Last changed: 24 March 2022
This privacy policy (“Privacy Policy”) together with our Picturepark Cloud Agreement, AUP and any other documents referred to herein, governs the manner in which Vision Information Transaction AG and our Affiliates (collectively “We”, “us” or “our”) collect, uses, maintains and discloses any data including personal data (“Data”) provided by you (“you”, “your”, “User”) through your use of our websites, products and services (“Services”) when acting as a data controller.
Please read the following carefully to understand our views and practices regarding your Data and how we will treat it. By using our Services you are accepting and consenting to the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Services. Your continued use of the Services following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes.
For the purpose of the EU GDPR, the UK GDPR and the Swiss FADP, and any applicable national implementing laws, regulations and secondary legislation relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time (“Law”), the data controller is Vision Information Transaction AG of Industriestrasse 25, CH-5033 Buchs, Switzerland registered in the Swiss commercial register under number CHE-105.440.683.
Legal basis for processing
We will only use your Data when the law allows us to. Most commonly we will use your personal data in the following circumstances:
- to fulfil our contractual obligations to you.
- where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- to comply with a legal obligation.
To the extent we process your Data for any other purposes, we ask for your consent in advance or require that our partners obtain such consent.
Data we may collect
We may collect and process Data about you. Data includes personal data or personally identifiable information, which means any information about an individual from which that individual can be identified. It does not include data where the identity has been removed (anonymous data). We collect, use, store and transfer different kinds of Data about you which we have grouped together as follows:
Identity Data: includes first name, last name, username or similar identifier, title/role, gender, portrait image (if provided), date of birth, availability.
Contact Data: includes billing address, delivery address, email address, telephone numbers, social media accounts.
Financial Data: includes bank account, IBAN numbers, payment card and other details.
Transaction Data: includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data: includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Services.
Profile Data: includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Usage Data: includes information about how you use the Services, including the full Uniform Resource Locators (URL) clickstream to, through and from the Services (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
Marketing and Communication Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.
Location Data: We may also use geolocation technology to determine your current location.
Aggregated Data: We also collect, use and share statistical or demographic data for any purpose. This Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.
Special Category Data: We do not collect, store or use special category data about you, i.e. details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data.
If you fail to provide data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
How data is collected
We use different methods to collect data from and about you including via:
Direct Interactions: You may give us your Identity, Contact and Financial Data when you fill in forms or correspond with us by post, phone, email or otherwise. This includes personal data you provide when you register to receive our newsletter, subscribe to use our Services, create an account to use our Services, request marketing to be sent to you, search for a product or place an order, participate in discussion boards or other social media functions within the Services, enter a competition, promotion or survey, attend a conference or webinar, give us feedback or contact us and when you report a problem with the Services.
Purchases: If you make purchases when using the Services, or register for an event or webinar, we may require you to provide your Identity, Contact, Financial and Transaction Data.
Community: If you register for an online community that we provide, we may ask you to provide us with Identity, Contact, Profile and Technical Data.
Automated Technologies or Interactions. As you interact with our Services or emails, we automatically collect Technical Information about your device, browsing actions, patterns, Location Data and Usage Data. We collect this personal data by using cookies, server logs, web beacons, pixels, and similar technologies about your device, and your use of the Services. We may also receive Technical Data and Location Data about you if you visit other websites using our cookies. Please see our Cookie Policy for further details.
Data we receive from other sources
We work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers) and may receive the following personal data about you from them:
Technical Data: from the following analytics providers, advertising networks and search information providers: Google, Facebook, Linkedin, SEMrush, CrazyEgg.
Identity and Contact Data: from the following providers of chat/communication services with customers including via email: HubSpot, Microsoft.
Email Communications, Contact / Appointment Data: from the following providers of email communications service providers: Microsoft, HubSpot.
Business Contact and Financial Data: from the following CRM service providers who manage contacts and keep a record of communications/ interactions with customers: HubSpot, Salesforce.
Project Management Data: from our project management system providers: Monday.com
Full details of the above third party suppliers are contained in our third party supplier list at the end of this Privacy Policy.
Data we collect from other sources
We also collect personal data about you from publicly available sources. We may combine this information with personal data provided by you. This helps us update, expand, and analyse our records, identify new customers, and create more tailored advertising to provide services that may be of interest to you. We also use this for the purposes of targeted advertising, delivering relevant email content, event promotion and profiling, determining eligibility and verifying Contact Data. The personal data we collect includes:
Identity and Contact Data: from publicly available sources such as commercial trade registers.
Identity, Contact and Profile Data: that is published about you on social media profiles: LinkedIn, Facebook, Twitter.
Use of Cookies
We use cookies or similar technology in the Services to distinguish you from other users of the Services. This helps us to provide you with a good experience when you use the Services and also allows us to improve the Services. For full details about the cookies we use and why we use them is set out in our Cookie Policy.
You can set up your browser options, to stop your computer accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use the whole of the Services or access and use all functionality of the Services.
To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org. To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.
Do not track
We do not generally support Do Not Track (“DNT”) for all cookies used.
Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the “Preferences” or “Settings” page of your web browser.
Uses made of your Data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Purpose/Activity |
Type of data |
Lawful basis for processing |
To register you as a new customer |
(a) Identity (b) Contact |
Performance of a contract with you |
To process and deliver your order including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us |
(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us) |
To manage our relationship with you which will include: (a) Notifying you about changes to our terms, this Privacy Policy or the Services (b) Asking you to leave a review or take a survey |
(a) Identity (b) Contact (c) Profile (d) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) |
To enable you to partake in a prize draw, competition or complete a survey |
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business) |
To administer and protect our business and the Services (including troubleshooting, data analysis, testing, system maintenance, support, updates, reporting and hosting of data) |
(a) Identity (b) Contact (c) Technical |
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation |
To deliver relevant Services content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you |
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical |
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) |
To use data analytics to improve the Services, marketing, customer relationships and experiences |
(a) Technical (b) Usage |
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) |
To make suggestions and recommendations to you about goods or services that may be of interest to you |
(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications |
Necessary for our legitimate interests (to develop our Services and grow our business) |
We will not sell or rent your personal data to anyone.
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosure of your Data
We do not disclose, sell, trade, or rent your Data to third parties except as you direct, or as described in this Privacy Policy or other agreements related to our Services which you decided to use.
Data we share with third parties. We may share your personal data with selected third parties set out in our Third Party Supplier List for the purposes set out in the table above. Below is a summary of the types of third parties used:
- any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries;
- business partners, suppliers and sub-contractors for the performance of any agreement we enter into with them or you to provide services such as IT and system administration services, email communications, hosting services, backup services, credit card processing, research, development, marketing, technical and customer support;
- trusted partners when dealing with sales, service and information requests;
- third parties for the purpose of improving our Services that receive anonymous data not linked to any personal data or particular customer;
- advertisers and advertising networks that require the Data to select and serve relevant adverts to you and others. We do not disclose Data about identifiable individuals to our advertisers, but we may provide them with aggregate or pseudonymized data about our Users and their use of our Services. We may make use of limited personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience;
- analytics and search engine providers that assist us in the improvement and optimisation of our Services;
- professional advisors acting as service providers to us in relation to the Services - including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance and accounting services;
- tax authorities, regulators and other authorities who require reporting of processing activities in certain circumstances.
Data we disclose to third parties. We may disclose your Data to third parties:
- in the event that we sell or buy any business or assets, in which case we may disclose your Data to the prospective seller or buyer of such business or assets;
- if we or substantially all of our assets are acquired by a third party, in which case Data held by it about its customers will be one of the transferred assets;
- if we are under a duty to disclose or share your Data in order to comply with any legal obligation, or in order to enforce or apply any of our contracts and agreements; or to protect our rights, property, safety, our customers or others. This includes exchanging Data with other companies and organisations for the purposes of fraud protection and credit risk reduction;
- including Aggregated Data in the normal course of operating our business; for example, with other users of the Services, our customers or publicly to show trends or benchmark the general use of the Services.
International Transfers
We generally store and process all Data in the European Economic Area ("EEA"), the UK and/or Switzerland (CH), and for some select services we also store and process data in the United States (“USA”). The Data that you submit to us or we collect from you may however be transferred to, and stored at or processed, a destination outside your country of residence which may result in a transfer of personal data to countries outside of the EEA (or the UK and Switzerland).
Your personal data may also be processed by staff operating outside the EEA (or the UK or Switzerland) who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details, answering your sales queries or the provision of support services. By submitting your Data, you agree to this transfer, storing or processing outside of the EEA (or the UK or Switzerland).
We will take all steps reasonably necessary to ensure that your Data is treated securely and in accordance with this Privacy Policy and other agreements we have entered into with you. Data relating to an EU (or UK or Swiss) Data Subject will only be transferred to a country outside of the EEA (or the UK or Switzerland) that provides an adequate level of protection (for example, where the European Commission or the UK Data Commissioner has determined that a country provides an adequate level of protection) or where the recipient is bound by standard contractual clauses according to conditions provided by the European Commission or the UK Data Commissioner (“Standard Contractual Clauses”).
You understand and acknowledge that we do not control who accesses our Services and where you or your Users access or exchange Data from and to, via which locations the Data is transmitted and where it might be stored. Our Services are accessible via the internet and may potentially be accessed by anyone authorised to use the Services around the world. Other Users may access the Services from outside your country of operation.
This means that where you chose to register with our Services or process your Data using our Services, it could be accessed by permitted users from anywhere around the world and therefore a transfer of your Data outside of your country of residence may be deemed to have occurred. You consent to such transfer of your Data for and by way of this purpose.
Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. For example, all Data you provide to us is stored on secure servers and we use encryption technology for transferring Data where possible and required by industry standards.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Services, the password will be stored in encrypted form but you are responsible for keeping this password confidential and we ask you not to share any password with anyone. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Unfortunately, the transmission of data via the Internet is not completely secure. Although we take state of the art measures to protect your Data, we cannot guarantee the security of your Data transmitted using our Services; any transmission is at your own risk. We will always use strict procedures and security features to try to prevent unauthorised access to your Data when it is processed using our Services.
Links to third party websites, content and integrated Services
You may find other content such as advertising or references provided through our Services that link to sites, products and services of our customers, partners, suppliers, advertisers, sponsors, licensors and other third parties.
Such links to sites, products or services, including their content, products and links, even if firmly integrated into our Services, may be constantly changing and might be provided under their own terms and privacy policies that are different from ours. We are not responsible for the sites, products and services including all content, changes or updates of any such third parties. Please check the corresponding third party’s terms and policies before you use and submit any Data to these third party sites, products and services.
Your Rights
You have the right under the Law, free of charge, to request:
- access to your personal data.
- rectification or deletion of your personal data.
- a restriction on the processing of your personal data.
- object to the processing of your personal data.
- a transfer of your personal data (data portability) in a structured, machine readable and commonly used format.
- withdraw your consent to us processing your personal data, at any time.
If you wish to exercise any of the above rights, please contact us as set out at the end of this Privacy Policy. We will respond to such queries within 30 days and deal with requests we receive from you, in accordance with the provisions of the Law. Occasionally it could take us longer, if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Please note that any requests for rectification, deletion or export of Data we receive from users where you are the data controller will be forwarded to you to deal with. If you fail to act upon any forwarded request, we reserve the right to delete Data in order to comply with our obligations under applicable law.
Marketing
Marketing: We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
Promotional Offers from us: We will send you marketing emails if you “opt in” to receive marketing emails when registering for our Services, or if you have enquired about, or purchased any of our goods or services from us and you have not opted out of receiving such marketing.
Third Party Marketing: We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Opt out: Please note that, if you change your mind about being sent marketing emails you can “opt out” at any time by clicking the “unsubscribe” link at the bottom of any marketing email. Once you “opt out”, you will no longer receive any marketing emails from us. We will continue to communicate with you regarding your service billing and support via email and where we send push notifications from time to time in order to update you about any service updates, events and promotions we may be running. If you no longer wish to receive these communications, please disable these in the settings on your device. You can also exercise this right at any time by contacting us at the address given at the end of this Privacy Policy.
Important note: For certain Services such as our Picturepark Cloud Service products and where you have entered into corresponding agreements, we will be obliged to inform you about changes to the Services such as new product versions or product features, new terms and conditions, certain issues limiting your use of the Services such as bugs, planned maintenance windows or unexpected unavailability of the Services, or to verify your identity for use of the Services or responding to your support queries. We will contact you by electronic means (e-mail or SMS) or via phone calls. If you unsubscribe from receiving such information you must stop using the Services, or we may not be able to contact you for the purpose of fulfilling our contractual obligations.
Data Retention
We retain personal data for as long as reasonably necessary to fulfil the purposes for which it was provided or collected, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
This will be for as long as we provide access to the Services to you, your account remains open or we have an active relationship. However, we may keep some personal data after your account is closed or you cease using the Services for the purposes set out below.
We usually delete Data with 12 months after you have closed your account, ceased using the Services or we have had no active relationship with your for a maximum period of four (4) years, if not earlier. However we may retain personal data for a longer period where reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, maintain security, prevent fraud and abuse, resolve disputes, enforce our Terms and Conditions, AUP, for backup purposes, or to fulfil your request to “unsubscribe” from sending you further information.
We may retain anonymized data after your account has been closed or you have ceased using the Services for a period of at least five years and we may use this for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Please note: After you have closed your account or deleted information from your account, any information you have shared with others will remain visible. We do not control data that other users may have copied from the Services. Your profile may continue to be displayed in the services of others (e.g. search engine results) until they refresh their cache.
Complaints
Our intention is to meet the highest standards when collecting and using personal data. For this reason, we take complaints we receive very seriously. We encourage users to notify us if they think that our collection or use of personal data is unfair, misleading or inappropriate. If you have any complaints about our use of your personal data, please contact us as set out at the end of this Privacy Policy or contact your local data protection supervisory authority
If you have any complaints about our use of your personal data please contact us as set out at the end of this Privacy Policy or contact your local data protection supervisory authority.
Our supervisory authority is the Swiss Federal Data Protection and Information Commissioner (FDPIC).
Our EU and UK Representative is defined below and can be contacted via form or e-mail as follows:
See more information including contact forms on https://prighter.com/q/15848945763.
EU GDPR representative:
PrighterGDPR-Rep by Maetzler Rechtsanwalts GmbH & Co KG
Schellinggasse 3/10
1010 Vienna, Austria
https://prighter.com, support@prighter.com
Please add the following subject to all correspondence: ID-15848945763
UK GDPR representative:
PrighterUK-Rep by Prighter Ltd
20 Mortlake Mortlake High Street
London, SW14 8JN, United Kingdom
https://prighter.com, support@prighter.com
Please add the following subject to all correspondence: ID-15848945763
Age of Users
The Services are not intended for and shall not be used by anyone under the age of 18.
Changes to this privacy policy
We have the discretion to update this Privacy Policy at any time. Changes will be posted on this page and where changes are material we will send email notifications to all subscribers of the mailing list provided on www.picturepark.com/terms. , All such email notifications are deemed received when sent.
We encourage Users to frequently check this page for any changes to stay informed. You acknowledge and agree that it is ultimately your responsibility to review this Privacy Policy periodically and become aware of modifications.
Contacting us
If you have any questions about this Privacy Policy, our privacy practices, or your dealings with these Services, please contact us at:
Vision Information Transaction AG
Legal Team
Industriestrasse 25
CH-5033 Buchs AG, Switzerland
legal@picturepark.com
Third Party Supplier List
Purpose of processing |
Name of Provider |
Privacy Policy |
File storage and Office productivity |
Microsoft |
|
Human Resource Management |
Teamtailor |
|
Customer Relationship Management |
Salesforce, Inc. HubSpot, Inc. |
|
VOIP phone services |
Freshworks Inc. |
|
Customer/partner Support & Services |
Freshworks Inc. |
|
Appointment scheduling |
Hubspot |
|
Online meeting/screen sharing |
Microsoft |
|
Project Management |
Monday.com |
|
Dokumentation |
Atlassian Pty Ltd |
|
Email distribution |
HubSpot |
https://legal.hubspot.com/privacy-policy?hubs_content=www.hubspot.com/&hubs_content-cta=Privacy%20Policy |
Accounting, Audits, Compliance |
Herzog Treuhand AG |
|
Finance, Banking, Payment |
UBS Schweiz AG |
|
Social Media Management, advertising, website marketing |
Meta Platforms Irland GmbH |
|
Social Media Management, advertising, website marketing |
CrazyEgg |
|
Social Media Management, advertising, website marketing |
SEMrush |
|
Website management - Content management system |
Craft CMS |
|
Website management - Website forms |
HubSpot |
|
Website management - Hosting |
fortrabbit GmbH (hosting) |
|
Contracting, e-signing |
DocuSign |