Privacy policy

Introduction

We attach great importance to data protection. In this privacy policy, we explain how we collect and process personal data.

“ Personal data ” is any information relating to an identified or identifiable natural person. A natural person is considered identifiable if they can be identified directly or indirectly, in particular by reference to an identifier such as a name, an email address or a telephone number.

“ Processing” means any handling of your data, whatever the means and methods used, in particular collection, storage, use, modification, disclosure, archiving or destruction.

If you provide us with personal data about third parties (e.g. family members or work colleagues), please make sure that these persons are aware of this privacy policy, and only provide us with their personal data if you are entitled to do so and if the data is correct.

This privacy policy complies with the revised Swiss Federal Act on Data Protection (“ FADP ”) and the EU General Data Protection Regulation (“ GDPR ”). Whether and to what extent these laws apply, however, depends on the individual case.

This privacy policy applies in particular to any processing of personal data when you use our website bula-sa.ch, and when any service contract is concluded.

It is not an exhaustive description; where applicable, other privacy notices, general terms and conditions, conditions of participation and similar documents govern specific matters.

Our website may contain links to other websites to which this privacy policy does not apply. Please refer to the privacy policies of those third-party websites. We have no influence over the processing of data by third parties.

1. Controller

Unless otherwise stated in a specific case, the company responsible for the data processing described here is Bula Concept Audiovisuel SA, Rue Grenade 22, 1510 Moudon.

If you have any questions about data protection, you can contact us at the following address: info@bula-sa.ch, Bula Concept Audiovisuel SA, Rue Grenade 22, 1510 Moudon.

2. Collection and processing of personal data

We primarily process the personal data provided to us by our customers and other business partners in the course of our business relationship with them and by other persons involved, as well as the data we collect from users when operating our website and other services. We collect your personal data when you use our services, create a new account, send us information through a web form (contact form), add or update information in your account, subscribe to a newsletter, take part in a game or competition, or contact us in any other way.

Where permitted, we obtain certain data from publicly accessible sources (e.g. debt enforcement register, land register, commercial register, the press, the internet). Such data may also be passed on to us by other companies, by authorities or by third parties.

In addition to the data you provide to us directly, the categories of personal data we receive about you from third parties include in particular: information from public registers; information we receive in connection with administrative and court proceedings; information relating to your professional role and activities (so that we can, for example, conclude and process business with your employer with your help); information about you contained in correspondence and discussions with third parties; information on your creditworthiness (where we do business with you personally); information about you provided by people close to you (family, advisers, legal representatives, etc.) so that we can conclude or perform contracts with you or involving you (e.g. references, your delivery address, powers of attorney, information on compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurers, our business partners and other contractual partners on your use or provision of services (e.g. payments made, purchases made)); information about you from the media and the internet (where this is specifically relevant, e.g. in the context of a job application, a press review, marketing/sales, etc.); your addresses and, where applicable, your interests and other socio-demographic data (for marketing purposes); and data relating to your use of the website (e.g. IP address, MAC address of your smartphone or computer, information about your device and settings, cookies, date and time of your visit, pages and content viewed, functions used, referring website, location data).

Using server log files, we collect anonymous data about access to our website. This access data includes in particular: the name of the website visited, the file name, the date and time of access, the amount of data transferred, notification of successful access, the browser type and version, the user's operating system, the referrer URL (the previously visited page), the IP address and the requesting provider. This data is used for statistical analysis for operational purposes, to ensure the security of our IT systems and to optimise the website, so that you can use it safely and without disruption.

3. Purposes of data processing and legal bases

We process your personal data for various purposes and on the basis of various legal grounds that permit such processing.

We primarily use the personal data we collect to conclude and perform our contracts with our customers and business partners. We also process personal data to purchase products and services from our suppliers and subcontractors, and to comply with our legal obligations in Switzerland and abroad. If you work for one of these customers or business partners, your personal data may also be affected in that capacity.

In addition, where permitted and where we consider it appropriate, we also process personal data about you and other persons for the following purposes, in which we (and sometimes third parties) have a legitimate interest:

• Offering and developing our offers, services and websites, apps and other platforms on which we are present;
• Communicating with third parties and handling their requests (e.g. job applications, media enquiries);
• Reviewing and optimising needs analysis procedures for the purpose of approaching customers directly, and collecting personal data from publicly accessible sources for prospecting purposes;
• Advertising and marketing (including organising events), provided that you have not objected to the use of your data (if we send you advertising because you are one of our customers, you can object at any time; we will then add you to a list of people who do not wish to receive advertising);
• On our websites, individuals can take part in competitions such as prize draws. The data sent to us is used to personalise any offers or newsletters and to build a customer profile;
• Market research and opinion polls, media monitoring;
• Asserting legal claims and defending against legal disputes and administrative proceedings;
• Preventing and investigating criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
• Safeguarding our operations, in particular our IT, websites, apps and other platforms;
• Video surveillance to protect our premises, and other measures for IT, building and facility security and for the protection of our staff, other persons and assets that belong to us or have been entrusted to us (e.g. access controls, visitor lists, network and email scanners, telephone recordings);
• Buying and selling business units, companies or parts of companies and other corporate transactions, the related transfer of personal data, and measures for business management and for compliance with legal and regulatory obligations and with the internal rules of Bula Concept Audiovisuel SA;

Where you have given us your consent to process your personal data for specific purposes (e.g. when you subscribe to newsletters or install an app), we process your personal data within the scope of and on the basis of that consent, provided that a legal basis is required and we have no legal basis other than that consent. Consent may be withdrawn at any time; however, this has no effect on processing already carried out.

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Cookies, tracking and other technologies relating to the use of our services

On our websites and apps, we typically use “cookies” or similar technologies that identify your browser or device. A cookie is a small file sent to your computer, or more precisely sent by your web browser and automatically stored on your computer, when you visit our websites and apps. Cookies make it easier for you to use the internet because they store your settings, preferences, details, etc. When you visit these websites or our apps again, we can recognise you thanks to these cookies, even if we do not know who you are (anonymisation). In addition to cookies that are only used during a session and deleted after your visit (“session cookies”), cookies may also be used to store user settings or other information (permanent cookies).

You can, however, set your browser to reject cookies, to store them for a single session only or to delete them early. Most browsers are set to accept cookies. We use permanent cookies to better understand how you use our offers and content, and to be able to display personalised offers and advertising (which may also happen on other companies' websites; these companies do not, however, learn from us who you are, insofar as we know it ourselves, as they only see that a user who previously visited one of our sites is now on their site). If you choose to block cookies, certain functions (e.g. language selection, shopping cart, ordering process) may be disabled. We use location information, e.g. your current position or places visited, to personalise our services for each user. We allow companies advertising on our websites to collect data about our users by means of “targeting cookies” for analysis purposes. Advertisements placed by these companies are clearly identifiable or labelled as such on the websites.

Our websites use in particular the following types of cookies:

Necessary: necessary cookies help make a website usable by enabling basic functions such as page navigation and access to secure areas of the website. The website cannot function properly without these cookies.

Preferences: preference cookies allow a website to remember information that changes the way the website behaves or looks, such as your preferred language or the region you are in.

Statistics: statistics cookies help website operators understand how visitors interact with websites by collecting and reporting information anonymously.

Unclassified: unclassified cookies are cookies that we are currently in the process of classifying, together with the providers of individual cookies.

Marketing: marketing cookies are used to track users across websites in order to show them relevant advertising that matches their preferences and is therefore more valuable for publishers and other advertisers.

Social media plug-ins

On our websites, we also use plug-ins for social networks such as Facebook, X (formerly Twitter), YouTube, Snapchat, Pinterest and Instagram. We have configured these elements to be disabled by default. If you activate the plug-ins (by clicking or tapping), the operators of the social networks concerned can see that you are using our offers (websites/apps) and how you are using them. The processing of your personal data is then the responsibility of that operator, in accordance with its data protection provisions. We do not receive any information about you from the operator.

Below is a list of the marketing and social media plug-ins that may be integrated into our web pages:

Facebook remarketing/retargeting/pixel

Our websites and apps may contain remarketing tags from the social network Facebook. When you visit our pages, the remarketing tags create a direct connection between your browser and the Facebook server. Facebook is thereby informed, via your IP address, that you have visited our site and/or made a purchase. Facebook can then link your visit to our pages, and any purchase, to your Facebook user account. We may use the information obtained in this way to display Facebook ads and for marketing analysis and other targeting measures. Please note that we have no knowledge of the content of the data transmitted or of how Facebook uses it.

The controller for your data is Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. Further information can be found in Facebook's privacy policy at https://www.facebook.com/about/privacy.

YouTube

YouTube may be embedded in our pages. YouTube is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. YouTube's privacy policy applies. Further information can be found at: https://www.youtube.com/intl/de_be/howyoutubeworks/user-settings/privacy.

Instagram

Our websites may use functions of the Instagram service, operated by Meta Platforms Ireland Limited. The corresponding plug-ins are marked with an Instagram logo, for example in the form of an “Instagram camera”. If you visit a page of our website that contains such a plug-in, your browser establishes a direct connection with Instagram's servers. The content of the plug-in is sent by Instagram directly to your browser and integrated into the page. In this way, Instagram is informed that your browser has accessed the corresponding page of our website, even if you do not have an Instagram profile or are not logged in to Instagram. This information (including your IP address) is sent by your browser directly to an Instagram server in the United States, where it is stored.

If you are logged in to Instagram, Instagram can directly link your visit to our website to your Instagram account. If you interact with the plug-ins, for example by clicking the “Instagram” button, this information is also sent directly to an Instagram server, where it is stored. The information is also published on your Instagram account and shown to your contacts.

We expressly point out that, as the provider of this website, we have no knowledge of the content and scope of the data transmitted or of its use by Instagram. Further information can be found in Instagram's privacy policy at https://help.instagram.com/155833707900388 and in the general information at https://help.instagram.com. If you do not want Instagram to link the data collected on our website directly to your Instagram account, you must log out of Instagram before visiting our website. You can also block Instagram plug-ins from loading entirely with browser extensions such as the “NoScript” blocker (https://noscript.net).

4. Integration of third-party services and content

In order to offer you information that is as interesting and complete as possible, we sometimes use third-party content, such as YouTube videos, Google Maps, RSS feeds or graphics from other websites. This always requires the providers of this content (hereinafter “ third-party providers ”) to know your IP address. Without this IP address, third-party providers cannot send content to your browser. We integrate this content into our site to provide you with useful information or to make a task easier for you, without any further processing of data. Our legitimate interest lies in being able to offer you this content as a service. Some services are also only activated in the sense described above if you actively select them; in that case, the processing is based on consent. If you do not wish to use this content, you can adjust your browser settings accordingly. We endeavour to use only content whose providers use the IP address solely to deliver the content. However, we have no influence over whether third-party providers store the IP address, for example for statistical purposes. Where we are aware of this, we inform users.

Newsletter

From time to time, whether or not you are an existing customer, and on the basis of your consent, we send you tips, notes and information about our services and offers through various communication channels such as email (newsletter), downloadable documents and push notifications (apps).

When you subscribe to a newsletter on our website, we send you a confirmation email in which you must confirm your subscription (double opt-in). You can unsubscribe from the newsletter at any time. At the bottom of the newsletter, you will find the link “Unsubscribe from the newsletter”. You can set your mobile device at any time so that you do not receive push notifications. Unsubscribing from the newsletter or blocking push notifications does not automatically delete your personal data. To request deletion, you can contact the address given at the beginning of this policy (section 1). Withdrawal does not affect the lawfulness of processing carried out before the withdrawal.

In our newsletters and other marketing emails, where permitted, we include some visible and invisible image elements which, when retrieved from our servers, tell us whether and when you opened the email, so that here too we can measure and better understand how you use our offers and tailor them to your needs. You can block these elements in your email program. By agreeing to receive newsletters and other marketing emails, you agree to the use of these techniques.

Documents containing information are regularly made available for download on our websites. In return, and on the basis of your consent, we record data such as your name, address, ownership structure, telephone number, email address, etc., and use it for marketing purposes, in particular to personalise the newsletter, build a customer profile and share this data internally in order to offer you products. Downloading the documents implies your consent. You can withdraw your consent by contacting the address given at the beginning of this policy (section 1).

5. Disclosure and transfer of data abroad

In the course of our business activities and for the purposes set out in section 3, we also disclose data to third parties, where permitted and where we consider it appropriate, either because they process it on our behalf or because they wish to use it for their own purposes. These include in particular:

• our service providers (within Bula Concept Audiovisuel SA and external, e.g. banks, insurers), including processors (e.g. IT providers);
• distributors, suppliers, subcontractors and other business partners;
• customers;
• Swiss and foreign authorities, agencies and courts;
• the media;
• the public, including visitors to websites and social networks;
• competitors, industry bodies, associations, organisations and other bodies;
• buyers or parties interested in acquiring business units, companies or other parts of Bula Concept Audiovisuel SA;
• other parties in potential or actual legal proceedings;

all collectively referred to as recipients.

Some of these recipients are in Switzerland, but they may be located anywhere in the world. In particular, you should expect your data to be transferred to other European countries and to the United States, where the service providers we use, such as Adobe, Microsoft and SAP, are located.

If a recipient is located in a country without adequate data protection legislation, we contractually require them to comply with the applicable data protection rules (for this purpose we use the revised standard contractual clauses of the European Commission, available here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj), unless they are already subject to a recognised regulatory framework ensuring data protection and we cannot rely on an exemption. An exemption may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interest, where the performance of a contract requires such disclosure, where you have given your consent, or where the data has been made public by you and you have not objected to its processing.

6. Retention period for personal data

We process and store your personal data for as long as is necessary to fulfil our contractual and legal obligations or for the purposes of the processing, in particular for the entire duration of the business relationship (from preparation through performance to termination of a contract) and beyond, in accordance with legal retention and documentation obligations. Personal data may be retained for the period during which claims can be asserted against our company, and insofar as we are otherwise required to do so by law or legitimate business interests require it (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the above purposes, it is deleted or anonymised. For operational data (e.g. system logs), shorter retention periods of twelve months or less generally apply.

7. Data security

We take appropriate technical and organisational measures to protect your personal data against unauthorised access and misuse, including issuing guidelines, training, access restrictions and controls.

8. Obligation to provide personal data

In the context of our business relationship, you must provide the personal data that is required to establish and conduct a business relationship and to fulfil the related contractual obligations (as a rule, you have no legal obligation to provide us with data). Without this data, we will generally be unable to conclude or perform a contract with you (or with the entity or person you represent). Nor can the website be used if certain information needed to ensure data traffic (such as the IP address) is not disclosed.

9. Profiling

We process your personal data in a partly automated way in order to assess certain personal aspects (profiling). In particular, we use profiling to inform and advise you about our products in a targeted way. To do this, we use evaluation tools that allow us to tailor communication and advertising to your needs, including market research and opinion polls.

10. Rights of the data subject

Within the framework of the data protection legislation applicable to you, you have the right of access, rectification and erasure, the right to restrict processing, the right to object to our data processing and the right to request certain personal data in order to transfer it to another body (data portability).

Please note, however, that we reserve the right to enforce the restrictions provided for by law, e.g. where we are legally required to retain or process certain data, have an overriding interest in doing so or need it to assert claims. If you incur any costs, we will inform you in advance. Where data collection is based on your consent, you have the right to withdraw that consent at any time. Withdrawal does not affect the lawfulness of data collection carried out up to that point. You can withdraw your consent at any time by contacting the address given at the beginning of this policy. Please note that exercising these rights may conflict with certain contractual agreements. If so, we will inform you in advance, unless this is already stipulated in the contract.

Exercising these rights generally requires you to prove your identity clearly (e.g. by providing a copy of an identity document that allows your identity to be confirmed or verified). To assert your rights, you can contact us at the address given in section 1.

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 data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home.html).

11. Automated individual decisions

To ensure that our decision-making processes are efficient and consistent, we may also make certain decisions in a fully automated way (computer-assisted, according to certain rules and without human intervention or review by staff). These decisions may also be based on profiles.

In the case of an automated individual decision, you will be informed separately if it has negative legal consequences for you or a comparably significant adverse effect. In that case, you can express your point of view on the outcome of the decision and request that an employee of Bula Concept Audiovisuel SA review it.

12. Changes

We may amend this privacy policy at any time without notice. The current version published on our websites and in our apps applies. Where this privacy policy forms part of an agreement with you, we will inform you of any updates by email or by other appropriate means.