With this Privacy Policy, we, 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 respective 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, respectively company, 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 to a uniform and stricter standard of the GDPR. This Privacy Notice must be read together with any other legal notices or terms and conditions provided or made available to you.

I. Name and address of the controller

The respective MME companies are each independent controllers, which decide on the purpose and means of processing personal data. If you have any questions regarding data protection, please do not hesitate to contact us:

 

MME Compliance AG            
Gubelstrasse 22                     
P.O. Box                           
CH-6302 Zug 
Email: dataprotection@mme.ch

 

II. Client relationship and contractual relationship with business partners

1. DESCRIPTION AND SCOPE OF DATA PROCESSING

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:

  • Master data (e.g. names, addresses, functions, organizational affiliation, etc.)
  • Contact data (email address, phone number, etc.)
  • Content data (e.g. text and image files, videos, etc.)
  • Usage data (e.g. access data)
  • Meta/communication data (e.g. IP addresses)
  • Information from public registers (debt collection registers, commercial registers, land registers)
  • Information we obtain in connection with official and court proceedings
  • Information on compliance with legal requirements (e.g. combating money laundering and export restrictions)
  • Information necessary for the assertion and defense of your rights under the mandate
  • Information about you that we receive from people around you (family, advisors, legal representatives, etc.) so that we can conclude contracts with you or with your involvement (e.g. references, your address for deliveries, powers of attorney)
  • Information related to your professional functions and activities
  • Information about you in correspondence and discussions with third parties
  • Creditworthiness information (if we conduct business with you personally)
  • Information from banks, insurance companies, distributors and other contractual partners from us on the use or provision of services by you (e.g. payments made/purchases made)
  • Information from media and Internet about you (as far as this is indicated in the concrete case), as well as
  • References for applications.

2. PURPOSES OF DATA PROCESSING AND LEGAL BASIS

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:

  • Assertion of legal claims and defence in connection with legal disputes and official proceedings;
  • Prevention and clarification of criminal offences and other misconduct (e.g. conducting internal investigations, data analyses to combat fraud);
  • Measures for IT, building and plant security and protection of our employees and other persons and assets entrusted to us (e.g. access controls, visitor lists, network and mail scanners, telephone records);
  • Any transactions under company law and the associated transfer of personal data as well as measures for business management and compliance with legal and regulatory obligations.
  • Offer and further development of our offers and services
  • Advertising and marketing (including the organisation of events), provided that you have not objected to the use of your data;
  • Market and opinion research, media monitoring.

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.

3. DATA TRANSFER TO THIRD PARTIES AND TRANSBOARDER DATA FLOWS

As part of our business activities, we may disclose your personal information to third parties (such as other MME companies, courts, government agencies, 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) as well as services provider acting on our behalf (e.g. IT-Provider). We may also be required to disclose your personal information in order to comply with legal or regulatory requirements. Such recipients may be based in Switzerland, the EU or any other country in the world.

If we transfer data to a country without adequate legal data protection, we ensure an appropriate level of protection as legally required in particular by agreeing on the standard contract clauses of the European Commission unless we rely on the statutory exceptions of consent, performance of contracts, the establishment, exercise or enforcement of legal claims, overriding public interests, or because it is necessary to protect the integrity of the persons concerned.

4. DURATION OF STORAGE

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.

III. Use of our website

A. PROVISION OF THE WEBSITE AND CREATION OF LOG FILES

1. DESCRIPTION AND SCOPE OF DATA PROCESSING

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:

  • Information about the browser type and the version used
  • The user's operating system
  • The IP address of the user
  • Date and time of access
  • Websites from which the user's system accesses our website
  • Page viewed on the website

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.

2. PURPOSES OF DATA PROCESSING AND LEGAL BASIS

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.

3. DURATION OF STORAGE

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 respective session in question has ended.

In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period 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.

B. USE OF COOKIES

1. DESCRIPTION AND SCOPE OF DATA PROCESSING

Our website uses cookies. Cookies are small text files that are automatically stored on the hard disk of your computer when you visit our website. The cookies do not pose any danger to the computer.

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.

2. PURPOSE OF DATA PROCESSING AND LEGAL BASIS

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these it is necessary that the browser is recognized also after a page change.

We need cookies for the following applications:

  • Adoption of language settings
  • Transfer of filter settings (team, magazine articles, publications)

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.

3. DURATION OF STORAGE, POSSIBILITY OF OBJECTION AND WITHDRAWAL

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.

As a user, you have full control over the use of cookies. You can prevent the use of cookies by clicking on the "refuse" button in the cookie banner. Furthermore, you can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that all functions of the website can no longer be used to their full extent.

C. NEWSLETTER

1. DESCRIPTION AND SCOPE OF DATA PROCESSING

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 that is providing its services on our behalf.

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.

2. PURPOSE OF DATA PROCESSING AND LEGAL BASIS

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.

3. DURATION OF STORAGE

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.

4. POSSIBILITY OF OPPOSITION AND WITHDRAWAL

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.

D. CONTACT FORM AND E-MAIL CONTACT

1. DESCRIPTION AND SCOPE OF DATA PROCESSING

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:

  • First name and surname
  • Company (voluntary)
  • E-mail address (optional)
  • Background and question of your contacting (voluntary)

The following data will also be stored at the time the message is sent:

  • IP address
  • Date and time of the sending process
  • Page on which the form was filled out

Before sending the contact form we will refer to this privacy policy.

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.

2. PURPOSES OF DATA PROCESSING AND LEGAL BASES

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.

3. DURATION OF STORAGE

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.

4. POSSIBILITY OF OBJECTION AND WITHDRAWAL

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.

E. DATA TRANSFER TO THIRD PARTIES AND TRANSBOARDER DATA FLOWS

1. IT PROVIDER

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.

2. USE OF HUBSPOT

We use HubSpot, a service from HubSpot Germany GmbH, on our website for our online marketing activities.

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 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 and Hubspot can access this data from anywhere in the world. With regard to data transfers to countries without an adequate level of data protection, Hubspot ensures appropriate guarantees for the data transfer.

Further information about the functioning of HubSpot can be found in the data protection declaration of HubSpot at: http://legal.hubspot.com/de/privacy-policy.

If a collection by HubSpot is generally not desired, the storage of cookies can be prevented at any time by appropriate browser settings (see above under point B.3).

3. WEB ANALYSIS BY GOOGLE ANALYTICS

3.1 SCOPE OF THE PROCESSING OF PERSONAL DATA

On our website we use Google Analytics. Google Ireland (based in Ireland) is our provider of “Google Analytics” and acts as our processor. Google Ireland relies on Google LLC (based in the US) as a processor for its services (both “Google”). Google uses performance cookies (see above) to track the behavior of visitors to our website (duration, frequency of pages viewed, geographic origin of access, etc.) and compiles reports for us on the use of our website on this basis. We have configured the service so that the IP addresses of visitors are shortened by Google in Europe before being forwarded to the US and thus cannot be traced. We have turned off the "Data Forwarding" and "Signals" settings. Although we can assume that the information we share with Google is not personal data for Google, it is possible that Google can draw conclusions about the identity of visitors from this data for its own purposes, create personal profiles and link this data to the Google accounts of these persons. If you consent to the use of Google Analytics, you explicitly agree to such processing, which also includes the transfer of personal data (in particular usage data for the website and app, device information and individual IDs) to the US and other countries not offering adequate data protection from a Swiss/EU perspective. Information on the data protection of Google Analytics can be found here and if you have a Google account, you can find further details on processing by Google here.

3.2 PURPOSES OF DATA PROCESSING AND LEGAL BASIS

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.

3.3 DURATION OF THE STORAGE AS WELL AS OBJECTION AND WITHDRAWAL POSSIBILITY

The data is deleted as soon as it is no longer required for our recording purposes. As a user, you have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that all functions of the website can no longer be used to their full extent.

Information from the third party provider Google:

Address:

Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland

Terms of use:

http://www.google.com/analytics/terms/de.html

Overview of data protection:

http://www.google.com/intl/de/analytics/learn/privacy.html

and the privacy policy:

http://www.google.de/intl/de/policies/privacy

4. WEB ANALYTICS WITH HOTJAR

We use Hotjar to analyze and regularly improve the use of our website. We can use the statistics obtained to improve our offer and make it more interesting for you as a user. On our behalf, Hotjar uses this information to evaluate the use of the website, compile reports on website activity and provide other services relating to website activity and internet usage. The information generated by the cookie about your use of our website and other electronic offers (e.g. app) are usually transmitted to and stored on a server of Hotjar.

We use Hotjar's anonymization function for this purpose. This shortens your IP address and ensures that the analysis data is not personally identifiable. We do not combine the data with other personal data.

You can opt out of the analytics feature by simply enabling the default "Do not Track" feature in your browser. In this case, we will not process your personal data in the manner described here. An explanation of how you can activate the "Do not Track" function can be found at this link: https://www.hotjar.com/policies/do-not-track/.

IV. Rights of the data subject

You have the right to access, 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.

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.

RIGHT TO WITHDRAW AND OBJECT

If we process data on the basis of your consent, you have the right to withdraw your consent with effect for the future at any time.

In addition, you have the right to object to the processing of your data if we process it based on our legitimate interests or for direct marketing purposes.

Please note that even if you have decided to withdraw your consent, we may continue to process your personal data to the extent required or permitted by law.

V. Amendments to this privacy statement

We reserve the right to change this Privacy Policy at any time without notice. We will notify you of any changes by posting the updated Privacy Policy on our website. Any changes we make will be effective from the date we post them on our website.

November 2023