Privacy Policy
GVAX SA data protection
This data protection statement informs you about how GVAX SA and the websites/brands owned by GVAX SA (by name Nearscreen.com, Sso.nearscreen.com, App.nearscreen.com, Swiss-QR-Bill.app, Kopitz.com, Latinofanzone.com, Copaamerica2024.bet, Copaamerica2024envivo.com, Copaamerica2024.live, Copaamerica2024live.com, Dev.gvax.tv and Gvax.tv), (hereinafter collectively "we", "us", "our", "GVAX"), process your personal data when using our websites, platforms, portals, products, services or mobile applications (hereinafter collectively "offer") and within the framework of a cooperation, to whom we may possibly pass on your data and what rights you have against us in relation to the use of your data.
We may provide you with additional data protection statements if we consider this to be appropriate. These statements supplement this declaration and should be read in conjunction with it.
We will always process your personal data in accordance with the applicable data protection regulations (including the Swiss Data Protection Act "DPA" and, where applicable, the EU General Data Protection Regulation, "GDPR"; hereinafter collectively "applicable data protection law").
"Personal data" is any information that relates to an identified or identifiable natural person or legal entities, to the extent that they are protected by the DPA. This may include, for example, your first and last name, postal address, e-mail address, date of birth, telephone number, as well as data relating to the use of our website, purchases made on our portals and your preferences. These data protection provisions also use the term "your data". Information that cannot be directly or indirectly linked to your person, i.e. your identity, is not in principle personal data.
Processing" means any operation or set of operations that is performed on personal data, whether or not by means of automated processes, such as collecting, recording, organising, structuring, storing, adapting or altering, retrieving, consulting, using, communicating by transmission, disseminating or otherwise making available, combining or interlinking, limiting, erasing or destroying your data.
Please note that third-party websites that can be accessed via our offers have their own data protection statements to inform you how they process your data. We assume no responsibility for the data protection compliance of these third parties and recommend that you consult the relevant statements on the websites of the third parties.
A Who is responsible for processing your data?
GVAX is responsible for the processing of your data that is collected or received in the context of our offers or our cooperation with you or that is processed for other purposes as defined in this data protection declaration.
B How do we collect your data?
We collect your data directly from you or receive it from third parties, e.g. from companies affiliated with us, authorities, consultants, our service providers or publicly available sources.
C Scope, purpose and legal basis for processing your data
We process your data when you use our offers, cooperate with us or otherwise come into contact with us.
In principle, we process your data for the following purposes:
- to execute and fulfil contractual or legal obligations;
- to verify access authorization and manage the user account (if any);
- to inform you about updates or changes to our offers or events and about changes to our terms and conditions, data protection statements and advertising regulations on our portals and websites;
- to combat fraud and abuse;
- to develop and maintain customer relationships;
- to manage our marketing and the marketing of third parties, i.e. all sales promotion measures, e.g. newsletter, telephone, online advertising, SMS and push notifications for market research, analysis and survey purposes as well as for statistical purposes;
- to develop and improve offers and products;
- to evaluate user behaviour.
In the following we have summarised in detail the data we process in the context of our offers, the reason why we process them and the legal basis for this processing.
I Visiting our offers (log files)
If you use our services without providing any further information, the web server technology we use automatically saves general technical navigation data in log files. This includes the IP address of the device used for the visit, data on the type of browser, the Internet service provider and the operating system used, the offers that have been accessed, the referring/exit pages, the date and the duration of the visit.
This information is collected and processed in order to enable the use of our websites (establishment of the connection), to ensure and increase the security and stability of our systems and offers, to analyse the use of our offers and services, to collect general demographic information and to enable us to optimise our offer, as well as for internal statistical purposes. The user is not identified in this context. This automatically collected information is also not normally linked to personal data stored by us. The automatically collected information can, however, be linked to personal data stored by us if you already have a user account on one of our portals or if you use certain functions of our websites as a guest, such as the contact form or the inquiry function. This information may be linked to analyse the use of our offers and services, to gather broad demographic information and to optimise our Internet offerings:
- When you send a message to a third party (e.g. an advertiser) via a corresponding function of our portal, we may record these messages, including their content.
- You can also obtain free services on our portal. We may, for example, use the personal data you provide when using a free service or in connection with a message (e-mail address, telephone number, etc.) for marketing and analysis purposes (see below under CIX).
Insofar as your personal data is processed for the above-mentioned purposes when you visit our websites, this is done in our legitimate interest to enable the use of our websites (establishment of the connection), to ensure and increase the security and stability of our systems and offers, to analyse, statistically evaluate, adapt and improve the use of our offers, and to optimise our Internet offer.
II Opening a user account
Your registration and the creation of a user account may be required to use personalised services or access protected areas, or to process requests and manage your subscriptions. To do so, you will need to enter certain personal data. This includes, for example, the following information:
- your email address, which may also serve as your user name;
- a password;
as well as other data depending on the context and the offer, such as
- your first and last name ;
- your address (full postal address, postal code, place);
- your telephone number;
- your date of birth
- your gender;
- information relating to subscription newsletters or other advertising;
- your language preferences.
In addition to the data marked as mandatory for the use of a certain offer, you are free to provide and save other personal data. By confirming the entry and transfer of your user account data during registration, you guarantee the accuracy of the data you have entered.
We use the data for the provision and administration of our digital offerings, for checking the plausibility of the data provided, i.e. for the substantiation, content structure, execution and modification of the contractual relationship concluded with you in connection with your user account, as well as for the proper invoicing of chargeable services. We process your data in this context in accordance with the applicable data protection laws.
III Use of our offers as a registered user
When registered users use our offers, we collect data for statistical purposes, to ensure the proper functioning of the portal and to analyse and optimise our offers and services. In this way, we collect data about your use of our digital offerings, including which features and advertisements you view. In accordance with applicable data protection law, it is in our legitimate interest to optimise, develop and improve our offer.
When you use our offer as a registered user, statistical data can be viewed by other registered users. This data is only made available to other registered users in anonymous and/or aggregated form.
IV Use of mobile applications
If you use our mobile applications with a mobile device and have enabled the transfer of your GPS signal data to third parties in your mobile device settings, we may collect information about your mobile device's location (longitude and latitude, horizontal accuracy information) using the GPS signal data.
We use location data to enhance your user experience by displaying location-based online advertising and other location-based digital content (e.g., location-based weather and news) on your mobile device via the mobile application(s). Before we collect your location data for the mentioned applications, we ask for your consent in accordance with the applicable data protection law.
Even after you have given your consent, you can withdraw it at any time or deactivate the collection, processing and transmission of your location data or object to these operations. If you do not wish to receive online advertising and location-based content, you may at any time deny access to your location or disable location services in your mobile device settings. To disable location-based services, please follow your device manufacturer's instructions: for Apple devices: https://support.apple.com/fr-ch/HT207092, for Android devices: https://support.google.com/accounts/answer/3467281?hl=fr.
V Purchase/acquisition of a paid offer
When you purchase a product or use a paid service, you will be required to provide certain information, such as your first and last name, your address (full postal address, postal code, location) and possibly other data (e.g. delivery address, billing address, payment information, etc.); this information is necessary for us to be able to execute the contract with you in accordance with applicable data protection law.
If you choose an online payment option such as credit card, TWINT, PostFinance or Swisscom-Pay for the purchase of a product or service for which you pay, payment is made via the online payment system of the respective supplier. In this case, the processing of personal and payment data is carried out directly via the provider of the respective payment system. We do not know or store your payment data. The data protection provisions of the online payment system provider apply in addition.
We may store your data collected for the purpose of purchasing or obtaining a paid offer in your user account for the purpose of making a future purchase or entering into a future contract in accordance with our internal storage and data protection guidelines or in accordance with legal requirements. We use them to optimise, improve and expand our offer, for marketing purposes and for statistical purposes. For this purpose, we may store all information about your current and past purchases and contracts, i.e. products, services, number of products and services per purchase as well as payment amount.
VI Contact via customer service or contact form
If you contact our customer service department, we may process your contact details (such as your title, first and last name, telephone number, e-mail address or postal address) as well as the content of the conversation in order to respond to your request. In accordance with applicable data protection law, it is in our legitimate interest to provide you with accurate and relevant information and to process your request correctly.
We may record and store inbound and outbound customer service conversations for training and quality improvement purposes, if you have consented to this.
If you fill out a contact form on our offers, we process the personal data you provide (such as your title, first and last name, telephone number, e-mail address or postal address as well as the content of the request). It is also in our legitimate interest to provide you with accurate and relevant information and to process your request correctly (in accordance with applicable data protection law).
VII Participation in promotional games and contests (hereinafter collectively "events")
In case of voluntary participation in events, we use the data you provide, such as your title, first and last name, e-mail address, postal address. This data is used for the organisation and execution of the events as well as for the direct information of the winners and/or the publication of the winners on social networks. In this context, your data may also be passed on in accordance with Section E, for example if we have commissioned a third party to organise or evaluate the event or if the event is organised by a third party via our offers.
VIII User surveys and market research
If you voluntarily participate in a survey or other market research activities on our part, we collect personal data about you, such as your title, first and last name, contact information and other information you will be asked to provide in the survey. We use the data you provide only to improve the user experience and to develop our products, which is in our legitimate interest (in accordance with applicable data protection law). The results of the surveys include only aggregated and anonymous data.
IX Marketing and analysis purposes
When you create an account or place a guest order via one of our offers, we may also use your data for personalised advertising measures on our part or on the part of affiliated companies, third parties and our shareholders. Personalised advertising measures include, in particular, the personalization of advertising by means of digital advertisements on our web offers and mobile applications, by email, e.g. e-mails containing general information or advertising (newsletter), by telephone, mail, fax, text messages, picture messages as well as on instant messaging services. You will find a link at the end of each of our emails allowing you to unsubscribe from the newsletter at any time. You can also unsubscribe from the newsletter at any time by emailing privacy@nearscreen.com.
We will only send you newsletters if they concern similar offers or if you have expressly consented to them. Otherwise, the delivery of personalised content and advertisements, e.g. on our portals or the portals of associated companies, is in our legitimate interest, in accordance with applicable data protection law, to offer you products or services that may be of interest to you and to market our products in an optimal manner. If prior consent is required, in particular for the processing of your data by affiliated companies or by our shareholders, we will ask for it beforehand.
To this end, various analytical tools may be used to continuously link historical and future user-specific data available to us and to analyse, aggregate, pseudonymize and anonymize user behaviour across our offerings. We may use publicly available data or data from third party vendors to improve our database. Other participating companies may analyse and evaluate observations about how you use our offer as part of user behaviour analysis. In this case, the data processing is carried out in principle with pseudonymized or anonymized data. You can object to the processing of your data at any time by sending an e-mail to privacy@nearscreen.com.
In addition, we process your data for analysis purposes, e.g. to continuously improve our digital offerings, to adapt them to your needs and to make them more secure. In accordance with the applicable data protection law, it is in our legitimate interest to adapt our offers to the needs of our customers, to improve them in accordance with the market and to ensure their security.
By creating a user account, you basically automatically subscribe to our newsletter and your e-mail address may therefore be used to send you advertisements about similar offers from us, until you unsubscribe from the relevant newsletter.
For the purposes described in this statement, we may also engage subcontractors for the technical execution of advertising measures and publicity on our behalf. These subcontractors will only process your data for the purposes described above (see section E below).
X Fraud prevention, litigation and legal processing obligations
We may also process your data that we collect and process under Chapters CI to CIX for the purpose of combating fraud or in the event of litigation, which is in our legitimate interest under applicable data protection law to protect our business and assert possible claims on our part. In addition, we may process your data in order to fulfil our legal obligations under applicable data protection law.
D Profiling and personality profiles
Personality profiles and/or profiling may be carried out for the purposes indicated. If personality profiles are to be shared with third parties, we will first ask for your explicit consent.
E Transfer of your data to third parties
We work with or commission other companies or persons to process and store data in accordance with this data protection declaration. These may be GVAX companies, GVAX shareholders including their subsidiaries, other third parties or subcontractors commissioned by us. These third parties may have access to your personal or usage data, but only to the extent necessary to perform the tasks we have assigned to them or for the purposes described in this data protection declaration.
We reserve the right to pass on your data in accordance with mandatory legal requirements.
I Transfer to GVAX companies
If data is passed on to GVAX companies in accordance with this section E, it will normally be pseudonymized or anonymized.
Insofar as this is lawful or compatible with the purposes described in Section C above, your data and usage data relating to your person or your user account may be passed on to GVAX companies for the purpose of evaluating, improving and adapting our offers in line with requirements, as well as for customer relationship management, personalization and marketing purposes.
If your consent is required for this purpose, we will ask you for it beforehand. You may withdraw your consent at any time. If no consent is required, the transfer of your data is based on our legitimate interest or the legitimate interest of a GVAX company or companies affiliated with GVAX and GVAX joint ventures to enable the use of our websites in accordance with applicable data protection law (establishment of the connection), to guarantee and increase the security and stability of our systems and our offers, to analyse the use of our offers, to evaluate it by means of statistics, to adapt and improve our offers, to present or send you advertisements and to be able to optimise our Internet offer.
II Transfer to GVAX shareholders
We may pass on your data to GVAX shareholders in accordance with this section E. The shareholders, in turn, may pass on this data to their subsidiaries, provided that the subsidiaries are only authorised to process the data passed on for the same purposes (described below) as those permitted to the shareholders.
A transfer takes place for the purposes of evaluating, improving and adapting our shareholders' products and services to their needs, for personalization, marketing and for combating fraud and abuse. Data will only be passed on as described in this statement if permitted by law or if we have obtained your prior consent. You can withdraw your consent at any time.
III Passing on to service providers
We will also pass on your data to third parties if this is necessary for the execution of the contract in accordance with the applicable data protection law. For this purpose, we may pass on the required data to transport companies, banks and other service providers, such as hardware or software suppliers. These service providers use your data exclusively for the processing of the order and not for any other purpose. Insofar as this is necessary for the purposes mentioned in the first sentence, the data may also be transmitted abroad, for example for the delivery of goods. You will find further information on the transfer abroad in section G.
IV Transfer to other third parties
If you click on integrated third-party offers or use integrated third-party contact forms, we may pass on your data in accordance with the offer or contact form. In addition, we may pass on your data to third parties if they wish to display advertisements or personalised announcements on our offers. In addition, your data may be passed on to third parties if we make an offer together with them.
With the exception of the data transfers described above, we will only pass on your data in accordance with the applicable data protection law if you have given your express consent, if there is a legal obligation to do so, or if it is necessary to enforce our rights, in particular those arising from the contractual relationship, which are of overriding interest to us.
In the event of a sale, merger or other reorganisation of all or part of the assets of our company, personal data may be transferred, sold or otherwise shared with third parties as part of such transaction or reorganisation.
In the case of advance payment, e.g. in the case of purchase on account, we may request a credit check by a data processing company using mathematical and statistical methods in order to safeguard our legitimate interests in concluding contracts with creditworthy customers (in accordance with applicable data protection law). For this purpose, we pass on the personal data required for the credit check to a data processing company and use the information received on the statistical probability of default to make a decision on the conclusion, performance or termination of the contractual relationship. The credit check may include probability values (score values) which are calculated on the basis of scientifically recognized mathematical and statistical methods and which include contact data in their calculations. Your legitimate interests are taken into account in accordance with the legal provisions.
Your personal data will not be passed on, transferred or sold to third parties outside of GVAX and our shareholders, unless this is necessary for the execution of a contract you have concluded with us or you have expressly consented to this.
F Use of cookies, tracking and analysis tools, and plug-ins and other third-party offer integrations
I Cookies
Cookies help to make your visit to our websites easier, more pleasant and more useful, as well as to ensure the functioning of our offers and portals; they are also used to offer you advertisements based on your interests. Cookies are files containing information that the Internet browser automatically saves on your computer's hard drive when you visit our website. Our digital offerings can in principle be used even without cookies, however, some functionality may be limited.
When you use our website, the cookies we use may collect and store usage data such as the IP address of your device, the pages viewed, the browser used, the date, time, etc. This data does not normally identify you unless you are logged into your user account.
When you close your browser, the cookies are saved on your computer in a text file and are reopened the next time you connect to the server. Cookies do not damage your computer's hard drive, nor do they transmit any personal data to us.
For example, we use cookies to recognize you after your first visit to our websites, offers or portals. In principle, it is not you as a user who is identified, but only the computer, mobile device or browser used. We also use cookies to find out who has visited our offers and portals and to determine how often certain pages or offers are visited, which parts of the portal are particularly popular and how the portal is used in general. We use other cookies so that you can navigate freely on our portal and use its features, for example when accessing protected areas, for smooth navigation between the various pages and to save your preferences. These cookies may also be necessary to use the shopping carts and payment functions. The use of cookies also makes it possible to use the choices you have made or the decisions you have made as settings to make your visit to our portal more pleasant. In general, the use of cookies serves to improve our services and make them more efficient and secure. Cookies also allow us to collect information in order to offer you advertisements that may be of interest to you. Finally, our cookies help us select online advertisements that are more relevant to your potential interests and thus prevent the appearance of ads that you may have little or no interest in.
Most Internet browsers automatically accept cookies. However, you can configure your browser so that no cookies are stored on your computer or so that you are always informed when you receive a new cookie (please consult your browser settings). You can also delete cookies from your computer or mobile device using the corresponding function of your browser.
You can decide at any time whether or not you want to receive targeted advertisements tailored to your possible interests. Opting out, however, does not mean that you will no longer see any online advertising. It simply means that the advertising displayed on the websites will no longer be selected according to your assumed interests and may therefore be less interesting for you.
You can find more information about the cookies we use and about opting out here https://nearscreen.com/nearscreen_cookies.html
Most of the cookies we use are temporary session cookies, which are automatically deleted from the computer or mobile device at the end of the browser session. However, we also use permanent cookies. These remain stored on the computer or mobile device after the end of the browsing session. Depending on their type, these permanent cookies are stored on the computer or mobile device for a period of between one month and ten years and are only automatically deactivated when the set period expires.
II Tracking and analysis tools
The use of our digital offerings is additionally measured and analysed by various technical systems, mainly from third-party providers such as Google Analytics. These measurements can be carried out anonymously or not. In this context, it is possible that we or the third-party providers of these technical systems pass on the collected data to third parties for processing.
We use Google Analytics, a service of Google Inc. In this context, the data collected may in principle be transmitted to a Google server in the USA. IP addresses are anonymized, however, so that no connection can be made between an IP address and a specific person. The IP address transmitted by your browser within the framework of Google Analytics will not be cross-referenced with other Google data. You can prevent the collection and processing of this data by Google Analytics by setting an opt-out cookie which prevents the collection of your data during your visit to this website: https://tools.google.com/dlpage/gaoptout?hl=fr.
The "Hotjar" tool is used on the websites for the non-personal analysis of the use of our portals and for statistical evaluation. In this context, information about the operating system, the browser, the geographical origin (only countries), the pages viewed during the visit as well as the interactions (e.g. mouse movements, clicks and entries on the website) are recorded.
You can find more information about the systems we use, in particular about opting out, at https://nearscreen.com/nearscreen_cookies.html
III Plug-ins and other integrations of third-party offers
Our digital offerings are connected to third-party functions and systems in various ways, for example through the integration of plug-ins from third-party social networks such as Meta, Google+, YouTube or Twitter.
If you have a user account with these third parties, they may be able to measure and analyse your use of our digital offerings. Other personal data such as IP address, personal browser settings and other parameters may be transmitted to and stored by these third parties. If you use a "social login" service such as Facebook Connect, the provider may pass on personal data such as name, e-mail address and profile picture to us, which they store about you. We have no control over the use of personal data collected by third parties in this way and accept no liability in this respect. Please refer to the links above for more detailed information on this subject. Information on the collection and use of data by third-party providers can be found in the data protection statements of these providers.
G Transfer of personal data abroad
We may also transfer your personal data to third-party companies or service providers located abroad, in particular in Europe, Asia or the United States, if this is appropriate for the data processing described in this declaration. These companies and service providers are bound by the same data protection requirements as we are. If the level of data protection in a country does not correspond to that of Switzerland, we ensure through contracts that the protection of your personal data corresponds to the level of protection in Switzerland. For this purpose, we use the EU standard contractual clauses or other contracts approved by the Federal Data Protection and Information Commissioner, which we conclude with our service providers.
H How long do we keep your data?
We retain your data for as long as is required by law or for the purposes of processing, in particular for the execution of the order or contract and to comply with legal obligations.
In the case of analyses of your data, we store your data until the analysis has been completed or you object to further processing. If we store data on the basis of a contractual relationship with you, this data will be stored for as long as the contractual relationship lasts, but at the most until the expiry of the statute of limitations for any claims we may have or until there is a legal or contractual obligation to store it.
We are legally obliged to store the contents of the contact form and the resulting e-mail exchanges for 13 months.
After this period, we endeavour to anonymize the data so that it can be used for further statistical purposes. If this is not possible for any reason, your data will be deleted if we no longer need it for the stated purpose and if we are no longer required by law to store it.
I How do we protect your data?
We take appropriate technical and organisational measures to diligently protect your data against loss, destruction, falsification, manipulation or unauthorised access. We operate secure data networks that comply with current technical standards. We are constantly improving and adapting our security measures in line with technological advances.
If you register with us as a user, access to your user account is only possible with your personal password. We recommend that you always treat payment and access information confidentially and close the browser window when you have finished communicating with us, especially if you share a computer with others.
Our employees and the employees of the service providers we have commissioned are bound to secrecy and to compliance with the legal provisions on data protection.
J What are your rights in relation to your data?
In accordance with applicable data protection law, you have the following rights:
Right of access:
You have the right to know at any time whether we process personal data about you and what that data is.
Right to rectify your data:
You have the right to have your personal data corrected at any time if you notice that we are processing incorrect data about you.
Right to erasure of your data:
If the processing of your personal data is no longer necessary, for example because you are no longer contractually bound to us or because you no longer agree to your data being processed, you can demand that it be deleted. We will delete your personal data, provided that we no longer have any obligation (e.g. a legal retention obligation) or overriding interest (e.g. in connection with legal proceedings) to retain or process your personal data for some time. In this case, we will only store your data for these purposes and will not process it in any other way.
After the deletion of your personal data, you may no longer be able to benefit from or use the services for which you have registered.
Right to limit or block the processing of your data:
You have the right to have the processing of your data limited or blocked at any time, provided that we have no further obligation to retain or process it for a certain period of time.
Right to portability of your data:
Under certain conditions, you have the right to request that we transfer your personal data to you or to a third party designated by you or to receive it in a commonly used format.
Right to object:
You may object at any time to the processing of your data for marketing and analysis purposes and to the transmission of your data within GVAX under Chapter CIX by sending an e-mail to privacy@nearscreen.com.
This objection does not completely exclude the collection of personal data, but only concerns the collection for marketing and analysis purposes and the transmission of your data within GVAX in accordance with Chapter CIX.
You can also object to any data processing based on a legitimate interest on our part by sending an e-mail to privacy@nearscreen.com, if you can demonstrate reasons relating to your particular situation.
Withdrawal of your consent:
You have the right to withdraw the consent you have given at any time. When we are informed of the withdrawal of your consent, we will stop processing your personal data for the purposes intended, unless there is another legitimate interest that allows us to continue processing. Withdrawal of your consent will not affect any data processing carried out prior to its withdrawal.
Complaint to a supervisory authority:
In addition, you have the right to file a complaint with the competent supervisory authority. In Switzerland, this is the Federal Data Protection and Information Commissioner. You can exercise this right at the supervisory authority of your place of residence, your place of work or the place where the data protection violation has occurred.
You can exercise your rights at any time by informing us in writing and providing proof of your identity.
To do so, please use the email account with which you registered with us. This will enable us to verify your identity. We also reserve the right to verify your identity by means of a copy of your passport, a copy of both sides of your identity card, a copy of your Swiss driver's licence or in any other way. We may correspond with you in the context of contacting you to exercise your rights.
Please note that the exercise of your rights may be refused or partially restricted for legal reasons or under data protection law. If required or permitted by law, we will inform you of the reasons for our decision.
K How can you contact us?
If you have any questions regarding the processing of your data, if you would like to obtain information or request the deletion of your data, please send an email to the person responsible for data protection law at privacy@nearscreen.com.
The contact details of our data protection officer are as follows
GVAX SA
Nearscreen.com Privacy Officer
32 route des Acacias
1227 Geneva
L Changes to this data protection declaration
The current data protection declaration published on our website is binding.
We regularly adapt this data protection declaration to the current state of measures concerning the use and protection of personal data. Registered users will be informed of any substantial changes to the data protection declaration by e-mail to the e-mail address given at the time of registration or by means of a corresponding notice placed appropriately after logging into the user account.
Please read this data protection declaration regularly so that you are always informed about the latest developments concerning your personal data and about how you can exercise your rights.
Status: 15 June 2022