Privacy & Cookie Policy

Last updated: Sep 26, 2022

Protecting the individual's privacy on the Internet is crucial to the future of Internet-based business and the move towards a true Internet economy. We have created this Privacy Statement to demonstrate our firm commitment to the individual's right to privacy. This Privacy Statement outlines our handling practices with regard to such information that can be used to directly or indirectly identify an individual ("personal data").

This Privacy Statement applies to www.daimani.com or any other URL determined by DAIMANI. This Privacy Statement is available in different languages. In case of any inconsistencies between the different language versions, the English version shall prevail. Some DAIMANI group entities, offerings, programs and/or websites may have their own, possibly different, privacy statements. We therefore encourage you to read the privacy statements of each of the DAIMANI websites, offerings or programs you visit or review.

Our privacy practices set out herein reflect current global principles and standards on handling personal data. These principles include notice of data use, choice of data use, data access, data integrity, security, onward transfer, and enforcement/oversight. We abide by the privacy laws in the countries where we do business.

Controller

The controller within the meaning of the General Data Protection Regulation and other national data protection laws and regulations that determine the purposes and means of processing personal data is:

Daimani AG
Gartenstrasse 19
8002 Zürich
UID CHE-338.036.261

The data protection officer / data protection coordinator of the controller can be contacted at:

Telephone number: +41 43 215 41 00
E-mail address: privacy@daimani.com

Consent

We only process personal data if this is necessary to provide a functional website as well as the contents and services of ourselves and of any legal entity, other than us, that is (i) either a member of the DAIMANI group of companies; or (ii) completely, or partially, owned or controlled by, controlling or under common control with us, including any special purpose entities established by us for a dedicated event (“DAIMANI Group”). The processing of our users' personal data is normally only carried out with your prior consent, except those cases where prior consent cannot be obtained for factual reasons and the processing of personal data is permitted by law.

By using this website, you consent to the collection and use of your personal data as described herein. If you do not agree with the terms set out herein, please do not use this website.

If we decide to make changes to this Privacy Statement, we will post the changes on this website so that you will always know what personal data we collect, and how we use it. We therefore encourage you to periodically look for updates to this Privacy Statement.

As may be required by applicable law, we may also seek your explicit consent to process certain personal data collected on this website or volunteered by you. Kindly note that any consent will be entirely voluntarily. In case you do not grant a requested consent into the processing of your personal data or (in accordance with Subsection 10 (Data Retention) below) later inform DAIMANI that you do not want DAIMANI to further process your personal data, however the (further) use of certain offerings or services of DAIMANI may be either not possible or limited in scope.

Collection and Processing of your Personal Data

To serve you better and understand your needs and interests, DAIMANI collects, exports, and uses personal data with adequate notice (as set out herein) and where legally required consent, along with required filings with data protection authorities, when applicable.

When you visit our website, we may record your IP address and use cookies and other Internet technologies (referred to below as "Automated Tools" and "Embedded Web Links") to gather information about our visitors and their interests. Depending on the Automated Tools used, the gathered data comprise beyond your IP address, your DAIMANI cloud identity we assign to you when you register with DAIMANI, the type of your browser, the DAIMANI websites you have visited, the objects you have clicked on a certain DAIMANI website, the time you have spent an a certain website, the foreign website from where you have accessed a DAIMANI website and the foreign website to which you have left from an DAIMANI website, collectively your “DAIMANI identity”. The technologies used and the information collected are described in more detail in Subsection 5 (Automated Tools) below. DAIMANI may add information collected by way of Automated Tools to user profiles DAIMANI retains about you. Such additional information includes your user ID, website preferences and your interest in DAIMANI's products.

We may further collect and process any personal data that you volunteer to us, e.g. when you register and/or send us a request for events or other offerings of DAIMANI, subscribe to newsletters, participate in online surveys, discussion groups, forums or DAIMANI's chat service, or when you make purchases or otherwise submit your contact details to DAIMANI. In case you provide DAIMANI with your IDs of social media, DAIMANI may retrieve publicly available information about you.

Such personal data will comprise in the individual case (a subset of): your first and last name, your date of birth, your postal and email address (as further detailed in Subsection 2. (Email Addresses) below), your telephone number, log in data for social networks, financial and banking details relevant to process your order (as further detailed in Subsection 3. (Shopping or Event Registration) below), and certain information about the company you are working for (i.e. your company's name and postal address, your job title and seniority level) as well as information as to which relationship (i.e. which version of DAIMANI's terms of use you have accepted or what our choice regarding receiving marketing materials from DAIMANI is) between DAIMANI and you exists.

1. Use and Purpose of Collected Personal Data

The information DAIMANI collects to understand your needs and interests helps DAIMANI deliver a consistent and personalized experience. We will use such information only as described in this Privacy Statement and/or in the way we specify at the time of collection. We will not subsequently change the way your personal data is used without your consent, as required by applicable law. We will exclusively use your personal data for the following purposes:

  • To process your request and/or orders and deliver the products, services and information that you have ordered;
  • To keep you up to date on the latest product announcements, software updates, software upgrades, security patches, system enhancements, special offers, and other information regarding the products, software and services of DAIMANI and the DAIMANI Group companies. This may occasionally include information from other technology companies, events or business partners about products and services that can add value to your DAIMANI products and the products of other DAIMANI Group companies, including FORTIUS AG. Such communication may be provided not only by DAIMANI, but by any other DAIMANI Group companies. In this regard, you expressly acknowledge that your contact details may be shared by DAIMANI with any other DAIMANI Group companies.
  • Furthermore, you acknowledge that any information required to track your choices regarding receiving marketing materials (i.e. depending on the country where the relevant DAIMANI Group company operates whether you have granted an explicit consent into receiving and/or opted-out of receiving marketing materials) may be stored and exchanged between the companies;
  • To tailor information about our products and services to your individual interests. For example, during a visit to our website, it allows us to provide you with specific information on products and services that may be of interest;
  • To provide the ability to create by way of the DAIMANI Cloud ID Service a single user profile which one individual can use within the whole DAIMANI Group of to access web offerings and services. Therefore, you acknowledge that such personal data required for the creation of your user profile may be shared within and used by the whole DAIMANI Group of companies for this purpose. Such service may also allow you to share information about you (including personal data) with other registered users of the same service. You can use the functionality of the relevant service to determine which information you want to share;

Beyond the DAIMANI Cloud ID Service profile described in the bullet point above to provide the ability to create other user profiles and access to other service specific personal profile areas (e.g. in connection with DAIMANI's own partner and reward programs, forums and communities). Since such profiles may allow you to access services of different members of the DAIMANI Group. You acknowledge that such personal data required for the creation of your user profile may be shared within and used by the whole DAIMANI Group of companies for this purpose. Such service may also allow you to share information about you (including personal data) with other registered users of the same service. You can use the functionality of the relevant service to determine which information you want to share;

  • To provide a personalized user experience and view protected content
  • To conduct online "Click to Chat" and "Click to Call" sessions;
  • In order to ensure and control the quality of the information and experience you have during chat sessions with DAIMANI by educating our personnel to effectively answer your questions
  • To provide the ability to contact you in order to respond to your inquiries, and provide you with shipping and billing information, and to provide customer feedback and support;
  • To provide contests, sweepstakes or other marketing or promotional activities on the www.daimani.com or any other URL determined by DAIMANI. Personal data may be collected to administer those programs;
  • To conduct questionnaires and surveys in order to provide better products and services to our customers and end users. Your completion of any questionnaires is voluntary;
  • To support recruitment inquiries;
  • To prepare anonymized data regarding the use of DAIMANI's websites and offerings. DAIMANI will use such anonymized data only for the improvement of such websites and offerings;
  • To meet contractual obligations; and
  • To comply with applicable regulatory requirements, in particular resulting from export laws. DAIMANI and its products, technologies and services are subject to the export laws of various countries, including without limitation, to those of the European Union and its member states, and the United States of America. You acknowledge that, pursuant to the applicable export laws, trade sanctions and embargoes issued by these countries, DAIMANI is required to take measures to prevent entities, organizations and parties listed in government issued sanctioned party lists from accessing certain products, technologies and services through DAIMANI's websites or other delivery channels controlled by DAIMANI. You therefore acknowledge and agree that DAIMANI may (i) automatically check any user registration data and other information you provide about your identity against applicable sanctioned party lists; (ii) regularly repeat such checks whenever a sanctioned party list is updated or when you update your information; (iii) block your access to DAIMANI's services and systems in case of a potential match; and (iv) in case of a potential match contact you in order to confirm your identity.

2. E-mail Addresses and/or Mobile Number

If you choose to give us your e-mail address, we will communicate with you via e-mail. You choose to give us your mobile number. If so, we will communicate with you via the mobile phone connected communication channels. We do not share your e-mail address or mobile number with others outside the DAIMANI Group unless this is required for the business relationship between you and DAIMANI or if you register for third party services. You can choose not to receive any more e-mails at any time (in accordance with Subsection 9. (Choice/Opt-Out) below) or request the deletion of your personal mobile number in accordance with Subsection 11 (Inquiries, Access and Updating Your Personal Data).

However, such choice will not affect the sending of emails that are strictly required to perform the business relationship between you and DAIMANI.

Depending on how your e-mail application is set up, information about you may be transmitted automatically when you send e-mail to DAIMANI.

If you choose to register for third-party services, we may need to send some information from your registration with DAIMANI to the service provider, possibly including your e-mail address.

3. Shopping or Event Requests or Event Registration

Our site includes order forms that you fall out to request information, products, and services. These forms may in addition to the information described above collect your financial information, such as your banking details or credit card numbers. DAIMANI promises to use any financial information that you submit solely for billing and payment purposes for that special transaction. This may include the transfer of your data to third parties involved in executing the transaction, such as banks, credit card companies and other financial and credit control institutions.

4. IP Addresses

We use IP addresses to help diagnose problems, to establish the country from where a user is using our websites and services in order to provide appropriate legal statements, to administer our website, and to gather demographic information as further stated in the below Subsection 5 (Automated Tools).

We may also use IP addresses or other information, as further explained in Subsection 5 (Automated Tools) below you have shared on this website or at any earlier occasion or a campaign code, to determine which pages on our sites are being visited and topics that may be of interest so we can provide you with information about relevant products and services.

DAIMANI may also collect IP addresses (and other technical information such as browser type) during a Click-to-Chat or Click-to-Call session that you initiate. This information is collected when you connect to DAIMANI so that we may identify your session, deliver content based on the technical capabilities of your browser, and for quality control purposes. Your IP address will not be used to identify you unless you provide your prior consent.

DAIMANI will only gather information related to your visit to the DAIMANI site. We do not track or collect personal data from your visits to companies or entities outside the DAIMANI Group of companies beyond the information stated above in the Subsection III. (Collection and Processing of Your Personal Data).

5. Automated Tools

In addition to the information you provide, DAIMANI may also collect information during your visit to a DAIMANI website through Automated Tools, which include Web beacons, cookies, embedded Web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to our website such as your browser type and language, access times, and the address of the website from which you arrived at an DAIMANI website. Using these tools, DAIMANI is also able to confirm receipt of e-mails that the recipient consented to receive, and can track other information such as pages visited an the relevant DAIMANI site and whether or not the recipient registers for an event offered by DAIMANI and certain other aggregate data that is not related to a particular individual.

Unless another means to make your choice is listed below, you may refuse the use of Automated Tools like cookies by selecting the appropriate settings in your browser. Kindly note that in the latter case the settings in your browser regarding cookies are limited to the particular browser installed on a particular device and that, as a consequence, if you visit DAIMANI's websites with different browsers or different devices, you have to disable the tracking cookies in the browsers of all relevant devices. However kindly further note that if you do this you may not be able to use the full functionality of the relevant site.

DAIMANI is in particular currently using the following Automated Tools for the purposes set out below.

Google Analytics: Some websites which refer to this Privacy Statement use Google Analytics. Google Analytics uses cookies, which are text files placed on your computer to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on site activity for site operators and providing other services relating to site activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.

Google has developed the Google Analytics Opt-out Browser Add-on. lt provides website visitors more choice on how their data is collected by Google Analytics. The add-on communicates with the Google Analytics JavaScript (ga.js) to indicate that information about the website visit should not be sent to Google Analytics. lt can be downloaded here: http://tools.google.com/dlpage/gaoptout?hl=en

META (Facebook): Some websites which refer to this Privacy Statement use Facebook Tracking. The personal information collected by Facebook Tracking can include the following; IP address, First name, Last name, Email address and Telephone number. The data collected by Facebook Tracking is used to create targeted Facebook marketing campaigns and to measure their success.

DAIMANI Web Analytics: Some websites which refer to this Privacy Statement use DAIMANI Web Analytics ("DWA") based on the SAP C4C Solution. DWA helps to analyse how users use the relevant site. The information generated (including a part of your IP address and a browser-ID) will be transmitted to and stored by DAIMANI. DAIMANI will use this information only for the purpose of evaluating your use of the website and compiling reports on website activity for website operators — and finally, to improve DAIMANI's websites.

Each website which uses DWA contains a separate statement regarding such use and provides for an option of the user to opt-out of the tracking by DWA either directly in the relevant statement.

Usage Tracking for Marketing Purposes: Certain DAIMANI websites may collect the way you are accessing and using such websites by other means in order to prepare pseudonymous usage profiles that are used to determine which content is the most appropriate to be displayed while you visit a certain website. In this case, DAIMANI is capturing your usage behaviour together with a unique identifier (that allows DAIMANI to establish that there is a certain person active on its websites) but no information like your name that can be used to directly identify you. DAIMANI will use the collected information only in order to display appropriate and relevant content on its websites. Each DAIMANI website making use of such tracking mechanism will contain further information about the collected information as well as an opt-out choice.

Embedded Web Links: Emails from DAIMANI often use links designed to lead you to a relevant area on the Web, after redirection through DAIMANI's servers. The redirection system allows DAIMANI to change the destination URL of these links, if necessary, and to determine the effectiveness of our marketing initiatives. In emails, such links may also allow DAIMANI to determine if you have clicked on a link in the email, and the information about this interaction may be connected to your personal identity. If you do not want DAIMANI to collect information about the links you clicked, you can simply choose not to click on the links in an e-mail that DAIMANI sends you.

Cookies: Cookies are identifiers that can be sent from a site via your browser to be placed on your computer's hard drive. DAIMANI uses cookies to deliver personalized content, to save you having to re-enter your password or complete registration forms repeatedly, to keep track of your shopping cart, and to tailor our information offerings to how you and others use the site. We offer to you the following ways to make your choice regarding DAIMANI's use of cookies:

You may refuse the use of cookies by selecting the appropriate settings in your browser. Kindly note that the settings in your browser regarding cookies is limited to the particular browser installed on a particular device and that, as a consequence, if you visit DAIMANI's websites with different browsers or different devices, you have to disable the cookies in the browsers of all relevant devices. Furthermore, please note that if you disable cookies you may not be able to use the full functionality of a website.

6. Sharing your Personal Data

As a member of a global group of companies, DAIMANI operates a number of websites around the world. Any data and information that you volunteer or that is otherwise collected on one of our sites in any one country may be sent electronically to a server for one of these sites in another country. Such servers or other types of data processing facilities may be located within or outside the European Economic Area or third countries that are regarded by the EU Commission as featuring an adequate level of data protection. However, we safeguard your privacy interests around the world by ensuring that this DAIMANI website adheres to our data protection principles described in this statement. All companies of the DAIMANI Group may use the information internationally in connection with processing your inquiries and orders, in order to provide services to you, to help improve our products and services to keep you up to date about the latest product announcements, software updates, software upgrades, security patches, system enhancements, special offers, for processing and storage and for all other purposes set out in the section "Use and Purpose of Collected Personal Data" above. This includes that all companies of the DAIMANI Group may provide you with marketing materials if (depending on the country in which the relevant DAIMANI Group company operates) you have granted your prior consent and/or unless you have opted out of receiving marketing materials.

We may also share such information with business partners, service vendors, authorized third-party agents or contractors (such as Google, Inc..) in order to provide a requested service or transaction, including processing orders, processing credit card transactions, hosting websites, hosting event and seminar registration and providing customer support, providing you with information on products and services that may be of interest to you or in order to analyse the user behaviour on our webpages (e.g. in case of Adobe Analytics or Google Analytics).

We only provide these third parties with the minimum amount of personal data necessary to provide the services on our behalf, and the third parties are (where legally required) bound by appropriate order data processing agreements and/or comprehensive confidentiality undertakings and therefore not permitted to use your personal data except for the limited purpose of completing the requested service or transaction.

We do not sell or rent your personal data to third parties for marketing purposes unless you have granted us permission to do so.

We may respond to subpoenas, court orders, or legal process by disclosing your personal data and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims.

Circumstances may arise where, whether for strategic or other business reasons, DAIMANI decides to sell, buy, merge or otherwise reorganize businesses in some countries. Such a transaction may involve, in accordance with applicable law, the disclosure of personal data to prospective or actual purchasers, or the receipt of it from sellers. lt is DAIMANI's practice to seek appropriate protection for information in these types of transactions. We may collect and share personal data and any other additional information available to us in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of DAIMANI's terms of use, or as otherwise required by law.

While visiting DAIMANI's website you may be directed to content or functionality that is hosted by a third-party supplier. Most often, this is done to host special events, such as contests or seminars. When information is collected on behalf of DAIMANI exclusively, the appropriate DAIMANI entity's privacy statement will be referenced on the website and will govern how information is used. For other, non-DAIMANI sites, the site's owner's privacy policy will be referenced. lt is DAIMANI's practice to require such suppliers and business partners to handle information in a manner consistent with DAIMANI's privacy statement.

7. Security of your Personal Data

DAIMANI is committed to protecting the personal data you share with us. DAIMANI uses a combination of industry-standard security technologies, procedures, and organizational measures to help protect your personal data from unauthorized access, use or disclosure. DAIMANI supports online security using secure server technology because we want your data to be safe. There are state-of-the-art security arrangements and facilities on DAIMANI sites to prevent abuse.

We bind our employees and data processors to observe your privacy and confidentiality rights.

8. Links to Other Sites

This website may contain links to foreign (i.e. non DAIMANI Group companies) sites. DAIMANI is not responsible for the privacy practices or the content of other websites outside the DAIMANI Group of companies. Therefore, we recommend that you carefully read the privacy statements of such foreign sites.

9. Choice/Opt-Out

We communicate with users who subscribe to our services on a regular basis via email, and we may also communicate by phone to resolve customer complaints or investigate suspicious transactions. We may use your email address to confirm your opening of an account, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt out of these communications which are not marketing related but merely required for the relevant business relationship. With regard to marketing related types of communication (i.e. emails and phone calls), DAIMANI will (i) where legally required only provide you with such information after you have granted your opt-in and (ii) provide you the opportunity to exercise an opt-out choice if you do not want to receive further marketing related types of communication from us. The opt-out choice may be exercised, depending on the respective DAIMANI Group web offering. If you receive marketing or similar e-mail messages from us and wish to opt out of receiving such messages, you may simply follow the opt-out procedure specified in such e-mail. In addition, if you have registered on our site, you may opt out of receiving any future marketing or similar messages by emailing your request to unsubscribe here: privacy@daimani.com lf you prefer to have your account removed permanently, please email your request to privacy@daimani.com

10. Data Retention

DAIMANI will not retain your personal data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations. In particular and if no such contradicting statutory obligation exists, DAIMANI will delete your personal data once you inform DAIMANI that you do not want DAIMANI to further process your personal data. Please direct any such request to privacy@daimani.com Kindly note that in this case the use of certain services or offerings may either be limited or not possible any longer. In case there is a contradicting statutory obligation for DAIMANI to retain your personal data, DAIMANI will block it against further processing and then delete the relevant personal data when the requirement to retain it has ceased.

11. Inquiries, Access and Updating your Personal Data

DAIMANI needs your help in keeping the personal data you have shared with us accurate and up to date. If you are a registered user, you may make these updates yourself online via www.daimani.com or any other URL determined by DAIMANI. You may also make these updates or other changes by sending an email to privacy@daimani.com

If you have any other questions about this Privacy Statement, please contact: Webmaster: privacy@daimani.com

You furthermore have the right to information, correction, limitation of data processing, deletion of your personal data, objection, revocation of the declaration of consent under data protection law for the future and data transferability within the framework of the data protection law applicable to you and to the extent provided for therein. In addition, you have the right to assert your claims in court or to file a complaint with the responsible data protection authority.

12. US-specific Provisions

To the extent that DAIMANI is subject to US privacy requirements, the below applies in addition:

  • a. Do Not Track

    Cookies are identifiers that can be sent from a site via your browser to be placed on your computer's hard drive. Thereafter when you visit a site, a message is sent back to the web server by the browser accessing the site. Your browser may allow you to set a "Do not track" preference. Our site does not honor "Do not track" requests, but you may elect not to accept cookies by changing the designated settings on your web browser. However, not utilizing cookies may prevent you from using certain functions and features of our site. This site does not allow third parties to gather information about you over time and across sites.

  • b. Requirements to Protect Children's Privacy

    We do not intend for our websites or online services to be used by anyone under the age of 18. If you are a parent or guardian and believe we may have collected information about a child, please contact us as described in this Privacy Statement.

13. Russia-specific Provision

The below applies to users residing in the Russian Federation

If you are a Russian citizen residing in Russia, you are hereby notified, that any personal data that you input into the services will be solely at your own risk and responsibility, you explicitly agree that DAIMANI may accumulate your personal data and may process this data in the US and in other countries and that you will not hold DAIMANI accountable for any potential non-observance of the Russian Federation legislation.

Sep 2022