Privacy Policy | Brunner BI

1. What is this Privacy Policy about?

In this Privacy Policy, we explain how we process personal data, particularly in the context of our business activities and the sale of Measure Killer software licenses, to the extent that such processing is not obvious and applicable data protection law requires disclosure. This Privacy Policy is for informational purposes and does not form part of any contract with you, even if a contract refers to this Privacy Policy.

If you have further questions about our data processing, please feel free to contact us (see Section 2).

2. Who is responsible for processing your data?

The following entity is the “controller” for the data processing described in this Privacy Policy, i.e., the entity primarily responsible under data protection law (also referred to as “we”):

Brunner BI GmbH, Baarerstrasse 52, 6300 Zug, SWITZERLAND

If you have any questions regarding data protection, you can contact us at the following email address: gregor@brunner.bi

3. How do we process data in connection with our products and services?

When you use our products and services (collectively “services”), we process data to prepare and execute the relevant contract:

When we enter into a contract with you, e.g., for the sale of a Measure Killer Enterprise license, a delivery contract, etc., we process data from the pre-contractual phase, such as offers and details related to the conclusion of the contract (e.g., contract date and subject matter). During and after the contract term, we process information about the contract or use of services, payments, customer service interactions, claims, complaints, contract termination, and—if disputes arise in connection with the contract—related procedures.
[If you register and log in on one of our websites (e.g., www.brunner.bi), we process the information collected during registration and details about your actions while logged in, or before or after logging in, if we can attribute the collected data to you (see also Section 7).]
[If you order services online from us (e.g., on measurekiller.com), we process your contact details, shopping cart or order details, delivery location and shipping information, and payment details.]
If you provide us with data in other ways, e.g., [via a Measure Killer Trial license], we process the data provided.

We also process the aforementioned data for statistical evaluations to support the improvement and development of products and business strategies. We may also use this data for personalized marketing purposes; further details can be found in Section 4.

For business partners that are companies, we process less personal data, as data protection law only applies to data of natural persons (i.e., individuals). However, we process data of contact persons with whom we communicate, e.g., name, contact details, professional information, and details from communications, as well as information about executives, as part of general information about the companies we work with.

You may provide us with data relating to other individuals (e.g., [representatives, colleagues, family members, beneficial owners]). We assume that this data is accurate and that you are authorized to provide it to us. We ask that you inform these individuals about our data processing (e.g., by referring them to this Privacy Policy).

4. How do we process data in connection with advertising?

We also process personal data to promote our services:

Newsletters: We send electronic information and newsletters that may include advertising for our offerings. We obtain your consent beforehand, except when promoting certain offerings to existing customers. In this context, in addition to your name and email address, we process information about which services you have used, whether you open our newsletters, and which links you click. Our email service provider provides a function that primarily uses invisible image data loaded via an encoded link to transmit this information. This is a common practice that helps us assess the effectiveness of newsletters and optimize them. You can avoid this tracking by configuring your email program accordingly (e.g., by disabling the automatic loading of image files).
Events: We may organize events. If you participate, we process registration data to organize and conduct the event and, if applicable, to contact you afterward. We may also take photos or recordings at the event, which we may share, e.g., on social media. We will inform you separately in such cases.
Promotional calls: We may call our customers and, in individual cases, potential customers, and process the relevant data about our conversation partners and, if applicable, related individuals at the contacted company.
Market research: We process data to improve services and develop new products, e.g., information about your purchases, your responses to newsletters, data from customer surveys or polls, social media, media monitoring services, or public sources.

5. How do we disclose data?

We may disclose personal data to various recipients in the course of our activities, including in particular:

Persons related to you, e.g., [authorized representatives, guarantors, deputies, or family members], and, for contact persons of companies, employees and the company itself;
Intermediaries, if we work with intermediaries for our services and share information about you with them so they can contact you directly;
Credit agencies and providers of sanctions or other databases, to whom we may disclose necessary information about you as part of an information request
Authorities, agencies, and courts in connection with our legal obligations and procedures in which we are a party or third party;
Third parties, e.g., in connection with the acquisition or sale of assets by us;
Service providers, particularly providers of IT services (e.g., hosting or data analysis services), administrative and consulting services, [shipping and logistics services], as well as services from banks, postal services, etc. For service providers related to our website, see Section 6. These service providers may process personal data to the extent necessary.

The recipients of data are not only located in Switzerland. This particularly applies to certain service providers (especially IT service providers). These providers and their subcontractors are located both within the EU/EEA (e.g., Switzerland) and in other countries worldwide, e.g., Brazil. We may also transfer data to authorities or other entities abroad if legally required or, e.g., in connection with a company sale or legal proceedings (see Section 9). Not all of these countries have adequate data protection. We address lower levels of protection through appropriate contracts, particularly the so-called Standard Contractual Clauses of the European Commission, which are available [here]. In certain cases, we may transfer data without such contracts in accordance with data protection requirements, e.g., if you have consented to the disclosure or if it is necessary for contract performance, the establishment, exercise, or enforcement of legal claims, or for overriding public interests.

6. How do we process data in connection with our website?

What data is collected when using our website?

[The explanations in this Section 6 primarily refer to our website. However, we also provide an app where similar processing takes place. This Section 6 therefore also applies to our Measure Killer app, with some differences in detail.]

When you use our website, certain data is automatically collected for technical reasons and temporarily stored in log files (log data), including:

The IP address of your device;
Information about your internet service provider and operating system;
The referring URL;
Browser details;
Date and time of access;
Content accessed during the visit.

Our website also uses cookies, i.e., files that your browser automatically stores on your device. This allows us to distinguish individual visitors, usually without identifying them. Cookies may include information about visited pages and the duration of the visit. Certain cookies (“session cookies”) are deleted when you close your browser, while others (“persistent cookies”) remain stored for a certain period to recognize returning visitors. We may also use other technologies, e.g., for storing data in the browser or for recognition, such as pixel tags or fingerprints. Pixel tags are invisible images or code loaded from a server to enable specific analyses. Fingerprints are details about your device’s configuration that distinguish it from other devices.

We use log data and data collected via cookies and similar technologies to:

Enable the use of our website;
Ensure system security and stability;
Optimize our website;
For statistical purposes.

Cookies and other technologies may also come from third-party companies that provide us with certain functions. Further details are provided below.

You can configure your browser settings to block certain cookies or similar technologies or to delete cookies and other stored data. More information can be found in your browser’s help pages (usually under “Privacy”).

How do our service providers process data for our website?

Cookies and similar technologies from third-party providers enable them to create analyses and evaluations for us to track the use of our website and optimize our online offerings. Additionally, these third parties may target you with personalized advertising on their websites or social networks operated by them or their partners and measure the effectiveness of advertisements (e.g., whether you accessed our website via an ad and what actions you took). These third-party providers may record website usage and combine their records with additional information from other websites. This allows them to track user behavior across multiple websites and devices to provide us with statistical evaluations. These providers may also use this information for their own purposes, e.g., personalized advertising on their own or other websites. If a user is registered with the provider, the provider may attribute usage data to that individual.

Two examples of our service providers are Wix and Google. Further details are provided below. We may also use other third-party providers, which generally process personal and other data in a similar manner.

We use Google Analytics on our website, a service provided by Google LLC (Mountain View, USA) and Google Ireland Ltd. (Dublin, Ireland). Google collects certain information about user behavior on the website and the device used. IP addresses of visitors are truncated in Europe before being transferred to the USA. Google provides us with evaluations based on the recorded data but also processes certain data for its own purposes. Information about Google Analytics’ privacy practices can be found [here], and if you have a Google account, additional details are available [here].

7. Are there other processing activities?

Yes, many processes are not possible without processing personal data, including common and even unavoidable internal procedures. These cannot always be precisely determined in advance, nor can the extent of the data processed, but typical cases are outlined below:

Communication: When we communicate with you (e.g., [via customer service calls] or [on a social media platform]), we process information about the content, type, time, and place of communication. For identification purposes, we may also process data related to identity verification. [Phone calls with us may be recorded [and monitored]; we will inform you of this at the start of the call. If you do not wish for calls to be recorded, you can end the call and contact us through another method (e.g., email).]
Compliance with legal requirements: We may disclose data to authorities as part of legal obligations or permissions and to comply with internal regulations.
Job applications: If you apply for a position with us, we process the data provided in the application process and, if applicable, additional data from public sources, such as professional social media. We use this data for your application and may also use it for non-personal statistical purposes.
Prevention: We process data to prevent criminal activities and other violations, e.g., in the context of fraud prevention or internal investigations.
Legal proceedings: If we are involved in legal proceedings (e.g., court or administrative proceedings), we process data about parties involved, such as witnesses or informants, and may disclose data to such parties, courts, or authorities, including abroad.
IT security: We process data for monitoring, controlling, analyzing, securing, and auditing our IT infrastructure, as well as for backups and data archiving.
Competition: We process data about our competitors and the general market environment (e.g., political situation, industry associations, etc.). This may include data about key individuals, such as names, contact details, roles, or public statements.
Transactions: When we sell or acquire claims, other assets, business units, or companies, we process data to the extent necessary to prepare and execute such transactions, e.g., information about customers, their contact persons, or employees, and disclose relevant data to buyers or sellers.
Other purposes: We process data as necessary for additional purposes, such as training and education, administration (e.g., contract management, accounting), enforcing or defending claims, evaluating and improving internal processes, creating anonymous statistics and analyses, acquiring or selling claims, businesses, business units, or companies, and safeguarding other legitimate interests.

8. How long do we process personal data?

We process your personal data for as long as necessary for the purpose of processing (for contracts, typically for the duration of the contractual relationship), as long as we have a legitimate interest in storing it (e.g., to enforce legal claims, for archiving, or to ensure IT security), and as long as data is subject to legal retention obligations (e.g., a ten-year retention period applies to certain data). After these periods, we delete or anonymize your personal data.

9. How do we protect your data?

We take appropriate technical and organizational measures to ensure a level of security for your personal data that is proportionate to the respective risk. However, we cannot guarantee absolute data security; certain residual risks cannot be entirely eliminated.

10. What are your rights?

Under the conditions and within the scope of applicable data protection law, you have certain rights to request information about your personal data or to influence our processing of it:

Access: You can request information about whether we process personal data about you, and if so, which data, along with further details about our data processing.
Rectification [and restriction]: You can correct inaccurate personal data and complete incomplete data.
Deletion and objection: You can request the deletion of personal data and object to the processing of your data with effect for the future.
Data portability: You can receive the personal data you provided to us in a structured, commonly used, and machine-readable format, provided the processing is based on your consent or is necessary for contract performance.
Withdrawal of consent: If we process data based on your consent, you can withdraw your consent at any time. The withdrawal applies only to future processing, and we reserve the right to continue processing data on another legal basis if consent is withdrawn.

To exercise any of these rights, please contact us (see Section 2). We will generally need to verify your identity.