Privacy Policy for Using the SwyxON Portal

I. INFORMATION ON THE COLLECTION OF PERSONAL DATA THROUGH THE PORTAL WEBSITE

Below, we provide information on the collection of personal data when using the portal website. 'Personal data' means any data that can be related to you personally, such as name, address, e-mail addresses or user behavior.

Within the meaning of Article 4(7) EU General Data Protection Regulation (GDPR), the controller for this website is Swyx Solutions GmbH, Emil-Figge-Str. 86, 44227 Dortmund, office@swyx.com (see Legal Notices). You can contact our Data Protection Officer by e-mail at datenschutz@swyx.com or by writing to our mailing address ‘attn. Data Protection Officer’.

When you contact us by e-mail or using a contact form, the data you provide (your e-mail address, and if applicable your name and your telephone number) will be stored by us in order to answer your questions. We will delete the data collected in this context after its storage is no longer required, or we will restrict its processing if we are required by law to retain it.

In case we engage contracted service providers for individual functions of our offer, or we would like to use your data for advertising purposes, we will inform you in detail below about the respective processes. We will also specify the defined criteria for the storage periods.

1. YOUR RIGHTS

In your dealings with us, you have the following rights concerning your personal data:

  • Right of access;
  • Right to rectification or erasure;
  • Right to restrict processing;
  • Right to object to processing;
  • Right of data portability.

You also have the right to lodge a complaint with a data protection supervisory authority concerning our processing of your personal data.

2. COLLECTION OF PERSONAL DATA WHEN VISITING THE PORTAL WEBSITE

If you use the website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to guarantee stability and security (legal basis is Article 6(1)(f) GDPR):

  • IP address
  • Date and time of the request
  • Time zone difference to Greenwich Mean Time (GMT)
  • Contents of the request (specific page)
  • Request status/HTTP status code
  • The amount of data transmitted
  • The referring website
  • Browser
  • Operating system and interface
  • Language and version of the browser software.

In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard disk in association with the browser you’re using and by means of which the party who sets the cookie (in this case, us), transmits certain information. Cookies cannot run programs or deliver viruses to your computer. They serve to make our site more user-friendly and effective.

Use of cookies: This website uses the following types of cookies, the scope and functionality of which are explained below:

  • Transient cookies
  • Persistent cookies

Transient cookies are automatically deleted when you close the browser. This includes session cookies in particular. These store a ‘session ID’, with which various requests from your browser can be assigned to the common session. This allows your computer to be recognized again when you return to the site. Session cookies are deleted when you log out or close the browser.

Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie in question. You can delete the cookies at any time using your browser’s security settings.

You can configure your browser settings as desired and reject third-party cookies or cookies in general, for example. However, please note that if you do so, you may not be able to experience full functionality of this website.

We use cookies to be able to identify you when you visit again, for example if you have an account with us. Without cookies, you would have to log in again for each visit.

The Flash cookies used are not recorded by your browser, but by your Flash plug-in. We also use HTML5 storage objects that are stored on your device. These objects store the required data independently of the browser you use and do not have an automatic expiry date. If you do not wish to use Flash cookies, you must install an appropriate add-on for your browser. You can prevent the use of HTML5 storage objects by using private mode in your browser. We also recommend that you regularly clear your cookies and your browser history manually.

3. OBJECTION TO OR WITHDRAWING CONSENT TO THE PROCESSING OF YOUR DATA

If you have given your consent to the processing of your data, you can withdraw this at any time. If you exercise this right, this will affect our ability to process your personal data after you communicate your withdrawal to us or the respective Swyx sales partner.

Insofar as we, or the respective sales partner, base the processing of your personal data on the balance of interests, you may object to the processing. This is the case if the processing is not necessary in particular for the performance of a contract with you. When exercising such objection, we ask you to explain the reasons why we should not process your personal data as we have done. Where you provide reasons for your objection, we will examine the situation and either stop or adjust data processing or point out to you our compelling reasons worthy of protection, on the basis of which we will continue processing.

II. OTHER FEATURES OF THE PORTAL

In addition to purely informational use, the website also offers different services in the context of SwyxON administration after you have logged in. For this purpose, you must generally provide further personal data which we, or the respective Swyx sales partner, use to provide the respective service and to which the aforementioned data processing principles apply.

1. INFORMATION ON THE COLLECTION AND PROCESSING OF PERSONAL DATA THROUGH THE USE OF SWYXON ADMINISTRATION

a.) Portal users

The SwyxON portal is available to two groups of users:
(1)    Swyx partners: Qualified Swyx sales partners who have signed a partner contract with Swyx and who thus participate in the Swyx Partner Program.
(2)    End customers: Customers of a sales partner who purchase products or Swyx services for their own use, but not for resale.

b.) Use of the portal

(1)    If you wish to use our portal, you must log in with the log-in information (user name and password) provided to you. Initially you will receive a one-time password, which you must change the first time you log in. As a partner, you will receive this information after signing a partner contract, as an end customer after signing a contract with your Swyx sales partner.
(2)    If you use our portal, we store the data required in this respect until you finally delete your account. Furthermore, we will store the optional data provided by you for the duration of your use of the portal, unless you delete it prior to this. You can manage and change all information in the protected customer area. The legal basis for this is Article 6(1)(f) GDPR.
(3)    If you use the portal, your data may be made accessible to other portal users depending on the contractual services.
(4)    To prevent unauthorized access to your personal data, the connection is encrypted using TLS technology.

c.) Collection and storage of personal data as well as the type and purpose of use

(1)    We collect the following personal data when you use the portal as a Swyx partner or as an end customer:

  • Contact information
  • If applicable, identification and payment data
  • If applicable, transaction data
  • If applicable, additional information necessary for the customer or partner relationship
  • Traffic data for end customers
  • If applicable, further personal data entered or transmitted by the end customer or personal data of the end customer transmitted by the controller to the processor.

(2)    Without limitation, we process this personal data in accordance with:

  1. Article 6(1)(a) on the basis of your consent, whereby in principle no consent is required for the conclusion of a contract or the continuation of an existing contract,
  2. Article 6(1)(b) for the establishment, performance and termination of a contractual relationship,
  3. Article 6(1)(c) for the fulfillment of a legal obligation,
  4. Article 6(1)(f) for the protection of a legitimate interest.

(3)    This data is collected for the following purposes:

  • Performance of a contract
  • Correspondence
  • Billing
  • Customer service
  • Quality management

(4)    In addition, Swyx and/or Swyx partners have a legitimate interest in:

  • safeguarding our business interests
  • ensuring compliance with security regulations, requirements, industry standards and contractual obligations,
  • establishing, exercising or defending legal claims,
  • preventing damage and/or liability on the part of the company through appropriate measures.

d.) Erasure of data

The personal data collected for the aforementioned purposes will be erased from the portal after storage is no longer required, unless Swyx or the Swyx partner is obliged by law to store the data for a longer period or you have consented to further storage in accordance with Article 6(1)(a) GDPR.

e.) Sharing data with third parties

In connection with the purposes referred to above, we share personal data provided to us with third parties with whom we cooperate on the basis of contract data processing agreements. The data that we share may be used by the third party exclusively for the purposes mentioned. If the registered office of a third party is outside the European Union or the European Economic Area, this is considered a transfer to a third country. Data will only be transferred to a third country if an adequate level of data protection is guaranteed or if one of the exceptions listed in Article 49 GDPR applies. An adequate level of data protection can be ensured by entering into a contractual agreement for establishing an adequate level of data protection with the third parties containing provisions equivalent to the statutory requirements and by agreeing to appropriate guarantees.