1. Introduction
The
protection of your privacy is important to Global Message Services AG and its
affiliates, (hereinafter, “GMS”, “we” or respectively “us” / “our”).
Our privacy
mission is to establish and maintain strong data protection and privacy
practices that safeguard personal information and build trust in our
messaging services.
Our
privacy vision is to be recognized as a privacy and data protection leader in
the telecommunications industry, by providing compliant, secure and transparent
messaging services that enable our customers and partners to communicate with
confidence.
This Data
Privacy Notice (“Privacy Notice”) applies where GMS acts as a data controller
i.e. determines the purposes and means of processing of personal data of the
visitors of our website https://www.gms.net/.
This Privacy Notice explains how we use your
personally identifiable information (“Personal Data”), such as name, telephone
number, address, e-mail address, title/role and/or your IP address and other
tracking data that we collect when you visit and browse our website.
The
Privacy Notice does not apply to services we provide or buy under separate
contractual agreements with our business partners.
We
encourage you to review our Privacy Notice on a regular basis and whenever you
intend to provide personal data to us. We may amend this Privacy Notice from
time to time to reflect changes in our information handling practices as well
as to follow applicable law and legislation.
2. How we use your personal data?
GMS
collects, processes, uses, stores, discloses, transfers or otherwise makes
available (“Processing”, “Process” or “Processed”) your Personal Data as
legally permitted under EU General Data Protection Regulation (EU) 2016/679
(“GDPR”) and other applicable data privacy laws.
Any
Personal Data, whether sensitive or not, is Processed confidentially and under
the terms stipulated below.
3. What
Personal Data do we collect?
When you
visit and use our website, GMS may collect and Process the following types
of Personal Data:
- name,
company name, title/ position/ role and contact details (telephone number,
e-mail);
- your
consent choices and preferences (to process Personal Data / use cookies /
receive newsletter and other services requested by you);
- IP
address, user-agent information, cookie identifiers and settings, your behavioral
data (pages visited, interactions), tracking data (for details please see
the Cookie Notice);
4. Why do we process your Personal Data?
There is
always a legal basis or a permitted legitimate reason why we Process your
Personal Data, such as:
- To
enable you to access and use our website;
- To
enhance user experience by providing personalized content and features.
- To
evaluate and improve the performance and design of the website and our
services;
- To
collect analytics data for improving website functionality and content.
- To
track and manage user preferences and consent regarding cookies.
- To
promote the website in social media by using the social media plug-ins
placed on the website.
- To
track marketing campaign results and responses;
- To
establish, exercise or defend legal claims, and/or to protect and assert
our and your legal rights;
- To
comply with any legal obligation, we are subject to;
- To
enhance security and to protect us from fraud or other inappropriate
conduct.
In all cases above GMS will limit the Processing of Personal Data to the
extent required to fulfill the specific purpose.
Your respective Personal Data will be held in our website database or
stored on the servers of our hosting services providers. Cookie data is
retained based on the cookie’s duration and is cleared upon expiration. Analytics
data is retained for a limited period, for analysis and improvement purposes.
5. What
is the legal basis of Processing your Personal Data?
With your use of this website we may Process your
Personal Data based on the following legal bases:
- Consent – for processing of personal
data to provide the services you requested;
- Consent – for processing of personal
data to provide newsletter;
- Consent – for functional,
performance, marketing and unclassified cookies, when you manage your
cookie preferences, subscribe to GMS newsletter;
- Legitimate
interest –
for strictly necessary cookies, when you visit our website (in order to
tailor it to the visitors needs and preferences) or use the social media
plug-ins placed on the website (see Section 8). It is for example in our
legitimate interest to make this website better for visitors and promote
it via social media, provided that our legitimate interest does not
outweigh your rights and interests;
6. What are Your rights?
With respect to your Personal Data that we Process,
you have the following rights:
- Right to access – you may request us
to provide you with a copy of your Personal Data, in general free of
charge, in an electronic format;
- Right to rectification – you may request us
to correct, update and/or otherwise amend your inaccurate or incomplete
Personal Data;
- Right to object – you may object to
the Processing of your Personal Data (in case Personal Data is processed
on the legitimate interest legal basis);
- Right to restrict Processing – you may restrict the
Processing of your Personal Data;
- Right to erasure – you may request us
to erase your Personal Data;
- Right to data portability – you may ask us to
transfer your Personal Data to you or to a third party designated by you
(in case Personal Data is processed on the consent legal basis);
- Right to withdraw your
consent –
you may withdraw your consent (in case Personal Data is processed on the
consent legal basis);
- Right to file a complaint – you may file a
complaint to a data protection authority.
In order
to exercise any of the rights in relation of your Personal Data, please address
your respective request to dataprotection@gms.net . The exercise of rights is subject to exemptions.
In case any exemption applies, we will communicate this to you in a timely
manner.
GMS will
comply with your justified request without undue delay and, in any event,
within one month of the receipt of such request. This period may be extended up
to two further months where necessary, taking into consideration the complexity
and number of the requests we receive.
7. Personal Data sharing with others
We will respect and protect your privacy as set out
in this Privacy Notice.
To the extent reasonably necessary, we may disclose
your Personal Data with:
- our
affiliates/employees other third parties if any who support this website or
otherwise are required to Process your Personal Data for the purpose of
GMS’s business operations;
- third
parties who provide marketing and/or additional support services (please
see Section 8 below and the cookie preference information in our Cookie Notice);
- law
enforcement bodies, state agencies, courts, regulatory authorities or similar if required to be
disclosed for compliance with a legal obligation to which we are subject,
to protect your or third party’s vital interests, or to exercise or defend
our legal claims;
- other
third parties, upon your prior written consent/instruction or on the basis
of our legitimate interest.
8. Third-party Tools
GMS uses
trusted third-party services in order to improve the use of this website. These
third-party services include tracking, measurement and optimization purpose
tools as well as other tracking technologies to gather non-personal information
and record website traffic.
Third-party
services help us to better understand the visitors’ experience (e.g. how much
time you spend on which pages, which links you choose to click etc.) and hence
enable us to build, maintain and improve the website with such feedback.
GMS uses
also social media plug-ins on this website in order to promote our social media
profiles and increase website traffic through social media. We use plug-ins of
social media like: facebook.com, linkedin.com, youtube.com, twitter.com. By
including such plug-ins, GMS does not make or implies to make a recommendation
or endorse the views expressed by these third-party providers.
Every
time you visit our website and you use one of these plugins, your browser will
connect to the providers of the such plugins and inform them about the websites
you are viewing. These providers will receive information depending on the
specific features of the plugins. GMS does not have any influence over the data
transferred and collected by these providers. Furthermore, any information
shared between you and such providers is processed according to their
respective privacy standards and is not under control of GMS. For further
information on the privacy standards of third-party plug-in providers please
visit their websites and in specific their privacy policies, like e.g. https://www.facebook.com/policy.php, https://www.linkedin.com/legal/privacy-policy, https://policies.google.com/privacy, https://twitter.com/en/privacy.
GMS is
not responsible for any transmission, collection or usage of data transferred
to these third-party plug-in providers and makes no warranties or
representations of any kind as to the legality of the data processing by such
third-party plug-in providers or accuracy or completeness of any information
contained in their privacy policies and excludes any related responsibility
and/or liability.
We may
also use campaign tools in order to measure the success of our marketing
campaigns, improve the quality of this website and make it relevant to the
needs of visitors.
The table
below contains more specific information on our third-party service providers
and their respective tools, together with the description of each service
provided by such tool. For more information on privacy policies implemented by
each of the third service providers please follow the link indicated in the
table itself. If you do not want to share your Personal Data with third-party
providers, in some cases, as also indicated in the table below, you can for
example use their Opt-out Browser add-on and withdraw your consent.
| Third-party Service |
Third-party Provider |
Tool/Service description |
Link to Privacy Policies and Opt-Out and Settings Preferences |
| Google Analytics |
Google, Inc |
Tool for tracking and reporting the website traffic |
Privacy policy Opt-out |
| Google Tag Manager |
Google, Inc |
Tool for Managing JavaScript and HTML tags used for tracking and analytics on website |
Privacy policy |
| Google Search Console |
Google, Inc |
Tool for monitoring the website traffic and performance |
Privacy policy |
| Google Data Studio |
Google, Inc |
Tool for creation of internal reports |
Privacy policy |
| Google Optimize |
Google, Inc |
Tool for testing the effectiveness of website variations |
Privacy policy |
| Hotjar |
Hotjar Ltd |
Tool for evaluating the visitor’s experience (e.g. how much time they spend on which pages, which links they choose to click) and enabling to build and maintain the website with this feedback |
Privacy policy
Opt-out |
| Facebook button
Facebook “Share” button |
Facebook Inc. |
Social media plug-ins for promotion of social media profiles and increase of website traffic through social media |
Privacy policy |
| LinkedIn button
LinkedIn “Share” button |
LinkedIn Corporation |
Social media plug-ins for promotion of social media profiles and increase of website traffic through social media |
Privacy policy |
| Twitter button
Twitter “Share” button |
Twitter Inc |
Social media plug-ins for promotion of social media profiles and increase of website traffic through social media |
Privacy policy |
| YouTube button |
YouTube LLC |
Social media plug-in for promotion of social media profiles and increase of website traffic through social media |
Privacy policy |
| Salesforce |
Salesforce.com, Inc |
Marketing campaign tool |
Privacy policy |
| Google Ads |
Google, Inc |
Marketing campaign tool |
Privacy policy
Ads Personalization |
| Facebook Ad Campaign Pixel |
Facebook Inc. |
Marketing campaign tool |
Privacy policy
Ads Personalization |
| LinkedIn Ad Campaign Pixel |
LinkedIn Corporation |
Marketing campaign tool |
Privacy policy
Opt-out |
9. International transfer of Personal Data (outside EU/EEA area)
As a rule, your Personal Data will be transferred to our headquarter in Switzerland, the country which is recognized by European Commission as a country with an appropriate safeguard and adequate level of data protection.
In specific cases, Personal Data may be transferred to other additional countries outside of the EU/EEA. To that regard, additional safeguards will be put in place.
10. Newsletter
When you subscribe to our newsletter, we collect and store Personal Data shared by you in the online request form according to this Privacy Notice.
If you wish to unsubscribe, please click the “Unsubscribe” button in the newsletter you have received from us and your Personal Data will be automatically deleted.
11. Contacting us
If you have any questions or concerns regarding our Privacy Notice or you have any feedback or suggestions to improve this Privacy Notice, please do not hesitate to contact our Data Protection Officer via email dataprotection@gms.net
