Privacy & Cookie Notice

1. Introduction

In Talk Data Collection AG , we respect the privacy of individuals and we are committed to the security and protection of the personal information of the visitors to our website: www.talk-group.com  (“Users”).

The present Privacy and Cookie Notice has been prepared based on the provisions of the applicable data protection legislation, including Regulation (EU) 2016/679 (General Data Protection Regulation-GDPR) and the Swiss Federal Act on Data Protection (“DSG”). It explains who we are, how we collect, share and use personal information about you, how our website uses cookies and how you can exercise your privacy rights.

The present Notice forms an integral part of the Terms and Conditions of Use and of any the other policies adopted by Talk Data Collection AG. This Notice relates solely to the use of the present website, if not stated otherwise within this document, and does not apply to your use of any of the Services offered by us which may be subject to different Policies. Please note that we provide additional privacy notices where necessary, for example if you register in one of our panels or if you participate in particular market research activities.

We will always keep your personal data safe and comply with all applicable data protection provisions as each time in force according to the legislative and regulatory framework. We shall not at any time, receive from you more personal data than those that are necessary for each purpose for which they are collected, and we will not use or share your information with anyone except as described in this Privacy and Cookie Notice.

This Notice may be updated at our discretion, from time to time, for example to comply with new requirements imposed by the applicable laws or technical requirements, and therefore we ask you to check back periodically for the latest version of the Notice, as indicated in the “Last revised” date at the bottom of the Notice.  If there will be any significant changes made to the use of your Personal Information (as defined herein) in a manner different from that stated at the time of collection, we will endeavor to notify you by posting a notice on our Website or by sending you an e-mail.

Data ControllerEU Representative:

The Data Controller for the collection, processing and use of your personal data within the meaning of the applicable legal and regulatory framework for the protection of your personal data is:

The Company under the trade name: Talk Data Collection AG, having its registered office in Zürich, Switzerland (Möhrlistraße 21, 8006), with Company Registry No. and Tax Reg. Number: CHE-239.393.852 on behalf of itself and its affiliates/subsidiaries (hereinafter collectively referred to as “Talk”, “we”, “us”, “our”)

The Data Controller has appointed as an EU Representative (according to article 27 of the GDPR) for all its users residing in the EU, its subsidiarity legal entity under the trade name: Talk Online Panel GmbH, having its registered office in Vienna, Austria (Karlsgasse 7/5, 1040) with Company Registry No. FN 419178 p and Tax Reg. Number: ATU68904867.

 

2. Personal Data We May Collect About You:

 Personal data or personal information is any information related to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly. Such data do not include information that is anonymous.

We may collect and process various types of personal data about you, when you visit and browse our website, as described in this Notice, including:

  • Data collected directly by you:

Personal data such as your name, surname, e-mail address, the company you represent or work in or other contact details about you that might be contained in communications you send to us for business and cooperation requests, inquiries, complaints and other requests through our channels of communication (using our website contact form or by sending us an email). Furthermore, we will receive your e-mail when you voluntarily fill in our form to receive a Newsletter from us.

  • Data collected automatically using cookies and other tracking technologies:

Usage data about our users’ access and browsing behavior on our website that consist of personally identifiable information collected automatically, which can include among other data your browser type, version and language, your internet protocol (IP) address, operating system and time zone setting and location, your referral website, actions you take, patterns of page visits within our website. Collecting this information enables us to better understand the visitors who come to our Website, where they come from, and what content on our Website is of interest to them.  We may receive some of the aforementioned technical data from analytics providers such as Google. We use this information for our internal analytics purposes and to improve the quality and relevance of our Website to our visitors. For more details on the data we collect automatically, through cookies, – or other similar tracking technologies – by our Website or by the owners of third-party services used by this Website please see the Section 8 below.

 

3. For what purposes we collect information about you and on what legal basis?

Whenever we process personal data, we do so on the basis of a lawful “justification” (or legal basis) for such processing. We may process Personal Data relating to our Users if one of the following applies:

  • If processing is necessary for our legitimate interests (or interests of a third party) that are not overridden by your interests and fundamental rights, including the operation, maintenance, security and the improvement of our Website and of the users’ experience, the performance of usage data analysis, the processing of your inquiries or the establishing, exercising or defending of legal claims. In these cases, we will look after your information at all times in a way that is proportionate and respects your privacy rights and you have a right to object to processing as explained in “Your Rights” section below;
  • If use of your Personal Information is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
  • If processing is necessary for compliance with a legal or regulatory obligation to which we are subject (e.g. the disclosure of information to law enforcement or tax authorities).
  • If processing is based on users’ prior explicit consent for one or more specific purposes. (e.g. where users provide us with their marketing consents to receive newsletters).

In any case, we will gladly help to clarify the specific legal basis that applies to the processing, so if you would like to find out more about the legal basis for which we process Personal Information please contact us.

4. Talk Newsletter

When you visit our Website you have the option to register in order to receive our Newsletter. By filling out our form, you give us your explicit consent to process your e-mail for the purpose of periodically sending you our newsletter that may contain news, updates, information about events or about our Products and Services that we provide. Your personal data will be stored until you unsubscribe from the newsletter or revoke your consent or the latest after 3 years since our last communication and interaction.

To protect privacy rights and to ensure you have control over how we manage marketing activities with you:

  • we will take steps to limit marketing to a reasonable and proportionate level and only send you communications which we believe may be of interest to you;
  • If you no longer wish to receive the Talk newsletter you can ask us to stop sending marketing emails to you, by following the ‘unsubscribe’ link you will find on all the email newsletters we send you. Alternatively, you can contact us at rfq@talkonlinepanel.com. The withdrawal of consent does not affect the legality of the personal data processed up until the point of revocation.

Please note that to the extent that it is permitted under the applicable law we may exceptionally apply a ‘soft opt-in’ where the Data Subject’s details were obtained in the course of a sale or negotiations for a sale of Talk Services, where the messages are only for the purpose of marketing similar services; where the person is given a simple opportunity to refuse marketing when their details are collected and at the time of the first marketing communication the right to object is brought to the explicit attention, present clearly and separate from other information, and they are given a simple way to do so in all future messages.

 

5. With whom we might share personal information?

 We may share personal data and information we collect about our users, in accordance to the present Notice, with third parties in the context of the general operation and functioning of our website and always in a way that guarantees that your personal data and the information that we collect about you is not subject to any unlawful processing, i.e. processed for purposes other than the following purposes:

  • Other entities within the Talk group of companies for auditing or operational purposes;
  • With third-party subcontractors and/or our service providers who may provide on behalf of Talk technical, operational and marketing services, such as but not limited to hosting, technical support, and newsletter delivery services, data analysis or other support services from time to time, strictly for the purpose of providing their services to us, appointed, if necessary, as our Data Processors. We always enforce procedures in order to select suppliers processing personal data based on their capacity to comply with our data protection requirements by entering into appropriate data processing agreements with them and ensuring matters such as that no supplier can transfer any personal data outside the EEA unless they agree to appropriate safeguards and/or obtain customer consent if applicable or  additionally, that they cannot subcontract part of the personal data processing services to sub-processors without our prior approval.

For the same purpose, if you are our service provider we may collect contact details and other information about you or your company or organization where you provide services to Talk.

  • With our consultants (including financial, legal and other consultants) within the context of our Company’s lawful operation.
  • With special successors: In the event that Talk undergoes a business transition such as a merger, joint venture, acquisition by another company or sale of the whole or part of the Company assets, including personal information may be transferred to the successor entity/ in case of such change. If material changes to Talk‘s privacy practices will occur as a result of the business transition, we will notify you and other users of the business transition prior to transferring your personal information.

Furthermore, we will also respond to requests for personal data where required to do so by law, or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, request from a regulator or any other legal process served on us.

 

6. Transfer of data outside of the European Economic Area (E.E.A.)

We process your personal data at our operating offices and in any other place where the parties involved in the processing, such as our subcontractors, are located. Depending on the User’s location, data transfers may involve transferring the User’s Data to a country other than their own. If such transfers take place to a third country outside of the European Economic Area (E.E.A.) such as Switzerland or the USA, the personal data will be transferred only to the extent that a reasonable level of data protection is ensured in that country or on the basis of appropriate guarantees (the conclusion of appropriate standard Contractual Clauses approved by the European Commission as referred to in Article 46 (5) of the GDPR) or any other standards/conditions in accordance with the Personal Data Legislation, in order to maintain the required level of protection of and ensure that appropriate technical and organizational security measures are in place to protect personal data from accidental or unlawful destruction, accidental loss or alteration, unauthorized disclosure or access, and any other form of unlawful processing.

 

7. Retention time (How long do we keep your data?)

We will store your Personal Information for as long as is reasonably necessary for the purposes for which it was collected, as explained in this Privacy and Cookie Notice, or until a consent given by you gets revoked and you request their deletion (if this happens earlier), unless we are required to retain data for longer period of time for the performance of a legal regulatory, tax or accounting obligation or upon order of an authority.  The period for which we keep your personal data will be determined by a number of criteria, including the purposes for which we are using the information, the amount and sensitivity of the information, the potential risk from any unauthorised use or disclosure of the information, and our legal and regulatory obligations.

We generally, retain your personal data for three years from the end of our relationship or from the last contact from you. Notwithstanding the previous sentence:

  • Personal Data collected for purposes related to the performance of a contract between us and the User shall be retained until such contract has been fully performed or there are no pending related claims and legal.
  • Personal Data collected for the purposes of our legitimate interests shall be retained as long as needed to fulfill such purposes.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

 

8. Cookies

Our Website uses cookies. A cookie is a small amount of data file that is sent to a user’s browser from a web server and stored on the user’s computer’s hard drive, in order to allow a website to recognize the user when he returns to the website using the same computer and web browser, either for the duration of his visit (a “session cookie”) or for repeat visits (a “persistent cookie”). The session cookies are stored in the user’s device until log out, until the user leaves a webpage or until the software (web browser) is disabled while the persistent cookies remain on the user’s device until deleted or once they reach a defined expiration date. Other similar files (or tracking technologies and services) work in the same way and we use the word ‘Cookie’ in this Notice to refer to all files that collect information in this way.

Cookies set by the owner of a website are called “first party cookies”. Cookies set by other parties are called “third party cookies”. Third-Party Cookies, such as Google Analytics enable us to monitor and analyze web traffic and can be used to keep track of User behavior and gain insights on the quality, performance and/or effectiveness of our Website.

Strictly necessary cookies: are essential for the proper operation of the website, are used to help make our website work efficiently and enable you to browse around our website and use its features; Analytical/performance cookies used to analyze the way our website works and how we can improve and optimize it e.g. for statistical audience measuring to estimate the number of unique visitors, to detect the most preeminent search engine keywords that lead to a webpage or to track down website navigation issues.

When certain types of cookies require your prior consent in order to be installed and used, you are asked through a relevant banner displayed on the front page of the website. If you choose not to enable or delete certain cookies, you will still be able to browse our website, but it will restrict some of the functionality of our website.

We do not use automated decision-making without human intervention, including profiling in a way that produces legal effects concerning you or otherwise significantly affects you.

Please see on our website a Dashboard including the the list of the First-Party and Third-Party Cookies we use and there you can find more information about each and every cookie as well as you can save your preferences.

Use of Google Analytics 

We use Google Analytics, a web analytics service provided by Google LLC (“Google”), 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. As part of “Google Analytics”, cookies are placed on your computer to statistically evaluate your use of our website.

The information generated by these cookies about your use of this website (including your IP address) is anonymized through a process called IP masking before it is stored on Google servers so that it is no longer possible to assign it to a computer. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. Google stores the anonymized data on servers in the USA. Google uses this information to evaluate your use of the website, to compile reports on website activity for website operators and to provide other services related to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be matched or associated with any other data held by Google. More information on the handling of user data is available at Google Analytics.”

Follow these links for further information concerning the terms and conditions of our use of Google analytics External reference, the information that Google provide on data privacy and security, and Google’s data privacy notice.

Management and Cookies preference

The User reserves the right at any time to disable performance cookies through the relevant control panel provided by the Website or through his browser. Most browsers explain how the user can stop accepting new cookies, how they will be notified when they receive a new cookie, and how they will disable existing cookies. For more information on how you can manage cookies in the browser, please refer to the following links (as they are as URLs in the current update of this Notice, the content of which may be modified):

Firefox

Chrome

OSX/Mac OS

iOS

Please note that in general the deactivation of cookies may lead to operational restrictions of our Website.

 

9. Facebook fan page

 We operate a Facebook fan page under the URL https://www.facebook.com/talkonlinepanel which you can use to communicate with us. We are therefore, considered together with Facebook joint controllers as per Art. 26 GDPR for the processing which takes place on our fan page.

The data protection declaration of Facebook Inc. is relevant for all processing under the URLhttps://www.facebook.com/talkonlinepanel, which you can find here: https://de-de.facebook.com/about/privacy/

 

10. Security

We take and maintain appropriate technical and organizational security measures designed to prevent and reduce the risk of unauthorized access, disclosure, modification, or accidental destruction of personal information appropriate to the nature of the information concerned. Where applicable, we use encryption and other technologies that can assist in securing the information you provide. We also require our service providers to comply with strict data privacy and security requirements. While we take reasonable steps to protect your personal data, as the security of information depends in part on the security of the computer you use to communicate with us and the security you use, you accept the inherent security implications of dealing on-line over the Internet and will not hold Talk or our data processors responsible for any data breach unless it is due to our negligence. For the best possible protection of your personal data outside the limits of our control, your device should be protected (such as by updated antivirus systems) and your internet service provider should take appropriate measures for the security of network data transmission (such as, for example, firewalls and anti-spam filtering).

 

11. Your rights

Our website users may exercise certain rights regarding their personal data processed by us:

  • Right of information:
We must provide you with all the necessary information regarding the processing of your personal data, including as to what data are being processed, for what purposes, how long the data will be stored, in a concise, transparent, easy to understand and easily accessible format, using clear and plain language.
  • Right of access:
You have the right to obtain from us confirmation as to whether or not personal data concerning you are being processed and, where that is the case, you have the right of access to such personal data and obtain a copy of the data undergoing processing, or of related information regarding such processing if not covered within the present Policy.
  • Right to rectification:
You have the right to verify the accuracy of your data and request from us the rectification of inaccurate personal data concerning you and the completion of incomplete information about you.
  • Right to erasure:
You have the right, under certain circumstances, to request the erasure of your personal data when the data is no longer necessary for the purposes for which they were collected or processed, or you have revoked your consent and there is no other legal basis for processing or when you have successfully objected to the processing of your personal data, or when the data has been processed illegally, or when the data must be deleted in order to fulfill a legal obligation.
  • Right to restriction of processing:
You have the right, under certain circumstances, to obtain from us the restriction of your processing.
  • Right to object to processing:
You have the right to object, at any time to processing of personal data concerning you. We, in that case, shall no longer process your personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms as data subject or for the establishment, exercise or defence of legal claims.
  • Right to obtain human intervention in automated individual decision-making processing:
You have the right to request from us to not be subject, if applicable, to a decision process based solely on automated processing including profiling, which produces legal effects concerning you or significantly affects you.
  • Right to data portability:
You have the right to request from us to receive your personal data in a structured, commonly used and machine-readable or to be transmitted to another provider without hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, or contract which the User is part of or on pre-contractual obligations thereof.
  • Right to withdraw consent:
You have the right at any time to withdraw your consent whenever consent is the legal basis for processing your personal information.
  • Right to lodge a complaint:

You have the right to lodge a complaint with a supervisory authority if you consider that the processing of your personal data infringes applicable law. However, we would appreciate if we are offered the opportunity to deal with your concerns before you approach the data protection authority and so please contact us before, using the contact information mentioned in the present Privacy and Cookie Notice.

Swiss Data Protection Authority:
Federal Data Protection and Information Commissioner (FDPIC)
Feldeggweg 1
CH – 3003 Berne Switzerland
T +41 (0)58 462 43 95
F +41 (0)58 465 99 96

For all EU resident, the competent authority for for any data protection related matters is the Austrian Data Protection Authority “Österreichische Datenschutzbehörde”, Barichgasse 40-42, 1030 Vienna, phone: +43 1 52 152-0, e-mail: dsb@dsb.gv.at, Web: www.data-protection-authority.gv.at.

 

Exercising your Rights

For further information regarding your rights, to exercise any of your rights, or if you have any complaints or questions regarding the processing of your personal data please contact rfq@talkonlinepanel.com. These requests can be exercised free of charge and we will reply as soon as possible. In general, we reply to your requests within one (1) month of when we received the request, but if the request requires more time then we will inform you accordingly (within one month). Please note that we may request proof of identity, and we reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

 

12. Children’s privacy

We will not knowingly collect, any personal information from any person under the minimum legal age depending the relevant data protection legislation limits on the country of his/her residence. If you are younger than the minimum legal age please do not use or provide any information on this website or thorough any of its features, and do not give any information about you to us, including your name, your address, your phone number or your e-mail address. If we find that we have collected or received personal data from a child younger than the minimum legal age, we will delete such information.

 

13. Contact Details

Data Controller: Talk Data Collection AG, Möhrlistraße 21, 8006 Zürich, Switzerland, Société anonyme, Company Register No. and UID: CHE-239.393.852
Appointed EU Representative: Talk Online Panel GmbH, Karlsgasse 7/5, 1040 Vienna Austria, limited liability company, Company Register No.: FN 419178p, UID: ATU68904867

E-mail: rfq@talkonlinepanel.com

Website: www.talk-group.com

If you are an EU resident and you have any questions about the collection, processing or use of your personal data, please contact in writing Talk Online Panel’s Data Protection Officer: dpo@talkonlinepanel.com

Lead Supervisory Authority: Federal Data Protection and Information Commissioner (FDPIC)

Competent Supervisory Authority for EU Residents: Austrian Data Protection Authority www.data-protection-authority.gv.at

Last revised: 21.09.2022

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