Last revision: 01.01.2023 

ARTICLE 1. INTRODUCTION 

We, FBK Conseils, care about the privacy of the users (“user” or “you”) of our website and/or web application. We are committed to protecting the information that users share with us while using our website and/or web application, and we are committed to protecting and using your information in accordance with applicable law. 

This Privacy Policy describes our practices for collecting, using and disclosing your information through our digital properties (the “Services”), when you access the Services from your device. 

Before accessing or using any of our services, please read this Privacy Policy carefully and make sure you fully understand our practices regarding your information. If you read and fully understand this “Privacy Policy” and still object to our practices, you should immediately cease all use. By using our services, you agree to the terms of this “Privacy Policy” and your continued use of the services constitutes your acceptance of this “Privacy Policy” and any amendments thereto. 

In this Privacy Policy, you will find explanations of the following issues: 

– The information we collect 

– How we collect information 

– Why we collect information 

– With whom we share information 

– Where the information is stored  

– How long the information is kept 

– How we protect information 

– Minor explanations 

– Changes or Updates to the Privacy Policy 

  

The information we collect: 

Below are the different types of information we may collect. 

  • Non-identifying and non-identifying information, which may be provided by you during the registration process or collected when you use our web application. 
  • Individually identifiable information, that is, information that identifies you or can, with reasonable effort, identify you (“Personal Information”). The Personal Information we collect through our website and WEB application includes name, email address, address, phone number, IP address or other information requested whenever necessary. If we combine Personal Information with non-personal information, we will treat the combined information as Personal Information for as long as it remains combined. 

  

ARTICLE 2: PRINCIPLES RELATING TO THE COLLECTION AND PROCESSING OF PERSONAL DATA    

In accordance with Article 5 of the European Regulation 2016/679, personal data are:   

– Processed in a lawful, fair and transparent manner with regard to the data subject; 

– Collected for specified, explicit and legitimate purposes (see Article 3.1 hereof) and not further processed in a way incompatible with those purposes; 

– Adequate, relevant and limited to what is necessary for the purposes for which they are processed; 

– Accurate and, where necessary, kept up to date. All reasonable steps must be taken to ensure that personal data which are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;  

– Kept in a form that permits identification of the data subjects for no longer than is necessary for the purposes for which they are processed; 

– Processed in such a way as to ensure appropriate security of the data collected, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.   

Below are the main methods we use to collect information: 

  • We collect information when you use our web application. When you visit our digital properties or use our services, we may collect and record such usage, sessions and related information. 
  • We collect information that you voluntarily provide to us. For example, we collect the information you provide when you contact us directly through any communication channel (e.g., when you send us an e-mail containing a comment or feedback). 
  • We may collect information from third party sources as described below. 
  • We collect the information you provide if you connect to our website through third-party services such as Facebook or Google. 

ARTICLE 3: PERSONAL DATA COLLECTED AND PROCESSED IN THE CONTEXT OF NAVIGATION ON THE SITE   

We use your Personal Information for the following purposes: 

– To provide and operate our services 

– To develop, personalize and improve our services 

– To respond to your feedback, requests and queries and to provide you with assistance 

– To analyze demand and usage patterns 

– For other internal, research or statistical purposes 

– To strengthen our data security and fraud prevention capabilities 

– To investigate possible violations, enforce our terms or policies, or comply with any applicable law, regulation or governmental authority. 

ARTICLE 4: DATA CONTROLLER AND DATA PROTECTION OFFICER  

Our digital property hosting service provides you with an online WEB application that allows us to provide you with a tax filing service. Your data can be stored through our hosting provider’s data storage, database or general applications. They store your information on secure servers behind a firewall and offer HTTPS secure access and TLS1.2 encryption to most of their services. 

Personal information: 

FBKConseils will handle all your personal data in accordance with the Swiss tax secrecy regulations. 

All personal information is stored on redundant secure servers at Infomaniak in Switzerland. The data will also be stored on local physical servers owned by FBKConseils 

In the event of a court order to lift tax secrecy, we may be required to disclose your information. 

How long the information is kept: 

Please note that we retain the information we collect for as long as necessary to provide the Services and to comply with our legal or contractual obligations to you, resolve disputes and enforce our agreements. 

We may correct, supplement or delete incomplete or inaccurate information at any time at our sole discretion. 

  

Cookies and similar technologies: 

When you visit or access our Service, we allow certain third parties to use web beacons, cookies, web beacons, scripts, tags and other analytics technologies and services (“Tracking Technologies”). These Tracking Technologies may allow third parties to automatically collect information about you in order to improve the way you navigate our Digital Properties, to improve the performance of our Digital Properties and to personalize your experience on our Digital Properties, as well as for security and fraud prevention purposes. 

Through our Service and our Digital Properties (including the websites and applications that deploy our Service), we may provide advertisements that may also be tailored to you, such as advertisements that are based on your recent browsing behavior on different websites, browsers or devices. 

In order to provide you with these advertisements, we may use cookies and/or JavaScript and/or web beacons (including clear GIFs) and/or HTML5 local storage and/or other technologies. We may also use third parties, such as network advertisers, which are third parties that display advertisements based on your visits to the Websites, to present you with targeted advertisements. Third party ad network providers, advertisers, sponsors and/or traffic measurement services may also use cookies and/or JavaScript and/or web beacons (including clear GIFs) and/or Flash LSOs and/or other technologies to measure the effectiveness of their advertisements and customize advertising content for you. These cookies and other third-party technologies are governed by each third party’s specific privacy policy, not this one. 

Online payments: 

All direct payment gateways offered by the host of our Digital Properties and used by us comply with the standards set forth by PCI-DSS, as administered by the PCI Security Standards Council, which is a joint effort of companies such as Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure processing of credit card information by our company and its service providers, including physical, electronic and procedural measures. 

Regardless of the efforts made and measures taken by us and our host, we cannot and do not guarantee the absolute protection and security of any information you upload, post or otherwise share with us or anyone else. 

We encourage you to set strong passwords and to avoid providing us or anyone else with sensitive information that you believe could cause you substantial or irreparable harm. The Services are not intended for underage users. We do not knowingly collect information from children. If you are under the age of majority, you should not download or use the Services or provide any information to us. 

We reserve the right to request proof of age at any time to ensure that minors do not use our services. If we learn that someone under the age of majority is using our services, we may prohibit and block that user’s access to our services, as well as delete all information stored with us about that user. 

ARTICLE 5: USER’S RIGHTS REGARDING DATA COLLECTION AND PROCESSING   

We will only use your personal information for the purposes set out in this Privacy Policy, if: 

  • Use of your Personal Information is necessary to perform a contract or take steps to enter into a contract with you (for example, to provide you with the Services or to provide you with customer or technical support) 
  • We need to use your Personal Information to comply with a relevant legal or regulatory obligation 
  • It is necessary for us to use your Personal Information for our legitimate business interests, provided that such use is at all times proportionate and respects your privacy rights. 

If you live in the EU, you can : 

  • Request confirmation of whether or not personal information about you is being processed, and access to the personal information we store about you, as well as certain additional information 
  • Request to receive Personal Information that you voluntarily provide directly to us in a structured, commonly used and machine-readable format 
  • Request correction of your Personal Information under our control 
  • Request the deletion of your personal information 
  • To object to the processing of personal data by us 
  • Requesting that we limit the processing of your Personal Information 
  • File a complaint with a supervisory authority 

  

However, please note that these rights are not absolute and may be subject to our own legitimate interests or regulatory requirements. If you have any general questions about the personal information we collect and how we use it, please contact us as indicated below. 

In the course of providing the Services to our users, we may transfer information to affiliated entities or other third parties across the borders of your country or jurisdiction to other countries or jurisdictions around the world. By using the Services, you consent to the transfer of your information outside the EEA. 

If you are located in the EEA, your Personal Information may only be transferred to locations outside the EEA if we are satisfied that an adequate or comparable level of protection is in place to safeguard the Personal Information. We will take reasonable steps to ensure that we have appropriate contractual arrangements with our third parties to ensure that adequate safeguards are in place so that the risks of unlawful use, alteration, deletion, loss or theft of your Personal Information are minimised, and that such third parties act at all times in compliance with applicable laws. 

Article 5.1: CCPA Rights to Your Information: 

If you are a California resident using our services, the California Consumer Privacy Protection Act (“CCPA”) may give you the right to request access to and deletion of your information. 

To exercise your right to access and delete your information, please contact us as indicated below. 

Users of the Services who are residents of California and under the age of 18 may request and obtain removal of any content they have posted by sending us an email to the address listed below in the “Contact Us” section.  Any such request should be marked “California Removal Request” in your email. Any such request must provide a description of the content you wish to remove and information reasonably sufficient to permit us to locate the content. We reject all “California Removal Requests” that are not properly marked or sent, and we may not be able to respond if you do not provide adequate information. Please note that your request does not guarantee a complete or comprehensive removal of the content in question. For example, material you have posted may be republished by another user or third party. 

 
SECTION 6: CONDITIONS FOR CHANGING THE PRIVACY POLICY 

 
We may revise this Privacy Policy from time to time, at our sole discretion, and the most current version will always be posted on our website (as indicated in the “Last Revised” section). We encourage you to review this Privacy Policy regularly for any changes. If there are material changes, we will post a notice on our website announcing those changes.  Your continued use of the Services following the posting of changes on our website will constitute your acknowledgement of, and consent to, such changes in the Privacy Policy and your agreement to be bound by the terms of such changes. 

 
Contact us 

If you have any general questions about the Services or the information we collect about you, or how we use it, please contact us: 

Name: FBKConseils SARL 

E-mail: [email protected]