Privacy Notice
1. Who are we and what is this about?
We are Avallain AG, Marktplatz 22, 9000 St. Gallen, Switzerland, and we are responsible for this website. This is our Privacy Notice ("PN"), in which we provide you, as the data subject, with the information required to enable you to exercise your rights and to ensure transparent data processing.
This PN is the basis on which we process all personal data we receive in connection with your use of and interaction with this website or any other online presence we manage, including our social media presence (collectively, the "website") and our applications ("Apps").
This website may contain links to and from the websites of our partner networks, advertisers, and affiliates. If you follow a link to one of these websites, please note that they have their own PN, and we cannot be held liable or responsible for them.
This PN is as of August 26th, 2024. We reserve the right to adapt it at any time. The PN, as published here, is the applicable one.
2. What personal data do we process from you, for what purpose, and with whom do we share it in connection with our website?
2.1 When you visit our website
When you visit our website, our servers temporarily store every access in a log file. The following technical data is recorded without your intervention, as is generally the case with every connection to a web server, and stored by us until automatic deletion after 14 months at the latest:
- The type and version of browser used
- The operating system
- Referrer URL
- The hostname of the accessing computer
- The time of the server inquiry
- The IP address
The collection and processing of this data is based on our legitimate interests: to enable the use of our website (connection establishment), ensure system security and stability on a permanent basis, optimise our Internet offering, and for internal statistical purposes.
To this end, we are supported by our partners which are themselves subject to data protection regulations and are contractually obliged to comply with data protection, in particular with regard to data security.
These are (with links to their respective PN):
- Digimagical GmbH. Austria, hosting provider, https://www.digimagical.com/privacy/
2.2 If we communicate with you via email, telephone or conferencing tools
You consent to us processing your personal data, including your email address, surname, first name, title, organization (if applicable), country of residence, telephone number, and proposed appointment date (if applicable). We will also process the content of our conversation for the purpose of communicating with you. We will retain this information until our communication is satisfactorily concluded, after which it will be archived or deleted in accordance with legal requirements.
To this end, we are supported by our partners, which are themselves subject to data protection regulations and are contractually obliged to comply with data protection, in particular with regard to data security.
These are (with links to their respective PN):
- Calendly, LLC, USA, appointment booking and management tool (to be rolled out), https://calendly.com/privacy
- Zoom Communications Inc, USA, Zoom video conferencing, https://zoom.us/de-de/privacy.html
- Google Ireland Limited, Ireland, Google Meet video conferencing, https://policies.google.com/privacy?hl=en.
2.3 If you subscribe to our newsletter
If you decide to subscribe to our newsletter, you consent to us processing your email address, surname, first name, title, your organisation (if applicable) and your interaction with our newsletter in order to send you our newsletter by email, to ensure that you receive it and, if necessary, to improve our offering based on your interaction. This includes the use for further advertising purposes on social media (e.g. for so-called lookalike audience campaigns). You can withdraw your consent at any time via the options provided in the newsletter itself with immediate effect.
For the creation, sending, confirmation of receipt, and interaction tracking of our newsletter, we are supported by our partners which are themselves subject to data protection regulations and are contractually obliged to comply with data protection, in particular with regard to data security.
These are (with links to their respective PN):
- ActiveCampaign Ireland Limited, Ireland, Provider newsletter solution, https://www.activecampaign.com/en/legal
- QuickEmailVerification Integration, ensures the authenticity of the email addresses provided by subscribers, https://quickemailverification.com/privacy
2.4 If you communicate via a contact form
This website provides a contact form for you to reach out to us. By using this form, you consent to us processing your personal data, including your email address, surname, first name, title, organization (if applicable), country of residence, telephone number, and proposed appointment date (if applicable). We will also process the content of our conversation for the purpose of communicating with you. We will retain this information until our communication is satisfactorily concluded, after which it will be archived or deleted in accordance with legal requirements.
For communication with us via contact form, we are supported by our partners which are themselves subject to data protection regulations and are contractually obliged to comply with data protection, in particular with regard to data security.
These are (with links to their respective PNs):
- ActiveCampaign Ireland Limited, Ireland, Contact form solution, https://www.activecampaign.com/en/legal
2.5 If you follow us on social media
If you decide to follow our presence on social media and communicate with us via social media, you consent to us processing your username for the purpose of managing and analysing our followers (including for advertising purposes) and the content of any interaction with us or our content. You can unsubscribe at any time with immediate effect.
We are responsible for the operation of such a presence together with the operator of the respective platform: we are responsible for the processing of your data as described above, the platform operator is responsible for the processing of your data in accordance with the participation agreement between you and the platform operator itself.
We have presence on the following social media (with links to their respective PNs):
- Meta Platforms Ireland Limited, Ireland, Facebook (to be rolled out), www.facebook.com/about/privacy
- Meta Platforms Ireland Limited, Ireland, Instagram (to be rolled out), https://help.instagram.com/155833707900388?cms_id=155833707900388
- LinkedIn Ireland Unlimited Company, Ireland, LinkedIn, https://en.linkedin.com/legal/privacy-policy
- Google Ireland Limited, Ireland, YouTube, https://policies.google.com/privacy?hl=en#intro
- X (Twitter) International Unlimited Company, Ireland, https://twitter.com/en/privacy
2.6 If you apply for a job with us
You can apply to us via email, postal mail or a job application platform. If you do so, you consent to us processing your email address, surname, first name, title, address, all data in your CV, your references and certificates, and all other data and letters that you send us for your application to in order to check your application, communicate with you in this regard and, if necessary, contact your referee. You can revoke your consent at any time. If your application is not successful, we will delete your documents after one year at the latest. The relevant chapter of this PN applies to communication via email and telephone. For communication via email and telephone, the relevant chapter of this PN applies.
3. Which third-party technologies have we embedded on our website?
We use various technologies from (other) third parties on our website, e.g. cloud infrastructure, analytics, segmentation, marketing, social media integration, security, media display, CRM integration, etc. In their respective PNs, these explain, which data they process for which purposes, for how long, with whom they share it, what rights you have, and how you can exercise them. If applicable, you may opt out of such processing, for which we provide the relevant links below in such cases. You can also make appropriate settings in your Internet browser that prevent, for example, cookies from being stored on your device or tracking technologies from being used. Depending on the provider, you can create and manage these settings in your Internet browser under privacy, security or data protection settings. You can also always manage your cookie preferences and settings in our cookie consent management tool CookieYes.
These third-party providers are (with links to their respective PNs and opt-out options, if applicable):
Google Products: https://policies.google.com/privacy?hl=en
- Google Analytics, analysis of website usage, opt-out: https://tools.google.com/dlpage/gaoptout
- Google Ads, advertising, opt-out: https://policies.google.com/technologies/ads?hl=en-US
- Google Dynamic Remarketing, advertising, opt-out: https://myadcenter.google.com/home?sasb=true&ref=ad-setting
- Google Fonts, embedding and display of fonts
- Google Marketing Pixel, optimisation of our advertising
- Google Ads Conversion, conversions tracking
- Google Maps, embedding of interactive maps
- Google Tag Manager, set up and manage website tags
- Google reCAPTCHA to combat misuse and confirm that visitors are genuine
- Google Signals, analysis of cross-device behaviour and provides enhanced reporting features, opt-out https://policies.google.com/technologies/ads?hl=en
- YouTube, embedding of videos (see Google above)
- Heap, automatic event tracking and data analytics of website and app usage, improving user experience and conversion rates.
https://www.heap.io/privacy
https://help.heap.io/category/data-privacy/ - Meta Platforms, Inc, USA, Meta Pixel & Conversion API, analysis of website usage and optimisation of our advertising, https://www.facebook.com/privacy/policy/
- LinkedIn Ireland Unlimited Company, Ireland, LinkedIn Insight Tag, analysis of website usage and optimisation of our advertising, https://en.linkedin.com/legal/privacy-policy
- Twitter International Unlimited Company, Ireland, X (Twitter) Pixel, analysis of website usage and optimisation of our advertising, https://twitter.com/en/privacy
- Zapier Inc., USA, synchronisation with website for publishing, https://zapier.com/tos
- EdInvent, Inc. D.B.A. Accredible, USA, digital certification services, https://www.accredible.com/privacy-policy
- Hotjar Ltd., EU, analysis of website use, https://www.hotjar.com/legal/policies/privacy/, Opt-out: https://www.hotjar.com/policies/do-not-track/
- Like & Share buttons from Meta (Facebook and Instagram), X (Twitter) and LinkedIn (see their respective privacy notices above
4. What personal data do we process from you, for what purpose, and with whom do we share it in connection with our Apps?
Our Apps, as described on our website, offer different functionalities. Where data processing differs based on different functionalities, we refer to the specific App in the following section, otherwise we refer to all of them.
4.1 When you use our Apps
When you use our apps, our servers temporarily store all access in a log file. The following technical data is recorded without your intervention, as is generally the case with every connection to a web server:
- the IP of the requesting computer;
- the date and time of access;
- the request payloads; user ids, content ids, and progress data.
We store such access logs of active users for as long as they have an account. We delete access logs of non-active users after 12 months . The collection and processing of this data are based on our legitimate interests: to enable the use of our App (connection establishment), ensure system security and stability on a permanent basis, optimise our Internet offering, and conduct internal statistical purposes.
To this end, we are supported by our partners, which are themselves subject to data protection regulations, which we have carefully selected and which are contractually obliged to comply with data protection, especially concerning data security.
These are (with links to their respective PN):
- Amazon Web Services, Inc., USA, Infrastructure Hosting, https://aws.amazon.com/privacy/, https://aws.amazon.com/compliance/data-protection/
4.2 When you open an account with us
To use our services offered via our Apps, you need an account. For this purpose, we need personal data from you; otherwise, we cannot open the account and cannot provide you with our services.
An account's creation (and subsequent use) is voluntary (based on your consent). For this purpose, we need your first name, surname, e-mail address, country of residence, and if enabled for you, your role . We then subsequently process when you were logged in and for how long, your account settings and preferences, your interaction with the website, your use of the services, and the creation and management of your account, including contacting you in this regard.
If you have an account, you are free to enter additional information about yourself, such as your profile picture (in Magnet), which you can subsequently delete .
This account data will be processed by us until your account is deleted and then archived for as long as we are legally or contractually obligated to do so. Components of the account data we are not obliged to archive will be anonymised for statistical analysis or deleted.
4.3 When you invite students to Magnet
As an administrator or teacher of an institution, you can invite members of your institution to create an account and use our services. To do this, you enter the last names, first names and email addresses of the members of your institution on our website. Based on your input, we generate and send a personalised email invitation to these members, asking them to create an account on our website on behalf of your institution.
You, as the inviting administrator or teacher of an institution, are solely responsible for this submission, for ensuring that the information is correct and that we are not violating any law or otherwise acting unlawfully in inviting these members to create an account on our website by e-mail on your behalf as described.
4.4 If you use Magnet with your account
Usage of Magnet is consent-based. It is recorded on a user-and-institution-specific basis so that you and your institution can track your progress and that of your students.
When using Magnet as a teacher, teacher admin of your institution, or administrator of your organisation, you see the usage and progress reports of the invited members. As a member and simple user of the services, you see your own usage and progress reports.
Usage data will be processed by us until your account is deleted and then archived for as long as we are legally or contractually obligated to do so. Usage data that we are not obligated to archive is anonymised or deleted. When retained, anonymised data is used for statistical analysis purposes.
4.5 If you use Author with your account
Usage of our services and Apps is consent-based. It is recorded on a user-and-institution-specific basis.
When using Author as a user of the service, you see the content, media and assets of the specific projects and publishing groups assigned to you.
Usage data will be processed by us until your account is deleted and then archived for as long as we are legally or contractually obligated to do so. Usage data that we are not obligated to archive is anonymised or deleted. When retained, anonymised data is used for statistical analysis purposes.
4.6 If you use our Apps User Guides, or raise an idea or suggestion
For enabling our User Guides and allowing users to raise ideas and suggestions, we are supported by our partners, who are subject to data protection regulations, whom we have carefully selected, and who are contractually obligated to comply with data protection, especially concerning data security.
These are (with links to their respective PN):
- Aha! Roadmap Software, USA, product development solution, https://www.aha.io/legal/privacy_policy
- Jira Service Desk, Australia, project and service management tool, https://www.atlassian.com/software/jira
- Silly Moose, LLC dba KnowledgeOwl, USA, cloud-based knowledge management solution, https://www.knowledgeowl.com/privacy/
4.7 If you communicate via Magnet Messaging Centre
If you choose to communicate via Magnet Messaging Centre among the groups and users within the platform provided by your institution, you consent to us processing your account and profile data as well as the content of the conversation to ensure the technical stability and functionality—including troubleshooting and security—of our Magnet Messaging Centre functionality. We keep such data for as long as we are legally required to do so.
As an administrator of your institution, you may contact us through Magnet Live support. If you do so, we process your data to communicate with you and then archive it in accordance with legal requirements.
For communication via Magnet Messaging Centre, we are supported by our partner, who in turn is subject to data protection regulations, which we have carefully selected, and who is contractually obligated to comply with data protection, particularly concerning data security.
This is (with a link to their respective PN):
- Sendbird, Inc., USA, chat software provider, https://sendbird.com/privacy-notice
4.8 If you communicate via Magnet or Author direct chat support
When using Magnet as an administrator of your organisation or when using Author Teams (cloud-shared), you may contact us through Live support. If you do so, we process your data to communicate with you and then archive it following legal requirements.
For communication via Magnet Live support, we are supported by our partner, who is, in turn, subject to data protection regulations, which we have carefully selected, and who is contractually obligated to comply with data protection, particularly concerning data security.
This is (with a link to their respective PN):
- Intercom Inc., USA, user database management service; https://www.intercom.com/legal/privacy
4.9 When you download and use our Magnet App
If you choose to download and use our app on your mobile or desktop device, then you consent to the following:
- The Magnet App is granted access to the data located on or generated by your device necessary for it to function, as communicated when downloading the app, and on your device under Settings.
- We process the necessary and required data for account creation and management and its use as described above.
- We generate and analyse user profiles regarding usage time and interaction with the app for security purposes and to improve our Magnet App.
4.10 When you use TeacherMatic
If you choose to use our TeacherMatic App, please see the dedicated privacy notice on https://teachermatic.com/privacy-policy/.
4.11 Which third-party technologies have we embedded in our Apps?
We use various technologies from (other) third parties in our Apps, e.g. cloud infrastructure, analytics, segmentation, marketing, social media integration, security, media display, CRM integration, etc. In their respective PNs, these explain which data they process for which purposes, for how long, with whom they share it, what rights you have, and how you can exercise them. If applicable, you may opt out of such processing, for which we provide the relevant links below . Depending on the provider, you can make and manage these settings in your Internet browser under privacy, security or data protection settings. You can also always manage your cookie preferences and settings in our cookie consent management tool CookieYes.
These third-party providers are (with links to their respective PNs and opt-out options, if applicable):
- Amazon Web Services, Inc., USA, Amazon CloudFront, a content delivery network, https://aws.amazon.com/privacy/?nc1=f_pr
- Google LLC, USA, Google Fonts, fonts display, https://developers.google.com/fonts/faq/privacy?hl=de
- Google Ireland Limited, Ireland, Google Analytics, website usage analysis, and advertising, PN: https://policies.google.com/privacy?hl=de; Opt-out: https://tools.google.com/dlpage/gaoptout
- Google Ireland Limited, Ireland, Google Meet video conferencing, https://policies.google.com/privacy?hl=en
- BigBlueButton Inc., Canada, virtual classroom software, PN: https://bigbluebutton.org/privacy-policy/
- Zoom Video Communications, Inc., USA, online communication and collaboration platform, PN: https://explore.zoom.us/en/privacy/
- Microsoft Inc., MS Teams, USA online communication and collaboration platform, PN: https://privacy.microsoft.com/en-us/privacystatement
- EdLink Inc., USA, classroom software integrator, PN: https://ed.link/docs/legal/privacy
- Hotjar Ltd., EU, analysis of website use, https://www.hotjar.com/legal/policies/privacy/, Opt-out: https://www.hotjar.com/policies/do-not-track/
5. Do we disclose your personal data abroad?
We work with various partners in Switzerland and abroad (see above). In principle, these are located in countries with an appropriate level of data protection. If disclosure to individual countries requires additional safeguarding, we ensure this by agreeing standard data protection clauses approved by the authorities, e.g. the EU’s Standard Contractual Clauses, with such partners or by relying on the self-certification of such partners under the relevant frameworks.
6. What are your rights towards us?
You have the right:
- To request information about, correction or deletion of your personal data;
- To request us to restrict the processing of your personal data, in particular, to object to the processing of your personal data for marketing purposes;
- To request us to provide a digital file of your personal data (data portability) to yourself or legal person appointed by you.
You can withdraw your consent to processing your personal data for the specified purposes at any time with immediate effect.
You also have the right to file a complaint with the competent authority (in Switzerland: the Federal Data Protection and Information Commissioner).
7. Applicable Law
The law applicable to our processing of personal data is primarily the Swiss law, in particular the Swiss data protection law and regulations. Where and to the extent required by mandatory law, we also adhere to EU and UK data protection law.
8. How can you exercise your rights?
If you have any questions about this PN or wish to exercise your rights, please contact us in writing either by mail (Avallain AG, Marktplatz 22, 9000 St. Gallen, Switzerland) or via email as follows: privacy@avallain.com.
9. Updates to This Privacy Notice
We may update this Privacy Notice periodically to reflect legal changes or modifications in our data handling practices.
New versions will be promptly published on our website, and by continuing to use our site after updates, you agree to the revised terms. We suggest reviewing this page regularly to stay informed of any changes.