SEERVISION GmbH’s Data Protection Statement
Version effective as of 01 December 2023
With this Data Protection Statement we, Seervision GmbH (hereinafter Seervision, we or us), with its domicile at Hohlstrasse 186, 8004 Zurich, Switzerland, describe the ways we collect, handle, use and process personal data. Data protection is a matter of trust – and your trust is important to us.
Therefore, we are strongly committed to handling personal data in a responsible and legally compliant manner. This Data Protection Statement is not necessarily a comprehensive description of our data processing. It is possible that other data protection statements or General Terms and Conditions, privacy policies or similar documents are applicable to specific circumstances and/or apply in addition.
The term “personal data” in this Data Protection Statement shall mean any information that identifies, or could reasonably be used to identify any natural person.
If you provide us with personal data of another person (such as clients, employees, work colleagues, customers, family members, etc.), you must ensure the respective person is aware of this Data Protection Statement; you must only provide us with their personal data if you are allowed to do so and have ensured that such personal data is correct.
This Data Protection Statement is in line with the EU General Data Protection Regulation (GDPR). Although the GDPR is a regulation of the European Union (EU), it may be relevant for us. The Swiss data protection legislation (FADP) is influenced by EU law. In addition, companies outside of the EU or the European Economic Area (EEA) must comply with the GDPR in certain cases.
1. Controller / Data Protection Officer / Representative
The “controller” of data processing as described in this Data Protection Statement (i.e. the responsible person or entity) is Seervision, unless we have informed you differently in certain cases (referred to in this Data Protection Statement). You can notify us of any data protection-related concerns using the following contact details:
SEERVISION, c/o Data Protection Officer, Hohlstrasse 186, 8004 Zürich, Email: dataprotection@seervision.com
2. Collection and Processing of Personal Data
We primarily process personal data that we obtain from our clients and other business partners as well as other individuals in the context of our business relationships with them or that we collect from users when operating our websites, apps and other applications.Insofar as it is permitted to us, we obtain certain personal data from publicly accessible sources (e.g., commercial registers, press, internet) or we may receive such information from affiliated companies of Seervision, from authorities or other third parties. Apart from data you provided us with directly, the categories of data we receive about you from third parties include, but are not limited to, information from public registers, data received in connection with administrative or court proceedings, information in connection with your professional role and activities (e.g., in order to conclude and carry out contracts), information about you in correspondence and discussions with third parties, credit rating information (if we conduct business activities with you personally), information about you given to us by individuals associated with you (family, consultants, legal representatives, etc.) in order to conclude or process contracts with you or with your involvement (e.g. references, your delivery-address, powers of attorney), information regarding legal regulations such as export restrictions, information regarding insurances, our distributors and other business partners for the purpose of ordering or delivering services to you or by you (e.g., payments made, previous purchases), information about you found in the media or internet (insofar as indicated in the specific case, e.g. in connection with job applications, media reviews, marketing/sales, etc.), your address and any interests and other socio-demographic data (for marketing purposes), data in connection with your use of our websites (e.g., IP address, information regarding your device and settings, cookies, date and time of your visit, sites and content retrieved, referring website, localization data).
3. Purpose of Data Processing and Legal Grounds / UnsubscribeWe primarily use collected data in order to conclude and process contracts with our clients and business partners, in particular in connection with the licensing of our software developed and being developed and enhanced by us for video analysis allowing to perform tasks of traditional professional video production autonomously as well as to provide all related services to our clients and for the procurement of products and services from our suppliers and subcontractors, as well as in order to comply with our domestic and foreign legal obligations. You may be affected by our data processing in your capacity as an employee or customer of such a client or business partner.In addition, in line with applicable law, performance of contracts and where appropriate, we may process your personal data and personal data of third parties for the following purposes, which are in our (or, as the case may be, any third parties’) legitimate interest, such as:
- execution of orders and performance of contracts;
- providing and developing our products, services and websites, apps and other platforms, on which we are active to ensure customer satisfaction and competitiveness;
- communication with you or third parties and processing of your or their requests (e.g., job applications, media inquiries);
- review and optimization of procedures regarding needs assessment for the purpose of direct customer approach;
- customer acquisition;
- advertisement and marketing (including organizing events, carrying out productions), provided that you have not objected to the use of your data for this purpose (if you are part of our customer base and you receive our advertisement, you may object at any time and we will place you on a blacklist against further advertising mailings);
- market and opinion research, media surveillance;
- asserting legal claims and defense in disputes and proceedings;
- prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
- ensuring our operations, including our IT, our websites, apps and other appliances;
- video surveillance to protect our domiciliary rights and other measures to ensure the safety of our premises and facilities as well as protection of our employees and other individuals and assets owned by or entrusted to us (such as e.g. access controls, visitor logs, network and mail scanners, telephone recordings);
- acquisition and sale of business divisions, companies or parts of companies and other corporate transactions and the transfer of personal data related thereto;
- measures for business management and compliance with legal and regulatory obligations as well as internal regulations (e.g., of ETH Zurich / Wyss Zurich).
If you have given us your consent to process your personal data for certain purposes (for example when registering to receive newsletters or carrying out a background check), we will process your personal data within the scope of and based on this consent, unless we have another legal basis, provided that we require one.Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal. If you wish to unsubscribe from our mailing list simply click on the “unsubscribe” link at the bottom of our website www.seervision.com or click here.
4. Cookies / Tracking and Other Techniques Regarding the Use of our Website
We typically use “cookies” and similar techniques on our websites, which allow for an identification of your browser or device. A “cookie” is a small text file that is sent to your computer and automatically saved by the web browser on your computer or mobile device, when you visit our website. If you revisit our website, we may recognize you, even if we do not know your identity.Apart from cookies that are only used during a session and deleted after your visit of the website (“session cookies”), we may use cookies in order to save user configurations and other information for a certain time period (e.g., two years) (“permanent cookies”). Notwithstanding the foregoing, you may configure your browser settings in a way that it rejects cookies, only saves them for one session or deletes them prematurely. Most browsers are preset to accept cookies.
We use permanent cookies for the purpose of saving user configuration (e.g., language, automated log in), in order to understand how you use our services and content, and to enable us to show you customized offers and advertisement (which may also happen on websites of other companies; should your identity be known to us, such companies will not learn your identity from us; they will only know that the same user visiting their website has previously visited a certain website). Certain cookies are sent to you from us, others from business partners with which we collaborate. If you block cookies, it is possible that certain functions (such as, e.g., language settings, ordering processes) are no longer available to you.
In accordance with applicable law, we may include visible and invisible image files in our newsletters and other marketing emails. If such image files are retrieved from our servers, we can determine whether and when you have opened the email, so that we can measure and better understand how you use our offers and customize them. You may disable this in your email program.
By using our website and consenting to the receipt of newsletters and other marketing emails you agree to our use of such techniques. If you object, you must configure your browser or e-mail program accordingly.
We may use Google Analytics or similar services on our website. These are services provided by third parties, which may be located in any country worldwide (in the case of Google Analytics Google LLC in the USA, www.google.com) and which allow us to measure and evaluate the use of our website (on an anonymized basis). For this purpose, permanent cookies are used, which are set by the service provider. The service provider does not receive (and does not retain) any personal data from us, but the service provider may track your use of the website, combine this information with data from other websites you have visited and which are also tracked by the respective service provider and may use this information for its own purposes (e.g. to controlling of advertisements). If you have registered with the service provider, the service provider will also know your identity. In this case, the processing of your personal data by the service provider will be conducted in accordance with its data protection regulations. The service provider only provides us with data on the use of the respective website (but not any personal information of you).
In addition, we use plug-ins from social networks such as Facebook, Twitter, Youtube, Google+, Pinterest or Instagram on our websites. This is visible for you (typically based on the respective symbols). We have configured these elements to be disabled by default. If you activate them (by clicking on them), the processing of your personal data lays in the responsibility of the respective operator and occurs according to its data protection regulations. We do not receive any information about you from the respective operator.
5. Datatransfer and Transfer of Data Abroad
In the context of our business activities and in line with the purposes of the data processing set out in Section 3, we may transfer data to third parties, insofar as such a transfer is permitted and we deem it appropriate, in order for them to process data for us or, as the case may be, their own purposes. In particular, the following categories of recipients may be concerned:
- our service providers (e.g. banks, insurances), including processors (such as e.g. IT providers);
- agents, dealers, suppliers, subcontractors and other business partners;
- clients;
- domestic and foreign authorities or courts;
- the media;
- the public, including users of our websites and social media;
- competitors, industry organizations, associations, organizations and other bodies;
- investors, acquirers or parties interested in the acquisition of business divisions, companies or other parts in Seervision;
- other parties in possible or pending disputes and proceedings;
- affiliates of Seervision;
together Recipients.
Certain Recipients may be within Switzerland but they may be located in any country worldwide. In particular, you must anticipate your data to be transmitted to any country in which Seervision is represented by agents, affiliates, branches or other offices as well as to other countries in Europe (e.g. Greece), Asia (e.g. Japan and/or China) and/or the USA, Australia and Canada where our service providers are located (such as Google, Microsoft, Hubspot, Atlassian).
If we transfer data to a country without adequate data protection legislation , we ensure an appropriate level of protection as legally required by way of using appropriate contracts (in particular on the basis of what is known as “EU Standard Contractual Clauses” adopted by the European Commission, as adapted to satisfy Swiss law requirements, concluded with the Recipients ) or binding corporate rules or we rely on the statutory exceptions of, e.g., express consent, performance of contracts, the necessity for the establishment, exercise or enforcement of legal claims or safeguarding of overriding public interests, publication by the data subject or necessity to protect the physical integrity of data subjects or third parties.
6. Retention Periods for your Personal Data
We process and store your personal data for as long as is necessary to fulfil the purpose of its collection, required for the performance of our contractual obligations and compliance with legal obligations or other purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, during the performance of the contract until it is terminated) as well as beyond this duration in accordance with legal retention and documentation obligations or as permitted by law.
Personal data may further be retained for the period during which claims can be asserted by or against Seervision or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g., for evidence and documentation purposes). In general, shorter retention periods of no more than twelve months apply for operational data (e.g., system logs). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anonymized, to the extent possible. The foregoing does not apply to personal data contained in back-up copies created as per our customary business practices.
7. Data Security
We have taken appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse such as internal policies, training, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, pseudonymisation, inspections.
8. Obligation to Provide Personal Data To Us
In the context of our business relationship you must provide us with any personal data that is necessary for the conclusion and performance of a business relationship and the performance of our contractual obligations (however, as a rule, there is no statutory requirement to provide us with data). Without this information, we will usually not be able to enter into or carry out a contract with you (or the entity or person you represent). In addition, the website cannot be used unless certain information is disclosed to enable data traffic (e.g. IP address).
9. Profiling and Automated Individual Decision-Making
We may partially process your personal data automatically with the aim of evaluating certain personal aspects (profiling). In particular, profiling allows us to inform and advise you about products possibly relevant for you more accurately. For this purpose, we may use evaluation tools that enable us to communicate with you and advertise you as required, including market and opinion research. However, we consider none of these profiling activities to pose a high risk to your or third parties’ personality or fundamental rights (high-risk profiling) as Seervision does not match data such that it would allow an assessment of essential aspects of the personality of any person.
In establishing and carrying out a business relationship, we generally do not use any fully automated individual decision-making. Should we use such procedures in certain cases, we will inform you separately on this and advise you of your relevant rights if required by law.
10. Your Rights
In accordance with and as far as provided by applicable law, subject always to certain prerequisites, restrictions and exceptions, as applicable, you may have the right to access, rectification and erasure of your personal data, the right to restriction of processing or to object to our data processing in addition to the right to receive certain personal data for transfer to another controller (data portability). Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs on you, we will notify you thereof in advance. We have already informed you of the possibility to withdraw consent and/or unsubscribe in Section 3 above. Please further note that the exercise of these rights may be in conflict with your contractual obligations and this may result in consequences such as premature contract termination or involve costs. If this is the case, we will inform you in advance unless it has already been contractually agreed upon.
In general, exercising these rights requires that you are able to prove your identity (e.g., by a copy of identification documents where your identity is not evident otherwise or can be verified in another way). In order to assert these rights, please contact us at the addresses provided in Section 1 above.
In addition, every data subject in the EEA has the right to lodge a complaint with the competent data protection authority.
11. Amendments of this Data Protection Statement
We may amend this Data Protection Statement at any time for any reason without prior notice. The current version published on our website shall apply. If the Data Protection Statement is part of an agreement with you, we will notify you by e-mail or other appropriate means in case of an amendment, which shall apply as of the date of receipt of said amendment notification.