Publication date: February 07, 2024

The Privacy Policy regulates the procedure for ensuring the safety of Personal Data when using the Platform Services.

 

In this document, we describe how we collect, process, store, disclose and transfer Personal Data when using the Platform Services.

The provisions of this Privacy Policy apply only to Personal Data collected by the Platform in the ways described in its terms and conditions.

References to the words “you” or “your” (or similar words) mean the User depending on the context of the Privacy Policy.

References to the words “we”, “our” or “us” (or similar words) mean the Helpmarket.ch Platform

The words he/she and their derivatives in the text of a document can be applied to either a male or female person, depending on the context of the document.

Use the Helpmarket.ch Platform to access the search for services/products or promote your services/sell products.

  1. DEFINITIONS

  1. Account -this is a functional part of the Platform through which the User gains access to its Services.

  1. Specialist -This is a User who is registered on the Site and offers his services to the Customer for the purpose of sale.

  1. Customer is a User who is registered on the Site and purchases the services of a Specialist.

  1. Salesman is a User who is registered on the Site and places Products on the pages of the Site for the purpose of sale.

  1. Buyer is a User who is registered on the Site and purchases Products from the Seller

  1. User is an individual or legal entity that registers on the Site and is used for the general name of the Specialist, the Customer. Buyer and Seller.

  1. Announcement - this is content (contain text/photo materials) that the User places on the Site for the purpose of receiving Services (selling Products and/or searching for a Customer by a Specialist or searching for a Specialist by the Customer).

  1. User Consent (hereinafter “Consent”)- a voluntary, specific, informed and unambiguous expression of will, in which the User, through a statement or clear positive action, agrees to the processing of his Personal and Statistical Data.

  1. Controller - any individual or legal entity, government agency, institution or other body that independently determines the purposes and methods of processing Personal and Statistical Data.

  1. Processor - a natural or legal person, government agency, institution or other body that processes Personal and Statistical Data on behalf of and on behalf ofThe controller.

  1. Personal Information - any information that is in the public domain and allows you to directly or indirectly identify the User. For example, first name, last name, phone number, IP address.

  1. Statistical data — any information that is in the public domain and directly or indirectly relates to the User. For example, information about the name or address of the User’s company.

  1. Helpmarket.ch platform (hereinafter referred to as the “Platform” or “Helpmarket.ch”) is a company that provides Users with the opportunity to receive Services for paymentand/or make sales/purchase of the Product, in accordance with the terms of the Terms of Use.

  1. Website of the Helpmarket.ch Platform (hereinafter referred to as the "Site") -means a web page or group of web pages on the Internet, which are located at:https://helpmarket.ch/ , through which the Platform provides Services to Users.

  1. Goods - this is a material result of labor activity or production processes that has useful properties and is intended for use by the consumer, and is placed by the Seller in the appropriate section of the Site for the purpose of its sale by the Buyer.

  1. Third party - means a natural or legal person, government agency, agency or body other than the User, Controller, Processor or Platform, and persons authorized by the Controller or Processor, under their direct authority, to process Personal and Statistical Data.

  1. Services –this is an algorithm of actions performed by the Platform to provide the Seller with the opportunity to post the Product on the Site and provide the Buyer with the opportunity to purchase such Product, and/or providing the Specialist with the opportunity to post his services and purchase them for the Customer,and/or allowing the Customer to post his Task for execution by the Specialist.

  1. Cookie is a piece of information in the form of text or binary data that is used by the Platform when you use the Site in order to obtain additional information.

  1. BASIC POINTS

  1. Platform acts as a Processor of Personal and Statistical Data that it receives from the User in the ways specified in this Privacy Policy, and the User acts as a Controller.

  1. The Platform processes and stores Personal Data based on the following legislation:
  1. Federal law on data protection (Data Protection Act, DSG) - Federal law on data protection (revDSG);
  2. The principles of legality, fairness and transparency in accordance withRegulation (EU) 2016/679 General Data Protection Regulation (GDPR).

  1. The Platform is not responsible for the processing of Personal and Statistical Data by any third parties that are not controlled or owned by Helpmarket.ch.

  1. PERSONAL DATA

  1. Platformmay receive the following Personal Data about the User:
  1. full name;
  2. e-mail;
  3. contact number;
  4. date of birth - solely at the request of the User, by filling out the appropriate field in the Account;
  5. gender - solely at the request of the User, by filling out the appropriate field in the Account;
  6. login and password for the Account;
  7. registration or location address;
  8. IP address.

  1. The Platform may receive the following Statistical Data about the User:
  1. education, language skills, work experience, profile photo, type of activity and trade register number;
  2. information that is in the public domain.

  1. The Platform may receive the following Statistical Data about the Buyer:
  1. details of transactions carried out by the Buyer through the use of the Site;
  2. data on purchased Goods;
  3. details of purchasing and viewing the Product.

  1. The Platform can receive the following Statistical data about the Customer:
  1. details of transactions carried out by the Customer through the use of the Site;
  2. details of transactions carried out by the Specialist through the use of the Site
  3. details of transactions carried out by Site Users when purchasing in the Subscriptions section
  4. data on purchased services of Specialists;
  5. details of purchasing and viewing services provided by a specialist.

  1. The Platform may receive the following Statistical Data about the Seller:
  1. data on preferences when choosing a Product;
  2. information about the Product: cost, technical characteristics, operating conditions, etc.;
  3. information that is in the public domain.

  1. The Platform can receive the following Statistical data about the Specialist:
  1. data on qualifications and experience;
  2. data on completed projects;
  3. data on services: type, scope of activity, terms of provision, cost;
  4. schedule and time of provision of services.

  1. The Platform may receive Personal and Statistical Data of the Specialist, which he independently places in the description when adding a service and/or in the description of the Task/Product, and in this case such data will be processed in accordance with the provisions of this Privacy Policy.

  1. The Platform does not purposefully collect or process the User’s Personal Data, which is necessary to pay for the Platform Services. Such Personal Data will be processed solely by the payment processor that processes all transactions on the Platform, and such Personal Data will be processed in accordance with the documentation of such payment processor.

  1. Users may leave reviews on the Site for Products and/or Services of Professionals and may leave any Personal and Statistical Data in such review. In this case, the User is solely responsible for the safety of such Personal and Statistical Data, since they are in the public domain.

  1. When posting Products/information about a Specialist’s services, the Platform may collect the following User Statistical Data:
  1. photographic materials;
  2. Personal and Statistical data that Users can transmit to each other during communication;
  3. information about language proficiency.

  1. The Platform may receive Personal and Statistical Data of the User during registration/authorization using his social network account or Google account, which is posted by the User in such services.

  1. The Platform may collect Personal and Statistical data when communicating with the User, obtained through social networks, instant messengers, and email. In such case, such data will be processed in accordance with this Privacy Policy.

  1. The Platform may process additional Personal and Statistical Data of the User necessary for the sale/purchase of Goods and/or provision of Services by the Specialist. In such a case, the Platform may request Personal and Statistical Data from the User, and they will be processed in accordance with the terms of this Privacy Policy.

  1. The Platform may obtain data about the preferences of Users by analyzing his behavior/choices on the Site and such data may be used to display relevant Advertisements to the User on the Site.

  1. The Platform may conduct surveys of Users and receive Personal and Statistical Data of the User, and in this case, the Personal and Statistical Data received during the survey will be processed in accordance with the terms of the Privacy Policy.

  1. The Platform may request from the User information about the place of registration/jurisdiction and/or location for compliance5th Directive (AMLD5)aimed at preventing money laundering and terrorist financing through the financial system of the European Union.

  1. Helpmarket.ch does not collect or process sensitive Personal Data of the User, such as race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, health information, sex life or sexual orientation.

  1. During communication, the User may disclose any information, Personal and Statistical data to another User. In such a case, the User is solely responsible for the disclosure of such data during communication with another User, and the Platform does not bear any responsibility for any loss of such data during communication.

  1. The Platform may collect and process Personal and Statistical Data that the User places in the Advertisement. The User is solely responsible for the publication of any Personal and Statistical Data posted by him in the Advertisement, since the Advertisement is in the public domain.

  1. When using the Site or receiving Services, Helpmarket.ch may automatically collect the following Personal and Statistical Data:
  1. IP address;
  2. setting time zone and language;
  3. operating system, device type and screen resolution;
  4. the country where you are located;
  5. data about your visit to the Site, including full URL information, navigation routes to the Site and when going to/exiting the Site (including date and time), page response time, data loading errors, length of stay on certain pages, activity on the page (such information such as scrolling and mouse movements, clicks), methods used to exit the page and telephone numbers used to contact the service center.

  1. The Platform has the right to collect and receive Personal and Statistical Data as follows:
  1. when providing Services;
  2. during registration/authorization;
  3. when interacting with Platform employees, by exchanging emails/messages, communicating with Platform employees;
  4. when monitoring and evaluating the User’s actions to identify and prevent fraud;
  5. use of log files, cookies and other tracking technologies;
  6. using instant messengers and social networks.

  1. The Platform has the right to use Personal and Statistical Data for the following purposes:
  1. provision of Services, including placement of Products/Tasks;
  2. to place the Specialist’s Products/services;
  3. to analyze the User’s preferences in order to display relevant Advertisements;
  4. to ensure the security of the Site;
  5. to administer the Site and conduct internal operations, including troubleshooting, data analysis, testing, and completing surveys;
  6. to improve navigation of the Site;
  7. communication with the User;
  8. responding to requests from law enforcement agencies;
  9. conducting research and analytical activities in order to improve the Site;
  10. control of the general and individual activity of Users, such as searching by keywords, activity by publishing Advertisements, carrying out transactions with other Users;
  11. communication with Users, including regarding service, customer service or authorized marketing communications through any available communication channels;
  12. conducting research and analytical activities in order to improve the Site;
  13. record keeping;
  14. promoting overall organizational goals;
  15. for training and/or quality control;
  16. satisfaction of legal obligations;
  17. to initiate responses to legal claims, investigations, or resolution of disputes with you.

  1. TRANSFER OF PERSONAL DATA

  1. Platform may transfer Personal or Statistical Data to entities with which the Platform cooperates in the implementation and provision of Services:
  1. Payment service. To receive payment for Services, Personal and Statistical Data may be transmitted automatically.
  2. Contractors and employees. The Platform may transfer your Personal and Statistical Data to other parties with whom it enters into cooperation, including legal and tax consultants, as well as persons providing accounting, logistics, marketing and IT services.
  3. Counterparties. The Platform may disclose or transfer Personal Data and Statistical Data in the following transactions: acquisition or merger, financing, corporate reorganization, joint venture, including sale of assets, or bankruptcy.
  4. Partners. The Platform may share your Personal and Statistical Data with marketing partners (e.g. Google, Twitter, Facebook, Instagram) and web analytics services solely to tailor the content displayed when you visit the Site, and your Personal and Statistical Data will be processed in accordance with the Policy confidentiality of the service receiving them.
  5. Courts, law enforcement and government agencies. The Platform has the right to transfer Personal and Statistical Data in the event of fulfillment of any legal obligations, including by court decision.

  1. Personal and Statistical Data may be transferred outside of Switzerland in the following cases:
  1. cooperation with foreign subjects of relations, regulated by current legislation and mandatory;
  2. the User providing explicit consent to such transfer. Unambiguous consent to the transfer of Personal data abroad is considered acceptance of this Privacy Policy in the manner established by the Privacy Policy;
  3. the need to conclude or complete a transaction between the owner of Personal Data and a third party;
  4. the need to protect the vital interests of the User;
  5. the need to protect public interest, establish, execute and enforce legal requirements.

  1. The transfer of Personal Data to a Third Party located outside the Swiss Confederation is carried out only if the Platform ensures adequate protection of Personal Data in cases established by the current legislation of the Swiss Confederation.

  1. USER CONSENT

  1. The following actions by the User constitute Agreement with the terms of this Privacy Policy:
  1. registration/authorization on the Site;
  2. posting an Advertisement;
  3. receiving Services.

  1. By agreeing to the terms of this Privacy Policy, the User gives his Consent to:
  1. use of his Personal and Statistical Data;
  2. processing of his Personal and Statistical Data by the Platform in accordance with the terms of the Privacy Policy;
  3. providing the Platform with additional information and Personal and Statistical Data upon its request;
  4. conditions for processing Personal and Statistical Data that the User places in the Advertisement;
  5. processing of his payment details by the payment service, in accordance with the terms of this Privacy Policy;
  6. provide the Platform with information about your jurisdiction and location.

  1. The Platform reserves the right to obtain User Consent through a pop-up form. The pop-up form may contain a Consent form in a checkbox (like a checkbox).

  1. STORAGE AND PROTECTION OF PERSONAL DATA

  1. Platform uses all necessary security measures and protection of Personal and Statistical Data to ensure their confidentiality and prevent loss or unauthorized disclosure.

  1. The Platform protects and stores Personal and Statistical Data from:
  1. losses;
  2. unlawful use, transfer, disclosure, modification, deletion and/or destruction.

  1. The Platform does not store Personal and Statistical Data of the User in the event of a request to delete Personal Data on his behalf in accordance with the right to deletion.

  1. The Platform stores Personal and Statistical Data on a server located in the jurisdiction of Germany.

  1. Helpmarket.ch has the right to store the User’s Personal and Statistical Data for3 (three) years after termination of the relationship in the following cases:
  1. for statistical accounting;
  2. if current legislation requires their storage;
  3. if they are necessary to conduct business.

  1. Helpmarket.ch has the right to store User reviews and data posted in them during the course of business based on business needs. Helpmarket.ch may delete this review based on the request of the User who left this review.

  1. GROUNDS FOR PROCESSING PERSONAL DATA

  1. Helpmarket.ch processes Personal and Statistical Data on the following legal grounds:
  1. User consent;
  2. receiving Services from the Platform;
  3. registration/authorization on the Site;
  4. placement of advertisements.

  1. In cases where the basis for the processing of Personal and Statistical Data is your Consent, you have the right to withdraw it at any time. To withdraw your consent, you can send an email to: info@helpmarket.ch . If your Consent is revoked, the Platform has the right to stop providing the Services and terminate all relations with you. If Consent is revoked, your Personal and Statistical Data will be permanently deleted.

  1. The Platform undertakes to stop processing Personal and Statistical Data within15 (fifteen) working days from the moment of receipt of the consent revocation.

  1. USER RIGHTS

  1. The Platform provides the following rights to the User (resident of the EU and European Economic Area):

  1. Access right. The User may contact us directly to request access to the Personal Data and Statistical Data we store, as well as any information.

  1. Right to erasure. The User has the right to delete Personal and Statistical data about himself. In this case, personal data will be permanently deleted.

  1. Right to data portability. We may send the User's Personal and Statistical Data to Third Parties at the User's request.

  1. Right to rectification. The User has access to Personal and Statistical Data, which must be updated, corrected and supplemented at any time.

  1. Right to object. The User has the right to object to the processing of his Personal and Statistical Data at any time.

  1. Automated individual decision making including profiling. The User has the right not to be subject to a decision based solely on automated processing of his Personal and Statistical Data, including profiling, which has legal consequences for him or similarly significantly affects him.

  1. The Platform provides the following rights to the User (resident of the Swiss Confederation):

  1. Access right. The User may contact us directly to request access to the Personal Data we hold, as well as any information regarding the processing of such Personal and Statistical Data.

  1. Right to Publication or Transfer of Data.  The User may send a request to the Platform for the transfer/publication of their Personal Data in electronic form.

  1. Right to rectification. The User has access to Personal Data, which must be updated, corrected and supplemented at any time. The User may also request that the Personal Data be corrected, deleted or destroyed, that Personal Data not be processed or disclosed to third parties, or that a notice of a dispute or decision be communicated to third parties or published.

  1. Right to object to disclosure of Personal Data. The User may object to the disclosure of Personal Data by the Platform.

  1. Right to erasure. The user has the right to submit a request to delete Personal data about himself. In this case, personal data will be permanently deleted. The platform may refuse to delete personal data on the basis of legal obligations or overriding private or public interests (Article 31 revDSG).

  1. Right to object/refuse. The User has the right to object to the processing of his Personal Data at any time. However, the right to object/refuse is not absolute. The Platform may continue to process Personal Data or, accordingly, refuse to restrict the processing or deletion of Personal Data if and to the extent necessary for compliance with their legal obligations, performance of a contract or for the purposes of other overriding public or public interests (Article 31 revDSG)

  1. Right not to be subject to automated decision making. The user may object to automated individual decision-making citing limitations on the right to object. The Platform informs the User if it uses automated individual decision-making (Article 21 of the revised version of the revDSG).

  1. SUBMITTING A REQUEST

  1. User in any jurisdiction has the right to submit a request to the Platform if he believes that his rights have been violated by writing a request in writing to Platform support at the following email address:info@helpmarket.ch 

  1. The User's request must contain reliable information about the requirements for the Platform. If the request does not specify the exact requirements, the Platform has the right to refuse to fulfill the request.

  1. We will not be able to respond to your request or provide you with Personal and Statistical Data unless we can verify your identity and confirm that the Personal and Statistical Data belong to you. If a request is received with false information and/or if it is impossible to confirm the User’s identity, the Platform has the right not to process the received request and contact the User for clarification. If a response to a request for clarification is received, the User must provide a new corrected request or submit a new request.

  1. The Platform is obliged to respond to the request or fulfill the conditions set out in the request within30 (thirty) calendar days from the moment of its receipt.

  1. RESPONSIBILITY

  1. In case of any loss of Personal and Statistical Data, in accordance with Art. 24 revDSG The Platform notifies the Federal Data Protection Commissioner (FDPIC) of such a violation of the protection of Personal and Statistical Data of the User.

  1. Platform informs the User that Personal and Statistical Data may be used to provide Services, and in case of disagreement with this, the User does not have the right to receive Services.

  1. If the User provides unreliable Personal and Statistical Data, responsibility for the result of such provision, including the inability to receive Services, lies with the User.

  1. In the event that Personal Data is disclosed or transferred to a Third Party located in countries with an inadequate level of access, the Platform will notify the User by sending a notification via email.

  1. The Platform is not responsible for any damage caused to the User as a result of the use of his Personal and Statistical Data by a Third Party.

  1. The User may disclose any data while communicating with other Users, in which case, the User is solely responsible for the disclosure of such data, and the Platform is not responsible for any loss of such data due to their disclosure by the User during communication with another User.

  1. Platform may link to other websites or services. The privacy policies of these websites and services are not subject to the terms of this Privacy Policy, and the Platform cannot be responsible for the processing of User Personal Data and Statistical Data by third party websites and services.

  1. The Platform does not verify the accuracy of data about the Product posted by the Seller on the pages of the Site, and therefore does not bear any responsibility for the accuracy of such data about the Product, as well as for any losses arising from its use by the Buyer.

  1. For failure to comply with their obligations in accordance with the terms of the Privacy Policy, the User is responsible and obliged to compensate the Platform for all losses and damages that could be directly or indirectly caused by a violation of the User’s obligations under the terms of this Privacy Policy.

  1. The Platform does not verify the accuracy of the data about the Specialist’s services posted on the pages of the Site, and therefore does not bear any responsibility for the accuracy of such data about the services or qualifications of the Specialist, as well as for any losses resulting from their receipt by the Customer.

  1. The Platform does not verify the accuracy of Personal and Statistical data and information in the User's Tasks posted on the pages of the Site, and therefore does not bear any responsibility for the accuracy of such data.

  1. The User guarantees that the Personal and Statistical Data provided during registration and use of the Site are accurate, correct and up-to-date, and that he has the right to use this data. The User undertakes not to mislead the Platform and/or other Users about his/her identity/name, and also not to post on the Site the addresses, telephone numbers, email addresses, passport/registration data and other information of any Third Parties. The User undertakes to update Personal and Statistical data when they change. If the Platform detects false information or information that may mislead other Users, the Platform has the right to apply the following sanctions: cancel registration and/or suspend it and/or stop providing access to the Services and/or require additional documents of the User's data. In case of application of penalties to the User, the Platform notifies the User by sending him a notification using email.

  1. The Platform is not the owner/manufacturer of the Product, and therefore does not guarantee that the image of the Product on the Site corresponds to the technical characteristics of the Product received by the Buyer.

  1. Helpmarket.ch is not responsible for:
  1. loss of Personal data in the event of a hacker attack, hacking of the Site software, unlawful actions of Third parties, as well as actions that violate the terms of the Privacy Policy;
  2. impossibility of providing Services or poor quality provision of Services if the User provides unreliable Personal and Statistical data or any other information;
  3. provision by the User of false information.

  1. Unfortunately, the transmission of information over the Internet cannot be completely secure. Although we make every effort to protect Personal Data, we cannot guarantee the secure transmission of Personal Data and Statistical Data on the Site. In this regard, you are solely responsible for possible failures in the transfer of your Personal Data to the Platform.

  1. COOKIE

  1. Cookies do not transmit viruses and/or malware to your device because the data in cookies does not change during transmission and does not in any way affect the performance of your device. They are more like logs (i.e., they record User actions and remember status information) and are updated each time you visit the Site.

  1. The platform uses cookies for the following purposes:
  1. authentication and identification;
  2. storing personal preferences and settings;
  3. tracking access sessions;
  4. storage of statistical data;
  5. Site analysis.

  1. When providing the Services, we may use the following types of Cookies:
  1. Session Cookies, also known as temporary Cookies, exist only in temporary memory while the User is on a page of the Site. Browsers typically delete session Cookies after the User has closed the browser window.
  2. Persistent cookies are deleted on a certain day or after a certain period of time. This means that information about Cookies will be transmitted to the server whenever the User visits the website to which these Cookies belong.
  3. Third Party Cookies are a type of file that appears when a web page contains compressed content from external websites, such as links to other websites. For example, they may be used to track the User's browsing history on other websites.

  1. Cookies web analytics are used to analyze user behavior when viewing various pages of a website.

  1. The platform can use the following web analytics services:
  1. the Platform’s own analytics;
  2. Google Analytics;
  3. Facebook Analytics.

  1. In many cases, web browsers allow cookies to be stored on the User's end device by default. Users of the website can at any time change the settings of Cookies in such a way as to block the automatic processing of Cookies or to report each placement on the Website User's device. Detailed information about the possibilities and methods of processing Cookies is available in your browser settings.

  1. ADULT POLICY

  1. The Platform services are intended for persons who have reached the age of majority, in accordance with the laws of the country of residence of such person. The Platform does not process Personal and/or Statistical data of persons under this age.

  1. The Platform has the right to delete Personal and Statistical data of a person who has not reached the age of majority, without warning or any consequences for the Platform, and also to stop providing Services to such a person.

  1. If you have information about the receipt of Services by a person under the age of consent, please contact the Platform support service by sending an email to:info@helpmarket.ch 

  1. CHANGES TO PRIVACY POLICY

  1. We may change the Privacy Policy from time to time to ensure the security of Personal and Statistical Data and to comply with the legal requirements of the jurisdiction in which we operate.

  1. The User is obliged to familiarize himself with the new terms of the Privacy Policy and Helpmarket.ch is not responsible if the User has not familiarized himself with the new terms of the Privacy Policy.

  1. Helpmarket.ch updates the modification date of the current version of the Privacy Policy in the "Updated" line at the top of the document.

  1. Our electronic or otherwise stored copies of the Privacy Policy are deemed to be true, complete, valid, enforceable and in effect at the time of your visit to the Site.

  1. CONTACTS

  1. User has the right to contact the Platform support service at:info@helpmarket.com to ensure his rights, in accordance with the terms of this Privacy Policy, or in the event of a violation of his rights, or to leave feedback or ask a question.