Privacy Policy

Version effective as of June 20, 2024

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use Nimagna’s Software and/or Websites and tells You about Your privacy rights and how the law protects You. In data protection matters, We are guided primarily by the legal requirements of Swiss data protection law, in particular the Federal Act on Data Protection (FADP). We use Your Personal data to provide and improve the Software and Websites. By using the Software and/or Websites, You agree to the collection and use of information in accordance with this Privacy Policy.

Note that certain information collected by Us in connection with Your use of the Software and/or Websites is controlled by the Customer that has entered into the Terms of Service with Nimagna for the access and use of the Software. When We collect or process such information, We do so on behalf of the Customer. If you access and/or use the Services as an authorized employee, contractor, and/or agent of the Customer you are deemed an Authorized User of the Customer.

Data Controller

The data controller responsible in accordance with the purposes of the General Data Protection Regulation (GDPR) of the European Union and other data protection regulations is Nimagna AG, c/o Bellerive Rechtsanwälte, Bellerivestrasse 7, 8008 Zürich, Switzerland. You can notify Us of any data protection related concerns using the following contact details:

Nimagna AG, Att. Data Protection Officer, c/o Bellerive Rechtsanwälte, Bellerivestrasse 7, 8008 Zürich, Switzerland

Email: privacy@nimagna.com

California Consumer Privacy Act (CCPA)

We are not in the business of selling Personal Data or Information. We do not sell any collected Personal Data or Information. Personal Data or Information that is collected by Us as a result of Your visiting our Websites and/or using our Software, is only processed for that purpose or any other purpose that You consent to Us. As a consumer, you have extensive rights under the CCPA. We have described these below for You. Contact Us under the contact details provided below if You have any questions or concerns.

1. Interpretation and Definitions

1.1 Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1.2 Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Services or parts of our Services.
Authorized User means You, Your employees, contractors, and/or agents that access and use the Nimagna Software under Your Account.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: Switzerland
Customer means the entity that has entered into the Terms of Service with Nimagna for the access and use of the Software.
Devices means any device that can access the Services such as a computer, a cellphone or a digital tablet.
Nimagna (referred to as either "Nimagna", "the Company", "We", "Us" or "Our" in this Agreement) refers to Nimagna AG, a company incorporated in Switzerland, under license number CHE-401.957.569, registered at c/o Bellerive Rechtsanwälte, Bellerivestrasse 7, 8008 Zürich, Switzerland, or any one of its subsidiaries or Affiliates.
Personal Data is any information that relates to an identified or identifiable individual.
Services refers to the Websites and the Software.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Services, to provide the Services on behalf of the Company, to perform services related to the Services or to assist the Company in analyzing how the Services are used.
Software means the Nimagna software, related services, and online documentation installed by, provided by, or accessed in connection with the Software.
Usage Data refers to data collected automatically, either generated by the use of the Services or from the Services infrastructure itself (for example, the duration of a page visit).
Websites refers to the Nimagna webpage (accessible from https://www.nimagna.com) and any other websites or blogs operated by Nimagna.
You means the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.

2. Collecting and Using Your Personal Data

2.1 Types of Data Collected

Personal Data

While using Our Services, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. You may also give Us information about You by submitting information on Our Services or by corresponding with Us by phone, email or otherwise. This includes information You provide when You register to use Our Services, subscribe to Our Services, participate in discussion boards or other social media functions on Our Websites, and when You report a problem with Our Services. The information You give Us may include, but is not limited to your name, address, email address, phone number, personal description, or Usage Data.

Usage Data

Usage Data is collected automatically when using the Services. Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages or components of our Services that You visit, the time and date of Your visit, the time and date of Your registration to Our newsletter, the time spent on those pages or components, unique device identifiers and other diagnostic data.

When You access the Services by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Websites or when You access the Services by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Services and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Services. The technologies We use may include:

Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Services. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Services may use Cookies.
Web Beacons. Certain sections of our Services and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Nimagna, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

We may use both session cookies (which expire once You close Your browser) and persistent cookies (which stay on Your computer until You delete them). Persistent cookies can be removed by following Your browser help directions. If You choose to disable cookies, some areas of Our Website and Services may not work properly or at all.

2.2 Use of Your Personal Data

Nimagna may use Personal Data for the following purposes:

To provide and maintain our Services, including to monitor the usage of our Services.
To manage Your Account: to manage Your registration as a user of the Services. The Personal Data You provide can give You access to different functionalities of the Services that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Services.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, services, marketing and your experience.

We may share Your personal information in the following situations:

With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include a parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.

2.3 Retention of Your Personal Data

Nimagna will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Nimagna will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Services, or We are legally obligated to retain this data for longer time periods.

2.4 Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

Nimagna will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

2.5 Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Services
Protect the personal safety of Users of the Services or the public
Protect against legal liability

2.6 Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

3. Children's Policy

Our Services do not address anyone under the age of 13.

We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

4. Links to Other Websites

Our Services may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

5. Changes to this Privacy Policy

We are free to change this privacy policy at any time. The new version will always be posted on this Website. These changes will be effective immediately for new users of our Services and will become effective for existing users through continued use of the Services after the effective date of the posted change. If You do not wish to approve the changes to Our use of your Personal Data, You must notify Us before such changes take effect that You wish to deactivate your account with Us.

Contact Us

Please also feel free to contact us if You have any questions about this Privacy Policy or Our practices with respect to Your Personal Information. You may write to us:

By email: privacy@nimagna.com
By regular mail to the following address: Nimagna AG, c/o Bellerive Rechtsanwälte, Bellerivestrasse 7, 8008 Zürich, Switzerland

Former versions of this privacy policy and be found here.