Privacy Policy

1. Responsible persons and content of this Privacy Policy

We, the Swiss Chamber of Commercial Mediation (SCCM), are the operator of the website www.skwm.ch (“website“). Unless otherwise specified, we are responsible
for the data processing listed in this Privacy Policy.

In order to know what personal data we collect from you and for what purposes we use it, please take note of the
following information. Regarding data protection, we are primarily guided by the legal requirements of Swiss data
protection law, in particular the Swiss Federal Act on Data Protection (“FADP“), as well as the EU
General Data Protection Regulation (“GDPR“), the provisions of which may be applicable in individual
cases.

2. Contact person for data protection

If you have any questions about data protection or would like to exercise your rights, please contact our data
protection contact by sending an email to the following address: admin@skwm.ch

Alternatively, you can use the following address:

Schweizer Kammer für Wirtschaftsmediation SKWM
Data Protection
c/o Geneva Chamber of Commerce, Industry & Services
4, boulevard du Théâtre
1204 Geneva

3. When you visit our website (log file data)

When you visit our website, the servers of our hosting provider (what. AG, Mainaustrasse 15, 8008 Zurich, Switzerland)
store each access in a log file for a maximum period of 12 months. The following data is collected and stored by us
until it is automatically deleted:

  • the IP address of the requesting computer
  • the date and time of access
  • the name and URL of the retrieved file
  • the website from which the access was made, with the search term used, if applicable
  • the operating system of your device and the browser you are using (including type, version and language setting)
  • Device type in case of access by mobile phones
  • the city or region from which the access was made, and
  • The name of your Internet access provider

 

This data is processed for the purpose of enabling the use of our website, ensuring system security and stability in the
long term, as well as for error and performance analysis. It also allows us to optimize our website.

In the event of an attack on the network infrastructure of the website or in the event of suspicion of other
unauthorized or abusive use of the website, the IP address and the other data will be evaluated for clarification and
defense and, if necessary, used in the context of criminal proceedings for identification and for civil and criminal
proceedings against the users concerned.

For the purposes described above, we have a legitimate interest in data processing within the meaning of art. 6 (1) (f)
GDPR.

4. Use of one of our contact options

If you contact us via our contact addresses and channels (e.g., by email or telephone), your personal data will be
processed. The data that you have provided to us will be processed, e.g., the name of your company, your name, your
function, your email address or telephone number and your enquiry.

We process this data exclusively to respond to your enquiry in the best possible way. The legal basis for this data
processing is our legitimate interest within the meaning of art. 6 (1) (f) GDPR in the best possible response to your
enquiry or, if your enquiry relates to the establishment or performance of a client relationship, the performance of a
contract within the meaning of art. 6 (1) (b) GDPR.

5. Contact with members

You have the possibility to submit applications for membership, accreditation and/or re-accreditation as Mediator SCCM
to us. When processing the applications, we in particular process the following data:

  • Name
  • Surname
  • Occupation
  • Address, including email address
  • Curriculum Vitae (CV)
  • Certificates and diplomas
  • Training confirmations

 

We will use this and any other information you voluntarily provide to us to assess and process your applications and
conduct the membership, accreditation and re-accreditation process as well as for membership management. Applications
from unsuccessful applicants will be deleted at the end of the application process unless you have expressly consented
to a longer retention period, or we are not legally obliged to retain them for a longer period. The legal basis for the
review of your application and the handling of the application and accreditation process is the implementation of
pre-contractual measures within the meaning of art. 6 (1) (b) GDPR.

6. Member Profiles

By providing any information as part of a profile meant to be published on our website, you expressly consent that such
information is intended for broad public dissemination.

7. Marketing and Newsletter

If you have registered for our email newsletter, we collect the following data, with mandatory information marked
accordingly (e.g. with an asterisk):

  • Email address
  • Name and surname

 

By registering, you consent to the processing of this data to receive news from us about our association, our offers and
related products and services. We will use your data to send emails until you withdraw your consent. You can opt-out at
any time using the unsubscribe link in all our marketing emails.

Our marketing emails may contain a web beacon or 1×1 pixel or similar technology. A web beacon is an invisible graphic
that is linked to the user ID of the respective newsletter subscriber. For each marketing email sent, we receive
information about which addresses have not yet received the email, to which addresses it was sent, and to which
addresses it failed to be sent. It also shows which addresses opened the email, for how long, and which links they
clicked on. Finally, we also receive information about which addresses have unsubscribed. We use this data for
statistical purposes and to optimize the marketing emails in terms of frequency, timing, structure and content of the
emails. This allows us to better tailor the information in our emails to the individual interests of the recipients.

The web beacon is deleted when you delete the email. To prevent the use of the web beacon in our marketing emails,
please set your email program not to display HTML in messages. Refer to the help sections of your email software for
information on how to configure this setting.

By subscribing to the newsletter, you also consent to the statistical evaluation of user behavior for the purpose of
optimizing and adapting the newsletter. This consent constitutes our legal basis for the processing of the data within
the meaning of art. 6 (1) (a) GDPR.

We use the email marketing software Mailchimp of Intuit Mailchimp (405 N Angier Av. NE, Atlanta, GA 30308 USA) for
marketing emails. Therefore, your data will be stored in a database of Sendinblue GmbH, which will allow them to access
your data. The legal basis for this processing is our legitimate interest within the meaning of art. 6 (1) (f) GDPR in
the use of third-party services.

8. Cookies

Cookies are information files that your web browser stores on your device’s hard drive or memory when you visit our
website. Cookies are assigned identification numbers that identify your browser and allow the information contained in
the cookie to be read.

Cookies help, among other things, to make your visit to our website easier, more pleasant and more meaningful. We use
cookies for various purposes that are technically necessary for you to use the website. For example, cookies perform
technical functions necessary for the operation of the website, such as load balancing, i.e., distributing the
performance load of the page to different web servers to relieve the servers. Finally, we also use cookies in the design
and programming of our website, e.g., to enable the uploading of scripts or code.

The legal basis for this processing is our legitimate interest within the meaning of art. 6 (1) (f) GDPR in providing a
user-friendly and up-to-date website.

Most internet browsers automatically accept cookies. Details of the services associated with each cookie and data
processing can be found in the following sections of this Privacy Policy.

You may also be able to configure your browser so that no cookies are stored on your device or that a notification
always appears when you receive a new cookie. On the following pages you will find explanations on how to configure the
processing of cookies on selected browsers.

 

Disabling cookies may prevent you from using all the features of our website.

9. Tracking & web analytics tools

9.1. General information about tracking

For the purpose of tailoring and continuously optimizing our website, we use the web analysis services listed below. In
this context, pseudonymized user profiles are created and cookies are used. The information generated by the cookie
about your use of this website is usually stored together with the information set out in section 3 log file data to a
server of the service provider, where it is stored and processed. This may also result in a transfer to servers abroad.
By processing the data, we obtain the following information, among other things:

  • Navigation path taken by a visitor on the website (including content viewed and products selected or purchased)
  • time spent on the website or subpage
  • the subpage on which the website is exited
  • the country, region or city from which access is made
  • device (type, version, color depth, resolution, width and height of the browser window) and
  • returning or new visitors

 

On our behalf, the provider will use this information to evaluate the use of the website, to compile evaluations of
website activities for us and to provide other services related to website activity and internet usage for the purposes
of market research and needs-based design of these websites.

For the further processing of the data by the respective provider as the (sole) controller under data protection law, in
particular any disclosure of this information to third parties such as authorities due to national legal regulations,
please note the provider’s data protection information.

9.2. Google Analytics

We sometimes use Google Analytics or similar services on the website. This is a service provided by third parties, which
may be located in any country in the world (in the case of Google Analytics, it is Google Ireland (based in Ireland),
Google Ireland relies on Google LLC (based in the USA) as a processor (both “Google”), www.google.com), with which we can measure and analyse the use of the website (not
personalised). Permanent cookies set by the service provider are also used for this purpose. Although we assume that the
information we share with Google is not personal data for Google, it is possible that Google can use this data for its
own purposes to draw conclusions about the identity of visitors, create personal profiles and link this data to the
Google accounts of these persons. If you have registered with the service provider yourself, the service provider also
knows you. The processing of your personal data by the service provider is then the responsibility of the service
provider in accordance with its data protection provisions. The service provider only informs us how our respective
website is used (no information about you personally).

The legal basis for this processing is our legitimate interest in the provision of a user-friendly and up-to-date
website within the meaning of Art. 6(1)(f) GDPR.

You can prevent the analysis by deleting existing cookies and preventing the storage of cookies.

10. Google Maps

On our website, we use Google Maps API (Application Programming Interface, “Google Maps“) from Google
Ireland Limited (Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland) or Google LLC (1600 Amphitheatre Parkway,
Mountain View, CA 94043, USA) (“Google“) for the visual presentation of geographic information
(location plans). By using Google Maps, information about the use of our website, including your IP address, is
transmitted to a Google server in the USA and stored there.

The integration of Google Maps allows us to visualize our location. This option constitutes our legitimate interest
within the meaning of art. 6 (1) (f) GDPR.

It is possible to deactivate the Google Maps service and prevent data transfer to Google if you deactivate JavaScript in
your browser. However, we would like to point out that in this case you will not be able to use the map display.

You can find more information about the collection, processing and use of your data by Google as well as your rights in
this regard in the privacy policy Google, and the
additional terms for Google Maps or Google Earth.

11. Social media

11.1. Our social media presence

On our website you will find the link to our presence on LinkedIn of Linkedin Unlimited Company, Wilton Place, Dublin 2,
Ireland.

If you click on the LinkedIn icon, you will automatically be redirected to our profile or to the profiles of our
employees on LinkedIn. This establishes a direct connection between your browser and LinkedIn’s server. As a result,
LinkedIn receives the information that you have visited our website with your IP address and clicked on the link.

If you click on the LinkedIn icon while you are logged into your LinkedIn user account, the content of our website can
be linked to your profile so that LinkedIn can assign your visit to our website directly to your account. If you want to
prevent this, you should log out before clicking on the icon. In any case, a connection between your access to our
website and your user account takes place when you log in to LinkedIn after clicking on the icon. LinkedIn is
responsible for the associated data processing under data protection law. Therefore, please refer to the information on
LinkedIn’s website.

The legal basis for any processing attributed to us is our legitimate interest within the meaning of art. 6 (1) (f) GDPR
in the use and advertising of our social media presence.

11.2. Social plugins

On our website, you can use social plugins from the following providers:

  • Meta Platforms Inc., 1601 S California Ave, Palo Alto, CA 94304, USA, privacy policy;
  • LinkedIn Unlimited Company, Wilton Place, Dublin 2, Irland, privacy policy.

 

We use social plugins to make it easier for you to share content from our website. The social plugins help us to
increase the visibility of our content in social networks and thus contribute to better marketing.

The plugins are deactivated by default on our websites and therefore do not send any data to the social networks when
you simply visit our website. Only when you activate the plugins and thus give your consent to the transmission of data
and further processing by the providers of the social networks, your browser establishes a direct connection to the
servers of the respective social network.

The content of the plugin is transmitted directly from the social network to your browser and integrated into the
website. As a result, the respective provider receives the information that your browser has accessed the corresponding
page of our website, even if you do not have an account of this social network or are not currently logged in to it.
This information (including your IP address) is transmitted by your browser directly to a server of the provider
(usually in the USA) and stored there. We have no influence on the scope of data that the provider collects with the
plugin, although from a data protection point of view we can be regarded as jointly responsible with the providers to a
certain extent.

If you are logged in to the social network, it can assign your visit to our website directly to your user account. When
you interact with the plugins, the corresponding information is also transmitted directly to a server of the provider
and stored there. The information may also be published on the social network and may be displayed to other users of the
social network. The provider of the social network may use this information for the purpose of placing advertising and
designing the respective offer in line with demand. For this purpose, usage, interest and relationship profiles could be
created, e.g., to evaluate your use of our website with regard to the advertisements displayed to you on the social
network, to inform other users about your activities on our website and to provide other services related to the use of
the social network. The purpose and scope of the data collection and the further processing and use of the data by the
providers of the social networks, as well as your rights in this regard and setting options for the protection of your
privacy, can be found directly in the privacy policy of the respective provider.

If you do not want the provider of the social network to assign the data collected via our website to your user account,
you must log out of the social network before activating the plugins. In the case of the processing described above,
your consent within the meaning of art. 6 (1) (a) GDPR forms the legal basis. You can revoke your consent at any time
with effect for the future.

12. Disclosure of data to third parties

Without the support of other companies, we would not be able to provide our services in the desired form and
efficiently. In order to be able to use the services of these other companies, it is also necessary to disclose your
personal data to a certain extent. Such disclosure takes place, in particular, insofar as this is necessary for our
membership management. The legal basis for these transfers is the performance of the contract within the meaning of art.
6 (1) (b) GDPR.

The data will also be passed on to our umbrella organisation, Federation Suisse Mediation (FSM), as well as service
providers and only to the extent necessary for the provision of our services. Various third-party service providers are
already explicitly mentioned in this Privacy Policy. These are, for example, IT service providers (such as providers of
software solutions) or advertising agencies. The legal basis for this data transfer is our legitimate interest within
the meaning of art. 6 (1) (f) GDPR in the procurement of third-party services.

13. Transfer of personal data abroad

We are entitled to transfer your personal data to third parties abroad if this is necessary to carry out the data
processing specified in this Privacy Policy. Of course, the legal requirements on the disclosure of personal data to
third parties are complied with. If the country in question does not have an adequate level of data protection, we
ensure that your data is adequately protected by these companies by means of contractual arrangements.

14. Retention periods

We only store personal data for as long as it is necessary to carry out the processing described in this Privacy Policy
within the scope of our legitimate interest. In the case of contract data, storage is prescribed by statutory retention
obligations. Requirements that oblige us to retain data result from the provisions on accounting and tax regulations.
According to these regulations, business communications, concluded contracts and accounting documents must be retained
for up to 10 years. The data will be deleted or anonymized as soon as there is no longer any obligation to retain it and
there is no longer a legitimate interest in storing it.

15. Data security

We use appropriate technical and organizational security measures to protect your personal data stored by us against
loss and unlawful processing, in particular unauthorized access by third parties. Our employees and service providers
are bound by us to maintain confidentiality and privacy. They will only have access to personal data to the extent
necessary to perform their duties.

Our security measures are continuously adapted in line with technological developments. However, the transmission of
information via the Internet and electronic means of communication always involves certain security risks and we cannot
guarantee the security of information transmitted in this way.

16. Your rights

Provided that the legal requirements are met, you as a data subject have the following rights:

  • Right of access: You have the right to request access to your personal data stored by us at any
    time, free of charge, when we process it. This gives you the opportunity to verify which personal data we process
    about you and that we use it in accordance with applicable data protection regulations.

 

  • Right to rectification: You have the right to have inaccurate or incomplete personal data
    rectified and to be informed of the rectification. In this case, we will inform the recipients of the data concerned
    about the adjustments made, unless this is impossible or involves disproportionate effort.

 

  • Right to erasure: You have the right to have your personal data erased under certain
    circumstances. In individual cases, in particular in the case of statutory retention obligations, the right to
    deletion may be excluded. In this case, if the conditions are met, the deletion may be replaced by a blocking of the
    data.

 

  • Right to restriction of processing: You have the right to request that the processing of your
    personal data be restricted.

 

  • Right to data portability: You have the right to receive from us personal data that you have
    provided to us free of charge in a readable format.

 

  • Right to object: You can object to data processing at any time.

 

  • Right of revocation: In principle, you have the right to revoke your consent at any time.
    However, processing activities based on your consent in the past do not become unlawful as a result of your
    revocation.

 

  • Right to lodge a complaint: You have the right to lodge a complaint with a competent supervisory
    authority, e.g., against the way in which your personal data is processed.

 

To exercise these rights, please use the contact options under Section 2.

 

Updated: July 2024