Important Legal Information
MomentX, Kantonsstrasse 14, 8807 Freienbach (hereinafter also referred to as “we”) is the operator of the website www.momentx.ch (hereinafter referred to as “technology”) , and thus responsible for the collection, processing, and use of your personal data.
Your trust is important to us, so we take the topic of data protection seriously and ensure it, we train our employees.
Whenever we commission third parties to process personal data, the third party will be carefully selected and must take appropriate security measures to ensure the confidentiality and security of your personal information.
Responsible body for data protection:
Copyright and trademark rights
The entire content of the website www.momentx.ch is protected by copyright. All rights belong to MomentX or third parties. The elements on the website www.momentx.ch are freely accessible only for browsing purposes. Reproduction of the material or parts thereof in any written or electronic form is only permitted with explicit mention of www.momentx.ch. Reproducing, transmitting, modifying, linking, or using the website www.momentx.ch for public or commercial purposes is prohibited without our prior written consent. Please contact us at firstname.lastname@example.org. The various names and logos on the website www.momentx.ch are usually registered trademarks. No part of the website www.momentx.ch is designed to grant a license or right to use an image, a registered trademark, or a logo. By downloading or copying the website www.momentx.ch parts thereof, no rights with regard to software or elements on the website www.momentx.ch are transferred. We reserve all rights with respect to all elements on the website www.momentx.ch, with the exception of third-party rights.
Although we have made every effort to ensure the reliability of the information contained on the www.momentx.ch website at the time of publication, neither our contractual partners nor we can make any explicit or implicit assurances or warranties (including those with regard to third parties) concerning accuracy, reliability, or completeness of the information on www.momentx.ch. Opinions and other information on the website www.momentx.ch are subject to change without notice. We assume no responsibility and give no guarantee that the functions on the website www.momentx.ch will not be interrupted or that the website or the respective server is free from viruses or other harmful components.
Limitation of liability
If a contractual relationship exists between the user of the website www.momentx.ch or another of our services and us, we are only liable for grossly negligent or intentionally caused damage. We exclude any liability for damage caused by an auxiliary. We are not liable for lost profits, data loss or any other direct, indirect or consequential damages resulting from the access to or use of elements of the website www.momentx.ch or the impossibility to access or use them or from links to others Websites or technical malfunctions.
Links to other websites
The website www.momentx.ch contains links to websites of third parties that may be of interest to you. When activating such links, you may leave the website www.momentx.ch , or you may see excerpts from third-party websites within the environment of the website www.momentx.ch. MomentX has not carried out any checks on the websites of third parties connected to the website www.momentx.ch by links and is in no way responsible or liable for the content or functioning of these third-party websites. This applies regardless of whether you leave the website www.momentx.ch when activating a link or the representation occurs within the environment of the website, and even if in the latter case the information provider of a foreign website is not readily apparent. Establishing this connection or consulting third-party websites is solely at the account and risk of the user.
Our employees are obliged to treat personal data confidentially.
Scope and purpose of the collection, processing, and use of personal data
What personal data we collect
We may collect personal data about received services, your payment details, your online preferences, and your customer feedback, including your company name, your name, address, email, and so on. We use this personal information to communicate with you, to conclude business with you and process transactions, to operate the technology, for billing purposes, to conduct market research as well as for marketing purposes, e.g. to analyse our customer base or to contact you by mail, email, or text messages.
We may collect personal information about your credit standing to protect us against payment default.
Furthermore, your browsing and usage data will be collected. This includes, for example, the IP address, the information with which device, browser and browser version you visited the technology; when you accessed it, which operating system you use, from which website or app you have accessed our technology via a link, and what elements of the technology you use. This personal information is stored together with the IP address of your access device. The purpose is to represent and optimise our technology accurately, to protect against attacks or other violations, and to personalise the technology for you.
When visiting www.momentx.ch
When visiting our website, our servers temporarily store every access in a log file. The following user and device data, as well as personal data, are collected without your intervention and stored by our host (ISP - Internet Service Provider):
the IP address of the requesting computer
the date and time of access
the name and URL of the retrieved file
the website from which the access was made
the operating system of your computer and the browser you use
the country from which you accessed and the language settings in your browser
The collection and processing of this data is for the purpose of enabling the use of our website (connection establishment), to ensure the long-term security and stability of the system and to optimise our website and for internal statistical purposes. This is our legitimate interest in data processing. The IP address is used in particular to record the country of residence of the website visitor. Furthermore, in case of attacks on the network infrastructure of www.momentx.ch, the IP address evaluated for statistical purposes. Furthermore, when visiting our technology, we use so-called pixels and cookies to display personalised advertising and to use web analytics services.
When using our contact forms
You have the option to use a contact form to contact us. The entry of the following personal data is mandatory:
First and Last Name
Address (street, house number, city, zip code)
The mandatory entries are marked by (*). Failure to provide this information may hinder the provision of our services. The specification of personal data in other fields is voluntary. You can inform us at any time that you no longer consent to the processing of this voluntarily provided personal data (see heading “Your Rights”). Other information is optional and does not affect the use of our technology.
We only use this data to answer your contact request in the best possible and personalised way. You can inform us at any time that you no longer consent to the processing of this voluntarily provided personal data (see heading “Your Rights”).
When registering for our newsletter
You have the option to subscribe to our newsletter on our website. This requires a registration. As part of the registration, the following data must be provided:
The email address is necessary for sending the newsletter. You can voluntarily fill in your title and name so that we can address you personally with our offer.
By registering, you give us your consent to the processing of the specified data for the regular distribution of the newsletter to the address specified by you and for the statistical evaluation of the user behaviour and the optimisation of the newsletter. We are entitled to commission third parties with the technical handling of advertising measures and to pass on your data for this purpose. At the end of each newsletter, you will find a link where you can unsubscribe at any time. After the cancellation, your personal data will be deleted. We expressly point to the data analysis conducted in the context of the newsletter dispatch (see section below “Processing of data resulting from newsletter use”).
Use of your data for advertising purposes
Creation of pseudonymized usage profiles
Google Tag Manager
We also use Google Tag Manager to manage the usage-based advertising services. The tool Tag Manager itself is a cookieless domain and does not collect any personally identifiable information. Instead, the tool is responsible for triggering other tags that may collect data (see above). If you have opted out at the domain or cookie level, it will remain in effect for all tracking tags implemented with Google Tag Manager.
Sharing of your data with third parties
We share your personal data if you have expressly consented, there is a legal obligation, or if it is necessary for the enforcement of our rights, in particular for the enforcement of claims arising from the relationship between you and MomentX(e.g. collection agencies, authorities, or lawyers). We may share your data with third parties as far as required in the context of the use of the technology for the provision of the desired services (e.g. outsourcing partners, web hosts, companies through which we offer the services on our technology (e.g. for bookings, rent, purchase, etc.), companies that advertise on our behalf) as well as the analysis of your user behaviour.
When sharing your data with third parties, we provide sufficient contractual guarantees that such a third party uses the personal data in accordance with legal requirements and exclusively in our interest.
If the technology contains links to third-party websites, MomentX no longer has any influence on the collection, processing, storage, or use of personal data by the third party after clicking on these links and assumes no responsibility.
Transfer of personal data abroad
For the sake of completeness, we would like to point out to users domiciled or residing in Switzerland that in the US, there are surveillance measures implemented by US authorities, which generally require the storage of all personal data of all persons whose data was transferred from Switzerland to the USA. This takes place without any differentiation, limitation, or exception on the basis of the objective pursued and without an objective criterion that would limit the US authorities’ access to the data and its subsequent use to very specific, strictly limited purposes, which could justify both with access to as well as the use of the information obtained this way. Furthermore, we would like to point out that in the USA, there are no legal remedies available for persons concerned from Switzerland which would allow them to obtain access to the data concerning them and to pursue their rectification or deletion, and no effective judicial protection against the access rights of US authorities. We explicitly inform the person concerned about this legal and factual situation in order to make an informed decision regarding the consent to the use of their data. For users residing in EU Member States, please note that, from the point of view of the European Union, the US does not have sufficient data protection levels due to, among other things, the issues mentioned in this section. To the extent that we have explained in this privacy statement that recipients of data (such as Google, Facebook, or Twitter) are based in the US, we will either be governed by contractual arrangements with these companies or by securing certification of these companies under the EU-US -Privacy Shield to ensure that your data is protected at an appropriate level by our partners.
We use appropriate technical and organisational security measures to protect your stored personal data against manipulation, partial or total loss, and against unauthorised access by third parties. Our security measures are continuously improved in line with technological developments. You should always keep your information confidential and close the browser window when you stop communicating with us, especially if you share the computer with others. We also take corporate privacy very seriously. We have obliged our employees and the service companies commissioned by us to secrecy and to comply with data protection regulations.
Session cookies are used during access to our website (e.g. the online shop) to assign information stored on the server side for each access clearly to you or your internet browser (e.g. so that the shopping cart content is not lost). Session cookies are deleted after closing your Internet browser. Permanent cookies are used to save your default settings (e.g. preferred language) over several independent accesses to our website, i.e. even after closing your Internet browser, or to enable automatic login. Permanent cookies are deleted according to the setting of your Internet browser (e.g. one month after the last visit). By using our website as well as the corresponding functions (e.g. language choice or autologin), you consent to the use of permanent cookies.
On our website, we use so-called tracking tools. These tracking tools will monitor your browsing behaviour on our website. This observation is made for the purpose of the needs-based design and continuous optimisation of our website. In this context, pseudonymized usage profiles are created and small text files stored on your computer (“cookies”). For this purpose, third-party entrepreneurs can also use permanent cookies, pixel tags, or similar technologies. The third-party entrepreneur does not receive any personal data from us but can track your use of our website, combine this information with data from other websites that you have visited and are also tracked by the third-party entrepreneur, and use these findings for their own purposes (e.g. advertising). The processing of your personal data by the third-party entrepreneur then takes place in the responsibility of the service provider according to its data protection regulations. The following tracking tools are used:
Google Analytics is a service of Google Ireland Limited („Google“), Gordon House, Barrow Street, Dublin 4, Irland (Registration number: 368047). We use Google Analytics on our website in order to create anonymous evaluations of website usage. A cookie is set, and the session’s log data is sent to Google.
Evaluation of Newsletter Usage
For dispatching our newsletter, we use third-party email marketing services. Our newsletter can, therefore, contain a so-called Web Beacons (tracking pixel) or similar technical means. A web beacon is a 1x1 pixel, non-visible graphic that is associated with the user ID of each newsletter subscriber. This pixel is activated only when you display the images of the newsletter. The use of corresponding services enables the evaluation of whether the emails have been opened with our newsletter. Furthermore, the click behaviour of the newsletter recipients can also be recorded and evaluated. We use this data for statistical purposes and to optimise the content and structure of the newsletter. This allows us to align the information better and offers in our newsletter with the interests of our readers. The tracking pixel is deleted when you delete the newsletter. To stop tracking pixels in our newsletter, please set your mail program so that no HTML is displayed in messages.
We (or third parties commissioned by us) generally do not make automated decisions that affect your personal information or unlawfully affect or otherwise significantly affect you.
Legal basis of processing
The legal basis for the processing of personal data by us is generally laid down in Article 13 (2) (a) of the GDPR (processing directly related to the conclusion or performance of a contract, corresponds to Article 6 (1) (b) EU GDPR) and Article 13 (1) DSG (consent of the data subject or obligation to be processed by law, corresponds to Article 6 (1) (a) EU GDPR). In cases where we wish to refuse to conclude contracts with data subjects in the future due to abuse, default, or similar legitimate reasons, we reserve the right, based on Article 13 (1) of the DSG (corresponding to Article 6 (1) (f) EU GDPR) to keep name, first name, address, and email address of a data subject as well as the personal data on the circumstances for the sake of our own interest. Processing of your personal data by other affiliates is also based on Article 13 (1) of the DSG (corresponding to Article 6 (1) (f) EU GDPR).
Upon request, we provide information to each data subject as to whether and, if so, which personal data is being processed about them (right to confirmation, right to information). At your request:
We waive all or part of the processing of personal data (right to revoke your consent to the processing of non-essential personal data, right “to be forgotten”). Your request to be forgotten will be shared with third parties we have previously shared your personal information with.
We correct the corresponding personal data (right to rectify incorrect data)
We restrict the processing of the relevant personal data (right to restriction of processing, in which case we will only save your personal data or use it to protect our legal rights or to protect the rights of another person.)
You will receive the relevant personal data in a structured, common and machine-readable format (right to data portability).
Storage of data
We only process personal data for as long as necessary for the purpose or as required by law. If you have set up an account with us, we will store the specified master data without restriction. However, you can request the deletion of the account at any time (see heading “Your Rights”). We will delete the master data unless we are required by law to retain it. In the case of an order without an account, your master data will be deleted after the expiration of the guarantee period or the end of the service insofar as we are not obliged by law to retain it. This deletion can be carried out immediately or in the course of periodically carried out deletion runs.
Contract data, which may also include personal data, will be kept by us until the expiry of the statutory retention period of 10 years. Data retention obligations arise, among other things, from accounting regulations and tax regulations as well as the obligation to retain electronic communications. As far as we no longer need this data to carry out the services for you, the data will be blocked. This means that the data may then only be used for accounting purposes and tax purposes.
If we wish to refuse further business contacts with a data subject due to abuse, payment default, or other legitimate reasons, we will retain the corresponding personal data for a period of five years or, in the event of a recurrence, for ten years.
Possibility to opt-out/opt-in
If you do not agree that we evaluate your usage data, you can disable it. Switching off the tracking is done by filing a so-called “opt-out cookie” on your system. If you delete all your cookies, please note that the opt-out cookie will also be lost and may have to be renewed. Please note that the list below is a list of opt-out options that sometimes includes trackers used by our partners that are not necessarily used on the website:
- Browser Add-on to disable Google Analytics
- Turn off the DoubleClick cookie
- Turn off the quandcast targeting
- Turn off AddThis targeting
- Opt-out for IntelliAd targeting
A good way to configure a large number of cookies can be found at youronlinechoices.com or optout.aboutads.info
or install the browser extension Ghostery, which is available for every popular browser.
Applicable Law and Jurisdiction