Privacy policy.

Privacy Policy of Instimatch Global AG

Last update: June 2024

1. Introduction

This privacy policy (“Privacy Policy”) aims to give you information on how Instimatch Global AG (“Instimatch”, “we” or “us”) collects and processes your personal data through your use of this website (“Website”), including any data you may provide through this Website.

In these situations, we will be the “data controller” of your personal data, which means we have primary responsibility for processing it fairly and in accordance with the law and for responding to your requests in relation to it.

This Privacy Policy is drafted in line with the General Data Protection Legislation and Regulations applicable in Europe as well as any privacy laws in the United Kingdom and Switzerland (in each case as applicable).

We keep our Privacy Policy under regular review. Historic versions can be obtained by contacting us.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

2. Contact details

If you have any questions about this Privacy Policy or about data protection at Instimatch in general, you can contact us at info@instimatch.com| Tel.: +41 (0)44 521 01 30 | Instimatch Global AG | Oberneuhofstrasse 3 | 6340 Baar | Switzerland.

For European data protection matters specifically, you can contact us via our EU representative: EU-Datenschutz-Vertreter | ADVOVOX Rechtsanwalts GmbH | Attn: Sven Krüger | Zimmerstrasse 78 | 10117 Berlin | Germany | email: gdpr@advovox.de| Tel: +49 (0)30 22 48 75 28.

You have the right to enforce your rights in court or to lodge a complaint with the competent data protection authority, which for the EEA can be found here: https://edpb.europa.eu/about-edpb/board/members_en. In the UK, you can also complain to the ICO if you are unhappy with how we have used your data. The ICO’s helpline number: 0303 123 1113 and website: https://www.ico.org.uk. In Switzerland, you make contact the Federal Data Protection and Information Commissioner via their website: https://www.edoeb.admin.ch/edoeb/en/home.html.

3. Scope of this Privacy Policy

This Privacy Policy does not apply to:

  • Third-party websites, plug-ins, and apps linked to this Website. Our Website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave the Website, we encourage you to read the policy of every website you visit.
  • The collection of information about children. The Website is not intended for children and we do not knowingly collect data relating to children. If you are under eighteen (18), please do not attempt to send any personal data to us. In the event that we become aware of or are informed that we have collected personal data from a child under the age of 18 without verification of parental consent, we will delete that information as quickly as possible.
  • The collection of sensitive data. We do not collect any special categories of personal data about you as defined under applicable laws, such as data about your personal views, activities, health, etc., nor do we collect any information about criminal convictions and offenses.
  • The collection of personal information in relation to recruitment for employment. For information about our use of your personal information collected in recruitment processes, please refer to the privacy notices provided as part of those processes.
  • Creation of a new Instimatch platform (“Platform”) account and subsequent use of the Platform. In this case, we will be a ‘data processor,’ which means we process your personal data on behalf of our customers (being the company or organization represented by the users of our Platform) (“Customer”) and only in accordance with their instructions. Our Customer is primarily responsible for your personal data, for providing you with clear information as to the use of your personal data, and for dealing with any requests you make. However, we have set out further information in the Annex to this Privacy Policy to support the Customer in their provision of information to you. Please note that we do retain your personal data to fulfill our legal obligations and for this purpose only we will act as a data controller.

4. The data we collect or process about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, last name, title, username, or similar identifier.
  • Contact Data includes billing address, email address, and telephone numbers.
  • Financial Data includes Customer bank account details.
  • 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 this Website.
  • Profile Data includes your username and password, your interests, preferences, feedback, and survey responses.
  • Usage Data includes information about how you use our Website, products, Platform, and other services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. 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.

5. How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact, and Financial Data by filling in forms or by corresponding with us by post, phone, email, via the Platform, or otherwise. This includes personal data you provide when you:
    • apply for our products or services;
    • create an account on our Platform;
    • subscribe to our service or publications;
    • request marketing to be sent to you;
    • enter a competition, promotion or survey;or
    • give us feedback or contact us.
  • Automated technologies or interactions. As you interact with our Website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs, and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our Cookie policy for further details.‍
  • Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
    • personal data about signatories and other individuals related to the Customer from commercial registries and other publicly available company databases; and
    • personal data about employees, officials, and representatives of the Customer from the Customer’s website or other information published by Customer on the internet (e.g., on social media sites).

Technical Data from the following parties:

    1. analytics providers such as Google;
    2. advertising networks; and
    3. search information providers.
  • Contact and Financial Data from providers of technical, payment and delivery services.
  • Identity and Contact Data from data brokers or aggregators.
  • Identity and Contact Data from publicly available sources.

6. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • 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; and/or
  • Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third-party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

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 ground 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.

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.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

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.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To manage our relationship with you which may include:
(a) Asking you to leave a review or take a survey
(b) responding to your inquiries (such as by submitting contact forms on the Website or sending us an email)		 (a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications		 (a) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services and to communicate with you to respond to your inquiries)
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 this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data) (a) Identity
(b) Contact
(c) Technical
(d) Usage		 (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 reorganization or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content (including relevant papers or articles) 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 our Website, products/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 keep you informed about new developments at Instimatch and make suggestions and recommendations to you about goods or services that may be of interest to you (including inviting you to take part in special offers, seminars or events, demonstrations of our products and services) (a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
(f) Marketing and Communications		 Necessary for our legitimate interests (to develop our products/services and grow our business)
To meet our legal reporting obligations relating to use of the Platform (a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile		 Necessary to comply with a legal obligation
Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

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).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you OR by contacting us at any time. Where you opt-out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service experience or other transactions. This will not affect service-related communications we may send you as a registered user of our Platform.

Cookies

You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie policy.

7. Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table above.

THIRD PARTIES
Internal Third Parties
  • our contractors, consultants, professional advisors and agents (but their use shall be limited to the performance of their duties and in line with the reason for processing); and
  • any member of our group (but their use shall be limited to the performance of their duties and in line with the reason for processing).
External Third Parties
  • Service providers acting as processors based outside the European Union who provide IT and system administration services;
  • Analytics providers that assist us in the improvement and optimization of our Website (currently being Google Analytics as explained in our Cookie Policy);
  • Hubspot, a third party we use to manage inquiries and whose privacy policy can be found here: https://legal.hubspot.com/privacy-policy;
  • For our newsletter services we use MailChimp of The Rocket Science Group LLC d/b/a MailChimp, a State of Georgia limited liability company to send the newsletter. The detailed privacy policy for this service is available here: https://mailchimp.com/legal/privacy/;
  • Other service providers that help us deliver services accessed through the Website, to deliver content and fulfill requests made on this Website;
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance and accounting services;
  • Regulators and other authorities who require reporting of processing activities in certain circumstances; and
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets.

Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Policy. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

8. How will you secure my personal data?

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. 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 suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

9. How long will you use my personal data?

We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying Instimatch’s local legal requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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 unauthorized 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.

Personal data related to your user account is usually stored for as long as you maintain such an account and for ten years thereafter. Insofar you have communicated with other users, your communications with such other users will be subject to the retention periods applicable to their accounts, whichever is longer. Financial records are usually kept for ten years following the end of the financial year, in line with legal requirements.

Details of other retention periods for different aspects of your personal data are available and which you can request from us by contacting us.

In some circumstances you can ask us to delete your data: see Section 12 (Your rights regarding your personal data) below for further information.

In some circumstances, we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

10. International data transfers

We may need to transfer your personal data to companies, authorities, or organizations worldwide, including countries without adequate data protection standards. Whenever we transfer your personal data out of the EEA, Switzerland, or UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
  • Where we use certain service providers, we may use specific contracts approved for use in the EEA, Switzerland, or UK, which give personal data adequate protection.  

11. Your rights regarding your personal data

Depending on where you are located and the relevant applicable law, you may have the right to:

  • request access to your personal data (commonly known as a “data subject access request”);
  • request us to rectify and erase your personal data;
  • object to our data processing (where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purpose); and/or
  • receive certain personal data for transfer (data portability).

Please note, however, that your rights are subject to exceptions or derogations. To the extent permitted by law, we may refuse your request to exercise these rights. For example, we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. We may need to further process and retain your personal data to comply with legal obligations or to protect our own legitimate interests or the rights of others. If exercising certain rights incurs costs for you, we will notify you thereof in advance.

In general, exercising these rights requires that you are able to prove your identity (e.g., by a copy of identification documents when your identity is not evident otherwise or cannot be verified in another way). In order to assert these rights, please contact us at the addresses provided in Section 2 (Contact details).

‍

Annex - Platform usage

  1. In the account registration process, we ask you to provide the registration details and address of the Customer, information about you (e.g. your first and last name, email address, telephone number). We primarily process your personal data to provide you (as the Customer or acting for it) with our services, including by performing identity, financial standing, and other onboarding checks (which may be repeated later on).
  2. Use of the Platform.
    1. We will keep track of information you enter into the Platform, and how you interact with other users. Personal data used includes usernames, access credentials, user activities on the Platform (log file with pages on settings bid and offer requests entered into, etc.), payment information (e.g., SSI’s), users’ comments and communications, content uploaded during the use of the Platform.
    2. We will communicate with you about your account and service usage.
    3. We will share information related to offers, acceptances, and transactions with other users and third parties to perform our contract with the Customer and to comply with our legal obligations.
    4. If you contact us by email or telephone, or if you otherwise interact with a member of our staff using the Platform, we will collect and process the information you provide to us. This will regularly include personal data such as your first name and last name, email address and telephone number, and information on your affiliation with the Customer you work for or represent. We will use the personal data in order to respond to your inquiry, contact you if we have any questions about your inquiry, or follow up on your inquiry.
    5. We may share information collected on you through the Platform with our employees, contractors, and agents (but their use shall be limited to the performance of their duties and in line with the reason for processing), regulatory and supervisory authorities, and any other public or governmental entities with control over-regulation or monetary policy worldwide and other relevant third parties (with adequate precautions to protect the privacy of individual users) for example to report or otherwise react to actual or potential misuse of the Platform.
    6. We use Pipedrive, a third party we use to manage inquiries related to the Platform. Their privacy policy can be found here: https://www.pipedrive.com/en/privacy.
    7. It may be necessary for us to transfer your data outside of the country where you are resident. In these cases, we will ensure there are appropriate safeguards in place to transfer personal data in accordance with relevant data protection law.