your identity. In this case, the processing of your personal data by the service provider will be conducted in accordance with its data protection regulations. The service provider only provides us with data on the use of the respective website (but not any personal information of you).

5. Datatransfer and Transfer of Data Abroad

DocNet can have personal data processed by third parties commissioned by it or processed jointly with third parties and with the help of third parties or transmitted to third parties (e.g. service providers such as printing companies, IT support, newsletter providers). We select our partners and processors carefully and only when there are sufficient guarantees that they have appropriate technical and organizational measures in place in accordance with legal requirements. These third parties also obliged to comply with Swiss data protection regulations. We do not sell, rent or publish addresses without the express consent of the data subjects. DocNet contracts with third parties to regulate cooperation and compliance with data protec-tion law.

6. Retention Periods for your Personal Data

We process and retain your personal data as long as required for the performance of our contractual obligation and compliance with legal obligations or other purposes pursued with the processing, i.e. for the duration of the entire membership relationship (from the initiation, during the performance of the contract until it is terminated) as well as beyond this duration in accordance with legal retention and documentation obligations. Personal data may be re-tained for the period during which claims can be asserted against our company or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g., for evidence and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anony-mized, to the extent possible. In general, shorter retention periods of no more than twelve months apply for operational data (e.g., system logs).

7. Data Security

We have taken appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse such as encryption of data carriers.

8. Obligation to Provide Personal Data To Us

In the context of our business and membership relationship you must provide us with any personal data that is necessary for the conclusion and performance of this relationship and the performance of our contractual obligations (as a rule, there is no statutory requirement to provide us with data). Without this information, we will usually not be able to enter into or carry out an association with you (or the entity or person you represent). In addition, the website cannot be used unless certain information is disclosed to enable data traffic (e.g. IP address).

9. Your Rights

In accordance with and as far as provided by applicable law (as is the case where the GDPR is applicable), you have the right to access, rectification and erasure of your personal data, the right to restriction of processing or to object to our data processing, in particular for direct marketing purposes, for profiling carried out for direct marketing purposes and for other legitimate interests in processing in addition to right to receive certain personal data for transfer to another controller (data portability). Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs on you, we will notify you thereof in advance. We have already informed you of the possibility to withdraw consent in Section 3 above. Please further note that the exercise of these rights may be in conflict with your contractual obligations and this may result in consequences such as prema-ture contract termination or involve costs. If this is the case, we will inform you in advance unless it has already been contractually agreed upon.
In general, exercising these rights requires that you are able to prove your identity (e.g., by a copy of identification documents where your identity is not evident otherwise or can be veri-fied in another way). In order to assert these rights, please contact us at the addresses pro-vided in Section 1 above.
In addition, every data subject has the right to enforce his/her rights in court or to lodge a complaint with the competent data protection authority. The competent data protection au-thority of Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

10. Amendments of this Data Protection Statement

We may amend this Data Protection Statement at any time without prior notice. The current version published on our website shall apply. If the Data Protection Statement is part of an agreement with you, we will notify you by e-mail or other appropriate means in case of an amendment.