Privacy Policy

Last updated: 07 June 2022

This Privacy Policy (“Privacy Policy”) is designed to provide data subjects (individuals) with information on the processing of their personal data (any information relating to them) in the context of use of Membrace (https://membrace.ai) (“Service”).

1. Controller

Intertech Services AG (Werftestrasse 4, 6005 Luzern, Switzerland), Beyond ML Limited Liability Company (Republic of Armenia, Yerevan, 0026, st. Arshakunyats 49-22) is the controller of personal data processed under this Privacy Policy, depending on which legal entity provides you Service. It means that Intertech Services AG or Beyond ML LLC determines the purposes and means of processing of the personal data. If you receive the Service from other entity, it shall be considered as the controller with regard to your personal data.

Data subjects can contact Membrace on any questions relating to the processing of their personal data under this Privacy Policy by either of the following methods:
Postal address: Werftestrasse 4, 6005 Luzern, Switzerland
Email: [email protected]

2. Purposes and legal bases for the processing

Membrace processes personal data to provide the Service to its users; to comply with applicable laws; to market the Service; to improve the Service; to protect Membrace’s legal rights.
When doing so, Membrace relies on (1) the necessity of the processing for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; (2) the necessity of the processing of personal data to comply with its legal obligations; (3) the necessity of the processing of personal data for the purposes of the legitimate interests pursued by Membrace. In some cases, Membrace relies on (4) a consent of a data subject to process his or her personal data.
The legitimate interests of Membrace consist of (1) compliance with applicable laws and regulations; (2) promoting the Service (except for the cases, where consent is required); (3) improvement of the Service; (4) protection of Membrace’s legal rights. Data subjects can get more information on the legitimate interests pursued by Membrace and relevant balancing tests by sending a request with the use of contact details specified in section 1 of this Privacy Policy.

3. Categories of personal data concerned

Under this Privacy Policy, Membrace processes the following categories of personal data:

1) full name;
2) email address;
3) phone number;
4) other registration/authentication data which may be provided by the users;
5) information about use of the Service collected through cookies or similar technologies.

For sources of personal data please see section 11 of this Privacy Policy.

4. Recipients of personal data

Membrace discloses certain personal data of the data subjects to the following recipients to the extent permitted by applicable law:

·      affiliate entities of Membrace which are a part of the same group of companies;
·      provider of the Toloka service (https://toloka.ai/);
·      partners assisting in provision of the Service by Membrace and achievement of other purposes mentioned in the section 2 of this Privacy Policy;
·      various state and municipal authorities if strictly required to respond to their legitimate formal inquiries;
·      other third parties when it is required for compliance with applicable laws.

5. Transfers to third countries

Membrace may transfer personal data of the data subjects to third countries, including those that do not provide the same level of data protection as in the country of your residence. When doing so, Membrace ensures implementation of security measures aimed at protection of your personal data in an appropriate manner, including, but not limited to, entering into Standard Contractual Clauses for international data transfers in the form approved by the European Commission.

The data subjects can get more information on the mechanisms of transfers to third countries by Membrace by sending a request with the use of contact details specified in section 1 of this Privacy Policy.

6. Storage periods

Membrace stores personal data of the data subjects as long as it is required to achieve the purposes of the processing specified in section 2 of this Privacy Policy, unless there are specific periods defined in applicable laws.

7. Basic rights of data subjects

The data subjects, in respect of their personal data, have rights to:

1) access;
(The data subject can ask Membrace to confirm whether or not Membrace processes their personal data. If so, the data subject can access these personal data and can ask Membrace to explain certain details of the processing.)

2) rectification;
(The data subject can ask Membrace to correct inaccurate personal data concerning him or her. If it complies with the purposes of the processing, the data subject can ask Membrace to complete incomplete personal data.)

3) erasure (‘right to be forgotten’);
(The data subject can ask Membrace to erase personal data concerning him or her under applicable law. For example, this applies if (1) the personal data are no longer necessary in relation to the purposes for which they were processed; (2) the data subject withdraws consent to the processing and there is no other legal ground for the processing; (3) the personal data have been unlawfully processed.)

4) restriction on processing;
(The data subject can ask Membrace to mark the stored personal data with the aim to limit their processing in the future under applicable law. This applies if (1) the data subject contests the accuracy of the personal data; (2) the data subject asks to restrict the use of the personal data when their processing is unlawful; (3) the data subject needs personal data to protect their rights when Membrace no longer needs the personal data; (4) the data subject has objected the processing based on the legitimate interests pursued by Membrace or by a third party.)

5) objection to processing;
(The data subject can object, on grounds relating to their particular situation, at any time to processing of personal data concerning him or her which is based on the legitimate interests pursued by Membrace or by a third party. Membrace shall no longer process the personal data unless Membrace demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.)

6) portability.
(When the processing is based on consent of the data subject or on a contract with the data subject, the data subject can receive the personal data concerning him or her, which he or she has provided to Membrace, in a structured, commonly used and machine-readable format and can freely transmit those data to another controller. Where technically feasible, the data subject can also ask Membrace to transmit the personal data directly to another controller.)

To exercise their rights, data subjects can contact Membrace with the use of contact details specified in section 1 of this Privacy Policy.

8. Withdrawal of consent

Where processing is based on consent (or explicit consent), the data subject has the right to withdraw consent at any time. The withdrawal of consent does not affect the lawfulness of the processing based on consent before its withdrawal. To withdraw consent, the data subject can contact Membrace with the use of contact details specified in section 1 of this Privacy Policy.

9. Right to lodge a complaint with a supervisory authority

Data subject has the right to lodge a complaint with a supervisory authority in his or her habitual residence, place of work or of an alleged infringement of applicable law.

10. Necessity to provide personal data

Data subjects shall provide Membrace with personal data processed under this Privacy Policy so that Membrace can provide the Service to the user. If data subjects do not provide Membrace with the relevant personal data, the user will not be able to use the Service.

11. Sources of personal data

Membrace collects personal data from data subjects themselves.

12. Changes to this Privacy Policy

Membrace may change this Privacy Policy from time to time at its sole discretion. If so, Membrace notifies the data subjects about material changes by an appropriate method.