With this data protection declaration, we, MME Legal | Tax | Compliance (MME Legal AG, MME Tax AG and MME Compliance AG), would like to inform you about how we process personal data within the scope of our business activities and inform you about your rights. We are aware of the importance of processing personal data for you as a data subject and the protection of your privacy is of the utmost importance to us.
As an internationally operating law firm, the EU General Data Protection Regulation (GDPR) is important to us in addition to the Swiss data protection regulations. We have aligned this data protection declaration with the stricter standard of the GDPR.
All contact addresses can be found at https://www.mme.ch/en/contact. If you have any questions regarding data protection, please do not hesitate to contact us:
MME Legal | Tax | Compliance
Our data protection coordinator (currently RA MLaw Michael Kunz) can also be reached via the following contact details:
Phone number: +41 41 726 99 66
E-mail address: dataprotection[at]mme.ch
We primarily process personal data that we receive directly from our clients within the scope of our client relationships. It is also possible that we receive or collect data from business partners or other persons involved. Insofar as this is permitted and necessary, we also obtain data from publicly accessible sources (e.g. public registers, media, Internet) or receive such data from our clients and their employees, from authorities, (arbitration) courts and other third parties (e.g. counterparties, business partners and contractual partners of our clients).
In addition to the data that we receive directly from you, the categories of personal data that we receive from third parties include, but are not limited to, the following:
We process the personal data collected in order to guarantee the performance of the mandate or for the purpose of concluding the contract, as well as for contract processing, invoicing and communication purposes. The processing of personal data is also necessary for the fulfilment of legal obligations.
Furthermore, we process personal data, as far as permitted and necessary, also for the following purposes, in particular but not limited to those in which we (and also third parties) have a legitimate interest corresponding to the purpose:
If you have given your consent to the processing of your personal data for certain purposes (e.g. to carry out a background check), we will process your personal data within the scope of and based on this consent, insofar as we have no other legal basis and we require such a basis. A given consent can be revoked for the future at any time.
As part of our business activities, we may disclose your personal information to third parties (such as courts, government agencies, dealers, suppliers, auxiliaries (such as, in particular, attorneys and law firms and experts at home and abroad) and other business partners, to related parties, counterparties and other persons) in Switzerland, the EU or other countries for the purposes set out above and where appropriate. We may also be required to disclose your personal information in order to comply with legal or regulatory requirements.
If we transfer data to a country without adequate legal data protection, we ensure an adequate level of protection by means of data transfer agreements (namely on the basis of the so-called standard contractual clauses of the European Commission) or rely on the statutory exceptions of consent, contract and mandate processing, the establishment, exercise or enforcement of legal claims, overriding public interests, published personal data or because it is necessary to protect the integrity of the data subjects. Please contact us if you would like a copy of our data transfer agreements.
The personal data collected by us will only be stored for as long as it is necessary for the execution of the contractual relationship (from the initiation to the termination of a contract) or the other purposes pursued with the processing and/or a legal obligation to store and document or a predominant private or public interest exists. As soon as the personal data collected by us are no longer required for the above-mentioned purposes, they will be deleted or anonymised as far as possible.
Within the framework of our client/business relationship, you must provide us with all personal data required for the establishment and performance of a client/business relationship and the fulfilment of the associated contractual obligations. Without this information, we will generally not be able to enter into or complete a contract with you (or the person you represent).
Each time you access our website, our system automatically collects data and information from the computer system of the accessing computer. The following data is collected:
The IP addresses are stored in the log files of our system. This does not apply to the other data which enable the assignment of the data to a user. These data are not stored together with other personal data of the user.
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the IP address must remain stored for the duration of the session.
The data is stored in log files to ensure the functionality of the website. The data is also used to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
Our legitimate interest in data processing also lies in these purposes.
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the purpose of providing the website, this is the case when the session in question has ended.
If the data is stored in log files, this is the case after seven days at the latest. A storage going beyond this is possible. In this case the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
The collection of data for the provision of the website and the storage of data in log files is mandatory for the operation of the website. There is therefore no possibility of opposition.
Technically necessary cookies increase the functionality of the website. Cookies that are not technically necessary increase the user-friendliness of the website.
Our cookies can be either session cookies (temporary cookies that identify you as a user and track your progress within our websites as long as your browser is open) or persistent cookies (cookies that allow our websites to "remember" who you are and what your preferences are within our websites and that remain on your computer or device even after you close your browser).
The user data collected in this way is pseudonymised by technical precautions. It is therefore no longer possible to assign the data to the calling user. The data are not stored together with other personal data of the users.
We need cookies for the following applications:
The user data collected by technically necessary cookies are not used to create user profiles.
Cookies that are not technically necessary are used for the purpose of improving the quality of our website and its contents.These cookies tell us how the website is used and enable us to continually optimise our services.
Our legitimate interest in the processing of personal data also lies in the aforementioned purposes.
The session cookies are deleted after a short time, but at the latest when you close your browser. With persistent cookies, the website remembers your preferences and settings so that they are available the next time you visit the website. Permanent cookies are deleted after a certain period of time.
You can subscribe to a free newsletter on our website. We send our existing and potential clients information on legal, tax and compliance issues at irregular intervals. We use external providers for the dispatch and administration of newsletters.
When you register for the newsletter, your personal data, such as name and e-mail address, will be transmitted to the third party provider. In addition, the third party provider saves the date and time of registration for the newsletter in log files and can also collect further information that is not known to us.
Your consent to the processing of the data will be obtained before or during registration and reference will be made to this data protection declaration. No data will be passed on to third parties in connection with data processing for the dispatch of newsletters. The data will be used exclusively for the dispatch of the newsletter.
The collection of your e-mail address serves to deliver the newsletter. The collection of other personal data as part of the registration process serves to prevent misuse of the services or the e-mail address used.
We process your personal data collected during registration for the newsletter based on your consent.
The data is deleted as soon as it is no longer required for the purpose of its collection. The user's e-mail address will therefore be stored as long as the newsletter subscription is active. If a client/business relationship exists between you and us pursuant to Section II, the provisions set out in Section II.4 shall apply.
The other personal data collected during the registration process will generally be deleted after a period of seven days.
The subscription of the newsletter can be cancelled by the affected user at any time. For this purpose there is a corresponding link in every newsletter. This also enables the with-drawal of the consent to the storage of personal data collected during the registration process.
A contact form is available on our website, which can be used for electronic contact. If a user makes use of this possibility, the data entered in the input mask will be transmitted to us and stored. These data are:
The following data will also be stored at the time the message is sent:
Alternatively, it is possible to contact us via the e-mail address provided. In this case the personal data transmitted by you by e-mail will be stored.
The processing of the personal data from the input mask or from the e-mail you have sent to us serves us solely to process the establishment of contact. The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems. This is also our legitimate interest in the processing of the data.
If the purpose of establishing contact is to conclude a contract, data processing is also necessary for the purpose of implementing pre-contractual measures as well as for the fulfilment and execution of the contract.
In order to ensure compliance with our contractual and legal obligations (in particular with regard to storage and documentation obligations as an accredited lawyer), we require access to all user communications. Consequently, the personal data from the contact form or the personal data sent by e-mail will be deleted at the earliest after 10 years.
The additional personal data collected during the sending process will be deleted at the latest after a period of seven days.
If data in the contact form is not clearly marked as voluntary and the processing is not carried out on the basis of a consent, we cannot provide our intended service if the consent for data processing is refused.
We work with third parties who provide services to us and may share your personal information with them, for example with IT providers who may have limited access to your personal information in software or system support.
We use HubSpot, a service from HubSpot Inc., on our website for our online marketing activities. HubSpot Inc. is a software company from the USA with an office in Ireland. Contact: HubSpot, 2nd Floor, 30 North Wall Quay, Dublin 1, Ireland. Hubspot Inc. is certified according to the EU American as well as the Swiss-American Privacy Shield and thus guarantees adequate data protection.
So-called web beacons are used and cookies are also set, which are stored on your computer and enable us to analyse your use of the website. HubSpot Inc. evaluates the information collected (e.g. IP address, geographical location, type of browser, duration of visit and pages viewed) on our behalf in order to generate reports on the visit and pages viewed.
If newsletters are subscribed to as described in Section C and other documents are obtained, HubSpot can also link a user's visits to our website to personal data (above all name/email address) on the basis of a consent given, thus recording personal data and informing users individually and purposefully about preferred subject areas.
We use all information collected exclusively to optimise our branding. This is also our legitimate interest in data processing.
This information and the contents of our website are stored on HubSpot Inc. servers in the USA. They can be used by us to contact visitors to our website and to determine which services of our company are of interest to them.
Further information about the functioning of HubSpot can be found in the data protection declaration of HubSpot Inc. at: http://legal.hubspot.com/de/privacy-policy.
If a collection by HubSpot Inc. is generally not desired, the storage of cookies can be prevented at any time by appropriate browser settings (see above under point B.3).
On our website we use Google Analytics, a web analysis service of Google Inc. "("Google"). Google Analytics uses persistent cookies (see above) to collect anonymous information, such as the number of visitors to the website, from where they log on, which pages they view and how long they stay on our website.
The information generated by the cookies about your use of this website is usually transmitted to a Google server in the USA and stored there. Google will use this information on our behalf to evaluate your use of our website, to compile reports on website activity and to provide us with other services relating to website activity and internet usage.
Our website uses Google Analytics with the extension "_anonymizeIp()". This means that IP addresses are shortened for further processing, which means that a personal reference can be ruled out. As far as the data collected about you is related to a person, this is immediately excluded and the personal data deleted immediately. The IP address of the user is shortened by Google within member states of the European Union or in other EEA contracting states before the transmission. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. The IP address transmitted by the user's browser as part of Google Analytics is not merged with other Google data.
The processing of the data enables us to analyse the surfing behaviour of our users. By evaluating the data obtained, we are able to compile information about the use of the individual components of our website. This helps us to constantly improve our website and its user-friendliness. In these purposes, our legitimate interest lies in the processing of the data. By anonymizing the IP address, the interest of users in the protection of their personal data is sufficiently taken into account.
Information from the third party provider Google:
Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland
Overview of data protection:
Our website uses features of the web analytics service Hotjar, which is provided by Hotjar Ltd, a company incorporated in Malta (“Hotjar Ltd"). We have entered into a data processing agreement with Hotjar Ltd and fully implement the strict requirements of the GDPR when using Hotjar.
Hotjar Ltd stores the personal data collected in a pseudonymized user profile. The information will not be used by Hotjar Ltd. or by us to identify individual users, nor will it be combined with other data about individual users.
We have integrated components from YouTube on our website. YouTube is an Internet video portal that allows video publishers to post video clips and other users to view, rate and comment on these published videos free of charge. YouTube permits the publication of all types of videos, which is why complete film and television programmes, but also music videos, trailers or videos made by users themselves can be called up via the Internet portal.
YouTube is operated by YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
Each time a YouTube component (YouTube video) has been integrated into one of the individual pages of our website, the Internet browser on the user's information technology system is automatically prompted by the respective YouTube component to download a display of the corresponding YouTube component from YouTube. As part of this technical process, YouTube and Google obtain information about which specific subpage of our website is visited by the user. Further information on YouTube can be found at https://www.youtube.com/yt/about/de.
If the user is logged in to YouTube at the same time, YouTube recognizes which specific subpage of our website the user is visiting by accessing one of our subpages containing a YouTube video. This information is collected by YouTube and Google and assigned to the respective YouTube account of the user.
YouTube and Google receive information via the YouTube component that the user has visited our website if the user is logged in to YouTube at the same time as accessing our website; this takes place regardless of whether the user clicks on a YouTube video or not. Such transmission of this information to YouTube and Google may be prevented by logging out of your YouTube account before accessing our website.
You have the right to information, correction, limitation of data processing, deletion of personal data, objection, revocation of the declaration of consent under data protection law for the future and data transferability within the framework of the data protection law applicable to you and to the extent provided for therein (such as in the case of the GDPR).
In addition, you have the right to assert your claims in court or to file a complaint with the responsible data protection authority. Switzerland's competent data protection authority is the Federal Data Protection and Information Commissioner.
MME Legal | Tax | Compliance, September 1st, 2018