Who is the data controller?
Via la Santa 7
CH - 6962 Viganello, Switzerland
What data does Banana.ch collect?
We can collect the following information (about the user or about the authorized users of our products), which is usually provided by the user:
- name and professional title
- contacts including e-mail address
- other information provided by the user when using our website or services (including information provided using the contact Form)
- information regarding services and products purchased (including subscription and pricing plan) or obtained by the user over time (including information about the use of the products)
- other information concerning the user's relation with us, including payment information and license fee payments
- other information relevant to market surveys and/or special offers
What does Banana.ch do with the information collected?
Data processing takes place mainly to provide our services and products to users, to perform the contractual obligations and to improve the quality of our services. Specifically, we process users' personal data for the following purposes:
- To provide the service and/or products requested by the user and to perform the contract. In this case, data processing is performed to fulfill the contractual obligations between banana.ch and the user.
- To provide users with information about software improvements, news and changes relating to the software. This kind of information is often necessary as a result of changes in legal, accounting, tax, and technical requirements, or technological evolutions that have an impact on software functionality and use. Information provided to users about updates, changes or developments of the purchased product, as well as the availability of new products or updates that meet new regulatory provisions, is an integral part of the service we provide. We also believe that it is in the legitimate interest of banana.ch to offer to our users products that may be of interest to them, including the opportunity to have the most up-to-date product available. However, the user may at any time request banana.ch to stop receiving communications regarding changes to the software and new products. The user can easily forward this request to the contacts indicated above, or follow the instructions that will be included in every communication sent to the user.
- To use information to improve our products, services and website: the analysis of the use and purchase of our products, and the use of our website, allows us to improve our products and services, and provide adapted services to meet the users’ needs. This type of data processing is justified by the legitimate interest of banana.ch to improve its products and services, which ultimately benefits users.
- From time to time, subject to user consent, to contact the user by e-mail or telephone in order to further investigate specifically how the product is used, and evaluate any need for improvement/expansion of the service or product.
Who has access to and receives user data?
Within Banana.ch, employees who need user data to fulfill our contractual and legal obligations will have access to them. Service providers and auxiliaries appointed by us may also have access to the data for the purposes indicated above. These include IT, logistics, consulting and sales companies.
Banana.ch does not sell, distribute or otherwise make available to third parties (for the pursuit of their own purposes) personal data of users except with express consent of the user, or in case there is a legal obligation to communicate them.
Are user data transferred abroad?
As part of our relationship with you, we may disclose, transfer and/or store personal data abroad (i) to conclude or execute contracts directly or indirectly related to our business relationship with you, (ii) when communication is necessary to safeguard a prevailing public interest, or (iii) in exceptional cases provided for by applicable laws.
Data transfer abroad may include transfer to jurisdictions that (i) ensure an adequate level of data protection for the rights and freedom of the subjects in relation to data processing, (ii) benefit from adequacy decisions related to their level of protection (i.e. adequacy decisions by the European Commission or the Swiss Federal Data Protection and Information Commissioner) or (iii) do not benefit from such adequacy decisions, and do not provide an adequate level of data protection. In this case, banana.ch ensures (i) that adequate safeguard measures are in place, for example using data protection standard contractual clauses established by the European Commission combined with the necessary technical and organizational measures, or (ii) that derogations set forth in data protection regulations are applicable.
Currently, Banana.ch has not engaged any providers located abroad which may have access to the users’ personal data.
For more information on international transfers or appropriate guarantees, you can of course contact us (firstname.lastname@example.org).
Are the data processed securely?
We are committed to ensuring the security of the data we process. In order to prevent unauthorized access or disclosure, we have put in place adequate physical, electronic and managerial procedures to safeguard and protect the information collected.
How are cookies used?
Our website may use technical cookies. A cookie is a small file that asks permission to be placed on the hard drive of the user's computer. Unless this function is deactivated on the user's browser, the file will be added and the cookie will help analyze web traffic, and let us know when you visit a specific website.
The cookies in use on our website allow web applications to respond to the user as an individual. The web application can offer customized services depending on the user’s needs and tastes, collecting and storing information about his/her preferences.
Overall, cookies help us provide a better website, allowing us to monitor which pages users find useful, and which they do not. Cookies do not give us access to computers, or provide information about users, besides the data that users choose to share with us.
Concretely, Banana.ch currently uses a service of the provider matomo (see www.matomo.org), in a mode that provides only technical cookies and does not perform any profiling or tracking.
Is there any use of links to other websites or to external services?
What are the rights of users regarding their personal data?
Each user has the following rights:
- the right to access personal data and to receive a copy;
- the right to rectify incorrect personal data;
- the right to erase data in the event that they are no longer necessary in relation to the purposes for which they were collected or processed, or when their processing is no longer lawful for other reasons (in this case, this right is however limited by the duration of data retention mentioned in the following chapter);
- the right to request processing limitation (pursuant to the conditions provided for by data protection regulations);
- the right to object to data processing. Despite the user's opposition, Banana.ch may nevertheless continue to process the data if the processing (i) is imposed by a legal obligation, (ii) is necessary to fulfill the contractual obligations with the user or (iii) is necessary to pursue the legitimate interests of Banana.ch (i.e. preparing a legal dispute). On the other hand, the right to object is not limited if the user objects to receiving communications from banana.ch relating to products and services;
- where applicable, the right to data portability, i.e. the right to request that personal data be transferred to the customer or other data controller in electronic format.
Where applicable, individual users also have the right to lodge a complaint with a competent authority for data protection.
The user can finally withdraw consent to the processing of personal data granted to Banana.ch at any time. Please note that the revocation of consent will have no effect on the validity of data processing prior to revocation.
The aforementioned rights may be exercised by e-mail (to email@example.com) or by letter.
Since Banana.ch operates all over the world, every request relating to the processing of personal data is primarily managed centrally. Specific requests relating to specific territorial jurisdictions will be sorted and addressed to local representatives, whose contact details will be promptly communicated to the interested user.
What is the duration of data retention?
We will process and store the personal data of users for as long as necessary in order to comply with our contractual and legal obligations. We will delete or make personal data anonymous once they are no longer necessary to achieve the aforementioned purposes, unless (i) any applicable legal or regulatory provision regarding the retention of personal data requires retention for a longer period or (ii) conservation is necessary to prepare, exercise or defend against actual or potential legal actions, investigations or similar procedures or there is another prevailing legitimate interest of Banana.ch which justifies the data retention.
Do we use automated decision-making processes or profiling methods?
In the constitution and execution of contractual relations with the user, Banana.ch does not use any automated decision-making process and does not use profiling methods. If in individual cases we should use these procedures, we will give you appropriate communication where required by law.