Last updated: 3 May 2018

FairControl GmbH, Bussardstrasse 5, D-82166 Graefelfing, Germany (“FairControl”) is a consulting and market research agency specialized in performance evaluation and impact analysis in the area of live communication, providing those services to its corporate or association clients (the “Client”). FairControl is part of MCI Group Holding SA, 9, Rue du Pré-Bouvier, 1242 Satigny, Geneva, Switzerland (“MCI”) which is an event and association management company (you can find out more about MCI’s privacy policy here: https://www.mci-group.com/privacy-statement).

It is FairControl’s utmost concern to constantly improve its services in order to best meet the needs of its Clients. To this end, FairControl may collect and store certain information, including personal data of people like you. FairControl takes the protection of your personal data very seriously in all of its business processes. This Data Protection Statement is meant to help you understand how data are collected, processed and stored to meet legal requirements and FairControl’s data protection standards.

By providing personal data to FairControl, you agree to be legally bound by and explicitly consent to this Data Protection Statement, as it may be amended from time to time. If you do not agree to this Data Protection Statement or cannot form a legally binding contract, FairControl would not be able to process your personal data.

 

1. Scope of this Data Protection Statement

This Data Protection Statement applies to all services offered by FairControl.

This Data Protection Statement does not apply to services offered by other companies or individuals. This Data Protection Statement does not cover the information practices of other companies and organizations who advertise FairControl services or any third party operating any website to which the FairControl website or other digital asset may contain a link.

2. Data collected and method of collection

FairControl processes personal data in accordance with the EU General Data Protection Regulation (GDPR).

2.1  In general

  • FairControl collects general and personal data concerning you from:
  • you when you provide your details to FairControl, e.g. as a Client or an interested person;
  • participants at Client’s meetings and events or visitors of Client’s exhibition stands;
    its Clients or their third parties (in such cases, Client must ensure that it is entitled to disclose such data and that you are aware of the various matters detailed in this Data Protection Statement).

Following the reception of the data, an electronic profile is created in FairControl’s proprietary tools for each person or entity (the “Contact Profile”). The Contact Profile may contain but is not limited to:

  • personal master data (e.g. first name, surname, gender, country);
  • communication data (e.g. email address, address, phone numbers);
  • organization or company of employment;
  • customer status;
  • field of activity and/or interest in products / services;

In some cases, the Contact Profile may contain also self-declared information (i.e. data from a registration / a lead form / a survey) in addition to above mentioned aspects (e.g. as part of lead management services performed on behalf of Clients).

2.2  Personal data processed on behalf of Clients,  e.g. within market research or lead management projects

When FairControl is conducting market research studies for its Clients this sometimes involves transmission of relevant personal data to FairControl (e.g. to send out survey invitations for customer experience or employee engagement surveys).

When FairControl is providing lead management services to its Clients this always involves transmission of relevant personal data to FairControl (e.g. to digitalize business card details).

In any of these cases, FairControl will be the Processor (i.e. acting on behalf of its Client) and may only process these personal data in accordance with the instructions agreed with or received from the Client. Such instructions are documented in writing and agreed before any relevant contractual arrangements are accepted by FairControl, to ensure that FairControl is actually able to comply with any Client specific restrictions or requirements. Irrespective of any Client requirements, any personal data may only be:

a) Processed for the purpose they were provided for;

b) Not be kept for longer than is required for the purpose;

c) Are subject to the same security measures as applicable to FairControl’s own personal data.

2.3  Cookies Policy

We use cookies on our Website. By continuing to browse our website or close the cookies banner, you consent to the use of cookies.

Our Cookies Policy explains what cookies are, how we use cookies, how third ­parties we may partner with may use cookies on the service, your choices regarding cookies and further information about cookies.

What are cookies

Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the service or a third­ party to recognise you and make your next visit easier and the service more useful to you. Cookies can be “persistent” or “session” cookies.

How FairControl uses cookies

When you access our website, FairControl and FairControl’s third party service providers may collect data of a technical nature in a variety of ways. We use cookies for the following purposes:

  • to enable certain functions of the website,
  • to provide analytics,
  • to store your preferences and personalize the content,
  • to improve the user experience.

We use both session and persistent cookies on the Service and we use different types of cookies to run the Service: ­

Essential cookies
We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.

Third­ party cookies
In addition to our own cookies, we may also use various third­ parties cookies to report usage statistics of the service, deliver advertisements on and through the service, and so on.

What are your choices regarding cookies

If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser:

For Internet Explorer™ : https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
For Safari™ : https://support.apple.com/en-us/HT201265For Chrome™ : https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en
For Firefox™ : https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
For Opera™ : http://help.opera.com/Windows/10.20/en/cookies.html
etc…
Please note, however, that if you delete cookies or refuse to accept them, some features of the FairControl website may not work properly, you may not be able to store your preferences, and some of our pages might not display properly.

Where can you find more information about cookies

If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies. You can learn more about cookies and the following third­ party websites:

AllAboutCookies: http://www.allaboutcookies.org/
Network Advertising Initiative: http://www.networkadvertising.org/

3. Purpose of data collection

FairControl uses the data collected to provide, maintain, protect and improve the overall quality of its services. Data collection is also meant to protect FairControl and its users. FairControl does not collect more data than is necessary to fulfil such purposes.

In addition to creating Contact Profiles, FairControl uses your data for the following purposes and for which you give your consent:

a) Promotion and marketing: FairControl may use your data to send you marketing communications that may be of interest to you, including information about FairControl’s or its Client’s services. For example, FairControl uses third party service providers to present services and offers tailored to the preferences and interests indicated by you at its Client’s events or trade shows during a conversation with a staff member. If your data is processed as part of a market research study on behalf of a Client, FairControl will not use it for marketing and promotion purposes.

b) Technical data: FairControl, or third parties instructed by FairControl, evaluate this data purely for statistical purposes and only in an anonymised form, in order to optimize FairControl’s website and increase user-friendliness, efficiency and safety. FairControl may in particular use technical data to measure the success of FairControl marketing campaigns, compile statistics about FairControl website usage and response rates.

c) Other purposes: FairControl may use your data as FairControl believes to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce FairControl’s terms and conditions; (e) to protect FairControl’s operations; (f) to protect FairControl’s rights, privacy, safety or property, you or others; and (g) to allow FairControl to pursue available remedies or limit the damages that FairControl may sustain.

FairControl will ask your consent before using data for a purpose other than those that are set out in this Statement subject to mandatory laws.

4. Duration of storage

General and personal data will be kept by FairControl only as long as reasonably necessary taking into consideration its need to answer queries or resolve problems, to provide improved and new services and to comply with legal requirements under applicable laws or with inquiries from Clients on past projects. FairControl will retain general and personal data during a maximum period of five years if no specific legal requirement. You may cancel/delete your FairControl account by sending an email to datenschutz@faircontrol.de.

5. Location of storage and controller of data base

The Contact Profiles that FairControl maintains as FairControl’s own personal data (e.g. from its Clients or interested persons) are stored in Germany and at third party providers with data centers in the EU and the Unites States (Privacy Shield compliant). The purpose and content of FairControl’s central database are determined by FairControl.

The Contact Profiles that FairControl maintains on behalf of its Clients (e.g. when conducting market research studies or when providing lead management services) are stored in Germany and in a cloud-based central database at a third party provider’s location in Switzerland.

6. Your duties

You must ensure that the data you provide us with are:

  • correct;
  • accurate;
  • current;
  • truthful; and
  • compliant with any applicable laws.

In particular, since FairControl will mainly use email communications with you, you are required to notify us of any modification of your email address.

FairControl is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities. FairControl does not target the digital asset to children less than sixteen (16) years of age or knowingly collect information from children for the purpose of selling products or services.

7. Transfer and communication of data

7.1  In general

FairControl is based in Germany and part of MCI which is a worldwide company with offices in over 32 countries across Europe, the Americas, Asia, the Middle East and Africa. Your personal data may therefore be transferred to and outside of Switzerland, including in countries whose data protection laws may be different from, and less stringent than, those in your country of residence. You hereby agree and give your consent to FairControl to transfer and communicate your data as follows:

a.    Transfers within the MCI group: Transfers are made throughout MCI and its subsidiaries to support its activities and/or services.

b.    Transfer to third parties: FairControl works with certain third parties to obtain support services in connection with FairControl’s internal processes, such as CRM tool providers, or in connection with FairControl’s services to its Clients, such as online survey tool providers or lead management tool providers and, in some cases, personal data will be shared with these third parties in order to pursue FairControl’s mission and goals. FairControl may also transfer personal data to third parties at the request of its Clients, for example, for data consolidation services. FairControl may transfer your data to third parties for promotion and marketing purposes as outlined under 3a) above. FairControl may also transfer your data to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of FairControl or MCI business, assets or stock (including in connection with any bankruptcy or similar proceedings). Prior to a transfer, third parties (except for travel suppliers and authorized transfers such as within the EU) are required to sign a data transfer agreement with FairControl that requires them to follow the applicable data protection laws.

c.    Regulatory transfers: FairControl may be required by law to transfer data to governments and regulatory and/or supervisory authorities.

7.2.  Electronic transfer of data

If you visit FairControl’s website your data will be transported via an open publicly accessible network. The data might therefore be transmitted across national borders even if you and FairControl are located in Germany. This involves notably the risk that your data may be intercepted and read by third parties, allowing such third parties to infer an already existing or future business relationship between you and FairControl.

Furthermore, you are notified that information you transmit or allow to be transmitted to you by FairControl via an electronic medium, in particular via email, SMS, contact forms, etc. are usually unencrypted and therefore neither confidential nor secure. Even in the event of an encrypted transmission, sender and recipient remain unencrypted in each case. Third parties may therefore be able to infer an existing or future business relationship between you and FairControl.

If you provide FairControl with personal information, your personal data may be transferred by FairControl to countries whose data protection laws may be different from, and less stringent than, those in your country of residence as set forth above. Your personal data may in particular be transferred to the United States. You are hereby notified that your personal data might be accessed by governmental authorities in such countries (in particular by US authorities).

8. Security and organizational measures

To ensure the safety of your data on FairControl’s website and systems, FairControl has implemented appropriate technical, contractual, administrative, physical and organizational measures to protect your personal data from loss, destruction, unauthorized access, accidental or unlawful disclosure and manipulation. These measures are subject to continuous development in accordance with technological progress and are periodically reviewed to comply with all applicable privacy laws. However, we cannot and do not guarantee the security of your personal data and therefore cannot assume any liability in this respect.

Only authorized FairControl staff, third party companies’ (i.e. service providers) staff or Clients’ authorized staff (who have contractually agreed to keep all information secure) have access to your personal data. All FairControl staff who have access to your personal data are required to adhere to the staff confidentiality regulations and all third party employees who have access to your personal data have signed non-disclosure agreements. In addition, data transfer agreements are in place with third party companies that have access to your personal data to make sure these data remain secure.

9. Your rights

In accordance with applicable data protection laws and regulations, you have a right to request access to, rectification of your Data, or restriction of processing, and to object to said processing or to withdraw your consent to said processing as well as the right to data portability to the extent applicable. Moreover, you have a right to lodge a complaint with a supervisory authority.

Under certain conditions you also have the right to have your personal data that is stored by FairControl blocked and deleted, unless FairControl has to keep these data for legitimate business or legal purposes. For more information, you should contact the Data Protection Officer at the below-mentioned email address.

To contact FairControl with questions or issues about FairControl’s data processing, you should contact the Data Protection Officer at the following email address: datenschutz@faircontrol.de.

By contacting the Data Protection Officer at the above-mentioned email address, you may opt-out from receiving future invitations for market research studies. FairControl gives you many choices regarding FairControl’s use and disclosure of your personal data for marketing purposes. By contacting the Data Protection Officer at the above-mentioned email address, you may opt-out from receiving future electronic marketing messages from FairControl, and request that we not share your personal data with unaffiliated third parties for their marketing purposes. FairControl will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out as described above, FairControl will not be able to remove your personal data from the databases of unaffiliated third parties with which FairControl has already shared your personal data (i.e., to which we have already provided your personal data as of the date that we implement your opt-out request). Please also note that if you do opt-out of receiving marketing-related messages from FairControl, we may still send you important administrative messages, and you cannot opt-out from receiving administrative messages.

10. Changes

This Statement may be revised and updated by FairControl from time to time to comply with statutory data protection and privacy laws. FairControl will post any statement changes on its website.

11. Contact

If you need further assistance, please contact our Data Protection Officer at datenschutz@faircontrol.de.