Privacy policy

Privacy Policy

This privacy policy (“Privacy Policy”) is an integral part of the GTC. All capitalised terms used in this Privacy Policy which are not specifically defined herein shall have the respective meanings set forth in the GTC. This Privacy Policy informs Downtown’s Users, Website and App. visitors, newsletter subscribers, event participants, current and prospective clients as well as business partners, job applicants and any other party (or person acting on behalf of such party) about how Downtown treats personal data (“Data”) in accordance with the Swiss Federal Act on Data Protection (“FADP”) and the EU and UK General Data Protection Regulations (collectively “GDPR”), as applicable, when using Downtown’s Website or App., communicating with Downtown, subscribing to Downtown’s newsletters, registering for and participating in events, using Downtown’s Services, visiting Downtown’s offices, applying for a job vacancy or in any of the other situations set out in section 2 below. In this Privacy Policy, specific references to the GDPR are only relevant to the extent the GDPR applies.

1. Data collection and third-party Data

Users are, in general, under no obligation to provide Downtown with any Data. However, if Users do not provide the required information regarding certain use cases set out in section 2 below, Downtown may not be able to process User’s corresponding request, get in contact with User, send User Downtown’s newsletter, invite User to Downtown’s events, enter into or negotiate a contract with User, provide User with Downtown’s Services, process User’s application, etc. In order to provide User with Downtown’s Services, Downtown collects Data related to its Services from User, User’s business partners and other parties involved in the Services. Downtown may also use Data from further third-party or public sources. If User shares Data with Downtown regarding any other individual (e.g. User’s employees, colleagues, ultimate beneficial owners, relatives, etc.), Downtown assumes that this Data is correct. By sharing such Data with Downtown, User confirms that it is authorised to do so and that it has informed the affected individuals about this Privacy Policy and Downtown’s processing of their Data.

2. Processed Data, purpose and legal basis 2.1 Website and App. use

The processing related to User’s use of Downtown Website and App. is limited to Data that is required to operate, provide and secure the Website, the App. and the Services provided thereon (“Website Use Data”) and for web analysis purposes (“Website Analysis Data”). Categories of Data: When accessing Downtown’s Website or App., the following information about User’s access and device may be collected automatically: IP address, operating system, type of device, browser name and version, date and time of access, address of the website from which Users were redirected to Downtown’s Website (if applicable), etc. Downtown may analyse User’s use of its Website with web analysis tools, including Google Analytics (with IP anonymisation activated). Further information on the use of data by Google and configuration options can be found here: https://www.google.com/intl/en/policies/privacy/partners. Purpose and legal basis: The processing regarding Website use is based on Downtown’s legitimate interest to operate and secure its Website, App. and Services, in particular for security reasons to ensure the stability and integrity of its systems. In addition, Downtown may perform basic web analysis based on its legitimate interest to improve the Website and App. regarding usability and to gain insights about the use of Downtown’s Website, App. and Services. The collected data will not be merged with other personal data or disclosed to third parties. Enhanced web analysis using cookies is, within the scope of the applicable laws, based on User’s consent, see section 2.2 below.

2.2 Cookies

Website Analysis Data may also be collected via the use of cookies. Cookies are small files that are managed by User’s browser and are directly stored on User’s device whenever User visits Downtown’s Website or App. User can disable the use of cookies in the preferences of its browser, but this might result in some functions of Downtown’s Website, App. or some Services being unavailable to User or not functioning properly anymore. Categories of Data: Website Use Data, Website Analysis Data and such further Data as specified in the Cookie Policy. Purpose and legal basis: Downtown may use cookies on its Website or App. to ensure a user-friendly website visitor experience (e.g. session cookies), based on Downtown’s legitimate interest. Enhanced web analysis using cookies is, within the scope of applicable laws, based on User’s consent. For further information, please see Downtown’s Cookie Policy.

2.3 Communication

Downtown may be in contact with User through different channels, e.g. if Users fill in contact or similar forms on Downtown’s Website or App., send Downtown emails or by using other electronic (or hardcopy) communication means, whereby Data may be exchanged (“Communication Data”). Categories of Data: If Users fill in Downtown’s contact forms, send Downtown an email or another form of electronic message (or a hardcopy message, e.g. a letter), Downtown may collect such information as Users’ name, email address (or other form of communication identifier, e.g. messenger nickname), phone number, subject matter, message content, related metadata and any other information Users choose to disclose in their communication to Downtown. Purpose and legal basis: Downtown uses Communication Data to process User’s inquiry and any possible further questions User might have in relation to the performance of the Services and any other related questions and matters based on the content of User’s communication with Downtown. Downtown may keep this data to document its communication with Users, for training purposes, for quality assurance, for follow-up inquiries and for regulatory purposes.

2.4 Marketing, Events and Newsletters

Downtown may process User’s Data for marketing purposes and relationship management, including events and newsletters (“Marketing Data”). Categories of Data: Marketing Data may in particular include User’s contact information (e.g. name, company type and name, business function / title, email, address, etc.) and further data categories such as User’s preferences (e.g. areas of interest), information relating to User’s participation in events (including photos) and to User’s use of newsletters, references provided by User as well as Communication Data. Purpose and legal Basis: Downtown processes Marketing Data for marketing purposes and relationship management, for instance in the form of newsletters or other regular contacts either in person, via email or other electronic form, by phone or any other communication channel for which Downtown has contact information from User and by any other marketing means (e.g. through events, fairs, etc.), or to publish photos of events on Downtown’s Website, its App. and in other media, in accordance with Downtown’s legitimate interest to keep Users and other interested parties informed about Downtown’s Services, to the extent permitted by applicable marketing regulations, or, where required, based upon Users’ consent in this regard. In either case, User can object at any time, or refuse or withdraw its consent to be contacted for marketing purposes.

2.5 Services

Categories of Data: In connection with the provision of the Services, Downtown may collect and further process Data related to such Services. This includes any information that Downtown requires or obtains from Users in order to be able to provide its Services, such as date of birth, nationality, identity document details, title, profession, role and function, client history, User’s business and industry, User feedback, etc. Furthermore, when providing its Services, Downtown may process emails, text messages, letters and other communications (including image data in video conferences, related metadata, etc.), information relating to User’s business and any further information related otherwise to the Services (collectively “Services Data”). Purpose and legal basis: In general, Services Data will be used for the provision of the Services. Downtown may also process Services Data to document its Services delivery and communication with Users, for training purposes or for quality assurance as well as for market research to improve the Services and operations and for product and service development, based on Downtown’s legitimate interest.

3. Disclosure and Data transfer

Downtown may disclose User’s Data to the following recipients (in compliance with the applicable legal requirements): a) Downtown’s subsidiaries or affiliate companies; b) contractual partners (to the extent the disclosure results from such contracts, e.g. in accordance with an Agreement signed between Downtown and User); c) other involved parties (where relevant, e.g. if a person has power of attorney over User’s affairs or if the Services require the disclosure of certain Data to counterparties, legal representatives, insurance companies, etc.); d) external service providers (e.g. IT and communication services providers, business information providers, newsletter services providers, marketing and event management services providers, compliance services providers, administrative services providers, including providers of digital signature services and document destruction services, financial institutions, debt collection agencies, etc.); e) legal and professional advisors, including accountants and auditors; f) competent authorities, including supervisory, tax, debt collection and bankruptcy authorities, courts or arbitral tribunals (if it is necessary to provide the Services, if Downtown is legally obligated or entitled to such disclosure or if it appears necessary to protect Downtown’s interests); g) transaction partners and advisors (e.g. in relation to mergers, acquisitions or other business transactions involving Downtown, its subsidiaries or affiliate companies). Under specific circumstances, certain Data may be published on Downtown’s Website and App. or in other media (in compliance with the applicable legal requirements, e.g. based on User’s consent). Such Data may include, for example, photos (if Users have participated in an event) or references provided by User (e.g. for client directories).

4. Storage periods and erasure

Downtown processes and retains Data for as long as its processing purposes, the legal retention periods and its legitimate interests regarding documentation require it. Except in case of contrary legal or contractual obligations, Downtown will erase or anonymise Users’ Data once the storage or processing period has expired. Regarding specific Data categories, Downtown will, in general, retain Users’ Data as follows:

Website Use Data: Website Use Data will be processed for as long as required to enable the requested access and secure the stability and integrity of the relevant systems.
Website Analysis Data: Website Analysis Data will be stored for as long as required to perform the analysis and will thereafter be deleted or anonymised.
Cookies: Cookies will be stored on User’s device for the time period required to achieve the related purpose and as further set out in the Cookie Policy and will thereafter be deleted by User’s browser.
Communication Data: Communication Data will be deleted after responding to/completing User’s inquiry if and to the extent (a) Downtown is not legally obligated to retain such Data (e.g. for accounting or document retention purposes) and (b) Downtown does not have an overriding or legitimate interest to retain such Data for documentation, quality assurance or similar business purposes or for the assessment or exercise of, or defence against, legal claims.
Marketing Data: Downtown generally keeps Marketing Data for as long as necessary to achieve the respective purposes. Such Data will be deleted thereafter if and to the extent (a) Downtown is not legally obligated to retain such Data (e.g. for accounting or document retention purposes) and (b) Downtown does not have an overriding or legitimate interest to retain such Data for documentation, quality assurance or similar business purposes or for the assessment or exercise of, or defence against, legal claims.
Services Data: Downtown keeps Services Data for as long as necessary to achieve the respective purposes, if and to the extent (a) Downtown is not legally obligated to retain such Data for a longer period (e.g. for accounting or document retention purposes) and (b) Downtown does not have an overriding or legitimate interest to retain such Data for documentation, quality assurance or similar business purposes or for the assessment or exercise of, or defence against, legal claims.

5. Users’ rights as affected data subject

User has the right to request information about its Data processed by Downtown and further rights regarding such data processing. In particular, User has – or may have, depending on the circumstances – the right to:

a) Information, i.e. to ask Downtown whether it is processing Data about User and, if so, to provide User with further information related thereto.

b) Correction, i.e. to ask Downtown to correct or complement User’s Data if it is incorrect or incomplete.

c) Deletion, i.e. to delete User’s Data (to the extent Downtown is not under a legal obligation or have an overriding or legitimate interest to retain such Data).

d) Object, i.e. to oppose the processing of User’s Data based on Downtown’s legitimate interest by explaining User’s particular reasons and specific circumstances on which User’s objection is based. Regarding cookies through which certain Data may be collected, User can block the setting of such cookies at any time by changing the settings in its browser accordingly. A deactivation of cookies may result in a limited user experience and User may not be able to use every function of the Website, App. or Services, or to access the Services in an appropriate manner altogether.

e) Restrict processing, i.e. to ask Downtown to temporarily restrict its processing of User Data.

f) Data portability, i.e. to ask Downtown to provide User or another controller in electronic form with the Data User has provided to Downtown (to the extent technically feasible).

g) Withdraw User consent, i.e. to revoke User’s consent to the extent User has previously given such consent to any specific purpose of processing of User’s Data. This will not affect the lawfulness of any processing carried out before User has withdrawn its consent (or any processing based on any legal basis other than User’s consent) and it may mean that Downtown will no longer be able to provide its Services to User.

In case User wishes to exercise any of these rights, please contact Downtown at: insert email address specifically designed for receiving data enquiries and requests Before responding to User’s request, Downtown may ask for proof of identity. This helps Downtown to ensure that User’s Data is not disclosed to any unauthorised person.

6. Data Security

Downtown has put appropriate technical and organisational security policies and procedures in place to protect Users’ Data from loss, misuse, alteration or destruction. Despite these security measures, Downtown cannot completely eliminate the security risks associated with data processing.

7. Complaints / Regulatory Authority

If User believes that Downtown’s processing of User’s Data contradicts the applicable data protection laws, User may lodge a complaint with the appropriate data protection authority. The data protection authority in Switzerland is the Federal Data Protection and Information Commissioner, Feldeggweg 1, 3003 Berne, Switzerland https://www.edoeb.admin.ch/edoeb/en/home.html. Based on User’s residence, User may have the possibility to lodge a complaint with the appropriate data protection authority of its place of residence.

8. Changes to this Privacy Policy

Downtown may amend this Privacy Policy at any time. The version published on Downtown’s Website is the version that currently applies.

Last update: February 2024