Privacy Notice

1. Introduction

The protection of your privacy is important to GMS 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 innovative solutions.

Our privacy vision is to be recognized as a privacy and data protection leader in the electronic communication world, by providing compliant, secure, responsible and transparent innovative solutions that create value and build trust between our clients and their customers.

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 personal 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 this 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;
Legitimate interest – for strictly necessary cookies, when you visit our website (in order to tailor it to your (as visitor) 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 our 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 delete 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;
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, and 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 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	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 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