Privacy Policy

Introduction

This privacy policy provides you with details of how we collect and process your personal data.

EMBARK.LAW Ltd. (referred to as “we”, “us” or “our” in this privacy policy) is the data controller. We are responsible for your personal data.

Our full details are:
EMBARK.LAW Ltd.
Könizstrasse 256, CH-3097 Bern-Liebefeld, Switzerland
hello@embark.law

By providing us with your data, you warrant to us that you are over 18 years of age.

Attorney-Client Privilege

This privacy policy explains how we collect and process personal data in accordance with the relevant data protection laws. However, data entrusted to us by our clients also falls under the attorney-client privilege. The attorney-client privilege may provide for different and/or additional protections and rules.

Please be aware that no attorney-client relationship is formed when you contact us through our website www.embark.law or similar communication channels. Please do not send us confidential data through these channels.

What Data Do We Collect About You, for What Purpose and on What Ground Do We Process It

Personal data means any information capable of identifying an individual. It does not include anonymized data.

We may process the following categories of personal data about you:

  • Contact and Communication Data: This includes name, title, address, email address, phone number or any other contact details. It also includes any communication that you send to us whether that be through our website www.embark.law, email, text, social media messaging, social media posting, video and audio calls or any other means of communication. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to communicate with you, to keep records and to establish, pursue or defend legal claims.
  • Client Data: This includes data relating to any contract of engagement between us. Such data includes your name, title, address, email address, phone number, contact details, transaction details, and any other information necessary for us to fulfill our contract with you. We process this data to supply the services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
  • Technical Data: This includes data about your use of our website www.embark.law, such as your IP address, details about your browser, etc. This data is logged automatically by our browser when you access our website and processed by our tracking tool etracker. We process this data to administer and protect our business and website and to analyse website usage. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly protect and administer our website and to optimize our offers and our website.

We do not collect any sensitive personal data about you, except with your consent if necessary to fulfill a contract of engagement with you.

We will only use your personal data for the purposes for which we collected it and for reasons compatible with these purposes. If we need to use your personal data for a purpose unrelated to the purpose for which we collected the data, we will let you know and explain the legal ground of processing. We may process your personal data without your knowledge or consent where this is required or permitted by law.

We do not carry out automated decision making or any type of automated profiling.

How We Collect Your Personal Data

We may collect your personal data when you provide it directly to us (for example by sending us emails). Our website automatically collects certain data from you as you use it.

We may receive data from third parties such as providers of technical and payment services like Stripe based outside of Switzerland and the EEA.

We may also receive data from publicly availably sources.

Cookies and Tracking

As a rule, we only use essential cookies on our website. These cookies enable you to use the website effectively – without them, parts or the entirity of our website would not function properly. However, we do use embedded media (YouTube videos) in our blog. When you look at these videos, YouTube will place its own cookies on your device. For this reason, we ask for your consent before loading any embedded media.

etracker

We use www.etracker.com to analyse the usage of our website. Etracker is a data protection sensitive tracking tool: It does not use cookies, and any data that may possibly allow a reference to an individual person, such as IP address, registration or device IDs, etc. is anonymised or pseudonymised as soon as possible. If you do not want us to analyze your website usage with etracker, please toggle the switch below.

Further information on data protection with etracker can be found here.

Disclosures of Your Personal Data

We may have to share your personal data with the parties set out below:

  • Service providers, for example for IT and system administration services.
  • Professional advisers including bankers, auditors and insurers.
  • Government bodies that require us to report processing activities.
  • Third parties to whom we sell, transfer, or merge parts of our business.

We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

Client data is subject to the attorney-client privilege, which provides for additional protection against disclosures. We only disclose this data in line with the rules governing the attorney-client relationship.

We never sell or rent your personal data to any third party.

International Transfers

If we need to transfer data to a third-party service provider based outside of Switzerland and the EEA, we will ensure that certain safeguards are in place to ensure a similar degree of security for your personal data. As such:

  • We may transfer your personal data to countries that the Federal Data Protection and Information Commissioner and the European Commission have approved as providing an adequate level of protection for personal data; or
  • We may use Standard Contractual Clauses approved by the Federal Data Protection and Information Commissioner and the European Commission, supplemented by adequate additional measures as required by data protection law.

If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.

Data Security

We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorization. We allow access to your personal data only to those partners who have a business need to know such data.

Data Retention

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

Third Party Links on Our Website

Our website www.embark.law may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies. When you leave our website, we encourage you to read the privacy policy of every website you visit.

Your Legal Rights

Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, or transfer, to object to processing or portability of data, and to withdraw consent.

If you wish to exercise any of the rights set out above, please email us at hello@embark.law. You will not have to pay a fee for any legitimate request to access your personal data or to exercise any of the other rights.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Federal Data Protection and Information Commissioner, the supervisory authority for data protection issues in Switzerland (www.edoeb.admin.ch). We would be grateful if you contacted us first if you do have a complaint so that we can try to resolve it for you.