Privacy Statement (EU)

As of 11 January 2024

The following data protection declaration applies to SDM Digital Agency GmbH, Growth Fundamentals/ stg-bakenplay-staging.kinsta.cloud,  and its sub-domains, affiliated sites, and SDM Digital Agency GmbH’s pages and accounts on LinkedIn, Facebook, and Instagram (“Website”/”Site”/“Websites”/”Sites”).

It defines the principles according to which all personal data that we collect from you and/or that you make available to us, are processed. We respect your privacy choices and understand your need to keep your personal information private. We are committed to safeguarding all information we collect from you when you make use of our Content, Services, and/or Products.

If you are a User, Visitor, Viewer, Subscriber, Client, and/or Customer of our Sites (“User”, “You”, and/or “Your”), read this Privacy Policy in its entirety before using, viewing, downloading, purchasing from, or accessing our Site, Contents, Services, and/or Products.

By using our Sites, you consent to the terms and conditions of this policy declaration.

If you do not accept it, please do not access our Sites.

GENERAL INFORMATION ABOUT THE COLLECTION OF PERSONAL DATA AND PROVIDER IDENTIFICATION

  1. In the following, we inform you about the collection of personal data when using our Site/s. Personal data are all data that relate to a specific or identifiable person.  For example, name, address, e-mail addresses, user behavior, etc.
  2. Consenting to our use of cookies under the terms of this policy when you first visit our website permits us to use cookies every time you visit our website.
  3. These Sites and SDM Digital Agency GmbH are represented by Sophie Declercq (“I”/ “We”/ “Us”/ “Our”) and are located in Bern, Switzerland.  We can be contacted at sophie@sdm-digitalagency.com.

WHAT DO WE COLLECT?

We collect, store, and use the following personal data:

  1. Personal Identification Information (First Name, Last Name, E-mail Address, Physical Address, Telephone Number)

We also collect,  store, and use data about your behavior, for example, purchase data, and data from your Computer including your IP Address, Geographical Location, Browser Type, Time Zone, Operating System, Browser Version, Pages on our Site that you visit, time and date of visit, and time spent on those pages. 

Lastly, we collect information contained in any communications that you send to us by email or through our website, including its communication content and metadata. 

HOW DO WE COLLECT YOUR PERSONAL DATA?

In most instances, you directly provide us with the data that we collect. We collect and process data when you:

  1. Register with our Sites or Create an Account on any of our Membership Sites.
  2. Subscribe to our email list or newsletter.
  3. Visit our Sites.
  4. Purchase anything from our Sites.
  5. Download anything from our Sites, including freebies, lead magnets, and the like
  6. Contact us through e-mail or the contact button on our Sites.
  7. Participate in contests or giveaways.
  8. Enter our Sites for purpose of gaining access to our blog, membership areas, and private pages.
  9. Leave a review or feedback
  10. Voluntarily complete a customer survey

We collect information about your computer including your IP address, geographical location, browser type and version, and operating system by automatic data collection technologies including Google Analytics, Facebook Pixels, Hubspot, Cookies, and similar methods, as detailed below. This means that the moment you browse our Site, we are already collecting this data.

We collect communication content and metadata when you post it to our Sites or mobile application, and when metadata is generated by our website in connection with your communication.

Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information under this policy.

HOW DO WE USE YOUR PERSONAL INFORMATION?

Personal data that you submit to us voluntarily, through our Site, or other means will be used to:

  1. Administer our Sites and business.
  2. Personalize our Site for you.
  3. Enable your use of the services available on our Sites.
  4. Allow users access to our private groups.
  5. Supply services.
  6. Process orders.
  7. Send you statements, invoices, and payment reminders to you, and collect payments from you.
  8. Send you non-marketing commercial communications.
  9. Send you email notifications that you have specifically requested.
  10. Send you newsletters if you subscribed to our website. You can inform us at any time if you no longer require the newsletter.
  11. Send you marketing communications relating to our business or the businesses of carefully selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology. You can inform us at any time if you no longer require marketing communications.
  12. Provide third parties with statistical information about our users.  We never provide third parties with data that will be able to identify any individual user from that information.
  13. Deal with inquiries and complaints made by or about you relating to our Site, Products, or Services.
  14. Keep our Sites secure and prevent fraud.
  15. Verify compliance with the terms and conditions governing the use of our Sites including monitoring private messages sent through our Site’s private messaging service, and
  16. Comply with a legal obligation.
  17. Protect the life or physical safety of the data subject.
  18. Other uses consistent with this Privacy Policy.

If you submit personal information for publication on our Site, we will publish and otherwise use that information under the license you grant to us.

We will not, without your express consent, supply your personal information to any third party for their direct or indirect marketing.

WE WILL DISCLOSE YOUR PERSONAL INFORMATION IN THE FOLLOWING INSTANCES

We may disclose your personal information to any of our insurers, professional advisers, regulators, partners, agents, suppliers, or subcontractors as reasonably necessary for the purposes set out in this policy. 

We may disclose your personal information to any member of our group of companies, subsidiaries, and holding companies as reasonably necessary for the purposes set out in this policy.

We will disclose your personal information:

  1. To the extent that we are required to do so by law.
  2. In connection with any ongoing or prospective legal proceedings.
  3. To establish, exercise, or defend our legal rights, including providing information to others for fraud prevention and reducing credit risk.
  4. To the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
  5. To any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

Except as provided in this policy, we will not provide your personal information to third parties.

DETAILS ABOUT OUR PLATFORM AND SERVICE PROVIDER

stg-bakenplay-staging.kinsta.cloud is hosted by WordPress (“Host”).  Our Host provides us with the online platform that allows us to host our blog, membership site, and sell our products and services to you. 

Your data may be stored through our Host’s data storage, databases, and general applications.

Our Host and our other service providers may use analytic tools to measure traffic and usage trends for stg-bakenplay-staging.kinsta.cloud. For example, when you visit stg-bakenplay-staging.kinsta.cloud, our Host may collect the following information from your visit:

  1. the IP address of the computer or device you are using to visit our website,
  2. date and time of access,
  3. name and URL of the data accessed,
  4. the website from which access is made to our domain,
  5. your computer’s operating system and the browser you use,
  6. the country from which access to our website is made and
  7. the name of your internet provider.

This data is stored and managed by our Host, and thus, is subject to its privacy policy. By using stg-bakenplay-staging.kinsta.cloud, you agree to be bound by our Host’s privacy policy, which can be found here: https://wordpress.org/about/privacy/

INTERNATIONAL DATA TRANSFERS

Information that we collect may be stored, processed, and transferred between any of the countries in which we operate to enable us to use the information under this policy.

Information that we collect may be transferred and or processed in Switzerland, the EU, and the United States.

Please take note that the United States is not included in Switzerland’s safe list because it may not have the same data protection regulations as that afforded in Switzerland and the EU. If you are located in Switzerland and you continue to use
our site, despite our declaration, you are consenting to processing of your data in the United States by our Service Provider.

Personal information that you publish or submit for publication on our Sites will be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

You expressly agree to the transfers of personal information described in this Section.

WHAT ARE YOUR RIGHTS?

  1. Right to Access. You have a right to request from us copies of your personal information subject to the following:
    1. the supply of appropriate evidence of your identity such as a photocopy of your passport.
    2. Payment of CHF 25.00 to cover the administrative expenses incurred.
    3. We may withhold personal information that you request to the extent permitted by law.
    4. You may instruct us at any time not to process your personal information for marketing purposes.
  2. Right to Erasure. If you have given your consent to the use of data, you can revoke it at any time.
  3. Right to restrict processing. You have the right to request that we restrict the processing of your personal information, under certain conditions.
  4. The right to object processing. You have the right to object to our processing of your personal information, under certain conditions.
  5. The right to data portability. You have the right to request that we transfer the data that we collected to another organization, or directly to you, under certain conditions.
  6. Right to Rectification. You have the right to request that we correct any information you believe is inaccurate.  You also have the right to request that we complete information you believe is incomplete.
  7. Right to Opt-out We will never sell your information.

We may share your information as necessary with out third-party service providers or collaborators.  You will always be informed in case we will share your information before you opt-in.  In the event you decide to opt-in, you will always have a right to opt-out.

All requests for information, requests for disclosure, or objections to data processing should be sent by e-mail to sophie@sdm-digitalagency.com .  If you make a request, we have seven (7) days to respond to you.  

We may deny your requests in certain instances, for example, we cannot verify that you are the owner of the information or we are legally required to maintain a copy of the personal information.  In that event, we will communicated this fact to you in writing.

You may appeal our decision by responding to the communication denying your request.

HOW DO WE RESPOND TO “DO NOT TRACK” REQUESTS?

Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context.  Like many websites and online services, we currently do not alter our practice when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track.” You may wish to visit http://www.allaboutdnt.com.

HOW LONG DO WE RETAIN YOUR DATA?

We keep data for as long as there is a need to keep it in connection with the purposes for which it was collected. We may keep your personal data after a particular matter or exchange has concluded but purely for record-keeping purposes and to be able to respond to queries. 

Notwithstanding the other provisions of this, we will retain documents, including electronic documents, containing personal data:

  1. To the extent that we are required to do so by law.
  2. If we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
  3. To establish, exercise, or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

While the specific periods vary depending on the circumstances, in general, we will not keep records that include personal data for more than five (5) years after a particular matter or exchange has concluded. 

If you ask us to stop sending you marketing communications or if you Unsubscribe from our email list, we will retain certain details, such as your name, to help us ensure that you are not contacted again.

SECURITY OF YOUR PERSONAL INFORMATION

  1. stg-bakenplay-staging.kinsta.cloud uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content. Data that you transmit to us cannot be read by third parties.
  2. We will take reasonable technical and organizational precautions to prevent the loss, misuse, or alteration of your personal information.
  3. As we are using our Host’s platform for stg-bakenplay-staging.kinsta.cloud  such, we are limited by the processes used by our Host to protect your data, including the use of firewall and encryption for payments.
  4. You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
  5. You are responsible for keeping the password you use for accessing our Sites; we will not ask you for your password except when you log in to our Sites.

COOKIES AND TRACKING TOOLS

Our Site uses cookies. These are small text files that make it possible to save specific, user-related information on your device while you are using our Site. Cookies make it possible for us to determine the frequency of use and the number of users of the pages of our Sites and to analyze the behavior of our Site users. They make our offers more customer friendly. 

Cookies are stored beyond the end of a browser session and can be called up again when you visit the site again. If you do not want this, you should set your internet browser so that it refuses to accept cookies.

You can also delete cookies.  If you are in Europe, you can learn more about how to delete cookies on this website: www.youronlinechoices.com  

Take note however that deleting cookies will have a negative impact on the usability of many websites.

WE USE GOOGLE ANALYTICS 

stg-bakenplay-staging.kinsta.cloud uses Google Analytics, a web analysis service from Google Ireland Limited (“Google Analytics”)

We use Google Analytics for a cross-device analysis of our visitors. We would like to point out that Google Analytics ensured an anonymous collection of IP addresses. If the data collected from you can be linked to a person, it will be excluded and deleted immediately. 

Your full IP address may be sent to a Google Server in the US in exceptional cases. Google will use the information to evaluate your use of our Sites and to compile reports on our Site’s activities. If this exceptional case occurs, Google Analytics has submitted to the EU-US Privacy Shield which you can read here:  https://www.privacyshield.gov/EU-US-Framework.

Google Analytics uses Cookies which you can deactivate using a plug-in for this purpose. You have to take note that if you opt to deactivate Google Analytics, you may not be able to use all functions of our Sites to their full extent.

USE OF PIXELS 

We reserve the right to use technological equivalents of cookies, including social media pixels (i.e. Facebook Pixels). These pixels allow social media sites to track visitors to outside websites to tailor advertising messages users see while visiting that social media website. We reserve the right to use these pixels in compliance with the policies of the various social media sites.

USE OF HUBSPOT CRM AND ANALYTICS

stg-bakenplay-staging.kinsta.cloud  uses Hubspot CRM on this website.  It enables us to manage existing and potential customers, contacts and to communicate with you and to plan and execute marketing activities in accordance with your interests.  Hubspot CRM allows us to capture, sort and analyze customer interactions via email, social media or phone across multiple channels.

We also make use of Hubspot tracking code which includes cookies.  The tracking code allows us to understand how and when our visitors use the website. The information collected enables us to give our customers and potential customers relevant, useful, and personalized marketing, sales, and customer service content.

For details, please refer to Hubspot’s privacy policy which you can read here: https://legal.hubspot.com/de/privacy-policy. Data transmission to the US is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.hubspot.de/data-privacy/privacy-shield.

PRIVACY POLICY PERTAINING TO CHILDREN

Our Sites are not intended for children under 18 years of age. We do not knowingly collect personal information from children under 18 without parental consent. If you are under 18, please do not provide any information on our Sites without the consent of your parent.

If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us.  If we become aware that we have collected personal data from anyone under the age of 18 without verification of parental consent, we take steps to remove the information from our system.

YOUR DATA WHEN YOU PURCHASE ANYTHING FROM OUR SITES

We do not store, nor have access to any payment data (for example, credit/debit card details) related to your purchase. We may have access to limited personal data, such as your name, email address, and which products you purchased. Furthermore, we may use this data to contact you about your purchase, but only if you have given your consent to allow us to do so.

We make use of the following payment gateways: 

  1. If you choose offline payment through Bank Transfer, we will have access to the following information:
    1. Your name
    2. You Bank Account Number

However, we do not have control nor are we responsible for how Banking institutions handle these details. 

If you choose payment via Bank Transfer, you can read about our bank’s privacy policy here: https://www.valiant.ch/privacy-policy

USE OF SOCIAL MEDIA PLUG-INS

We currently use the following social media plug-ins: Meta Platforms, Inc. (Facebook and Instagram), Google, and LinkedIn.

We use the so-called 2-click solution. This means that when you visit our Site, no personal data is initially passed on to the providers of these plug-ins. 

You can recognize the provider of the plug-in by the initial letter/symbol. Only if you click on one of the plug-ins that personal data will be transmitted: When the plug-in is activated, data is automatically transmitted to the respective plug-in provider and stored there. We do not influence the collected data and data processing procedures, nor are we aware of the full extent of the data collection, the purposes, or the storage periods. Since the plug-in provider collects data in particular via cookies, we recommend that you delete all cookies before clicking on the symbols via the security settings of your browser.

If you want to learn how our social media plug-ins provider handles your data, you can read their respective privacy policies here:

Meta Platforms, Inc (Facebook): https://www.facebook.com/privacy/policy 

Meta Platforms, Inc (Instagram): https://privacycenter.instagram.com/policy

LinkedIn Ireland Unlimited Company: https://www.linkedin.com/legal/privacy-policy

Google, Inc., https://policies.google.com/privacy

THIRD-PARTY LINKS

Our Sites may contain links to other websites that are not operated by us.  If you click on a third-party link, you will be directed to that third-party’s site. We strongly advise you to review the privacy policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

OUR SOCIAL MEDIA ACCOUNTS AND THIRD-PARTY APPLICATIONS WE USE.

You may engage with us through our social media accounts and other third-party applications we use.

This privacy policy is also applicable to those engagements as far as practicable. 

Take note that the personal information you transmit to our social media accounts or through third-party applications we use is usually not collected by us but by our social media platform providers. As such, they are governed by the privacy policies of those providers. Likewise, these providers use cookies.

If you want to know how our social media and third-party application provider use and collect your data, please read their respective privacy policies here:

Meta Platforms, Inc (Instagram) https://privacycenter.instagram.com/policy

Meta Platforms, Inc (Facebook) https://www.facebook.com/privacy/policy 

Linkedin Ireland Unlimited Company: https://www.linkedin.com/legal/privacy-policy

Google Inc: https://policies.google.com/privacy

Hubspot, Inc: https://legal.hubspot.com/privacy-policy

OUR E-MAIL POLICY

If you elect to communicate with us via email, we may retain the content of your communications, including your email address. These communications are afforded the same protection as laid out in this privacy policy.

All emails sent to us are confidential. We do not disclose, sell, transfer, or otherwise lease our email list to any third parties, nor will disclose our email list to any third party, except in cases stated in this privacy policy.

In compliance with the provisions of the US CAN-SPAM Act, all emails from us will clearly state the sender’s name and clear and specific information as to how to contact us. Our emails will also provide specific instructions in case you wish to unsubscribe from our email list.

BASIS OF THIS DATA PROTECTION DECLARATION
This Privacy Policy Declaration was written taking into account your rights and the
protection afforded by the Data Protection Laws or Regulations existing in the
following jurisdictions:
1. EU – EU General Data Protection Regulation (EU GDPR)
2. Switzerland: Swiss Federal Data Protection Act (FDPA)
3. Brazil – Lei Geral de Proteção de Dados (LGPD)
4. New Zealand – New Zealand Privacy Act 2020
5. UK – UK GDPR and Data Protection Act
6. California – California Privacy Rights Act (CPRA)
7. US – Childrens Online Privacy Protection Act (COPPA)
8. Canada – Protection of Personal Information and Electronic Documents Act (PIPEDA)
9. Australia – Privacy Act of 1988

AMENDMENTS TO THE DATA PROTECTION DECLARATION

We reserve the right to amend the data protection declaration to adapt it to changed legal situations or in the event of changes to the services offered and data processing. However, this only applies with regard to statements on data processing. If the consent of the users is required or if elements of the data protection declaration contain regulations of the contractual relationship with the users, the changes are only made with the consent of the users.

The users are asked to inform themselves regularly about the content of the data protection declaration.

If you have questions or complaints about this Privacy Policy, contact us at sophie@sdm-digitalagency.com 1