The website located at www.positioner.com is operated by Positioner SA, with registered office at Via Lavizzari 3, 6900 Lugano, Switzerland, registered in the Commercial Register of the Canton of Ticino under the number CHE-109.889.183.
Accordingly, we are responsible for the collection, processing and use of your personal data in accordance with the law.
Your trust is important to us; therefore, we take data protection seriously and take care to provide proper security. In doing so, as a matter of course we comply with the legal provisions of the Swiss Federal Act on Data Protection (FADP), the Swiss Ordinance to the Federal Act on Data Protection (OFADP), the Swiss Telecommunications Act (TCA) and other applicable data protection provisions under Swiss or EU law, in particular the General Data Protection Regulation (GDPR).
In the following, we would like to inform you on how we treat your personal data.
1. Scope and purpose of the collection, processing and use of personal data
1.1 When you visit our website
When visiting our website, our servers temporarily store each access in a log file. The following technical data will be recorded by us, as usual with every connection with a web server, without your intervention, and stored by us until automatic deletion after no later than six months:
- the date and time of access,
- the IP address of the requested computer,
- the name and URL of the requested file,
- the status code,
- the transmission protocol you use,
- the requested verb, for example, a GET method,
- the target of the verb, for example, Default.htm,
- the query, if any, that the client was trying to perform. A Universal Resource Identifier (URI) query is necessary only for dynamic pages,
- the server port number that is configured for the service,
- the name of the authenticated user that accessed the server. Anonymous users are indicated by a hyphen,
- the browser type that the client used,
- the site that the user last visited. This site provided a link to the current site,
- the host header name, if any,
- the number of bytes sent by the server,
- the number of bytes received and processed by the server,
- the length of time that the action took, in milliseconds.
This data is collected and processed for the purpose of allowing the use of our websites (establishing a connection), ensuring system security and stability in the long term and allowing our Internet offering to be optimized, as well as for internal statistical purposes. To process the data for these purposes we rely on our legitimate interests.
The IP address will be evaluated for clarification and defense purposes only in the event of an attack on the website(s)' network infrastructure or in case of a suspicion of unauthorized or abusive use of the websites. It may further be used for identification purposes in criminal proceedings and in the context of civil and criminal proceedings against the concerned individual, as necessary and required. To process the data for these purposes we rely on our legitimate interests.
1.2 When you use the contact form
If you contact us by using the contact form located on our positioner.com website, we collect the following information from you: General Request
- Last name
- Phone number
- E-mail address
- Your Message
We use this data, only in order to answer your contact question in the best possible and personalized manner. Therefore, the processing of this data is required in order to conduct pre-contractual activities or is in our legitimate interest.
1.3 When you subscribe to our newsletters
You have the option to subscribe to our newsletter through our website. This requires registration. The following data must be provided in order to register:
- First name
- Last name
- E-mail address
The above is necessary for data processing. You may voluntarily provide additional information as well. We process this data exclusively to personalise the information and offers we send you and to better align it with your interests.
Our newsletters may contain a so-called web beacon (tracking pixel) or similar technical means. A web beacon is a 1x1 pixel, non-visible graphic that is related to the user ID of each newsletter subscriber.
For each newsletter sent, there is information about the address file used, the subject and the number of newsletters sent. In addition, it can be seen which addresses have not yet received the newsletter, to which address it was sent and at which addresses the delivery failed. There is also the opening rate including the information as to which addresses have opened the newsletter. Finally, there is the information as to which addresses have unsubscribed. We use this data for statistical purposes and to optimize the content and structure of the newsletter. This allows us to better align the information and offers in our newsletter with the individual interests of the recipients. The tracking pixel is deleted when you delete the newsletter.
In order to prevent the use of the web beacon in our newsletters, to the extent not already the case by default, please set your email programme so that no HTML is displayed in messages. On the following pages, you will find explanations on how to activate this setting for the most common email programmes.
Our newsletters include advertising and/or marketing content. Thus, with your subscription to our newsletters on positioner.com, you consent to the processing by us of the above mentioned personal data provided by you for marketing purposes, such as sending emails with advertising or marketing content (newsletters), sending event invitations, and providing customer-specific advertising.
We may contract third parties for the technical handling of our marketing activities and may disclose your data to such third parties for this purpose (see Section 5 "Disclosure of data to third parties").
Your email address will be used for sending to you our newsletter (which may include advertising/marketing purposes) until you withdraw your consent. You may withdraw your consent and unsubscribe from all marketing communications at any time either by contacting us (see Section 11 "Contact") or by unsubscribing through the unsubscribe link at the end of each respective newsletter.
We have concluded an agreement with Campaign Monitor and implement the strict provisions of GDPR in full when using Campaign Monitor.
1.4 Job applications
When you submit your application for a job at Positioner we process the personal data you provide us for the purpose of examining your job application. In particular, we process your personal data in order to check your suitability for the job position, to talk to you about any possible employment and, if necessary, to prepare and enter into a contract. The provision of the personal data mentioned is voluntary, but we cannot process an application without the necessary personal data. As a rule, we require the usual information and documents as well as those specified in a job advertisement.
If you apply for a job with us, we process your personal data with a view to a possible contract. We additionally regard your application as consent.
In the event that we enter into an employment agreement, the personal data you have provided will be included in your employee file and the personal data will be processed accordingly. Otherwise, we shall return to you the documents provided or delete them. With your consent, we may keep your application pending even if we - or you - decide not to take up employment, with a view to a possible future employment.
1.5 Contractual relationship with Positioner
In the event that you enter into a contractual relationship with us with the purpose of enjoying the services provided by Positioner, you will be requested to provide us with your contact details and/or with the contact details of your employee(s) who shall be involved in our contractual relationship. In this respect, Positioner will process the personal data of its clients and their employees for the performance of the contract only and shall not be used for other purposes.
The same applies to the processing of the personal data of Positioner’s suppliers and of their employees.
The processing of personal data by Positioner in the context of the provision of its contractual services shall be regulated separately with the respective contractual counterparty, whereby a specific Data Processing Agreement shall be entered into.
When you access our websites we collect information by means of cookies and tracking.
Cookies are information files that your web browser automatically stores on your computer's hard drive when you visit our website. Cookies neither damage the hard disk of your computer nor do they transmit your personal data to us.
Among other things, cookies help us make your visit on our websites easier, more pleasant and more meaningful.
Most Internet browsers automatically accept cookies. However, you can configure your browser so that no cookies are stored on your computer or that a warning message will always appear when a new cookie arrives.
On the following pages, you will find explanations as to how to configure the processing of cookies in the most common browsers:
- Microsoft Windows Internet Explorer
- Microsoft Windows Internet Explorer Mobile
- Mozilla Firefox
- Google Chrome for Desktop
- Google Chrome for Mobile
- Apple Safari for Desktop
- Apple Safari for Mobile
Please note that deactivating cookies may prevent you from using all the features of our websites.
3. Tracking tools
3.1 General information
For the purpose of needs-oriented design and continuous optimisation of our website, we use the web analysis service of Google Analytics. In this context, pseudonymised usage profiles are created and small text files (“cookies”) are stored on your computer. The information generated by the cookie about your use of this website is transmitted to the server of the provider, stored there, and processed for us. In addition to the data listed under cipher 1, we may receive the following information:
- Navigation path that a visitor takes on the website
- Length of stay on the website or webpage
- Country, region, or city from which the access is made
- End device
- Returning or new user.
The information is used to evaluate the use of the website, to compile reports on website activity, and to provide other services related to website activity and internet usage for purposes of market research and needs-based design of this website. This information may also be transferred to third parties if required by law or if the third parties are contracted for processing the data.
3.2 Google Analytics
These data are sent to servers of Google Inc., a company of the holding company Alphabet Inc., in the US and stored there. As part of this, before this data is sent within EU member states or other states that are party to the agreement on the European Economic Area and Switzerland, the IP address is truncated through this website's IP anonymization ('anonymizeIP'). The anonymized IP address transmitted by your browser in the context of Google Analytics is not consolidated with other data from Google. The entire IP address is sent to a Google server in the US and truncated there only in exceptional cases. In this case, we ensure by contractual means that Google Inc. observes a sufficient level of privacy protection.
The information is used to analyze the use of the websites, to compile reports about website activities and to provide us with further services relating to websites and internet use for the purposes of market research and needs-based design for these websites. This information is also forwarded to third parties where this is required by law or if third parties have been commissioned to process this data. Under the terms of Google Inc., under no circumstances will the IP address be used in connection with other data relating to the user.
Users can prevent Google's collection of the data generated by the cookie that relates to a user's use of the website (including their IP address) and Google's processing of this data by downloading and installing the browser plug-in available via the following link:
As an alternative to the browser plug-in, users can prevent data collection by Google Analytics on the website in future by clicking on this link. By doing so, an opt-out cookie is stored on the user's end device. To delete user cookies (see Section 2 "Cookies" above), the link must be clicked again.
3.3 Google Tag Manager
We also use Google Tag Manager in order to manage cookies and pixels for tracking tools and other tools. The Tag Manager tool itself is a cookie-free domain and does not collect any personal data. Instead, the tool triggers other tags that may in turn collect data. If you have performed a deactivation at domain or cookie level, this remains in place for all tracking tags implemented using Google Tag Manager.
3.4 DoubleClick by Google
Our www.positioner.com website further uses DoubleClick by Google, a service provided by Google Inc. to serve ads based on the use of previously visited websites. Google uses the so-called DoubleClick cookie, which enables your browser to be recognized when you visit other websites. The information generated by the cookie about your visit to these websites (including your IP address) will be transmitted to and stored by Google on servers in the US.
3.5 Data protection provisions about the application and use of Google AdSense
On this website, Positioner has integrated Google AdSense. Google AdSense is an online service which allows the placement of advertising on third-party sites. Google AdSense is based on an algorithm that selects advertisements displayed on third-party sites to match with the content of the respective third-party site. Google AdSense allows an interest-based targeting of the Internet user, which is implemented by means of generating individual user profiles. The operating company of Google's AdSense component is Alphabet Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States. The purpose of Google's AdSense component is the integration of advertisements on our website. Google AdSense places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Alphabet Inc. is enabled to analyse the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google AdSense component is integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google AdSense component for the purpose of online advertising and the settlement of commissions to Alphabet Inc. During the course of this technical procedure, the enterprise Alphabet Inc. gains knowledge of personal data, such as the IP address of the data subject, which serves Alphabet Inc., inter alia, to understand the origin of visitors and clicks and subsequently create commission settlements. The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Alphabet Inc. from setting a cookie on the information technology system of the data subject. Additionally, cookies already in use by Alphabet Inc. may be deleted at any time via a web browser or other software programs. Furthermore, Google AdSense also uses so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in web pages to enable a log file recording and a log file analysis through which a statistical analysis may be performed. Based on the embedded tracking pixels, Alphabet Inc. is able to determine if and when a website was opened by a data subject, and which links were clicked on by the data subject. Tracking pixels serve, inter alia, to analyse the flow of visitors on a website. Through Google AdSense, personal data and information—which also includes the IP address, and is necessary for the collection and accounting of the displayed advertisements—is transmitted to Alphabet Inc. in the United States of America. These personal data will be stored and processed in the United States of America. The Alphabet Inc. may disclose the collected personal data through this technical procedure to third parties. Google AdSense is further explained under the following link https://www.google.com/intl/en/adsense/start/.
3.6 Data protection provisions about the application and use of Google Remarketing
On this website, Positioner has integrated Google Remarketing services. Google Remarketing is a feature of Google AdWords, which allows an enterprise to display advertising to Internet users who have previously resided on the enterprise's Internet site. The integration of Google Remarketing therefore allows an enterprise to create user-based advertising and thus shows relevant advertisements to interested Internet users. The operating company of the Google Remarketing services is the Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States. The purpose of Google Remarketing is the insertion of interest-relevant advertising. Google Remarketing allows us to display ads on the Google network or on other websites, which are based on individual needs and matched to the interests of Internet users. Google Remarketing sets a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google enables a recognition of the visitor of our website if he calls up consecutive web pages, which are also a member of the Google advertising network. With each call-up to an Internet site on which the service has been integrated by Google Remarketing, the web browser of the data subject identifies automatically with Google. During the course of this technical procedure, Google receives personal information, such as the IP address or the surfing behaviour of the user, which Google uses, inter alia, for the insertion of interest relevant advertising. The cookie is used to store personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, personal data, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties. The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google may be deleted at any time via a web browser or other software programs. In addition, the data subject has the possibility of objecting to the interest-based advertising by Google. For this purpose, the data subject must call up the link to www.google.de/settings/ads and make the desired settings on each Internet browser used by the data subject. Further information and the actual data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.
3.7 Data protection provisions about the application and use of Google-AdWords
On this website, Positioner has integrated Google AdWords. Google AdWords is a service for Internet advertising that allows the advertiser to place ads in Google search engine results and the Google advertising network. Google AdWords allows an advertiser to pre-define specific keywords with the help of which an ad on Google's search results only then displayed, when the user utilizes the search engine to retrieve a keyword-relevant search result. In the Google Advertising Network, the ads are distributed on relevant web pages using an automatic algorithm, taking into account the previously defined keywords. The operating company of Google AdWords is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES. The purpose of Google AdWords is the promotion of our website by the inclusion of relevant advertising on the websites of third parties and in the search engine results of the search engine Google and an insertion of third-party advertising on our website. If a data subject reaches our website via a Google ad, a conversion cookie is filed on the information technology system of the data subject through Google. The definition of cookies is explained above. A conversion cookie loses its validity after 30 days and is not used to identify the data subject. If the cookie has not expired, the conversion cookie is used to check whether certain sub-pages, e.g, the shopping cart from an online shop system, were called up on our website. Through the conversion cookie, both Google and the controller can understand whether a person who reached an AdWords ad on our website generated sales, that is, executed or canceled a sale of goods. The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are used in order to determine the total number of users who have been served through AdWords ads to ascertain the success or failure of each AdWords ad and to optimize our AdWords ads in the future. Neither our company nor other Google AdWords advertisers receive information from Google that could identify the data subject. The conversion cookie stores personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, personal data, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties. The data subject may, at any time, prevent the setting of cookies by our website, as stated above, by means of a corresponding setting of the Internet browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the information technology system of the data subject. In addition, a cookie set by Google AdWords may be deleted at any time via the Internet browser or other software programs. The data subject has a possibility of objecting to the interest based advertisement of Google. Therefore, the data subject must access from each of the browsers in use the link www.google.de/settings/ads and set the desired settings. Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.
3.8 Typekit (Adobe)
Typekit is a typeface visualization service provided by Adobe Systems Incorporated that allows this Website to incorporate content of this kind on its pages.
4. Links to our social media presence
On our positioner.com website, we have incorporated links to our social media profiles on the following social networks:
- LinkedIn Corp., 1000 W. Maude Avenue, Sunnyvale, CA 94085, USA;
- Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA
If you click on the relevant social network icons, you will be automatically redirected to our profile on the relevant social network. In order to use the functions of the relevant network there, you must partially log in to your user account for the relevant network.
When you open a link to one of our social media profiles, a direct connection is established between your browser and the server of the relevant social network. This gives the network the information that you have visited our website with your IP address and accessed the link. If you access a link to a network while logged in to your account on the relevant network, the contents of our page may be linked to your profile in the network, which means that the net-work can link your visit to our website directly to your user account. If you want to prevent this, you should log out before clicking on the relevant links. An assignment takes place in any case, if you log into the relevant network after clicking on the link.
For more information about the purpose and scope of the data collection and further data processing by the above social media networks and your respective rights and data protection options, please see their respective privacy policies.
5. Disclosure of data to third parties
We will only transfer your personal data to third parties, if this is necessary to perform a contract (in the event that you entered into a contractual relationship with Positioner), if you have given your express consent, if there is a legal obligation to do so, or if it is necessary for the enforcement of our rights, in particular to assert claims arising out of the contractual relationship.
In addition, we will transfer your data to third parties as far as it is necessary for the use of the websites, the processing of your contact requests, the sending of newsletters (which may include marketing communications), and the analysis of your user behaviour. The use of the data forwarded for these purposes by third parties is strictly limited to the stated purposes.
6. Transmission of personal data abroad
Any such third-party companies are obliged to protect the privacy of individuals to the same extent as we do. If the level of data protection in a country does not correspond to the Swiss or European level, we shall ensure by contract that the protection of your personal data corresponds at all times to that in Switzerland or the EU.
We are currently relying on the services of contracted service providers with registered office in Switzerland, EU, Finland, Australia, USA. Moreover, in the context of our contractual relationship with our clients, there will be an information flow with the respective client which implicates the transfer of personal data to the country where the client is located.
7. Note on data transfers to the US
For the sake of completeness, we note that, as part of US legislation, US authorities are able to take surveillance measures, under which the access to data sent from the European Union or Switzerland to the US is possible. It is controversial whether such access right of the US authorities is compliant with the European and Swiss conception of fundamental rights and of privacy protection.
We do not have the possibility to limit such access rights and to influence the legal remedies available to you in the USA. Nevertheless, we are closely monitoring the evolution of the situation and of the legal framework and we will take the appropriate contractual, organizational and technical measures in order to comply with the requirements set forth by the European and Swiss data protection regulations. To the extent that a data protection framework is in place between the European Union and USA (respectively between Switzerland and USA), we will rely, if feasible, on services of US-companies which are registered/certified under such framework.
In any case, please be aware that we are not in the position to guarantee that the US-authorities will comply with the European and Swiss data protection standard with respect to your personal data.
8. Right to information, deletion and correction
You have the right to obtain information on the personal data that we store about you on request at any time.
In addition, you have the right to ask us to correct inaccurate data and to ask us to delete your personal data (including the data you provide us in the context of a job application), as long as there is no legal retention duty that requires us or legal basis that allows us to further process such data.
We note that in the case of deletion of your data, the full use of our websites may no longer be possible or not possible to the full extent.
You can withdraw your consent to certain data processing at any time with effect for the future.
You also have the right to demand the release of the data you have given us (right to data portability). On request, we will also forward the data to a third party of your choice. You have the right to receive the data in a common file format.
For the aforementioned purposes, you can contact us via the email address [email protected]. We may, at our discretion, require proof of identity to process your request.
This does not affect your right to complain to a data protection authority at any time.
9. Data retention
We only store personal data for as long as necessary to:
- provide you with services that you have requested or for purposes as to which you have given your consent,
- enable the above-mentioned tracking, advertising and analysis services within the scope of our legitimate interests.
Please note that legal retention periods may apply for certain data. Such data must be stored by us until the end of the retention period. We block any such data in our system and use them exclusively to comply with our legal obligations.
10. Data security
We take appropriate technical and organizational security measures to protect your data against accidental or deliberate tampering, loss, destruction or unauthorized access by third parties (e.g. access restrictions, encryption techniques, etc.).
If you have any questions regarding data protection, if you would like to receive information or if you would like to request the deletion of your personal data, please contact us by email at [email protected]
Alternatively, you can write to:
Positioner SA, Lugano
Via Stazione 32
6592 S. Antonino
Last update: 1 September 2023