Effective from October 1, 2023.

This Privacy and Cookies Notice (the “Privacy Notice”) describes the principles based on which Dabusti Wilson Communications GmbH (hereinafter “Dabusti Wilson Communications”, “us” or “we”) processes personal data collected through the Website www.dabustiwilson-communications.com (the “Website”). It informs you in particular about what personal data we collect, for which purposes it is processed, with whom it may be shared, for how long we retain it and which rights and options relating to the use of your personal data you may have. “Personal data” means any and all information relating to an identified or identifiable natural person, for example name, address, e-mail address, an online identifier or the phone number.

This Privacy Notice applies as far as the processing activities are not subject to other privacy policies or are provided for by applicable laws. Please read this Notice carefully.

By using the services of our Website you consent to the collection and processing of your personal information as set forth in this Privacy Notice. If you do not agree, please refrain from accessing the Website.

Content

1. Who is responsible for your personal data

2. How we process personal data

3. What personal data we collect

4. On what legal basis we process personal data about you

5. With whom we share your personal data

6. Transfer of personal data abroad

7. For how long we keep information about you

8. Cookies, Google Analytics and social media plug-in of LinkedIn

9. No automated decision-making including profiling with legal effect

10. Data Security and e-mail communication

11. Third-party privacy policies

12. Children

13. What your rights are

14. Changes to our Privacy Notice

1. Who is responsible for your personal data

The Controller of personal data collected according this Privacy Notice is:

Dabusti Wilson Communications GmbH

Seestrasse 185A, 8700 Küsnacht, Switzerland

Phone: +41 78 350 0001

E-Mail: support@dabustiwilson-communications.com

Dabusti Wilson Communications determines the purposes and means of the processing of your personal data and is therefore responsible for the processing and use of your personal data as described in this Privacy Notice. If you have any questions or concerns regarding this Privacy Notice or how we process your personal data, kindly contact us at any time by sending an email to support@dabustiwilson-communications.com.

2. How we process personal data

Any personal data collected by us through the Website or by other means is processed in accordance with the provisions of applicable data protection and privacy laws. We collect and process personal data carefully and for the purposes described in this Privacy Notice. In accordance with applicable law, we may also use your personal data in other ways as described in this Privacy Notice. In such event, we will provide specific privacy policies or notices at the time of collection and obtain your consent where necessary. We always seek, to the extent reasonably possible, to collect information on an anonymized or pseudonymized basis so we cannot recognize your identity.

3. What personal data we collect

Dabusti Wilson Communications collects and generates personal data of the following individuals:

• Users of our Website;

• Potential or actual parties interested in our services.

The personal data is generally collected directly by us during the use of our Website, through direct communication with you via email, by phone or in another suitable way. Personal data can also be used indirectly via third party processors (e.g. our IT service providers; see also point 5 below). 

In general, we collect the following categories of personal data:

3.1. Personal data automatically collected through our Website

Dabusti Wilson Communications collects and stores information that your browser automatically transmits to us in “server log files” when visiting our Website. These may include the following data:

• Browser type and browser version;

• Operating system used;

• Referrer URL (the previously visited website);

• Host name of the accessing computer;

• Date and Time of the server request;

• Internet Protocol address (IP address);

• Transmitted data volume;

• Other similar data and information which serve to avert danger in the event of attacks on our IT systems.

These personal data will not be combined with personal data from other sources. It is stored by us until it is automatically deleted within a period of three – six months. For additional information and personal data collected via cookies, please refer to point 8 below.

The personal data automatically collected as described above is processed for the following purposes:

• For the proper functioning of our Website, e.g. for establishing a connection, ensuring stability and uninterrupted system security;

• To operate our Website and ensure relevant content is provided to you;

• To protect our systems and statistical purposes in the event of attacks on the network infrastructure on which the Website is made available.

• To maintain back-ups of our Website and/or databases;

• To enable publication and administration of our Website, other online services and business; and

• To improve our services.

The personal data processing occurs on the basis of our legitimate interests for the aforementioned purposes for the proper and secure functioning and management of our website and your consent to use our Website.

3.2. Personal data collected in connection with an inquiry of you 

We collect and process personal data which you actively and voluntarily provide us with through our Website or otherwise, by sending a message to us through a contact form, email, text, letter, social media messaging, social media posting, by phone call or any other communication that you send us. This may include the following personal data:

• Last name, first name, company name, address, email address, phone number, employer, IP-address, additional information about you;

• Your inquiry or request.

The provision of this personal data is always voluntary, based on your consent or in the context of a possible future contractual relationship with you.

We will use the information you provide to process and respond to your request, or process it for the lawful purposes that arise from the circumstances. This may include the following purposes:

• To best respond to your questions or requests about our services, to ask you questions, and to provide additional information tailored to your request or interests in connection with our services;

• To communicate with you (e.g., about our services) and provide you with the best possible information you need from us before, during or after the termination of a contract;

• To comply with legal or other regulatory requirements and internal rules;

• To establish, exercise and/or defend actual or potential legal claims, investigations or similar proceedings;

• For other lawful purposes where such processing is apparent from the circumstances or was indicated at the time of collection.

3.3. Personal data collected in connection with a contractual relationship with us

We collect and generate personal data when you, on your behalf or on behalf of your employer (as a person authorized to represent your employer), request communication services from us in the context of a contractual relationship with us. This may include the following personal data:

• Last name, first name, company name, address, email address, phone number, employer, position, additional information about assignments, statements, comments, policies, other information provided by you;

• Payment information, credit card details and other payment details (in accordance with other laws and regulations), billing address, services purchased;

• Communication information, information and queries and complaints relating to our services, or respective contracts entered into, such as customer care services, rescissions and disputes.

The communication of this personal data always takes place within the framework of a contractual relationship mandated by you or your employer or voluntarily, based on your consent. Please note that without the provision of the necessary information, we cannot advise you or your employer or not in the desired and necessary quality.

We will process the personal data you provide for the proper fulfillment and processing of a contractual relationship, or for the lawful purposes that arise from the circumstances. This may include the following purposes:

• For the establishment, management and settlement of contractual relationships;

• For the performance of the services mandated by you;

• For communication purposes, to communicate with you or with third parties (such as business partners, auxiliary persons and other entities) and to provide you with the best possible information, advice and support that you require from us prior to or during a contractual relationship;

• For conducting video meetings and conferences, if you so request;

• For processing payment for our services, such as for our consulting work;

• To comply with legal or other regulatory requirements and internal rules;

• To establish, exercise and/or defend actual or potential legal claims, investigations or similar proceedings;

• Other lawful purposes, where such processing was evident from the circumstances or indicated at the time of the collection.

4. On what legal basis we process personal data about you

The legal basis for processing your personal data for the purposes described above may be based on the following legal grounds:

• Your consent (e.g. if you post a comment on our social media site);

• To perform a contract with you or for the intention to enter into a contract with you (e.g. when you assign us with communication services);

• To comply with a legal obligation (e.g. for tax reasons, record keeping obligations or for purposes of legal investigations or proceedings); or

• For the purposes of our legitimate interests, for example for maintaining and improving our internal business administration, organization, operations, risk management, protection of our systems, prevention of fraud and other offences, for advertising and marketing activities, to guarantee an effective, efficient, secure and harmonized service, to comply with internal rules, and for establishing, exercising and/or defending actual or potential legal claims, investigations or similar proceedings.

Should the processing be based on your consent or our legitimate interests, you may withdraw consent or object to that processing at any time by contacting us directly at support@dabustiwilson-communications.com. Please note, however, that the withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.

5. With whom we share your personal data

We take necessary measures to ensure only authorized people on a need to know basis will have access to your personal data to fulfill the purposes for which your personal data was collected.

We may transfer your personal data to the following possible categories of recipients in accordance with the purposes and legal basis of the processing described above and insofar as this is lawful and necessary for the corresponding data processing:

• Our trusted third-party service providers, including processors (e.g. providers of IT services, Accountants);

• Payment service providers, financial institutions, insurances and other partners;

• Website designers and developers;

• The public, media, including social media sites of Dabusti Wilson Communications;

• Professional advisors and auditors;

• Governmental administrations, courts and other competent authorities;

• Other parties in potential or actual legal proceedings.

• Other persons or third parties in the ordinary course of providing communication advice and support services.

• We choose our partners and data processors carefully and only upon sufficient guarantees, they have appropriate technical and organizational measures in place. In addition, we contractually ensure that our processors only process personal data as we are permitted to do so. Our processors are subject to confidentiality requirements and may use your personal data solely to the extent necessary to fulfill the purpose for which your personal data was collected, except as otherwise required by law.

6. Transfer of personal data abroad

The personal data collected through us is stored in Switzerland. Moreover, we may transfer, store and process your personal data in data locations abroad, around the world, for example where our third-party providers or business partners are located. Therefore, we may transfer your personal data outside Switzerland if it is required for the data processing described in this Privacy Notice. All transfers of personal Data to Countries of the European Economic Area (EEA) provide an adequate level of data protection. If personal data is disclosed to countries that do not guarantee an adequate level of protection, Dabusti Wilson Communications will ensure adequate protection of data disclosed by putting appropriate safeguards in place, such as contractual guarantees (e.g., on the basis of EU standard clauses), or transfers the personal data pursuant to your explicit consent, conclusion or performance of a contract with you, or in connection with the determination, exercise or enforcement of legal claims. You may obtain more information about our appropriate safeguards by contacting us via email to support@dabustiwilson-communications.com.

For the sake of completeness, we would like to point out that, from Switzerland’s perspective, the USA does not have an adequate level of data protection. In the USA, for example, there are monitoring measures by US authorities which generally allow the storage of all personal data of all persons whose personal data has been transferred from Switzerland to the USA. In addition, we would like to point out that in the USA there are no sufficient legal remedies for the Swiss data subjects to obtain access to the data relating to them and to have it corrected or deleted, or that there is no effective judicial legal protection against general access rights of US authorities. We explicitly draw your attention to this legal and factual situation in order to enable you to make an appropriately informed decision regarding consent to the use of your personal data in the given case. This applies in particular to data processing to which we refer in this Privacy Notice (such as Google or LinkedIn, see section 8), where the recipient of the personal data is based in the USA and the data processing is governed by the recipient’s privacy policy.

7. For how long we keep information about you

We retain your personal data for as long as necessary to fulfill the purposes for which your personal data was collected. For this reason, we will delete or anonymize personal data (or equivalent) once they are no longer necessary to achieve the purposes, subject however (i) to any applicable legal or regulatory requirements to store personal data for a longer period (e.g. for tax or accounting reasons), or (ii) if we have an overriding interest (e.g.  an interest for reasons of proof to establish, exercise and/or defend actual or potential legal claims, investigations or similar proceedings, including legal holds, which we may enforce to preserve relevant information, or if we have an interest in non-personalized analysis).

On that basis, we normally process personal data subject to the following rules and obligations:

• For operational data containing data (e.g. protocols, log files), we retain personal data for a period of 3 – 12 months;

• The personal data you provide us with in connection with an inquiry relating to our services, which you send us by e-mail or otherwise, will generally be stored by us for a period of 3 to 12 months, unless they are contract-related business documents and communications that are retained in accordance with the point below “For contract-related data” and the introductory principles (cf. first section of point 7);

• For contract related personal data (including business records and communication), we retain personal data as long as the contractual relation is ongoing and for 10 years after the termination of the contractual relationship unless (i) a shorter or longer statutory storage obligation is applicable on a case-by-case basis, (ii) the retention is required for reasons of proof or another valid reason based on applicable law, or (iii) the deletion of the data is required earlier (because e.g. the data is no longer required or we are required to delete the respective data).

8. Cookies, Google Analytics and Social Media Plug-in of LinkedIn

When you access or use our Website, we may place so called cookies – small text files – or similar tools on your computer. We use these cookies to recognize you as a user of the Website, to customize content, to improve the Website’s performance and to enhance your user experience.

a. Categories of cookies

Depending on their function and intended purpose, cookies we may use can be divided into the following categories: necessary cookies, functional cookies, performance cookies, and advertising cookies.

• Necessary cookies: These cookies are absolutely necessary for establishing a connection or operation of a website (e.g. to store logins or other user input or for security reasons).

• Functional cookies: These cookies serve a variety of purposes to the presentation, functionality and performance of a website and in particular to enhance visitors’ experience and enjoyment of the website. They enable a website to save details that have already been provided (e.g. user name, your location or language choices) and offer the visitors improved, more personal functions. Functional cookies are used, for example, to remember things like your log-in information. These cookies cannot track your movement on other websites. For example, WordPress user cookies are functional cookies.

• Performance cookies: These cookies are used to collect information about how a website is used, for example how visitors came to our Website, which pages a visitor opens most frequently, how they navigated around our Website during their visit and whether they receive error messages from a page. We also may use these cookies to provide us with certain statistical and analytics information, such as how many visitors came to our Website. These cookies are used to monitor the level of activities of the Website and to improve the performance of the Website.

• Advertising cookies: These cookies enable the website owner or a third party service provider to place ads on the website of the website owner or on websites of third parties with products that the user may like, so that the advertisement the user sees can be more relevant to the user’s preferences or interests (sometimes referred to as “targeting cookies”). They may also be used to evaluate effectiveness of advertising and promotion.

These cookies may be placed by us or a third party on our behalf.

In addition, because our Website is created using WordPress.org, there are a number of WordPress user cookies for logged in users and for commenters. These are tiny pieces of information stored on the users’ computer, to verify who they are. Only WordPress website administrators have these cookies. Since comments are currently disabled on this Website, these cookies do not affect you. If you want to learn more on this topic, please visit https://wordpress.org/support/article/cookies/

b. Google Analytics

On your computer, we store the cookies of Google Analytics. Google Analytics is a web analytics service that is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

The cookies of Google Analytics allow an analysis of the use of the Website by you and other Website users that Google provides to us. The information generated by the cookies about your use of our Website is usually transmitted to a Google server in the USA and stored there. This information may include number of times a user visits the Website, dates of the first and last visit, duration of the visits, the page from where the user accessed the Website, the search engine the user used to access the Website or the link they clicked on, the place in the world from where the user accesses, etc. Google will use this information on our behalf to evaluate your use of the Website, to compile reports on your Website activity, and to provide other services regarding Website activity and internet usage for us.

We have activated the IP anonymization feature on our Website. Your IP address will be shortened by Google within the European Union or other parties to the Agreement on the European Economic Area prior to transmission to the United States. Only in exceptional cases is the full IP address sent to a Google server in the US and shortened there.

You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this Website. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under this link.

In addition, Google may monitor the use of the Website by the user and combine this data with data from other websites monitored by Google which the user has visited and Google may use these findings for its own benefits (e.g. to control advertisement), under their responsibility and based on their own privacy policies that can be found here.

You can learn more about Google Analytics and how they process personal data under https://policies.google.com/technologies/partner-sites?hl=en. 

c. List of cookies we use

Please find hereafter a complete list of the cookies that we use or will use on this Website including the information about their purposes and their expiration.

Provider: Google Analytics
Name: _gat
Category: Performance cookie
Purpose and expiration Google Analytics for business performance monitoring. Used to throttle request rate – limiting the collection of data on high traffic sites. It expires after 10 minutes.

Provider: Google Analytics
Name: _gid
Category: Performance cookie
Purpose and expiration: Google Analytics for business performance monitoring. Used to track how users navigate the website to improve the website ‘s usability. It expires after 24 hours.

Provider: Google Analytics
Name: _ga
Category: Performance cookie
Purpose and expiration: Google Analytics for business performance monitoring. Used to identify users by a unique identifier or Client ID. It expires after 2 years.

Provider: Google Fonts
Name: Google Fonts API
Category: Performance cookie
Purpose and expiration: Used to request the user IP address. It is designed to limit the collection, storage, and use of end-user data to what is needed to serve fonts efficiently. No retention time as no cookies are sent by website visitors to the Google Fonts API.

Provider: Wordfence
Name: wfwaf-authcookie-[ID number]
Category: Performance cookie
Purpose and expiration: Used by the Wordfence firewall to perform a capability check of the current user before WordPress has been loaded. It only applies to users who log in WordPress.

d. Management of cookies

If you do not want to accept these cookies you can change your browser settings to delete or prevent certain cookies from being stored on your computer or device without your consent. Each browser is different in the type, how it manages the cookie-settings. This is normally described in the «Help» menu of each browser. You will find this information for the most popular browsers under the following links:

• Internet Explorer: support.microsoft.com/help/17442/windows-internet-explorer-delete-manage-cookies

• Mozilla Firefox: https://support.mozilla.org/en-US/kb/block-websites-storing-cookies-site-data-firefox

• GoogleChrome: support.google.com/chrome/answer/95647?co=GENIE.Platform%3DAndroid&hl=en

• Safari: support.apple.com/en-gb/HT201265

Please note, however, that by disabling the cookies function in your browser settings, you may no longer be able to use all the functions of the Website.

e. Legal basis

The legal basis for the processing of personal data by using cookies is based on our legitimate interests in operating, protecting, analyzing, optimizing, and improving our Website, or your consent where we use your information for marketing or analytical purposes.

f. Social media plug-in of LinkedIn

On our Website, we have installed the plug-in from the social media channel LinkedIn, which is operated by LinkedIn Corporation, 1000 West Maude Avenue Sunnyvale, California 94085, USA. When you click on the LinkedIn button, a direct connection is established between your browser and the LinkedIn server. Therefore, you can choose if you want to activate the LinkedIn button. If you activate the LinkedIn button, LinkedIn thereby receives the information that you have visited our site with your IP address. If you click the LinkedIn button while you are logged into your LinkedIn account, you can link the content of our pages on your LinkedIn profile. This allows LinkedIn to associate the visit to our pages with your user account. We point out that we have no knowledge of the content of the transmitted data and its use by LinkedIn. The subsequent data processing is carried out solely in accordance with the data protection declarations and terms of use of LinkedIn, which you can access under the following link: www.linkedin.com/legal/privacy-policy.

The legal basis for the data processing results from our legitimate interest to make our website more attractive and to provide information about us and our services to a larger audience as well as based on your consent to connect with our LinkedIn page and to learn more information about us and our services. Regarding the transfer of personal data abroad, we refer to point 6 above.

9. No automated decision-making including profiling with legal effect

We do not make any decision about you which is based solely on automated processing and which has legal effect on you or significantly affects you in a similar way.

10. Data Security and e-mail communication

We have implemented various technical and organizational measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised use, disclosure or access, in particular where processing involves the transmission of data over a network, and against all other unlawful forms of processing and misuse. We will notify you and any applicable regulator of a data security breach if we are legally required to.

Unfortunately, transmission of information via the internet or by e-mail is not wholly secure. Although we take reasonable security measures to protect your personal date, we cannot guarantee the security of your personal data transmitted to our Website or via e-mail; any transmission is done so at your own risk. For this reason, you are always free to transfer your personal data to us via alternative means.

11. Third-party privacy policies

Please note that if you click on the link to a third-party website (e.g. Google or social media or other websites), you will be taken to a website we do not control, and our Privacy Notice will no longer be in effect.

Your browsing and interaction on any other website are subject to the terms of use and privacy policies and notices of such third-party websites. We strongly encourage you to read the terms of use and privacy policies and notices of other websites carefully, before providing personal data through that website. We are not responsible or liable for the information content on such third-party websites. Furthermore, we cannot guarantee the accuracy and timeliness of these links.

12. Children

Our Website is not intended for children and we do not knowingly collect personal data from children under the age of 16, except with the explicit parental consent. If we are notified or otherwise learn that personal data of a child under the age of 16 has been improperly collected, we will take all reasonable steps to delete that personal data.

13. What your rights are

You may request information from Dabusti Wilson Communications as to whether data concerning you is being processed. In addition, you have the right to request the correction, destruction or restriction of personal data regarding yourself as well as to object to the processing of personal data. Should the processing of personal data be based on your consent or our legitimate interests, you may withdraw consent, respectively, object to such processing at any time. However, please note that a withdrawal does not affect the legitimacy of the processing activities that took place before you withdrew your consent. Moreover, in certain cases, you have the right to obtain data generated during the use of online services in a structured, common and machine-readable format which allows for further use and transfer.

Requests in this respect shall be submitted to Dabusti Wilson Communications via the following email address: support@dabustiwilson-communications.com. Dabusti Wilson Communications reserves the right to restrict the rights of the affected user in accordance with applicable laws and e.g. not to disclose comprehensive information or not to delete data.

If we refuse your request or if you are not satisfied with our processing, you are also entitled to lodge a complaint with the competent supervisory authority and seek a judicial remedy.

14. Changes to our Privacy Notice

This Privacy Notice may be changed from time to time and without prior notice or announcement. All changes to this Privacy Notice are effective when they are posted on the Website unless indicated otherwise.