BRAINFORCE Legal disclaimer
Interim Management Service Provider
1. Legal information
Although BRAINFORCE AG endeavors to ensure the accuracy and timeliness of the information contained on this site, it makes no warranty or liability for the accuracy of the information. BRAINFORCE AG excludes any liability or responsibility for any incorrect or incomplete contents of this site. Use and browsing on this site is at your own risk. Neither BRAINFORCE AG nor its business partners, who are involved in the design, production and provision of this site, accept any liability for any direct, incidental or indirect damages, consequential or damages arising out of accessing or using the site arise. All content on this site is provided to you on an “as is” basis, without any warranties, express or implied
c) External links
In addition, BRAINFORCE AG assumes no responsibility and is not liable for any viruses or other damage to your computer system or other property resulting from accessing, using or browsing the site, or downloading materials, data, text, images, video or audio material originate from the site. BRAINFORCE AG has not reviewed any of the web sites linked to this site, and is not responsible for their content or the privacy practices of off-site pages or other sites linked through links to this site. Use of the site, off-site pages or other sites is at your own risk and without permission from BRAINFORCE AG.
1. Legal information
Telefon: +41 448 41 41
You can contact our company data protection officer at:
Attn.: Data Protection Officer
Telefon: +41 448 41 41
2. Which sources and data do we use?
BRAINFORCE AG collects personal data directly from you. In doing so, we exclusively record those personal data which are necessary for the respective purpose of the Pool Membership Agreement entered into by you and BRAINFORCE AG (the “Contract” – principle of data economy) or which you have voluntarily provided us with in the course of our business relationship. BRAINFORCE collects and processes:
- applicant data such as name, address, other contact information (telephone, e-mail address), date of birth, nationality;
- data on professional career (including school and university education, work certificates, letters of recommendation, other qualifications, etc.);
- Information on consent to advertising, use of your e-mail address for advertising by BRAINFORCE AG (for example, newsletters);
- Content data (such as contact form or e-mail) will be used to comply with the information provided by the user for processing the contact request and processing it.
In general, you provide us with this data starting with the as an individual to become a Pool Member with BRAINFORCE AG. The information can be stored in our Customer Relationship Management System (“CRM System”) or comparable request organization. In certain cases, however, we may receive personal information from third parties. As part of the Contract start-up phase and during the business relationship, in particular by personal, telephone or written contacts, initiated by you or by us, further personal data, e.g. Information about contact channel, date, cause and result, (electronic) copies of correspondence and information about participation in direct marketing activities may be collected.
3. We collect and process your data for the following purposes:
- the conclusion of the Contract, the performance of the Contract and customer service;
- for information about services provided by BRAINFORCE AG and its business partners;
- placement of vacant positions for interim managers;
- to fulfill legal obligations or regulatory requirements.
We process the above-outlined personal data in accordance with the provisions of the GDPR and the BDSG.
The processing is carried out regularly to fulfill the contractual obligations we have assumed from you (Art. 6 (1) (b) GDPR).
Insofar as necessary, we process your data beyond the actual performance of the Contract for the protection of legitimate interests of us or third parties (Article 6 (1) f) of the GDPR), such as the assertion of legal claims and defense in legal disputes or prevention of crimes.
Insofar as you have given us consent to the processing of personal data for specific purposes (e.g. inclusion of your applicant data in our applicant database or transfer of your applicant data to potential interested parties and business partners of BRAINFORCE AG), the legality of this processing is based on your consent (Art. 6 para. 1 lit. a) GDPR). A given consent can be revoked at any time. This also applies to the revocation of declarations of consent, which were given to us before the validity of the GDPR, i.e. before May 25, 2018. Please note that the revocation only works for the future. Processing that occurred before the revocation is not affected.
4. Relevant legal bases
In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 GDPR, the legal basis for the processing for the performance of our services and the performance of contractual measures as well as the response to inquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing in order to fulfill our legal obligations is Art. 6 (1) lit. c GDPR, and the legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR as legal basis.
6. Security Measures
We take into account, in accordance with Art. 32 GDPR, the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different likelihood and severity of the risk to the rights and freedoms of individuals to implement the appropriate technical and organizational measures to ensure a level of protection commensurate with the risk. The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling the physical access to the data, as well as their access, input, disclosure, securing of availability and their separation. We have also set up procedures to ensure the enjoyment of data subject rights, data deletion and data vulnerability. Furthermore, we consider the protection of personal data already in the development, or selection of hardware, software and procedures, according to the principle of data protection by technology design and by privacy-friendly default settings considered (Article 25 GDPR).
7. Recipient of personal data
Your personal data is collected by BRAINFORCE AG. It stores all data necessary for contract fulfillment and customer care in its IT systems. Within BRAINFORCE AG, those entities gain access to your data, which they need to fulfill our contractual and legal obligations.
In order to provide our contractual services, BRAINFORCE AG makes use of selected service companies which, to the extent required, may access your data and use it exclusively for the performance of the orders we have placed. Potential data recipients are therefore
- applicants with vacant management positions;
- IT services and consulting companies;
- external service provider and business partners;
- business consultancy and business and tax audit firms;
- authorities, regarding financial matters.
In the event of default of payment, we reserve the right to transfer your data to debt collection agencies or lawyers for the purpose of recovery.
All service companies commissioned by us are checked for their data protection standards before the contract is awarded and are obliged to comply with the statutory data protection requirements. Any further disclosure of data to third parties commissioned by us will not take place, unless we are legally entitled or obliged to do so or you have given us your prior consent.
8. Duty to Provide Personal Information
In the course of our business relationship, you must provide the personal information necessary to establish, conduct and terminate a business relationship and to perform the related contractual obligations or that we are required to collect by law. Without this data, we will generally have to refuse to conclude the contract or to execute the order or to be unable to complete an existing contract and possibly terminate it.
9. Automated decision-making
In principle, we do not use fully automated decision-making pursuant to Art. 22 GDPR to justify and implement the business relationship.
10. Transfers to Third Countries
Insofar as we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or in the context of the use of third party services or disclosure, or transmission of data to third parties, this will only be done if it is to fulfill our (pre) contractual obligations, on the basis of your consent, under a legal obligation or based on our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the special conditions of Art. 44 et seq. GDPR. I.e. the processing takes place e.g. on the basis of specific guarantees, such as the officially recognized level of data protection (e.g. for the US through the Privacy Shield) or compliance with officially recognized special contractual obligations (so-called “standard contract clauses”).
11. Storage and Deletion of Data
BRAINFORCE AG stores your data for the period of the existing business relationship as well as the existence of a legitimate interest (e.g. outstanding payments) beyond the duration of the business relationship.
We process and store your personal information as long as it is necessary for the fulfillment of our contractual and legal obligations. It should be noted that our business relationship is a continuing obligation, which is designed for several years. If the data are no longer required for the fulfillment of contractual or legal obligations, these are deleted unless their temporary processing is further necessary for the following purposes:
Switzerland: According to legal requirements, the storage takes place in particular for 10 years in accordance with Art. 958f OR (business records, transaction documents, business documents and other documents in conjunction with the value added tax), 20 years for business records related to immovable property, 15 years for tax documents (in the canton of Zurich) and unlimited for vouchers for the account balance at the time of marriage, pension fund records, supporting documents on paid inheritances and donations as well as receipts of more expensive purchases for household contents insurance in the event of a claim.
Germany: According to legal requirements, the storage takes place in particular for 6 years according to § 257 Abs. 1 HGB (trading books, inventories, opening balance sheets, annual accounts, trade letters, accounting documents, etc.) and for 10 years according to § 147 Abs. 1 AO (books, records , Management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.). Preservation of evidence under the statute of limitations. According to §§ 195 ff. Of the Civil Code (BGB), these limitation periods can be up to 30 years, with the regular limitation period being three years.
12. Storage and deletion of data
Each data subject has
- the right to information according to Art. 15 GDPR,
- the right of correction according to Art. 16 GDPR,
- the right of cancellation according to Art. 17 GDPR,
- the right of limitation of the Processing pursuant to Art. 18 GDPR,
- the right to object to Art. 21 GDPR, and
- the right to data portability under Art. 20 GDPR.
With regard to the right to information and the right to erase, the restrictions under §§ 34 and 35 BDSG apply. In addition, there is a right of appeal to a data protection supervisory authority (Art. 77 GDPR i.V.m. § 19 BDSG).
You may revoke your consent to the processing of personal data at any time. This also applies to the revocation of consent in accordance with. (Art. 7 (3) GDPR) which were granted to us before the application of the GDPR, i.e. before 25 May 2018. Please note that the revocation only works for the future.
13 . Cookies and right to object to direct advertising
Cookies are information that is transferred from our web server or third-party web servers to the users’ web browsers and stored there for later retrieval. Cookies can be small files or other types of information storage.
We use “session cookies”, which are only stored for the duration of the current visit on our online presence. In a session cookie, a randomly generated unique identification number is stored, a so-called session ID. In addition, a cookie contains information about its origin and storage period. These cookies cannot save any other data. Session cookies are deleted when you have finished using our online offer and, for example, close the browser.
If users do not want cookies stored on their computer, they will be asked to disable the option in their browser’s system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
14. Comments and Contributions
When users leave comments or other contributions, their IP addresses are based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR stored for 7 days. This is for our own safety, if someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.). In this case, we can be prosecuted for the comment or post and are therefore interested in the identity of the author.
15. Collection of access data and log files
We collect data based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR on every access to the server on which this service is located (so-called server log files). The access data includes name of the retrieved web page, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Logfile information is stored for security reasons (e.g. to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further retention is required for evidential purposes shall be exempted from the cancellation until final clarification of the incident.
16. Online presence in social media
Based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR online presence within social networks and platforms in order to communicate with the active customers, prospects and users and to inform them about our services. When calling the respective networks and platforms, the terms and conditions and the data processing guidelines apply to their respective operators.
17. Google Analytics
Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation
Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer and the internet usage. In this case, pseudonymous user profiles of the processed data can be created.
We only use Google Analytics with activated IP anonymization. This means that the IP address of the users will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.
The IP address submitted by the user’s browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; Users may also prevent the collection by Google of the data generated by the cookie and related to their use of the online offer, as well as the processing of such data by Google by using the browser P available under the following link:
For more information about Google’s data usage, hiring and opt-out options, please visit Google’s websites: https://www.google.com/intl/en/policies/privacy/partners (“Google’s use of your data when you use websites or apps Our Partners “), https://policies.google.com/technologies/ads (“Advertising Use of Data”), https://adssettings.google.com/authenticated (“Managing information Google uses to show you advertising “).
Incidentally, the personal data will be deleted after 38 months.
The following information will inform you about the contents of our newsletter as well as the registration, shipping and statistical evaluation procedures as well as your right to object. By subscribing to our newsletter, you agree to the receipt and the procedures described.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter “newsletter”) only with the consent of the recipient or a legal permission. Insofar as the contents of a newsletter are concretely described, they are authoritative for the consent of the users. Incidentally, our newsletters contain information about our offers, our company and our business partners.
Double opt-in and logging: Registration for our newsletter is done in a so-called double-opt-in procedure. After registration, you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with external e-mail addresses. The registration for the newsletter will be logged in order to prove the registration process according to the legal requirements. This includes the storage of the login and the confirmation time, as well as the IP address. The dispatch of the newsletter and the success measurement are made on the basis of a consent of the recipients acc. Art. 6 para. 1 lit. a, Art. 7 GDPR in connection with § 7 Abs. 2 Nr. 3 UWG or on the basis of the legal permission according to Art. § 7 Abs. 3 UWG.
Termination / Revocation – Newsletter recipients may terminate the receipt of our newsletter at any time, ie. Revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. At the same time, their consent to success measurement expires. A separate revocation of the performance measurement is unfortunately not possible, in this case, the entire newsletter subscription must be terminated. By unsubscribing from Newsletter, the personal data will be deleted, unless their retention is legally required or justified, in which case their processing is limited only to these exceptional purposes. In particular, we may save the e-mail addresses sent for up to three years based on our legitimate interests before deleting them for purposes of sending out the newsletter in order to provide evidence of prior consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for cancellation is possible at any time, provided that at the same time the former existence of a consent is confirmed.
19. Integration of services and contents of third parties
We make content or service offers of third parties within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer in terms of Art. 6 (1) lit. GDPR) to provide their content and services, such as videos or fonts (collectively referred to as “content”).
This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include, but is not limited to, technical information about the browser and operating system, referring web sites, visit time, and other information regarding the use of our online offer.
The following presentation provides an overview of third-party providers as well as their contents, as well as links to their data protection statements, which contain further information on the processing of data and, for already mentioned here, opt-out options include:
Within our online offer functions of the service, or the platform Twitter may be involved (hereinafter referred to as “Twitter”). Twitter is an offer from Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, United States. Features include displaying our posts within Twitter within our online offering, linking to our profile on Twitter, as well as the ability to interact with Twitter’s posts and features, as well as measuring whether users are using the ads we’ve posted on Twitter access our online offer (so-called conversion measurement). Twitter is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation
BRAINFORCE 2018 | All rights reserved