The security and protection of your Personal Data is a priority of ProMailNet Sàrl, registered under identification number CHE-132.781.170, with registered offices Avenue du Casino 32, 1820 Montreux, Switzerland (the “Company”), operating the Website, and the Application.

The Company is collecting Personal Data from the Users and/or Visitors browsing the Website and/or using the Application.

This Privacy Notice aims to protect the privacy of the Visitors and/or Users when their Personal Data is being Processed by the Company and while they are browsing the Website and/or Application. This Privacy Notice is applicable to all Visitors and/or Users of the Website and/or Application. This Privacy Notice should be read in conjunction with the Terms applicable to the Website and/or Application.

The Company uses privacy by default standards and undertakes to store and Process the Personal Data of the Visitors and/or Users in a secured manner and with all appropriate care and attention in accordance with all the Applicable Laws as stated in Appendix A, especially the Swiss Federal Act on Data Protection (FADP).

1. DEFINITIONS

The definitions available in Appendix A to this Privacy Notice are applicable to the capitalized terms of this Privacy Notice.

Capitalized terms not defined in this Privacy Notice have the meanings set forth in the Terms.

2. SCOPE

The Company provides this Privacy Notice to describe its procedures regarding the Processing and Disclosure of Personal Data Collected by the Company. This Privacy Notice shall apply to any use of the Application, the Website and social network accounts, whatever the method or medium used. It details the conditions under which the Company may Collect, keep, use, Process and save information that relates to the Users.

3. ACCEPTANCE

By browsing the Website and/or using the Application, the User and/or the Visitor acknowledges that he/she has read and understood this Privacy Notice and agrees to be bound by it and to comply with all Applicable Laws.

Before accessing and/or continuing to use the Website and/or Application, the User and/or the Visitor shall first read and understand the terms of this Privacy Notice and any amended versions to this Privacy Notice.

IN THE EVENT OF NON-ACCEPTANCE OF THIS PRIVACY NOTICE, ALL USE OF THE WEBSITE AND/OR APPLICATION MUST CEASE IMMEDIATELY.

4. PROCESSING PRINCIPLES

• Fairness and lawfulness: When Processing Personal Data, the individual rights of the data subjects will be protected. Personal Data will be Collected and Processed lawfully, in a fair manner, in good faith and will be proportionate to the objective.


• Restriction to a specific purpose: Personal Data Processed by the Company will be adequate and relevant to the purpose for which they are Collected and Processed. This requires, in particular, ensuring that the types of Personal Data Collected are not excessive to the purpose for which they are Collected. Subsequent changes to the purpose are only possible to a limited extent and require substantiation.


• Transparency: The data subject is informed of how his/her/its Personal Data is being Processed. This Privacy Notice informs the data subject of:
  • the existence of this Privacy Notice;
  • the identity of the Data Controller;
  • the purpose of Personal Data Processing;
  • how, where and by whom the Personal data is being Processed; and
  • third parties to whom the Personal data might be transmitted.


• Accuracy: Personal Data kept on file will be correct and if necessary, be kept up to date. Inaccurate or incomplete Personal Data will not be kept on file and deleted.

5. COLLECTED DATA

This Privacy Notice applies to all information which is received during the use of the Website and/or the Application by the Visitor and/or the User.

• 5.1. Use of the Website without contacting the Company: While browsing the Website, the Company may collect information such as the IP address of the Visitor, the length of time he/she spends on the Website, the browsing history, the device used and other such general information (the “Cookies Data”), in accordance with the Cookies Policy.


• 5.2. Use of the Website and/or Application with contacting the Company: The Visitor may contact the Company through the Website by filling in the contact form. The User may contact the Company through the Application, filling the contact form. This implies that the Visitor and/or User grants the Company the following Personal Data:
  • Mandatory Personal Data: First name; Last name; Email address; His/her/its question or message to the Company.
  • Optional Personal Data: Any other Personal Data shared by the Visitor in the contact form.


• 5.3. Application Data: The Application, operated by the Company, serves as an online platform that facilitates work organization, the storage of data and exchange of information within a company. Users will have to register and create their profile to get access to the Account of their organization on the Application to:
  • upload Content on the Account’s digital storage place (“myDrive”);
  • create and/or participate in Groups of Users to exchange their Contents and/or send messages;
  • access their external email accounts and any personal domains which Users own;
  • use any services provided on the Application.
  
  The Company will Collect Personal Data concerning the User, primarily comprising, but not limited to, the following:
  • first name; last name; username; profile picture (optional); email address; password; Any other relevant information which have been shared by the User or captured/obtained whilst registering.
  • the Content shared on the Account; the Groups created; the Groups in which the User is a participant; all the discussions, comments, interactions that You have on the Account and the Application either with other Users, or with the Company; the account storage space information; the number of visits, time spent on, and your general use of the Application; the external email address and password of the accounts and/or the personal domain names that the User connects to its account on the Application and all related Personal Data; all other internal documentation of the User; and any other relevant information which may have been captured/obtained while usage of the Application.


• 5.4. Payment Data: When subscribing to the Company's services, such as buying additional storage space in the Application, the Company Collects the following Personal Data:
  • The PayPal account information (username) used by the Organization.
  • Credit card information (type, number, holder name, expiration date, CVC) if permitted and used.
  
  All payments will be handled solely by the Payment Provider, namely PayPal. The Company does not hold funds, neither Collects any other payment-related Personal Data, in connection with any transaction. The general conditions and the privacy notice of the Payment Provider are solely applicable.

6. USE OF COLLECTED DATA

The Company Collects and Processes Personal Data for legitimate interests, contract performance, and with User consent. This includes monitoring for security, providing services, responding to inquiries, and improving the Website and Application.

7. DATA DISCLOSURE

The Company may disclose User’s Personal Data to affiliated companies, IT Service Providers, hosting providers, and public or regulatory authorities as required. Data may be transferred outside the User’s country of residence, with appropriate safeguards.

8. RETENTION OF USER’S PERSONAL DATA

The Company will use User’s Personal Data for as long as necessary to satisfy the purposes for which it was Collected and/or to comply with applicable legal requirements.

9. SECURITY OF USER’S PERSONAL DATA

The Company applies high industry standards and will always apply adequate technical and organizational measures, in accordance with Applicable Laws to ensure that Visitors’ and/or User’s Personal Data is kept secure. In the event of a Breach, the Company shall notify the appropriate authorities and Users as required by law.

10. PRIVACY BY DESIGN AND BY DEFAULT

The Company implements appropriate technical and organizational measures to ensure that, by default, only Personal Data necessary for each specific purpose is Processed.

11. USER’S RIGHTS

Users have the right to access, correct, delete, restrict, or object to the Processing of their Personal Data, and to data portability. These rights can be exercised by contacting the Company at support@mypmn.com with proof of identity.

12. DATA CONTROLLER

The Company is the Data Controller of the User’s Personal Data listed under Article 5 of this Privacy Notice.

13. DATA PROCESSOR

The IT Service Provider is a Data Processor of User’s Personal Data and Processes these Personal Data based on the services agreement concluded between the Company and the IT Service Provider.

14. CHANGES TO THE PRIVACY NOTICE

The Company may modify this Privacy Notice from time to time and will post the most current version on the Website and/or Application. Material changes will be notified to Users.

15. LINKS

The Website may contain links to third party websites or applications. The Company is not responsible for the privacy practices or content of such third parties.

16. JURISDICTION AND GOVERNING LAW

This Privacy Notice and any questions relating thereto shall be governed by the laws of Switzerland. Any dispute must exclusively be brought before the courts of Lausanne, Switzerland.

17. CONTACT

To ask questions or make comments on this Privacy Notice or to make a complaint about the Company’s compliance with Applicable Laws, please contact:

support@mypmn.com

ProMailNet Sàrl

Avenue du Casino 32

1820 Montreux

Switzerland

The User can also complain about the Processing of his/her/its Personal Data to the Office of the Federal Data Protection and Information Commissioner: FDPIC, Feldeggweg 1, 3003 Bern, Switzerland.

APPENDIX A - DEFINITIONS

Applicable Laws: All the applicable laws that may apply to the User or the Company in the context of the use of the Website and/or Application, particularly, within the context of this Privacy Notice, the laws and regulations related to data protection such as Federal Act on Data Protection (RS 235.1) (the “FADP”), the Ordinance on Data Protection (RS 235.11) (the “DPO”) and, where applicable, the General Data Protection Regulation (the “GDPR”).

Account: The account of a company on the Application.

Application: The App “ProMailNet” available on Apple Store and Google Play Store (Android) and the “ProMailNet” web-application.

Breach: A breach of security leading to the accidental or unlawful destruction, loss or alteration of – or to the unauthorized Disclosure of, or access to – Personal Data transmitted, stored or otherwise Processed.

Collect: A systematic approach to gathering and measuring Personal Data from the User to achieve a given result.

Consent: Any freely given, specific, informed and unambiguous indication of which the User, by a statement or by a clear affirmative action, signifies agreement to the Processing of his/her/its Personal Data.

Content: All the content submitted by Users through using the Application.

Cookies: A piece of information that is placed automatically on Visitors’ and/or User’s electronic device’s hard drive when he/she/it accesses the Website or the Application and which is listed in the Cookies Policy.

Data Controller: A natural or legal person, which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data and who is in charge of this Processing.

Data Portability: The right of the User to receive his/her/its Personal Data in a structured, commonly used and machine-readable format and the right to transmit that Personal Data to another Data Controller without hindrance from the Company.

Data Processor: A natural or legal person, public authority, agency or other body which processes personal data on behalf of the Data Controller.

Disclosure: Making Personal Data accessible, for example by permitting access, transmission or publication.

Group(s): A group of Users within an Account on the Application.

IT Service Provider: The natural or legal person who is in charge to developing, operating and maintaining the Website and the Application.

Payment Provider: PayPal.

Personal Data: Data which is deemed to be personal and consists of all the information relating to a person who is either identified or identifiable.

Privacy Notice: This Privacy Notice in its current and subsequent versions.

Process(-ing): Any operation with Personal Data, irrespective of the means applied and the procedure, and in particular the collection, storage, use, revision, disclosure, archiving or destruction of Personal Data.

Recipient: A natural or legal person, public authority, agency or another body, to which the Personal Data is disclosed or made accessible, whether a third party or not.

Standard Contractual Clauses: The standard contractual clauses set out in the Annex of the Commission implementing decision (EU) 2021/914 of 4 June 2021.

Terms: The terms of use of the Website and/or Application, available at https://mypmn.com/tanc.html/ for the Terms.

User(s): Any natural person who uses the Application and gets access to the Account of his/her/its organization.

Visitor(s): Any natural person browsing the Website without registering as a User.

Website: https://mypmn.com/.

We/Us: The Company, ProMailNet Sàrl, acting as the Data Controller.