Processing of (personal) data by the entity in charge of the online application process

Data Protection & Privacy Policy

Montana Capital Partners AG (“MCP”) collects personal data about you. MCP as the controller processes your personal data in compliance with the provisions under the Swiss Data Protection Act (“DPA”) and the General Data Protection Regulation (“GDPR”), as amended from time to time (collectively “Regulation”). This Data Protection & Privacy Policy (“Policy”) explains how we use any personal data we collect about you.

1. What Personal Data do we collect?
“Personal Data” is any information relating to you or that we can otherwise link to you. The Personal Data we collect include your name, postal address, e-mail address, phone and fax number, company name, company structure, job title and business affiliations.

2. How do we collect your Personal Data?
We collect personal data that you voluntarily provide to us, for example when (i) you communicate with us via e-mail or other channels, (ii) when you sign up for or ask us to send you fact sheets, newsletters or other (non-marketing) materials and/or (iii) when you sign up for an event. In some cases your Personal Data has been supplemented by information retrieved from other sources, including searches via publically available search engines, sector-specific newsletters, social media and your employer’s website, for the purpose of confirming your current professional position.

3. How do we use your Personal Data?
We use the Personal Data we collect for communication purposes, including: (i) to send you fact sheets, newsletters and other information about MCP; (ii) to send you invitations to events and conferences; and (iii) to maintain our list of contacts. We do not make your Personal Data available to any third party.

4. Why do we process your Personal Data and on what legal basis?
As set out above we process your Personal Data for communication purposes. We rely on our legitimate interests in maintaining business relationships and communicating with you as a business contact, about MCP’s activities and events. We consider that our legitimate interests are in compliance with the Regulation and your legal rights and freedoms.

5. Where is your Personal Data stored?
MCP is a Swiss company and all your Personal Data, MCP received, is processed and stored on servers in Switzerland.

6. With whom do we share your personal data?
In the context of the purposes mentioned above, we may share your personal data with third parties, such as parties that provides CRM services for MCP, including but without limitation Salesforce.

We will ensure that, where relevant, contractual safeguards are implemented to ensure the protection of your Personal Data when disclosing your Personal Data to a third party. For example, we will enter into data processing agreements with relevant parties (providing for restrictions on the use of your Personal Data and obligations with respect to the protection and security of your Personal Data).

As a general rule, we do not share your Personal Data as set out above with other parties located in countries outside Switzerland and the European Union, which countries may offer a lower level of data protection. This may, however, be different in the event that there is a legitimate reason for providing data to parties located in such country.

In such case, it shall be ensured that adequate measures are taken to ensure adequate protection of your Personal Data in accordance with applicable data protection legislation. Generally, we will enter into the standard contractual clauses with the recipient of your Personal Data.

7. How long do we keep your Personal Data?
Your Personal Data will be saved for the specified purposes mentioned above for as long as you are a business contact to us. Your personal data will be deleted when it is no longer reasonably required for the specified purposes mentioned above or you withdraw your consent (where applicable) and we are not legally required or otherwise permitted to continue storing such data. You can unsubscribe at any time, if you no longer wish to receive communications and invitations from MCP. If you choose to unsubscribe, we will cease to send you such communication and invitations as mentioned above.

8. Data Security
MCP has implemented appropriate technical and organisational security measures to help protect your Personal Data against loss and to safeguard against access by unauthorised persons.

9. Your Rights
You have the right to know what Personal Data we process about you and may request a copy. You are also entitled to have incorrect Personal Data about you corrected and you may in some cases ask us to delete your Personal Data. You can also object to certain Personal Data about you being processed and request that processing of your Personal Data be limited. Please note that the limitation or deletion of your Personal Data may mean we will be unable to provide the communications and invitations described above. You also have the right to receive your Personal Data in a machine-readable format and have the data transferred to another party responsible for data processing. If you disagree with how we process your Personal Data, you are also entitled to report this to the Swiss Federal Data Protection and Information Commissioner (FDPIC) and/or to other the competent supervisory authorities in the European Union.

10. Updates to this Data Protection & Privacy Policy
This Data Protection & Privacy Policy was last updated in May 2018. We reserve the right to update and change this Policy from time to time in order to reflect any changes to the way in which we process your personal data or changing legal requirements. In case of any such changes, we will post the changed Data Protection & Privacy Policy on our website or publish it otherwise. The changes will take effect as soon as they are posted on this website.

11. How to contact us
If you have any questions about how we process your Personal Data, please feel free to contact us at info@mcp.eu.

Processing of (personal) data by the operator of the recruitment website

General information

This recruitment website is operated by Personio SE & Co. KG, which offers a human resource and candidate management software solution (https://www.personio.com/legal-notice/). Data transmitted as part of your application will be transferred using TLS encryption and stored in a database. The sole controller of this data within the meaning of article 24 of the GDPR is the enterprise carrying out this online application process. Personio’s role is limited to operating the software and this recruitment website and, in this context, being a processor under article 28 of the GDPR. In this case, the processing by Personio is based on an agreement for the processing of orders between the controller and Personio. In addition, Personio SE & Co. KG processes further data, some of which may be personal data, to provide its services, in particular for operating this recruitment website. We will refer to this in more detail below.

The controller

The controller under data protection law is:
Personio SE & Co. KG
Seidlstraße 3
80335 München
Tel.: +49 (89) 1250 1004
Entry in the commercial register
Commercial register entry number: HRA 115934
Registration Court: Amtsgericht München
Data Protection Officer contact: privacy@personio.com

Access logs (“server logs”)

Each access to this recruitment website automatically causes general protocol data, so-called server logs, to be collected. As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. Without this data, it would, in some cases, be technically impossible to deliver or display the contents of the software. In addition, processing this data is absolutely necessary under security aspects, in particular for access, input, transfer, and storage control. Furthermore, this anonymous information can be used for statistical purposes and for optimizing services and technology. In addition, the log files can be checked and analyzed retrospectively when unlawful use of the software is suspected. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. Generally, data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp of the access to the software is collected. The scope of this log process does not exceed the common log scope of any other site on the web. These access logs are stored for a period of up to 7 days. There is no right to object to this.

Error logs

So-called error logs are generated for the purpose of identifying and fixing bugs. This is absolutely necessary to ensure we can react as quickly as possible to possible problems with displaying and implementing content (legitimate interest). As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. When an error message occurs, general data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp upon occurrence of the respective error message and/or specification is collected. These error logs are stored for a period of up to 7 days. There is no right to object to this.

Use of cookies

So-called cookies are used on parts of this recruitment website. They are small text files which are stored on the device with which you access this recruitment website. As a general rule, cookies serve the purpose of ensuring secure access to a website (“absolutely necessary”), implementing certain functionalities such as standard-language settings (“functional”), improving the user experience or the performance of the website (“performance”), or placing targeted advertisements (“marketing”). On this recruitment website, we generally use only cookies that are absolutely necessary, functional or performance-related, in particular for implementing certain default settings such as language, for identifying the job advertising channel, or for analyzing the performance of a job advert via which a user accessed this recruitment website. The use of cookies is absolutely necessary for providing our services and thus for the performance of the contract (article 6 (1) b) of the GDPR). Period of storage: up to 1 month or until the end of the browser session Right to object: You can determine via your browser settings whether you allow or object to the use of cookies. Please note that deactivating cookies may result in limited or completely blocked functionalities of this recruitment website.

Rights of data subjects

If Personio SE & Co. KG as the controller processes personal data, you as the data subject have certain rights under Chapter III of the EU General Data Protection Regulation (GDPR), depending on the legal basis and the purpose of the processing, in particular the right of access (article 15 of the GDPR) and the rights to rectification (article 16 of the GDPR), erasure (article 17 of the GDPR), restriction of processing (article 18 of the GDPR), and data portability (article 20 of the GDPR), as well as the right to object (article 21 of the GDPR). If the personal data is processed with your consent, you have the right to withdraw this consent under article 7 III of the GDPR. To assert your rights as a data subject in relation to the data processed for the purpose of operating this recruitment website, please refer to Personio SE & Co. KG’s Data Protection Officer (see item B).

Concluding provisions

Personio reserves the right to adjust this data privacy statement at any point in time to ensure that it is in line with the current legal requirements at all times, or in order to accommodate changes in the services offered, for example when new services are introduced. In this case, the new data privacy statement applies to any later visit of this recruitment website or any later job application.