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Privacy Policy and Terms & Conditions

Here you will find all information about data protection and our terms and conditions.

 

PRIVACY POLICY

The responsible body within the context of the data protection laws is:
Ivano Celia, owner and managing director of MediaBros GmbH

 

Legal Information

When you visit this website, you accept the following terms and conditions without reservation.

Information

Our website contains information about our company, our services and our products. This information, services and products do not constitute a recommendation or an offer in the legal sense or a request to conclude any legal transaction. MediaBros. assumes no liability (neither expressly nor implicitly) for the correctness, completeness and topicality of the information provided on the MediaBros. websites and expressions of opinion published on them. In particular, MediaBros. is not obliged to remove outdated information from the websites or to expressly mark them as such. The information on the websites does not constitute a decision-making aid for economic, legal, tax or other consulting issues.

Copyright and Intellectual Property Rights

The entire content of MediaBros. websites is protected by copyright. The information contained on the websites is provided by us exclusively for private use and for information purposes and may only be downloaded for non-commercial use. The complete or partial reproduction, transmission (electronically or otherwise), modification, linking or use of the MediaBros. websites for public or commercial purposes is prohibited without the prior written consent of MediaBros. Copyright notices and other legally protected designations must be retained and reproduced when downloading and printing individual pages or parts thereof. MediaBros. gives no guarantee or assurance that your use of the content displayed on the websites cannot infringe the rights of third parties who are not MediaBros. Group or are affiliated with it. Prior express permission must be obtained for setting a link on a third-party website to a MediaBros. website.

Further liability exclusions

MediaBros. cannot guarantee that information, software, documents and other data are free of viruses or other harmful components. In no event shall MediaBros. be liable for any direct or indirect or consequential damages arising in any way from the use of the Internet and its websites. This exclusion of liability also includes Internet failures of any kind as well as misuse by third parties. MediaBros. draws particular attention to the dangers of viruses and hacker attacks. You can access other websites linked to MediaBros' websites via links on our websites. MediaBros. is neither responsible for the content or availability of such external websites nor does it approve, support or confirm the information contained on such websites.

Addressees

The websites of MediaBros. are not intended for persons who are not permitted to access them under the legal system applicable to them. Unless otherwise stated, the product information and products provided by MediaBros. via the Internet are only valid for persons and companies with a (residential) domicile in Switzerland or the Principality of Liechtenstein.

Changes to the Website

MediaBros. reserves the right to change its websites at any time and without prior notice.

Applicable Law and Place of Jurisdiction

All legal relationships arising from access to the MediaBros. websites are subject to Swiss law - insofar as MediaBros. companies within Switzerland are affected. Exclusive place of jurisdiction is either St. Gallen or Basel. If other companies of MediaBros. Group are affected, the law at the registered office of the company concerned shall apply. The place of jurisdiction in this case is the registered office of the company concerned.

 

Privacy Policy

Acquisition of General Information

When you access our website, information of a general nature is automatically collected. This information (server log files) includes:

  • Internet Protocol address (IP address anonymized)
  • User name (UserID only if a conversion has been made by the user)
  • Date and time of access
  • Name of the called file (called URI)
  • Access status (e.g. OK, partial content, document not found)
  • Page from which the access was made (top-level domain such as *.ch, *.fr, *.com)
  • Used Web browser
  • Operating system in use

This is exclusively information which does not allow any conclusions about your person. This information is technically necessary in order to provide you with the requested information.

Cookies

Like many other websites, we also use "cookies". Cookies are small text files that are transferred to your hard drive from a website server. This automatically provides us with certain data such as IP address, browser used, operating system via your computer and your connection to the Internet.

Cookies cannot be used to start programs or transfer viruses to a computer. We can use the information contained in cookies to make navigation easier for you and to enable our websites to be displayed correctly.

Under no circumstances will the data we collect be passed on to third parties or linked to personal data without your consent.

Of course, you can always view our website without cookies. Internet browsers are regularly set to accept cookies. You can deactivate the use of cookies at any time via the settings of your browser. Please use the help functions of your Internet browser to find out how to change these settings. Please note that individual functions of our website may not work if you have deactivated the use of cookies.

Here you can find some support articles of frequently used browsers on this:

Firefox: https://blog.mozilla.org/security/2018/10/23/firefox

Safari: https://www.theverge.com/apple-safari-intelligent-tracking-privacy-full-third-party-cookie-blocking

Chrome: https://www.google.com/chrome/privacy/

Microsoft Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

We have compiled the websites listed above for information purposes. They are not within our sphere of influence and we accept no responsibility for their content. 

Registration on Our Website

When registering to use our personalized services, some personal data is collected, such as name, address, contact and communication data such as telephone number and e-mail address. If you are registered with us, you can access content and services that we only offer to registered users. Registered users also have the option of changing or deleting the data provided during registration at any time if necessary. Of course, we will also provide you with information about the personal data we have stored about you at any time. We will also be pleased to correct or delete this data at your request, provided that there are no legal obligations to retain it. To contact us in this context, please use the contact data given at the end of this data protection declaration.

Our website is operated by the software partner HubSpot.

HubSpot

We use HubSpot for our online marketing activities. This is an integrated software solution with which we cover various aspects of our online marketing.

These include among others:

  • Reporting (e.g. traffic sources, accesses, etc. ...)
  • Contact management (e.g. user segmentation & CRM)
  • Contact forms
  • Personalization of website content
  • Email newsletter
  • Dynamic web content that is based on the interests of the users

Our registration service allows visitors to our website to learn more about our online marketing portal, download content and provide their contact information and other demographic information.

This information is stored on servers of our software partner HubSpot. We may use this information to contact visitors to our website and to determine which services or offers are of interest to them.

All information collected by us is subject to this Privacy Policy. We use all information collected solely to improve our marketing.

HubSpot is a U.S. software company with offices in Germany, Ireland and several other countries around the world and is certified under the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework and is subject to TRUSTe's Privacy Seal.

Commentary Functions

When users leave comments in the blog, the time of their creation and the users' contact details are stored in addition to this information. This is for our security, as we can be prosecuted for illegal content on our website, even if it was created by users.

Newsletter

If you register to receive our newsletter, the data you provide will be used exclusively for this purpose. Subscribers can also be informed by e-mail about circumstances relevant to the service or registration (for example, changes to the newsletter offer or technical conditions).

For an effective registration we need a valid e-mail address. In order to verify that a registration is actually made by the owner of an e-mail address, we use the "double opt-in" procedure. For this purpose, we log the ordering of the newsletter, the sending of a confirmation e-mail and the receipt of the hereby requested answer. Further data is not collected. The data will be used exclusively for sending the newsletter and will not be passed on to third parties.

You can revoke your consent to the storage of your personal data and its use for sending the newsletter at any time. There is a corresponding link in every newsletter. You can also inform us of your wish to do so by using the contact option at the end of this data protection notice.

Contact Form

If you contact us by e-mail or contact form, the information you provide will be stored for the purpose of processing your inquiry and for possible follow-up questions.

Provision of Chargeable Services

In order to provide services that are subject to a charge, we ask for additional data, such as payment details.

SSL Encryption

To protect the security of your data during transmission, we use state-of-the-art encryption procedures (e.g. SSL) via HTTPS.

Deletion or Blocking of Data

We adhere to the principles of data avoidance and data economy. We therefore only store your personal data for as long as is necessary to achieve the purposes stated here or as required by the various storage periods provided for by law. After the respective purpose has ceased to exist or these periods have expired, the corresponding data is routinely blocked or deleted in accordance with the statutory provisions.

NO use of Google Analytics

This website no longer uses Google Analytics due to the non-transparent use of data.

Use of Google Maps

This website uses Google Maps API to visually display geographic information. When using Google Maps, Google also collects, processes and uses data on the use of the map functions by visitors. Further information about data processing by Google can be found in the Google data protection information. There you can also change your personal data protection settings in the data protection centre.

Detailed instructions on how to manage your own data in connection with Google products can be found here.

Embedded YouTube Videos

On some of our websites we embed Youtube videos. The operator of the corresponding plugins is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. When you visit a page with the YouTube plugin, a connection is established to Youtube servers. This tells Youtube which pages you visit. If you are logged in to your YouTube account, Youtube can assign your surfing behavior to you personally. You can prevent this by first logging out of your Youtube account.

If a Youtube video is started, the provider uses cookies that collect information about user behaviour.

If you've disabled cookies for the Google Ad program, you won't be able to expect to receive cookies when you watch Youtube videos. However, Youtube also stores non-personal usage information in other cookies. If you want to prevent this, you must block the storage of cookies in your browser.

Further information on data protection at "Youtube" can be found in the provider's privacy policy at:
https://www.google.de/intl/de/policies/privacy/

Web Analysis Service Hotjar

We use on our websites Hotjar, a web analytics tool provided by Hotjar Ltd, Level 2, St Julians Business Centre, 3, Elia Zammit Street, St Julians STJ 1000, Malta ("Hotjar"). Hotjar is used to anonymously record interactions of randomly selected, individual users with the website so that a log of, for example, mouse movements and clicks can be generated. The aim of this protocol is to identify areas for improvement of the respective website. In addition to the click and scroll data, information on the operating system, browser, incoming and outgoing links, geographical origin, as well as resolution and type of device are evaluated for statistical purposes. All information generated by the "tracking code" and "cookie" about the user's visit to ours is transmitted to the Hotjar servers in Ireland and stored there. This information is not personal and Hotjar will not share it with any third party.

If you do not wish a recording to be made, you can deactivate it on all Internet sites that use Hotjar by setting the DoNotTrack header in the user's browser. Information on the opt-out option can be found on the following page: 
https://overheat.de/opt-out.html.

Further information about Hotjar can be found at https://www.hotjar.com/  Hotjar's privacy policy https://overheat.de/opt-out.htmltzerklärung is available at https://www.hotjar.com/privacy.

Social Plugins

On our websites we use social plugins from the providers listed below. You can recognize the plugins by the fact that they are marked with the corresponding logo.

When you visit a website of our Internet presence that contains such a plugin, your browser establishes a direct connection with the servers of e.g. Facebook, which in turn transmits the content of the plugin to your browser and integrates it into the displayed website. In this way the information that you have visited our website is forwarded to e.g. Facebook. If you are logged in to Facebook via your personal user account during your visit to our website, Facebook, for example, can assign the website visit to this account.

We have no influence on what data an activated plugin collects and how this data is used by the provider. At present, it must be assumed that a direct connection to the provider's services is established and that at least the IP address and device-related information is collected and used. It is also possible that the service provider will attempt to store cookies on the computer used. Please refer to the data protection information of the respective service provider to find out which specific data is collected and how it is used. Note: If you are logged in to Facebook at the same time, Facebook can identify you as a visitor to a particular page.

We have integrated the social media buttons of the following companies on our website:

Facebook Inc. (1601 S. California Ave - Palo Alto - CA 94304 - USA)
Twitter Inc. (795 Folsom St. - Suite 600 - San Francisco - CA 94107 - USA)
Google Plus/Google Inc. (1600 Amphitheatre Parkway - Mountain View - CA 94043 - USA)
LinkedIn Corporation (2029 Stierlin Court - Mountain View - CA 94043 - USA)

AddThis

For our blog, we use the AddIn from AddThis, which allows our blog posts to be shared on social media. AddThis is an Oracle company that offers social plugins and toolbars.

Oracle can set cookies on your computer via this plugin. Please consult AddThis's privacy policy and terms of service for more information. You can opt out on the following pages: http://www.aboutads.info/choices/http://www.optout.networkadvertising.org and http://www.youronlinechoices.eu.

You can also opt-out of AddThis and its cookies directly under this link http://www.addthis.com/privacy/opt-out 

Oracle Corporation
Global Data Protection Officer
10 Van de Graaff Drive 
Burlington, MA 01803 
U.S.A.

Google Adwords

Our website uses Google Conversion Tracking. If you have reached our website via an advertisement placed by Google, Google Adwords will set a cookie on your computer. The conversion tracking cookie is set when a user clicks on an ad served by Google. These cookies expire after 30 days and are not personally identifiable. If the user visits certain pages on our site and the cookie hasn't expired, we and Google can tell that the user clicked the ad and was redirected to that page. Each Google AdWords customer receives a different cookie. As a result, cookies cannot be tracked across the websites of AdWords customers. The information collected through the conversion cookie is used to compile conversion statistics for advertisers who have opted in to conversion tracking. Customers are told the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.

If you do not wish to participate in tracking, you can refuse to accept cookies by changing your browser settings to disable automatic placement of cookies or to set your browser to block cookies from the domain "googleleadservices.com".

Please note that you may not delete the opt-out cookies unless you wish to record measurement data. If you have deleted all your cookies in your browser, you have to set the respective opt-out cookie again.

Use of Google Remarketing

This website uses the remarketing feature of Google Inc. to deliver interest-based ads to website visitors within the Google advertising network. A so-called "cookie" is stored in the visitor's browser, which makes it possible to recognize the visitor when he or she visits websites that belong to the Google advertising network. On these pages the visitor may be presented with advertisements relating to content that the visitor has previously viewed on websites that use Google's remarketing function.

According to its own statements, Google does not collect any personal data during this process. If you still do not wish to use Google's remarketing function, you can deactivate it by making the appropriate settings at: http://www.google.com/settings/ads

Alternatively, you can disable the use of cookies for interest-based advertising via the advertising network initiative by following the instructions at: http://www.networkadvertising.org/managing/opt_out.asp. 

Agency Services

We process the data of our customers within the scope of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes/handling, server administration, data analysis/consulting services and training services.

We process inventory data (e.g., customer master data, such as names or addresses), contact data (e.g., e-mail, telephone numbers), content data (e.g., text entries, photographs, videos), contract data (e.g., subject matter of the contract, duration), payment data (e.g., bank details, payment history), usage and meta data (e.g., in the context of the evaluation and performance measurement of marketing measures). As a matter of principle, we do not process special categories of personal data, unless they are part of a commissioned processing. Those affected include our customers, interested parties and their customers, users, website visitors or employees as well as third parties. The purpose of processing is to provide contractual services, billing and our customer service. The legal basis of the processing is derived from Art. 6 para. 1 lit. b DSGVO (contractual services), Art. 6 para. 1 lit. f DSGVO (analysis, statistics, optimisation, security measures). We process data which are necessary for the justification and fulfilment of the contractual services and point out the necessity of their disclosure. Disclosure to external parties is only made if it is necessary within the scope of an order. When processing the data provided to us within the scope of an order, we act in accordance with the instructions of the client and the legal requirements of an order processing in accordance with Art. 28 DSGVO and do not process the data for any other purposes than those specified in the order.

We delete the data after the expiry of statutory warranty and comparable obligations. The necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, the deletion is carried out after the expiry of these obligations (6 years, in accordance with § 257 para. 1 HGB, 10 years, in accordance with § 147 para. 1 AO). In the case of data that has been disclosed to us by the client in the context of an order, we delete the data in accordance with the requirements of the order, in principle after the end of the order. 

Your Rights to Information, Correction, Blocking, Deletion and Objection

You have the right to receive information about your personal data stored by us at any time. You also have the right to correction, blocking or, apart from the prescribed data storage for business purposes, deletion of your personal data. Please contact our data protection officer for this purpose. You will find the contact details at the bottom of this page.

In order that a blockage of data can be considered at any time, this data must be kept in a block file for control purposes. You can also request the deletion of the data, as long as there is no legal archiving obligation. If such an obligation exists, we will block your data upon request.

You can make changes or withdraw your consent by notifying us accordingly with effect for the future.

Changes to our Data Protection Regulations

We reserve the right to adapt this data protection declaration from time to time so that it always meets current legal requirements or to implement changes to our services in the data protection declaration, e.g. when new services are introduced. The new data protection declaration then applies to your next visit.

Questions to the Data Protection Admin

If you have any questions regarding data protection, please write us an e-mail or contact us at

welcome@mediabros.ch

Subject to change without notice. (Version 05/2020)

 

General Terms and Conditions of Business

A. Scope of application

1 Business Relations with Clients

1.1 The terms and conditions regulate the contractual relationship between the client and MediaBros GmbH. Brokerage contracts include in particular the placement of online advertising (e.g. banners or text ads, hereinafter: advertising material) on websites as well as advertising platforms such as Facebook, Instagram, LinkedIn, Twitter, Google search engine for a certain period of time, including or excluding consulting, creation of the advertising material or preparation of an occupancy plan. Consulting contracts include in particular strategic, tactical and/or operational consulting in the field of digital media, online advertising, inbound marketing, marketing automation as well as marketing and sales processes, including or excluding the use of appropriate management software tools.

1.2 Advertising, media, PR or web agencies act in the name and on behalf of the client. In dealings with publishers, MediaBros. GmbH acts in its own name and on its own account (e.g. exceptions: Google Ads, Facebook advertising).

1.3 These terms and conditions become a contractual component upon online confirmation of the offer via Xero and the offer becomes a binding contract. By doing so, the Client expressly waives the application of his own terms and conditions.

 

2 Applicable Law

2.1 Insofar as the terms and conditions of business do not contain any deviating rules, the regulations concerning the order shall apply to contracts (Art. 394 ff OR Swiss Obligations Law).

 

B. Conclusion and Execution of the Contract

3 Conclusion of Contract, Subsequent Amendments and Suspension

3.1 The contract is concluded in particular by the client

  • confirm an offer online (e.g. via Xero)
  • or the client signs or expressly approves a media plan or offer (also online)
  • or the client expressly places a written order (also valid by email).

3.2 Changes or suspensions of the service less than seven days before the start of the service

Contracts and/or advertising material are fully chargeable. In the event of changes or suspensions before this date, at least the costs for consultation, conception, creation or production are owed.

3.3 MediaBros GmbH confirms orders with an order confirmation based on the offer confirmed by the client.

4 Prices & Basis of Calculation

4.1 The currently valid tariffs and/or offered prices of MediaBros shall apply. GmbH plus VAT Swiss value added tax (foreign clients are exempt from this). Should unforeseen additional costs arise, MediaBros GmbH always obtains a cost estimate from the client in advance and invoices these services separately.

4.2 Changes in tariffs and prices plus VAT. If they are unusual, the client will be informed proactively and they will come into effect immediately, even for current contracts. The client has the right to withdraw from the contract within 2 weeks of the announcement of the new price. In the case of discounts granted, in this case he is only entitled to the discount which, according to the discount scale, corresponds to the quantity actually purchased.

4.3 Advertising, media, PR or web agencies are obligated to adhere to the tariffs towards the clients.

4.4 The campaign and management tools used by MediaBros GmbH (sizmek, DataXU, HubSpot, Google Ads, Facebook Ad) but not Google Analytics (results in Google Analytics are an extrapolation based on raw data and are not comparable with the more precise measurement tools used by MediaBros)

 

5 Production material

5.1 Unless otherwise agreed in writing, the production material (data carriers, images and other documents) will not be returned to the advertising client.

5.2 Used advertising material, campaign data, evaluations, reports, presentations, correspondence will be archived after publication if possible.

 

6 Rights of MediaBros. GmbH

6.1 The MediaBros GmbH reserves the right to request changes to the content of campaign assets (e.g. advertising material, CTA calls-to-action, text ads, landing pages) or to reject advertising material, usually by stating reasons.

 

7 Terms of Payment

7.1 Invoices are usually issued upon conclusion of the contract or at the latest 30 days before the start of the campaign. This is regulated in each case on the offer and order confirmation.

7.2 A default interest rate customary in the market will be charged on expired invoices.

7.3 Costs will be charged for reminders.

7.4 As a rule, advance payment is required when placing online advertising. In principle, campaigns can only be launched if the budgets provided for have been paid in advance by the client


8 Liability of MediaBros. GmbH

8.2 Complaints due to faulty appearance of campaign assets, temporary non-appearance (e.g. maintenance work on a server) or non-appearance shall be submitted immediately to MediaBros. GmbH immediately.

8.3 If MediaBros. GmbH, or if the meaning or effect of the advertising material is significantly impaired or if the advertising material has not appeared for several days or not at all, MediaBros. GmbH shall grant the client the repeated placement or the extension of the placement. This shall not be deemed to be the fault of MediaBros. GmbH or publishers; errors due to translations of foreign language templates, placement regulations not observed, unsuitable templates, orders placed by telephone, missing code designations or wrong link URLs.

8.4 All further claims other than those mentioned above for incorrect appearance, temporary non-appearance, non-appearance or for other reasons are excluded. In particular, MediaBros. GmbH shall not be liable for consequential damages (loss of profit or similar) of the client or third parties.

 

9 Liability of the Advertising Client Regarding the Content of the Advertising Material

9.1 The client is responsible for the content of the advertising media. He declares to comply with the relevant legal provisions, regulations and industry rules and to be responsible for them. As far as legally possible, he shall provide media BROS. GmbH and its organs and auxiliary persons from claims of third parties. In any case, the client is obliged to assume all court and out-of-court costs incurred in connection with third-party claims or other proceedings.

9.2 The responsibility of the client shall not only extend to the actual advertising content but also to the content linked to his advertising material (links).

 

10 Intellectual Property of Advertising Material

10.1 The client acknowledges the intellectual property, especially the copyright, of MediaBros. GmbH on all advertising material and campaign assets with individual character created by MediaBros. GmbH. As far as the client fulfils his contractual obligations towards MediaBros. GmbH, he is allowed to use the intellectual property within the scope of the original purpose for an unlimited period of time. In return, MediaBros. GmbH acknowledges the intellectual property rights for all advertising material not designed and produced by MediaBros. GmbH and delivered by the client and undertakes to use it unchanged for the intended advertising placements.


C. Final Provisions

11 Data protection

11.1 The media BROS. GmbH is subject to Swiss law and operates according to the guidelines of the Swiss Federal Data Protection and Information Commissioner (FDPIC) as well as Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

11.2 media BROS. Uses platforms such as DataXu, Adform and sizmek for programmatic campaigns in order to control programmatic and online advertising campaigns in an intelligent and optimized way. The data protection declaration of MediaBros GmbH applies to this.

12 Place of jurisdiction

12.1 Client and MediaBros. GmbH agree to settle all disputes peacefully and out of court. Should legal disputes nevertheless arise, the exclusive place of jurisdiction is the competent court in Uster (Switzerland).

13 Entry Into Effect

13.1 These terms and conditions shall automatically come into effect upon their publication.

They are subject to change without notice. (Version 05/2020)

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