PartnerVine GmbH, Lavaterstrasse 97, 8002 Zurich, Switzerland (“PartnerVine” or “we”) is the operator of the online portal for legal services called PartnerVine (the “Platform”). We are responsible for the collection, processing and use of your personal data as a user or member (hereinafter either “user”, “member” or “you” if the respective information applies to both, the user and member) and compliance with applicable law.
The following sections provide information about which personal data is collected from you and the purposes for which such data is used.
1. Scope and Purpose of Personal Data Collection, Processing and Use
a. When visiting the Platform
You can visit the Platform without having to provide personal details. We store access data in "server log files" such as the name of the requested file, date and time of retrieval, transferred data quantity and the requesting provider. This data is exclusively evaluated to ensure smooth operation of the website and to improve our offer and prevent us from tracing the data back to you.
b. When registering for an Account
You may access the Platform without a registration. Certain functions on the Platform, such as sharing reviews with other users or ordering / requesting legal services, such as legal documents, provided on the Platform, are, however, solely applicable to registered users. Members may also solely upload content, in particular legal documents, after registration.
We may collect the following personal data when you register:
- Information on whether you are a private or a company user
- First Name and Last Name
- If a company, Company Name, Department and business identification number/VAT number
- Address (private address or company address)
- E-Mail Address
You can review and change the account information at any time. In addition, you can request the complete deletion of your account.
c. When using the Platform as Registered User / Member
When a registered User / Member logs in and uses the Platform, we collect data for statistical reasons and in order to enable the seamless functioning of the Platform. We collect the following data in particular:
- the type, frequency and intensity of the Platform use;
- the duration of your membership.
d. When Uploading Content as User
Users may rate and review the legal services provided on the Platform. Such a review and rating are voluntarily.
If a user wants to rate and review a legal service, he must provide the following data:
When providing a rating and a review the user consents that the respective rating and review is displayed on the Platform and may be read by other Platform users. Furthermore, the user consents that we may use certain review statements for marketing purposes in our various marketing channels. Unless you notify us that you object, we will display the full name of the reviewer.
Users who upload content on the Platform acknowledge that the respective information may be accessed from countries that do not have the same data protection standards as Switzerland or their home country.
e. When Providing Content as a Member
As a Member you may upload legal documents, information about legal services and any other information (hereinafter “Member Content”) on the Platform (see further detail regarding the uploading of Member Content in the Content Agreement).
Members must mandatorily open a Member Account. The information to be provided for the account opening is identical to the information collected from users when registering a user account (see section 1b. above). However, we may ask Members to provide additional information, such as bank account information.
If a Member wants to list a legal service on the Platform, he must provide specific information about the service, contact address, price, general terms and conditions, additional provisions regarding the right to use legal documents, delivery deadline, pictures, videos with additional information about the legal service or the use of a legal document, etc. Further information regarding the upload of Member Content can be found in the Content Agreement.
We will use the Member Content and the respective information and personal data solely for listing the respective legal services on the Platform. When uploading content, Members consent that the respective content, information and personal data is displayed on the Platform. Furthermore, Members consent that PartnerVine may display and communicate the respective content in any of our communication channels, including social media, for the promotion and marketing of the Platform and the offer of the Member. If a Member wants to exclude the distribution of the content in a specific communication channel, he must notify PartnerVine accordingly.
Furthermore, we will analyse the Member Content-related data in order to know what kind of legal documents are sold and by whom. If possible, we will collect and analyse this information on an aggregated basis.
f. When Providing Content for Advertisements
If agreed upon between PartnerVine and the respective Member, Members may place advertisements for their business on the Platform. Further information about permitted content of such advertisements is set forth in the Content Agreement.
The information provided by the Member in connection with the advertisement is processed by PartnerVine solely for the purpose of performing the services in connection with the advertisement.
The respective Member grants PartnerVine the right to integrate the advertisement in the Platform or to display and communicate the advertisement in any other way agreed upon between the parties. PartnerVine is permitted to process the information and personal data provided by the Member for that purpose.
Members who place advertisements on the Platform acknowledge that the respective information may be accessed from countries that do not have the same data protection standard as Switzerland.
g. Purchasing and accessing legal products on PartnerVine
If a User wants to purchase a legal product on the Platform, data is collected in order to complete the purchase. A User has to register with PartnerVine (see Section 1(b) above) and provide payment information. We collect your login date when you purchase as well, in order to manage your purchases and send you timely reminders.
Apart from your credit card data, which is collected by an approved third party payment services provider and not processed by PartnerVine (see Section 3 below), your data is stored for your next purchase in your user account.
In connection with your orders, the processing of such orders, and the provision of requested services, we collect, store and process, in addition to personal data already collected when you register for a user or member account or when you use the Platform as registered user or member, the following data:
- Information regarding your products, and
- Data regarding your order, license and payment pattern.
h. Automated Legal Documents
The services provided on the Platform to the Users may include automated legal documents. Automated legal documents allow the User to generate a legal document himself or to have a substantial influence on the content of the legal document. The documents are generally generated by a link to software implemented either on the Platform or on a third party's server.
Automated legal documents require the User to answer certain questions about specific contract issues or to provide specific information, such as the desired warranty etc.
2. Use of your Data for Promotional Purposes
a. Newsletter/ Email Marketing/ Online Marketing
If you subscribe to our newsletter, we will use the data required for this or the data disclosed separately by you in order to send you our email newsletter with your consent. Unsubscribing from the newsletter is possible at all times and this can be done by either sending a message (see Section 11 below) or via a designated link in the newsletter. We are entitled to contract third parties for the technical handling of promotional activities and to forward your data for this purpose (see also Section 3 below).
We reserve the right to use so called re-targeting technology. With re-targeting technology, your user behaviour on our Platform may be analyzed, to provide you with promotional offers tailored to your individual needs also on our partner websites. Your user behaviour will be recorded under a pseudonym.
The re-targeting technologies generally work with cookies (see below Section 8 for further information).
The Platform uses Google AdWords Remarketing and DoubleClick by Google, both services of Google Inc. ("Google") to provide advertisements that are based on the use of previously visited websites. Google uses a so-called DoubleClick cookie, which enables recognition of your browser when you visit other websites. The information generated by the cookie about visiting these websites (including your IP address) is transmitted to a Google server in the US and stored there.
Google will use the above-mentioned information to evaluate your use of the Platform in order to compile reports on the website-activities and advertisements for the Platform operator and to provide further services relating to use of the website and the internet. Google may forward such information, where appropriate, to third parties, if required by law or where such third party processes such information on behalf of Google. Google will not associate your IP address with any other data held by Google.
You may reject re-targeting at any time by de-installing the respective cookies in the menu of your internet browser (for further information, see Section 8 below).
c. Collection of Personality Profiles
In order to provide you with personalized services and promotional information on our Platform (on-site targeting), we will use and analyze the data collected when you access and use the Platform and when you order products on the Platform. The analysis of your use and, in particular, order pattern may result in the collection of personality profiles. A personality profile is a collection of data that permits an assessment of essential characteristics of the personality of a natural person. Usage data is attributed to pseudonyms only, but never to non-pseudonymised personal data.
3. Data Disclosure to Third Parties
Your personal data will only be disclosed to third parties with your express consent, if required by law or if required in order to assert our rights and in particular claims resulting from the contractual relationship.
In addition, we will forward your data to third parties, in particular to Members who provide the legal services ordered by you, to the extent required for the use of the Platform and the contract performance, namely for the processing of your orders, for facilitating the delivery of the ordered documents and the payments, for the provision of requested services, and for the analyzing of your user, order, and payment patterns. The use of the disclosed data by third parties is strictly limited to these mentioned purposes.
You hereby acknowledge that any payment claims we have against you in respect of payments by invoice in Switzerland or Liechtenstein are assigned to our payment provider Swissbilling SA, Chemin des Fayards 2, CH-1032 Romanel Sur Lausanne, Switzerland. For the payment by invoice option, invoices are sent separately after the purchasing process by e-mail or by post. In that case, we will disclose your payment and purchase data to Swissbilling SA for the purpose of invoicing and payment processing. You herewith consent that any data relating to the purchase by invoice, which are accessible to Swissbilling SA and us, including, but not limited to personal, purchase, invoicing, payment as well as debt collection data, may be processed by Swissbilling SA and us for the execution of the purchase.
By using the payment by invoice method managed by Swissbilling SA, you accept that Swissbilling SA:
- Will use your personal data for billing purposes;
- Will keep your data confidential and not pass on your data to third parties, except to PartnerVine and Cembra Money Bank AG, in respect of all information concerning the purchase and payment, and CRIF AG in respect of a creditworthiness check;
- May check your creditworthiness in the CRIF AG database in Zurich, and if applicable, report your payment period or non-payment.
Chemin des Fayards 2
Tel: 058 226 10 50
Finally, we have engaged Datatrans AG, Zurich, to act on our behalf as payment service provider for credit card transactions. Datatrans AG specializes in secure transactions online and manages the collection of credit card information on our behalf. As part of that process, we (or Datatrans AG on our behalf) disclose your credit card information to your credit card acquirer and issuer in order to provide credit card payment options for your purchases on the Platform. If you choose to pay with credit card, you will be asked to enter mandatory information. Regarding the processing of your credit card information by those third parties, please also check the terms and conditions and data privacy statements of your credit card issuer.
4. Credit Risk Assessment
In the case that we pay costs in advance (“Prepayment”), such as is the case with a payment by invoice, we may request a credit risk assessment on the basis of mathematical and/or statistical calculations with a credit assessment agency in order to protect our legitimate interests. For this purpose we disclose the data necessary for such an assessment to an agency. We will use the information about the statistical probability of a payment default obtained by that agency for a balanced decision on the execution, performance or termination of the contract with you. The credit risk assessment may include probability values (score values) that were calculated based on scientifically accepted mathematic-statistical methods. For the calculation of the score values your name and address are used amongst other data. Your legitimate interests will be taken into consideration pursuant to and to the extent required by the applicable laws.
If you are resident in Switzerland or Liechtenstein and opt for payment by invoice, our payment provider Swissbilling SA will process your data for the credit risk assessment (see further information about the data processing by Swissbilling SA in section 3 above). Swissbilling SA retains the right to have a credit check control done through its partner CRIF AG in Zurich (Tel.: 0848 333 222, www.crif.ch).
5. Transmission of Personal Data Abroad
We are entitled to forward your personal data to third-party companies abroad and in particular subsidiaries, to the extent described in Section 3 above. Such companies are obligated to ensure the same level of data protection as the website provider. If the level of data protection in any country should not meet Swiss or EU-data protection requirements, we will ensure by contract that the protection of your personal data will meet the requirements applicable in Switzerland and/or the European Economic Area.
6. Information, Deletion and Correction Rights
You are entitled, at any time, to request information about your saved data and/or view and modify such data by logging in to our Platform. Any formal information request must be submitted in writing together with a proof of identity.
You may also request to have your data and/or user or member account deleted or corrected at any time. This request must be submitted by email to PartnerVine at email@example.com. Please note that deleting your personal data may render the use of our services fully or partially impossible.
You can revoke your consent to certain data processing activities at any time with effect for the future.
Please note that statutory retention periods may apply for certain data. We are obligated to store such data up to the expiry of the respective period. We will block these data in our system and only use them to meet our legal obligations.
7. Data Security
We use suitable technical and organizational security measures to protect your personal data stored by us against tampering, partial or complete loss and unauthorized access by third parties. Our security measures are subject to continuous improvements in line with technological developments.
If you are registered as a user or member, the access to your account will only be permitted with your personal password. You should always keep your account details and your payment information confidential and close the browser window as soon as you terminate the communication with our Platform, in particular if you do not access our Platform with your own personal computer or if you share access to the computer with another person.
We also take the protection of our internal business data seriously. We have obligated our staff and contracted third-party service providers to maintain confidentiality and observe our data protection policy.
In order to make a visit to our Platform more attractive and facilitate the use of certain features, we use "cookies". Cookies are small files that are stored on your device and save specific settings and data for exchange with our system via your browser. Some of the cookies that we use are deleted again at the end of the browser session, in other words after you close your browser (so-called "session cookies"). Other cookies remain on your terminal and enable us to recognise your browser the next time you visit the Platform (persistent cookies). Cookies do not contain personal data and cannot therefore be assigned to a user. Based on cookie technology, we receive only anonymous information, for example, from which websites you were redirected to our Platform, which pages on our Platform have been viewed, etc. Please keep in mind that certain cookies are already set when you access our Platform. You can configure your browser in such manner that you are notified about the setting of cookies and decide on in the individual case whether to accept them or not or exclude the acceptance of cookies in certain cases or generally.
Internet browsers allow you to control the storage of cookies on your PC. This is described in the Help menu of each browser and explains how to change your cookie settings. You can find the description for the respective browsers under the following links:
Deactivating cookies may render some functions of our Platform unusable.
9. Tracking Tools
The Platform uses Google Analytics, a web analysis service provided by Google Inc. (www.google.com). Google (Universal) Analytics uses methods that allow analysis of your use of the website, such as so-called "cookies", text files that are stored on your computer. The information generated on your use of the Platform is usually transferred to a Google server in the USA and stored there. Due to the activation of IP anonymisation on this Platform, the IP address will be shortened within Member States of the European Union or in other contracting states acceding to the Agreement on the European Economic Area and in Switzerland before transmission to the USA. Only in exceptional cases is the full IP-address transmitted to a Google server in the USA and shortened there. The anonymised IP address transmitted by your browser in the context of Google Analytics will not be combined with other Google data.
This information is used to evaluate your use of the Platform, in order to compile reports on the activities on our Platform and to provide other services associated with the use of the Platform for the purpose of market research and customising the Platform.
Furthermore, you can prevent the Google cookie from recording and processing your data (including your IP address) by downloading and installing the browser plugin provided by Google under this link
For the sake of completeness, we point out that US laws provide for supervision measures of US authorities in the US, that allow the general storage of all personal data transferred from the European Union to the USA. This happens without differentiation, limitation or exception based on the objective pursued, and without any objective criteria which would allow to restrict the access of US-authorities to personal data and their subsequent use to specific, strictly limited purposes, which may justify the access to this information. We also point out that in the US, there are no remedies for those affected that would allow access to personal data, particularly to rectify or erase personal data. Also, there is no effective judicial protection against general access rights of US Agencies at present.
10. Social Media Plug-Ins
The Platform provides for the use of social plug-ins as described below. The plugins are disabled on our Platform by default and therefore do not send data to any social network. By clicking on the button "Activate Social Media” you enable all social media plugins (so-called 2-click solution).
Our Platform embed plug-ins provided by the social media network LinkedIn that is operated by LinkedIn Corporation, 1000 West Maude Avenue, Sunnyvale CA 94085, USA. The LinkedIn plug-ins are indicated by the LinkedIn logo. When you open a page of our Platform where such a plug-in is integrated and if the plug-in is activated, the latter will establish a direct connection between your browser and the LinkedIn server. This way, LinkedIn is notified about your IP address visiting our Platform. If you click the activated LinkedIn button while you are logged in to your LinkedIn account, you can link the contents of our Platform to your LinkedIn profile. This enables LinkedIn to allocate the visit on our Platform to your user account. Please note that we as the Platform provider have no information about the contents of the transmitted data or their use by LinkedIn. For more information on this topic, please see the privacy statement of LinkedIn
If you do not want LinkedIn to allocate the visit of our Platform, please log out from your LinkedIn user account prior to accessing the Platform.
If you have any questions concerning data protection on our Platform or if you wish to request information or the deletion of your data, please send an email to our data protection rights contact at firstname.lastname@example.org.
If you are based in the EU or UK, we have appointed Prighter as our data privacy representative under EU and UK regulations. Prighter has a dedicated channel for managing PartnerVine data requests here.
You explicitly consent to the following points. You may revoke your consent at any time with effect for the future:
- I agree that my personal data submitted and other usage data is analyzed to provide personalized advertising and / or special offers and services. The analysis of such data may lead to the creation of user profiles. The user profiles are created in pseudonymised form and will not be merged with any other personal data.
- I agree that, if I use the payment by invoice option, any data relating to payment by invoice, including, but not limited to, personal, purchase, invoicing, payment as well as debt collection data, may be processed by Swissbilling SA and PartnerVine, and that my creditworthiness may be checked by CRIF AG.