Privacy Policy

Table of contents

  1. Introduction
  2. Personal data and data that we collect
  3. Purposes of data collection
  4. Collection of personal data from other sources
  5. Sharing personal data
  6. Transmitting personal data internationally
  7. Processing sensitive data
  8. Organizational measures
  9. Technical measures
  10. Your rights
  11. Storage of your personal data
  12. Changes to this Privacy Policy
  13. Contact information

 

  1. Introduction

LINK Marketing Services AG, Spannortstrasse 7 /9, 6002 Lucerne 2, Commercial Reg. no. CH-100.3.007.849-9 is responsible for processing the personal data we collect about you as part of the market research activity you are participating in.

We process your data in accordance with the European General Data Protection Regulation (EU GDPR), where applicable, and with other relevant legal provisions, in particular the Swiss Data Protection Act (DSG) and the accompanying Ordinance (VDSG).

We have committed ourselves to the internationally recognized code of market and social research (ESOMAR: www.esomar.org) as well as to the professional ethical standards and guidelines of Swiss Insights (Swiss Data Insights Association: www.swiss-insights.ch).

As part of our activities, we collect and collate data from you to provide companies and public authorities with statistical decision-making aids. The goal of market, social and opinion research is to observe, measure and describe behavior, attitudes, opinions, etc. It is not about your data as an individual, but rather the mean data of a group of people. Your data can be collected in a number of ways (online, by phone, in writing or in person by an interviewer or using a measuring device).

Your data will not be used for the purpose of automated decision-making or profiling.

 

  1. Personal data and data that we collect

Personal data is information which can be used directly or indirectly to identify you as a person. By “indirectly” we mean in combination with other information. Examples of personal data include your name, postal address, email address and telephone number or a unique device identifier.

 

  1. Purposes of data collection

We use your personal data for the purposes described below and subject to your consent. We collect and process personal data only to the extent that this is necessary to fulfill the relevant purposes. We only use personal data as outlined in this Privacy Policy, unless you have expressly consented to other use of your personal data. In the event that we intend to use your personal data, which we process with your consent, for any purpose other than those outlined in the consent form, we will contact you prior to doing so to obtain your consent and we will only use your personal data with your permission in instances where processing is subject to your consent.

This Privacy Policy applies to the use of our website https://www.link.ch in general, as well as to the use of our panel website https://research.link.ch (“Portal”) and to surveys that we invite you to participate in.

Registration data and direct communication

For many of our services we collect personal data such as your name and email address. We use your registration data/master data to communicate with you about our services and to inform you of our policies and terms.

Survey data

As part of our surveys, we collect a range of data that can be used as the basis for statistical decision-making aids. The goal is to analyze behavior, opinions, and attitudes. This involves interpreting the anonymized data of a group of people rather than your own personal data.

Legal obligations and legal defense

Under certain circumstances, we may be required to use and store personal data for legal reasons – to prevent, identify or investigate a criminal offense, or to prevent any loss, fraud or any other misuse of our services and IT systems, for example. We may also use your personal data to comply with our internal and external audit requirements or for data security purposes, or to protect our rights, data security, safety, property, or the rights of other persons.

Third-party websites: Our Portal may contain links to websites not affiliated with LINK and which are not operated, controlled or administered by us. The policies and practices outlined herein do not apply to these websites. We are not responsible for the security or privacy of information collected by third parties. We recommend that you contact the operators of these websites directly to obtain information on their data protection policies.

 

  1. Collection of personal data from other sources

We may also collect personal data related to panelists’ exposure to advertisements and relevant media content from other sources, such as advertising networks, social media platforms, and website and mobile app operators. In such cases, we will first obtain your consent for data collection and will inform you of the sources from which we are collecting your personal data. We use this secondary data to supplement the data we collect from panelists as part of their participation in the panel in order to provide our clients with greater insights.

If we collect personal data about you from other sources, we will either ensure that the source has already informed you of the transmission of data in advance, or we will inform you that we have received your personal data and provide you with any information as required by law.

 

  1. Sharing personal data

We only share your personal data for the purposes outlined below and only with the third parties mentioned below, unless you have otherwise expressly consented to the transmission of personal data to other categories of third parties. LINK will take all reasonable steps to ensure that your personal data is processed, secured, and transferred in accordance with all relevant legal provisions.

Internally within LINK and its affiliated companies

LINK is comprised of several companies in Switzerland, all of which LINK Marketing Services AG in Switzerland holds a majority share in. Your personal data may be shared with one or more of the companies affiliated with the LINK Group where this is necessary for the purposes of data processing and storage, or to provide you with access to our services, to provide support, to make decisions about improvements to our service or content development, or for other purposes outlined in Section 3 of this Privacy Policy. We will not disclose personal data to third parties who are not part of the LINK Group unless you have provided your prior express consent for this specific purpose.

External service providers

Where necessary, we engage the services of other companies and individuals with whom we have entered into processing agreements to perform certain tasks that assist in the provision of our services. For example, we may share personal data with representatives, contract partners or vendors who manage our databases and applications for the purpose of providing data processing services or transmitting the information you have requested. Or we may share the data with call centers for the purpose of providing support services or conducting surveys in connection with market research projects. We only share this data with external service providers or allow them access to the data to the extent that this is necessary for the relevant purpose. The external service providers may not use this data for any other purposes, in particular, they may not use it for their own purposes or the purposes of third parties. LINK’s external service providers are contractually obligated to maintain confidentiality with regard to your personal data.

Business Transfers

Within the context of start-ups, restructuring, mergers or divestitures, or other transfers of business assets (collectively “Business Transfers”), we transmit data, including personal data, to the extent that this is reasonable and necessary for the Business Transfer and provided that the receiving party agrees to treat your personal data in a manner that complies with the relevant data protection law. We will ensure that any personal data remains confidential at all times and will inform affected panelists before their personal data is subjected to any other Privacy Policy.

Public authorities

We share your personal data with public authorities only when we are legally required to do so. For example, LINK will respond to requests by courts, law enforcement agencies, regulatory bodies, and other public and government authorities, which may include such authorities outside of your country of residence.

 

  1. International transmission of personal data

Under certain circumstances, it may also be necessary for LINK to transfer your personal data to countries outside of Switzerland, the European Union (EU), or the European Economic Area (EEA), to so-called “third countries”. Such transmissions to third countries may include any of the processing activities outlined in Section 3 of this Privacy Policy. This Privacy Policy also applies when we transmit personal data to third countries where the data protection standards differ from those in your country of residence. An international transmission of data concerns the following scenarios in particular:

Other third countries outside the European Union (EU) and the European Economic Area (EEA)

All transmissions of personal data to third parties outside the LINK Group will only be carried out with your knowledge and, where applicable, with your prior consent. All transmissions of personal data to countries for which an adequacy decision regarding the level of protection has not yet been adopted by the European Commission – as set out under http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm – will be based on contractual agreements which include the standard contractual clauses established by the European Commission or other safeguards that comply with the relevant laws.

 

  1. Processing sensitive data

Under certain circumstances, we may process special categories of personal data/particularly sensitive personal data (“sensitive data”). Sensitive data is personal data concerning your race or ethnicity, political opinions, religious or philosophical beliefs, trade-union membership, as well as genetic data, biometric data processed solely to identify a natural person, health-related data or data concerning a person’s sex life or sexual orientation. We may, for example, process sensitive data which you have made public. We may also process sensitive data when this is necessary to establish, exercise or defend a legal claim. In addition, we may process sensitive data if you have provided voluntary, express and separate prior consent to such processing for a specific purpose and in a specific context, e.g. as part of your participation in the Panel.

 

  1. Organizational measures

LINK takes data security very seriously. We take all necessary physical, electronic, and administrative security measures to protect the data we collect, including personal data, from accidental or unlawful destruction, loss, alteration and unlawful disclosure, and to prevent unauthorized access to personal data while it is being transmitted, stored, or otherwise processed. Our information security policies and procedures are based on generally recognized international standards. They are revised and updated regularly as necessary to respond to our business needs, technological changes, and regulatory standards. Access to your personal data will only be granted to those employees, service providers, or LINK partners who require such access to fulfill a business objective or to carry out their duties.

Our employees are contractually obligated to comply with the following laws and industry standards:

  • DSG/VDSG
  • Swiss Insights’ professional ethical standards and guidelines (Swiss Market and Social Research Association www.swiss-insights.ch)
  • Internationally recognized code of market and social research (ESOMAR: www.esomar.org)
  • Employee Privacy Policy

In the event of a data breach that involves personal data, LINK will comply with all relevant laws regarding its notification obligation in the case of a personal data breach.

 

  1. Technical measures

Our databases are stored in secured facilities.

Personal data and survey data are stored separately.

Personal data can only be accessed by authorized LINK specialists.

Clients do not have access to personal data.

 

  1. Your rights

As a data subject, you have certain rights regarding your personal data that we process. This applies to all processing activities set out in Section 3 of this Privacy Policy. LINK respects your individual rights and will respond to your requests accordingly.

Below you will find information regarding your rights under the relevant data protection laws:

The right to withdraw consent: If the processing of personal data is based on your consent, you have the right to withdraw this consent at any time by following the procedure outlined in the relevant consent form. We will ensure that consent can be withdrawn using the same method by which it was obtained, e.g. electronically. Please note that if you withdraw your consent as a panelist, you will generally also end your participation in the relevant project and will no longer be entitled to any compensation, participation incentives, reimbursement, or bonuses that LINK may offer to panelists.

Right to rectification: You have the right to request that we rectify inaccurate personal data that concerns you. We take all reasonable efforts to ensure that personal data which is in our possession or under our control and is used on an ongoing basis is kept accurate, complete, up-to-date, and relevant based on the most current information available to us. In certain instances, we provide internet portals that allow users to check and rectify their personal data themselves.

Right to restriction of processing: You may request that we restrict the processing of your personal data if:

o you contest the accuracy of your personal data while we verify the accuracy of the data;

o the processing is unlawful, and you request restriction of processing rather than erasure of your personal data;

o we no longer need your personal data, but you require the data for the establishment, exercise, or defense of legal claim, or

o you object to processing pending verification of whether our legitimate interest override yours.

Right of access: You have the right to request information from us regarding your personal data that we process. This includes information about the categories of personal data that we hold or control, the purpose for which we use it, the source of the personal data if the data was not collected directly from you, and if applicable, to whom the data has been disclosed. You have the right to request a free copy of your personal data that we hold from us. We reserve the right to charge a reasonable fee for any further copies you may request.

Right to data portability: Upon request, we will transmit your personal data to another controller where this is technically feasible and provided that the processing is based on your consent or is necessary for the performance of a contract. Instead of receiving a copy of your personal data, you have the right to request that your personal data is transmitted directly to a data controller of your choice.

Right to erasure: You have the right to request that we erase your personal data if:

o your personal data is no longer required for the purposes for which it was collected or otherwise processed;

o you have the right to object to the further processing of your personal data (see below) and exercise this right to object to the processing;

o the processing is based on your consent, you have withdrawn your consent and there is no legal basis for the processing;

o your personal data has been processed in an unlawful manner;

unless such processing is necessary:

o to comply with a legal obligation which requires us to process the data;

o to comply with legal data retention obligations;

o for the establishment, exercise or defense of legal claims.

Right to object: You have the right to object at any time to the processing of your personal data on grounds relating to your particular situation, provided the processing is not based on your consent but on our legitimate interests or the legitimate interests of third parties. In such instances, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for processing, which override your interests, rights, and freedoms, or for the establishment, exercise, or defense of legal claims. If you object to the processing, please indicate whether you would like us to erase your personal data or restrict processing of the data.

Right to lodge a complaint: In the event of an apparent breach of the relevant data protection regulations, you have the right to lodge a complaint with the competent data protection supervisory authority in your country of residence.

Please note:

Processing time: We will make every effort to comply with your request within 30 days. However, the turnaround time may be longer for certain reasons related to the relevant law or the complexity of your request. If this is the case, we will inform you accordingly.

Restriction of access: In certain instances, due to legal provisions, we may not be able to grant you access to your personal data, or we may only be able to grant limited access. If we should deny your request for access, we will inform you of the reasons for this.

No identification: In certain instances, we may not be able to locate your personal data based on the information you provided in your request. Below are two examples of personal data that we may not be able to locate if you have only provided us with your name and email address:

o Data collected via browser cookies, unless you have consented to the use of cookies for market research purposes as a member of the LINK panels and are still a member of that same Panel at the time of your request;

o Data collected from public social media sites where you posted your comment using your username or nickname.

In such instances where we are unable to identify you as a data subject, we will not be able to comply with the exercising of your rights as set out in this clause unless you provide us with additional information that makes it possible for us to identify you.

Exercising your rights: To exercise your rights, please contact our data protection officer, e.g. by email or mail. The contact information can be found at the end of this Privacy Policy.

 

  1. Storage of your personal data

As a general rule, we erase the personal data we have collected from you as soon as we no longer require it to fulfill the purpose for which it was originally collected (generally 2 years). However, under certain circumstances we may be required by law to retain your personal data for a longer period of time.

Furthermore, we do not automatically erase your personal data when you request that we do not contact you again in the future. To comply with your request, LINK maintains records that include information regarding individuals who do not wish to be contacted again in future (e.g. in the form of email newsletters or recruitment campaigns for market research projects). We treat your request in this regard as consent to store your personal data for the purpose of maintaining such records unless you provide instructions to the contrary.

 

  1. Changes to this Privacy Policy

We reserve the right to change our data protection practices at our discretion and to update or change this Privacy Policy at any time. This Privacy Policy is valid as of the “last updated” date specified above. We will handle your personal data in accordance with the Privacy Policy under which it was collected unless you have consented to an updated Privacy Policy or to your personal data being handled in another manner.

 

  1. Contact information

For any questions regarding data protection or to exercise your rights, please contact:

Email: privacy@link.ch

Tel: +41 41 367 72 88

Mailing address: LINK Marketing Services AG

Mr. Andreas Stübi

Spannortstrasse 7 /9

6002 Lucerne 2

For data subjected in the EU area, please contact our representative in the EU:

e-comtrust international ag, Bremen branch office

EU data protection representative

Achterdiek 28b

D-28359 Bremen

Tel: +49 (0) 421 849 198 00

www.eu-datenschutz-vertreter.ch

info@datenschutz-vertreter.ch

Last updated: January 14, 2019