Date: October 14th, 2022

The security and protection of your Personal Data is a priority of Prosperity Digital operating the Website.

Prosperity Digitalis collecting Personal Data from the Users browsing the Website.

This Privacy Notice aims to protect the privacy of the Users when their Personal Data is being Processed by Prosperity Digital and while they are browsing the Website. This Privacy Notice is applicable to all Users of the Website. This Privacy Notice should be read in conjunction with the Terms applicable to the Website.

Prosperity Digital uses privacy by default standards and undertakes to store and Process the Personal Data of the Users in a secure manner and with all appropriate care and attention in accordance with all the Applicable Laws.

1. Definitions

The definitions available in Annex A to this Privacy Notice are applicable to the capitalized terms of this Privacy Notice.

Capitalized terms not defined in this Privacy Notice have the meanings set forth in the Terms available at the following address: [please add].

2. Scope

Prosperity Digital provides this Privacy Notice to describe its procedures regarding the Processing and Disclosure of Personal Data Collected by Prosperity Digital. This Privacy Notice shall apply to any use of the Website and social networks accounts, whatever the method or medium used. It details the conditions at which Prosperity Digital may Collect, keep, use, Process and save information that relates to the Users.

3. Acceptance

4. Processing Principles

While Processing Personal Data, Prosperity Digital will be guided by the following principles:

4.1. Fairness and lawfulness

When Processing Personal Data, the individual rights of the Users will be protected. Personal Data will be Collected and Processed lawfully, in a fair manner, in good faith and will be proportionate to the objective.

4.2. Restriction to a specific purpose

Personal Data Processed by Prosperity Digital will be adequate and relevant to the purpose for which they are Collected and Processed. This requires, in particular, ensuring that the types of Personal Data Collected are not excessive to the purpose for which they are Collected. Subsequent changes to the purpose are only possible to a limited extent and require substantiation.

4.3. Transparency

The User is informed of how his/her/its Personal Data is being Processed. This Privacy Notice informs the User of:

Generally, the User shall obtain this information for any other Personal Data Collected which are not listed in this Privacy Notice.

1. Definitions

The definitions available in Annex A to this Privacy Notice are applicable to the capitalized terms of this Privacy Notice.

Capitalized terms not defined in this Privacy Notice have the meanings set forth in the Terms available at the following address: [please add].

4.4. Accuracy

Personal Data kept on file will be correct and if necessary, be kept up to date. Inaccurate or incomplete Personal Data will not be kept on file and deleted.

5. Collected data

This Privacy Notice applies to all information that is received during the use of the Website by the User.

5.1. Use of the Website without contacting Prosperity Digital

The User may contact Prosperity Digital through the Website by filling in the contact form. This implies that the User grants Prosperity Digital the following Personal Data:

a. Mandatory Personal Data

b. Optional Personal Data

(the “Contact Data”)

5.3. Newsletter

The User may subscribe to the Newsletter through the Website by granting Prosperity Digital the following Personal Data:

a. Mandatory Personal Data

b. Optional Personal Data

(the “Newsletter Data”)

5.4. Support in the development of a company / project

Since Prosperity Digital’s mission is to provide support to foreign companies allowing them to get established quickly and develop their activities in Western Switzerland, Prosperity Digital may decide – at its sole and entire discretion – to support a User in the development of his/her/its project.

In such case, Prosperity Digital will collect Personal Data about the User and his/her/its company or project, which especially but not only includes:

(the “Project Data”)

6. Use of collected data

The following paragraphs describe the various purposes for which Prosperity Digital Collects and Processes the Personal Data of the User listed in Article 5 of this Privacy Notice.

6.1. Legitimate interest

Prosperity Digital has a legitimate interest to Process Users’ Cookies, in order to actively monitor, investigate, prevent and mitigate any potentially prohibited or illegal activities, and/or violations of the Terms or the Applicable Laws.

In addition, Prosperity Digital Processes Users’ Cookies in order to know who uses the Website, to ensure that there is no cyber-security threat, as well as to have an initial verification of the Users that use the Website. Prosperity Digital uses the geographical location information of the User in order to ensure that the Website will not be used in a country/area where it is expressly prohibited for the Website to be used.

Prosperity Digital also Processes Users’ Cookies to evaluate the use of the Website, to optimize and improve the Website, as well as to analyze the preferences and the patterns of each User in order to personalize User’s experience of the Website.

6.2. Consent

a.Generaly

The User is free to communicate to Prosperity Digital the Personal Data he/she/it desires. By voluntarily communicating his/her/its Personal Data to Prosperity Digital, the User expressly Consents that Prosperity Digital Processes the Personal Data communicated.

In any case, Users agree that Prosperity Digital may Process:

For the sake of clarity, Prosperity Digital also Collects and Processes all the Personal Data the User freely and voluntarily indicates in any communication with Prosperity Digital, either by phone, by email, or by mail, as long as these Personal Data is required to answer to a User, to help the User in his/her/its project, as well as to provide the User with the Newsletter and/or with any other kind of service.

b. Communication with Prosperity Digital (Article 5.2)

For the purpose of allowing the User to contact Prosperity Digital, this latter needs to Process the Personal Data described under Article 5.2 (a) of this Privacy Notice. By contacting Prosperity Digital and providing the mandatory Personal Data, the User expressly Consents to the use of his/her/its mandatory Personal Data listed under Article 5.2 (a) of this Privacy Notice.

The User is not obliged to communicate the optional Personal Data listed under Article 5.2 (b) of this Privacy Notice but if he/she/it does, the User expressly Consents to the use of his/her/its optional Personal Data listed under Article 5.2 (b) of this Privacy Notice.

c. Newsletter (Article 5.3)

For the purpose of allowing the User to receive the Newsletter, Prosperity Digital needs to Process the Personal Data described under Article 5.3 (a) of this Privacy Notice. By subscribing to the Newsletter and providing the mandatory Personal Data, the User expressly Consents with the use of his/her/its mandatory Personal Data described under Article 5.3 (a) of this Privacy Notice.

The User is not obliged to communicate the optional Personal Data listed under Article 5.3 (b) of this Privacy Notice but if he/she/it does, the User expressly Consents with the use of his/her/its optional Personal Data described under Article 5.3 (b) of this Privacy Notice.

d. Project Data (Article 5.4)

For the purpose of allowing the User to receive the support of Prosperity Digital within the context of a project in Western Switzerland, Prosperity Digital needs to Process the Personal Data described under Article 5.4 of this Privacy Notice. By contacting Prosperity Digital and providing the Project Data, the User expressly Consents with the use of his/her/its Project Personal Data described under Article 5.4 of this Privacy Notice.

The User is not obliged to communicate the Project Data listed under Article 5.4 of this Privacy Notice but if he/she/it does, the User expressly Consents with the use of his/her/its Project Data described under Article 5.4 of this Privacy Notice.

7. Data disclosure

Prosperity Digital may disclose User’s Personal Data under some circumstances specified in this Article. In any case, Prosperity Digital shall ensure that an adequate protection is guaranteed for User’s Personal Data, especially by using data transfer agreements or data processing agreement (if needed).

In some specific cases, when the level of protection is not guaranteed, Prosperity Digital will obtain User’s prior Consent or establish with the Recipient of Personal Data a contractual framework or sufficient safeguards that ensure an adequate level of protection abroad, especially by using Standard Contractual Clauses. The User may request access to a copy of these safeguards by contacting Prosperity Digital. The User shall be informed of any cross-border transfer in the event that it occurs.

7.1. Prosperity Digital’s employees

Prosperity Digital’s employees may Process User’s Personal Data listed under Articles 5.1 to 5.4 of this Privacy Notice in order to ensure a consistently high service standard and in line with the internal regulations of Prosperity Digital. Prosperity Digital’s employees also have to Process User’s Personal Data to run Prosperity Digital’s activities, which especially include answering to the question of the User, sending the Newsletter, as well as providing support to Users in their project.

The employment contracts of the employees contain confidentiality clause.

7.2. IT Service Provider

The IT Service Provider of Prosperity Digital has access to some of the User’s Personal Data since it hosts the Website and makes sure that the Website technically works.

Contact Data (Article 5.2) and Newsletter Data (Article 5.3) are hosted by the IT Service Provider in Switzerland.

The storage, as well as the Processing of these Personal Data, may require that Personal Data is ultimately transmitted to, and/or stored at a destination outside of the User’s country of residence. Where permitted by law, by accepting the terms of this Privacy Notice, the User accepts that this transmission and disclosure may occur.

7.3. add.com

When Prosperity Digital decides – at its sole and entire discretion – to support a User in his/her/its project, Prosperity Digital needs to Process Project Data.

Thus, Prosperity Digital’s employees create a folder with Project Data which is stored on add CRM (Customer Relationship Management) on servers located in add.

7.4. Public or regulatory authorities

If required from time to time, Prosperity Digital may disclose Personal Data to public authorities, regulators or governmental bodies, including when required by law or regulation, under a code of practice or conduct, or when these authorities or bodies require Prosperity Digital to do so.

8. Retention of user’s personal data

In accordance with Applicable Laws, Prosperity Digital will use User’s Personal Data for as long as necessary to satisfy the purposes for which User’s Personal Data was Collected and/or to comply with applicable legal requirements

9. Security of user’s personal data

Prosperity Digital applies high industry standards and will always apply adequate technical and organizational measures, in accordance with Applicable Laws to ensure that User’s Personal Data is kept secure.

In the event of a Breach, Prosperity Digital shall without undue delay, and where feasible, not later than seventy-two (72) hours after having become aware of it, notify the Breach to the competent supervisory authority, unless said Breach is unlikely to result in a risk to User’s rights and freedoms. If the Breach is likely to result in a high risk to User’s rights and freedoms, Prosperity Digital shall communicate this Breach to the User, if it is feasible, without undue delay.

10. Access to personal data and information rights

User has the right to request access to or information about his/her/its Personal Data which are Processed by Prosperity Digital. Where provided by Applicable Law, the User, his/her successors, his/her/its representatives and/or proxies may (i) request deletion, correction or revision of User’s Personal Data; (ii) oppose the data Processing; (iii) limit the use and Disclosure of User’s Personal Data; and (iv) revoke Consent to any of the Personal Data Processing activities, if Prosperity Digital is relying on User’s Consent and does not have another legal basis or legitimate interest to continue Processing User’s Personal Data.

These rights can be exercised by contacting Prosperity Digital at: info@prosperitydigital.ch attaching a copy of User’s ID. If the request is submitted by a person other than the User, without providing evidence that the request is legitimately made on User’s behalf, the request will be rejected.

The request is free of charge unless User’s request is unfounded or excessive (e.g. if User has already requested such Personal Data multiple times in the last twelve months or if the request generates an extremely high workload). In such a case, Prosperity Digital may charge the User a reasonable request fee according to Applicable Laws. Prosperity Digital may refuse, restrict or defer the provision of Personal Data where it has the right to do so, for example if fulfilling the request will adversely affect the rights and freedoms of others.

11. Portability of personal data

User also have the right to receive his/her/its Personal Data, which he/she/it has provided to Prosperity Digital with, in a structured, commonly used and machine-readable format and has the right to transmit those Personal Data to another Data Controller without hindrance from Prosperity Digital.

These rights can be exercised by contacting Prosperity Digital at: info@prosperitydigital.ch attaching a copy of User’s ID. If the request is submitted by a person other than the User, without providing evidence that the request is legitimately made on User’s behalf, the request will be rejected.

The request is free of charge unless User’s request is unfounded or excessive (e.g. if User has already requested such Personal Data multiple times in the last twelve months or if the request generates an extremely high workload). In such a case, Prosperity Digital may charge the User a reasonable request fee according to Applicable Laws. Prosperity Digital may refuse, restrict or defer the provision of Personal Data where it has the right to do so, for example if fulfilling the request will adversely affect the rights and freedoms of others.

12. Privacy by design and by default

Prosperity Digital will, both at the time of the determination of the means for Processing and at the time of the Processing itself, implement appropriate technical and organizational measures, such as pseudonymization, which are designed to implement data-protection principles, such as data minimization, in an effective manner and to integrate the necessary safeguards into the Processing in order to meet the requirements of the Applicable Laws and protect User’s rights.

Prosperity Digital will implement appropriate technical and organizational measures, in order to ensure that by default, only Personal Data which are necessary for each specific purpose of the Processing are Processed.

This obligation applies to the amount of User’s Personal Data Prosperity Digital Collect, the extent of their Processing, the period of storage and their accessibility. These measures will ensure that by default User’s Personal Data is not made accessible without User’s intervention to an indefinite number of third parties.

13. User’s rights

User has a right to ask Prosperity Digital to rectify or update inaccurate Personal Data Prosperity Digital Collects and Processes and the right to request restriction of User’s Personal Data pending such a request being considered. Where Prosperity Digital Processes User’s Personal Data on the basis of his/her/its Consent, User has the right to withdraw that Consent at any time. The withdrawal of Consent shall not affect the lawfulness of Processing based on Consent before the withdrawal.

User has a right to ask Prosperity Digital to stop Processing his/her/its Personal Data, to restrict the Processing of his/her/its Personal Data by Prosperity Digital or to request deletion of his/her/its Personal Data.

User has the right to request erasure of his/her/its Personal Data that: (i) is no longer necessary in relation to the purposes for which it was Collected or otherwise Processed; (ii) was Collected in relation to Processing that User previously Consented, but later withdraw such Consent; or (iii) was Collected in relation to Processing activities to which User objects, and there are no overriding legitimate grounds for Prosperity Digital Processing.

User may request to receive his/her/its Personal Data in a structured, commonly used and machine-readable format, and to have Prosperity Digital transmits User’s Personal Data directly to another Data Controller, where technically feasible, unless exercise of this right adversely affects the rights and freedoms of others (Portability of Personal Data).

Users are entitled to object to the Processing of their Personal Data for direct marketing purposes, including profiling to the extent it is related to such marketing.

User is entitled to request to Prosperity Digital for a copy of some or all of the Personal Data Prosperity Digital Collects and Processes about the User. In certain circumstances Prosperity Digital may Process User’s Personal Data through automated decision-making, including profiling if this should occur.

Where this takes place, User will be informed of such automated decision-making that uses his/her/its Personal Data, be given information on the logic involved, and be informed of the possible consequences of such Processing. In certain circumstances, User can request not to be subject to automated decision-making, including profiling.

The above-mentioned rights can be exercised by contacting Prosperity Digital at: info@prosperitydigital.ch, attaching a copy of User’s ID. These rights are not absolute (as sometimes there may be overriding interests that require the Processing to continue, for example), but Prosperity Digital will consider User’s request and respond to User with the outcome.

14. Contacting prosperity digital and complaints

Prosperity Digital will answer any questions or concerns the User might have about his/her/its Personal Data.

If the User believes that Prosperity Digital infringed his/her/its right, Prosperity Digital encourages the User to contact Prosperity Digital at: info@prosperitydigital.ch. The User can also complain about the Processing of his/her/its Personal Data to the Office of the Federal Data Protection and Information Commissioner: FDPIC, Feldeggweg 1, 3003 Bern, Switzerland.

The User understands that communicating by e-mail/phone may not ensure confidentiality, integrity and authenticity. Prosperity Digital will not answer any request which will be considered unsafe or not ensuring User’s identity authenticity.

15. Data controler

Prosperity Digital is the Data Controller of the User’s Personal Data listed under Article 5 of this Privacy Notice.

16. Data processor

The IT Service Provider is Data Processor of the Contact Data (Article 5.2) and Newsletter Data (Article 5.3) and Process these Personal Data on the basis of a Data Processing Agreement (DPA).

Salesforce.com is Data Processor of the Project Data (Article 5.4) and Process these Personal Data on the basis of a Data Processing Agreement (DPA).

17. Changes to the privacy notice

Prosperity Digital may modify this Privacy Notice from time to time and will post the most current version on the Website.

If Prosperity Digital makes any material changes it will notify the User by email, prior to the change becoming effective. If a modification reduces User’s rights, a pop-up window will inform the User immediately when he/she/it will browse the Website and the User will have to accept the changes.

18. Links

The Website may contain links which direct the User to third party websites, applications, third parties’ content, as well as may also contain information about third parties and/or third parties’ content.

Prosperity Digital rejects any liability relating to the privacy policy in force on said third party websites or applications, the collection and use of User’s Personal Data by the latter and relating to the contents of said websites or applications (whether the links are hypertext links or deep links).

Furthermore, the User acknowledges and agrees that using the Website could imply downloading or using third party applications. Under no circumstances Prosperity Digital shall be liable for the utilization of these others applications, especially regarding the Personal Data protection rules.

19. Jurisdiction and governing law

This Privacy Notice and any questions relating thereto shall be governed by the laws of Switzerland, to the exclusion of any rules of conflict resulting from private international law.

Any dispute relating to this Privacy Notice must exclusively be brought before the courts of Lausanne, Switzerland, subject to possible recourse to the Federal Court.

20. Contact

To ask questions or make comments on this Cookies Policy or to make a complaint about Prosperity Digital’s compliance with applicable privacy laws, please contact Prosperity Digital through: