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Privacy policy

With this privacy policy, we would like to inform users of the PEND.ch website and our customers about the personal data processed.

This privacy policy does not apply to data processing within our plugins. Here we only act as a processor for our customers. This privacy policy therefore only relates to the use cases in which we act as the controller.

This Privacy Policy is designed to meet the requirements of the EU General Data Protection Regulation ("GDPR"), the Swiss Data Protection Act ( "DSG" ) and the revised Swiss Data Protection Act ("revDSG"). However, whether and to what extent these laws are applicable depends on the individual case.

I. Controller
The company listed below is responsible for the data processing described here. If you have any data protection concerns, you can send them to us at the following contact address

TFTW GmbH
Hochstrasse 83
4053 Basel

We can be reached at the following e-mail address:

Our representative in the EEA according to Art. 27 GDPR:
TFTW GmbH
c/o Las-Burg 121635
Colmarer Strasse 10
79576 Weil am Rhein

II. Collection and processing of personal data
We primarily process the personal data that we receive from our customers and other business partners as part of our business relationship with them and other persons involved or that we collect from their users when operating our websites, apps and other applications. In addition to the data that you provide to us directly, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we learn in connection with official and legal proceedings, information in connection with your professional functions and activities (so that we can, for example to conclude and process transactions with your employer with your help), information about you in correspondence and meetings with third parties, creditworthiness information (insofar as we process transactions with you personally), information about you that people from your environment (family, advisors, legal representatives, etc.) provide to us so that we can conclude or process contracts with you or with your involvement (e.g. references, your address for deliveries, full addresses, etc.). references, your address for deliveries, powers of attorney, information on compliance with legal requirements such as the fight against money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners of ours on the use or provision of services by you (e.g. payments made, purchases made)), information from the media and Internet about your person (insofar as this is appropriate in the specific case, e.g. in the context of a job application, press releases, etc.).e.g. in the context of an application, press review, marketing/sales, etc.), your addresses and, if applicable, interests and other socio-demographic data (for marketing), data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring website, location data).

III. Purposes of data processing and legal basis n 
We primarily use the personal data we collect to conclude and process our contracts with our customers and business partners, in particular in connection with the sale of our plug-ins for websites.

In addition, we also process personal data of you and other persons for the following purposes, to the extent permitted and deemed appropriate, in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose:

Offering and further developing our products, services and websites, apps and other platforms on which we are present;
  • Communication with third parties and processing their inquiries (e.g. applications, media inquiries);
  • Examination and optimization of procedures for needs analysis for the purpose of direct customer contact and collection of personal data from publicly accessible sources for the purpose of customer acquisition; 
  • Advertising and marketing (including the organization of events), provided you have not objected to the use of your data (if we send you advertising as an existing customer, you can object to this at any time and we will put you on a blacklist against further advertising mailings); 
  • Assertion of legal claims and defense in connection with legal disputes and official proceedings; 
  • Prevention and investigation of criminal offenses and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud); 
  • Guarantees of our operations, in particular IT, our websites, apps and other platforms; 
  • Purchase and sale of business divisions, companies or parts of companies and other transactions under company law and the associated transfer of personal data as well as measures for business management and compliance with legal and regulatory obligations. 
  • If you have given us your consent to process your personal data for specific purposes (for example, when you register to receive newsletters), we will process your personal data within the scope of and based on this consent, unless we have another legal basis and require one. Consent that has been given can be withdrawn at any time, but this has no effect on data processing that has already taken place. 

IV. Cookies and other technologies in connection with the use of our website
We typically use "cookies" and similar technologies on our websites to identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you use when you visit our website. This enables us to recognize you when you return to this website, even if we do not know who you are. In addition to cookies that are only used during a session and are deleted after your visit to the website ("session cookies"), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) ("permanent cookies"). However, you can set your browser so that it rejects cookies, only stores them for one session or otherwise deletes them prematurely. Most browsers are preset to accept cookies. We use permanent cookies so that you can save user settings (e.g. autologin).

In some of our newsletters and other marketing emails, we also include visible and invisible image elements, where permitted, which we can retrieve from our servers to determine whether and when you have opened the email so that we can measure and better understand how you use our offers and tailor them to you. You can block this in your e-mail program; most of them are preset to do so.
By using our websites and agreeing to receive newsletters and other marketing e-mails, you consent to the use of these technologies. If you do not want this, you must set your browser or e-mail program accordingly
If you block cookies, certain functions (e.g. language selection, shopping cart, ordering processes) may no longer work.

We send our newsletters with Mailchimp, a service of Intuit Inc. Mountain View, California, United States or The Rocket Science Group, LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA ("Mailchimp").
The data provided when registering for the newsletter will only be used to send the newsletter. When you register for the newsletter, your personal data in the contact fields (name, e-mail address) will be processed. The purpose of data processing is to send you information about our products and services. The legal basis is the consent given to us. You can revoke this at any time with effect for the future. All you have to do is inform us of your revocation. The revocation can also be made informally via the unsubscribe link in each newsletter.
Mailchimp also carries out analyses that we can access. This includes analyzing the user's IP address and determining whether links in the email have been clicked. The analysis is carried out using web beacons. Further information can be found at the following link: https://mailchimp.com/de/help/about-open-tracking/ 
We have concluded a contract with Mailchimp for commissioned data processing. This contract serves to safeguard personal data and ensures that Mailchimp complies with the applicable data protection regulations and does not pass on personal data to third parties. Further information can be found at the following link: https://mailchimp.com/de/legal/data-processing-addendum. 

Transfer of data to the USA: When using the newsletter service MailChimp, data is also transfered to the United States of America. The European Union and the United States of America have concluded the so-called EU-US Data Privacy Framework. Switzerland and the United States of America have concluded the Swiss-US Data Privacy Framework. This enables US companies to be subject to the rules of this agreement. If US companies make use of this, there is an appropriate level of data protection in accordance with European and Swiss regulations. Mailchimp has made use of this, which is why the transfer of data to them does not require any further suitable guarantees.

V. Data transfer and data transfer abroad
As part of our business activities and for the purposes set out in Section III, we also disclose data to third parties, insofar as this is permitted and appears appropriate to us, either because they process it for us or because they wish to use it for their own purposes. This applies in particular to the following parties:
  • Service providers of ours, including processors (such as IT providers); 
  • Subcontractors and other business partners; 
  • Customers; 
  • domestic and foreign authorities, official bodies or courts; 
  • Media; 
  • Acquirers or parties interested in acquiring business divisions 
  • other parties in potential or actual legal proceedings; 
all recipients together.

These recipients are partly in Germany, partly in countries of the European Economic Area and partly in other countries. In particular, you must expect your data to be transferred to all countries where the service providers we use are located (e.g. Germany, USA).

If a recipient is located in a country without adequate statutory data protection, we contractually oblige the recipient to comply with the applicable data protection (we use the revised standard contractual clauses of the European Commission, which are available here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless the recipient is already subject to a legally recognized set of rules to ensure data protection and we cannot rely on an exception. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the performance of a contract requires such disclosure, if you have given your consent or if the data in question has been made generally accessible by you and you have not objected to its processing.

We prefer to use recipients who, if they are located in the USA, are certified in accordance with the EU-US Data Privacy Framework or Swiss-US Data Privacy Framework and therefore guarantee an appropriate level of data protection and corresponding rights for data subjects.

VI Duration of the retention of personal data
We process and store your personal data for as long as is necessary for the fulfillment of our contractual and legal obligations or otherwise for the purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, execution to the termination of a contract) as well as beyond that in accordance with the statutory retention and documentation obligations. It is possible that personal data may be stored for the period in which claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or legitimate business interests require this (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted or anonymized as far as possible. For operational data (e.g. system protocols, logs), shorter retention periods of twelve months or less generally apply. 

VII Data security
We take appropriate technical and organizational security precautions to protect your personal data from unauthorized access and misuse.

VIII Obligation to provide personal data
As part of our business relationship, you must provide the personal data that is necessary for the establishment and execution of a business relationship and the fulfillment of the associated contractual obligations (as a rule, you do not have a legal obligation to provide us with data). Without this data, we will generally not be able to conclude or execute a contract with you (or the entity or person you represent). The website can also not be used if certain information to secure data traffic (such as IP address) is not disclosed.

IX. Profiling
As a matter of principle, we do not use fully automated decision-making (as regulated in Art. 22 GDPR) for the establishment and implementation of the business relationship or otherwise. Should we use such procedures in individual cases, we will inform you of this separately if this is required by law and inform you of the associated rights.

X. Rights of the data subject
You have the right to information, correction, deletion, the right to restrict data processing and otherwise to object to our data processing, in particular for the purposes of direct marketing, profiling for direct advertising and other legitimate interests in processing, as well as to the disclosure of certain personal data for the purpose of transfer to another body (so-called data portability) within the framework of the data protection law applicable to you and to the extent provided for therein (such as in the case of the GDPR). Please note, however, that we reserve the right to assert the restrictions provided for by law, for example if we are obliged to store or process certain data, have an overriding interest in doing so (insofar as we are entitled to invoke this) or require it for the assertion of claims. If you incur costs, we will inform you in advance. We have already informed you about the possibility of withdrawing your consent in Section III. Please note that exercising these rights may conflict with contractual agreements and may have consequences such as premature termination of the contract or cost consequences. We will inform you in advance if this is not already contractually regulated. 
The exercise of such rights generally requires that you clearly prove your identity (e.g. by means of a copy of your identity card, where your identity is otherwise not clear or cannot be verified). To assert your rights, you can contact us at the address given in point I.

Every data subject also has the right to enforce their claims in court or to lodge a complaint with the competent data protection authority.  The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

XI. Changes 
We may amend this privacy policy at any time without prior notice. The current version published on our website shall apply. If the privacy policy is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.

Licensed under CC BY 4.0 Attribution 4.0 International
Based on DSAT.ch
Processed by TFTW GmbH