I. Data Protection Declaration

MLS Communications AG (hereinafter “MLS Communications,” “we,” or “our”) takes the protection of your personal data (hereinafter the “client,” “you,” or the “data subject”) very seriously. We adhere strictly to applicable data protection laws and principles of purpose limitation, collecting, processing, and storing your personal data only for specified or obvious purposes. Through this data protection declaration, we aim to inform you about the type, scope, and purpose of the personal data we collect, use, and process. This declaration also details the rights to which data subjects are entitled. Within our company, we treat data protection with the utmost importance, holding our employees and service providers to strict confidentiality and data protection regulations. We have implemented numerous technical and organizational security measures to protect your personal data against unauthorized access and misuse. These measures are regularly reviewed and adapted to technological advances. However, data transmissions over the internet may have security vulnerabilities, and absolute protection cannot be guaranteed. This data protection declaration is available in German, English, French, and Italian. In case of any ambiguities or conflicts, the German version shall apply.

II. Data Controller’s Name and Address

III. Use of Personal Data for Purchasing and Using MLS Communications Products

MLS Communications offers various products that require and collect different types of personal data. This includes operating hosted/virtual telephone systems, providing telecommunications connections, offering internet and mobile subscriptions, and acquiring devices and SIM cards. Data collected and used in connection with telecommunications services is not combined with other data. To deliver our services and products, we collect, process, and use customer data as permitted under applicable Swiss laws, including the Swiss Federal Act on Data Protection (FADP) and its related ordinances, as well as the Federal Act on the Surveillance of Postal and Telecommunications Traffic (SPTA) and its related ordinances.

1. Establishing and Executing Contractual Relationships

Data related to contracts (see below) is processed (in particular, stored) as necessary to establish, shape the content, or amend the contractual relationship. MLS Communications may use this data for marketing purposes, including advertising its own offers in which we have a legitimate interest. Upon termination of the contractual relationship, contract data will be deleted after six months unless there are legal retention requirements for a longer period. Specifically, we collect and process:

  • Basic personal data (e.g., name, company name, telephone number(s), email address(es), address, contact persons within the company)
  • Basic contract data (e.g., contract relationship, product interest)
  • Contractual and payment information (e.g., payment method, relevant financial institution with account number, account holder, etc.)
  • Payment data via Mastercard/Visa/Paypal/Postfinance through Datatrans, which complies with PCI DSS standards and is certified PCI Level 1
  • Payment data via TWINT through SIX Payment AG
  • Advance payment history
  • Client history
  • Planning and control data
  • Any other inventory data provided to us

As a registered customer, you can view and manage your inventory/contract data on the customer portal.

2. Inventory Data for Telecommunications Services

In addition to general requirements mentioned above, the following rules apply specifically to telecommunications services (e.g., telephony, fax) and the generated inventory data:

MLS Communications processes (in particular, stores) customer inventory data to meet statutory storage obligations, support and advise customers, and for billing purposes, always in compliance with the contractual provisions.

  • Telephone numbers and other connection identifiers
  • Subscriber name and address
  • Start date of each subscription contract
  • Online status of the telephony system, phone devices, users (for virtual telephony systems), and their IP addresses

This data is retained by MLS Communications for up to six months after the end of the contract. It will then be deleted unless retention is required for other legal obligations.

3. Traffic/Usage Data for Telecommunications Services

When our telecommunications services are used, we collect and use traffic/usage data (data collected, processed, or used as part of providing the telecommunications service) for the following purposes: billing and service adaptation based on usage needs. This processing is necessary for the contract execution of our services. Furthermore, we process traffic/usage data to provide added-value services, identify and resolve disruptions and errors, detect and prevent service fraud and other illegal uses of MLS communications services, in which we have a legitimate interest.

Legal obligations for processing and storage may also apply. Collected traffic and usage data include, for example:

  • Customer identification
  • Numbers or identifiers of the relevant connections
  • Start and end of connection with date and time
  • IP addresses of the caller and recipient, as well as assigned user identifiers
  • Additional traffic data necessary for calculating fees

Usage and traffic data is deleted immediately after the connection ends unless required for contractual billing purposes. MLS communications must retain identification data for up to six months after the contract ends. If billing disputes arise, MLS communications has the right to retain usage and traffic data until the dispute is resolved.

4. Transfer of Data to Third Parties

Your personal data will not be transferred to third parties for purposes other than those specified in this privacy policy. Without your explicit consent or a legal basis, personal data will not be shared with third parties, except where necessary to provide the service, to fulfill a contract and/or take pre-contractual measures, or due to our legitimate interests. MLS Communications may also share your personal data with its affiliates and partners. MLS Communications may disclose your personal data if required to do so by law, regulation, or authorities, or if it is deemed necessary or appropriate for law enforcement purposes. MLS Communications reserves the right to transfer your personal data if we sell or transfer all or part of our business or assets (including in cases of restructuring, dissolution, or liquidation).

5. Partners Concerning the Provision of Our Services

Peoplefone has the following affiliates and partners to deliver its specific offerings/services:

  • For the “Peoplefone APP” service: Acrobits s.r.o., Jindrisska 24, Prague, Czech Republic (software provider for mobile application telephony).
  • For the “Peoplefone INTERNET” service: Cyberlink AG, Bellerivestrasse 241, CH-8008 Zurich, and IP Worldcom SA, Chemin du Vuasset 4, CH-1028 Preverenges (internet connection providers).
  • For the “Peoplefone CONNECTOR” service: Blendr NV, Grauwpoort 1, 9000 Ghent, Belgium (software provider for telephony integration with CRM/ERP software).
  • For the “Peoplefone DATASIM” service: Digital Republic AG, c/o The Hub Zurich Association, Sihlquai 131/133, CH-8005 Zurich (SIM card provider for mobile internet).

To the extent necessary to provide the mentioned services, Peoplefone will or may share your data with these partners. You can find more details in the personal data protection regulations on the respective partners’ websites. Peoplefone reserves the right to involve other partners and/or third parties for service provision.

6. Notification to Swisscom Directories AG

Subscriber Directories
As a telecommunications service provider, MLS Communications is legally required to provide Swisscom Directories AG with registered Swiss phone numbers, names, and addresses for subscriber directories. Clients can determine with Swisscom Directories AG which information is published in the directories. Clients may opt out of their listing with Swisscom Directories AG or request removal from telephone directories at any time.

Emergency Call Centers
As a telecommunications service provider, MLS Communications is legally obligated to provide Swisscom Directories AG with the name and address for each Swiss number to locate the geographically responsible emergency call center in Switzerland.

More details on Swisscom Directories AG’s personal data protection provisions can be found on their website.

7. Data Privacy Choices in Telecommunications Services

Displaying Phone Numbers for Outgoing Calls
Our service allows the option to display caller line identification on outgoing calls to the called party on a permanent or per-call basis, provided that the telecommunications equipment supports this function. To protect our clients, caller identification is disabled (default setting). The client may activate caller ID in the client portal. For telephone calls between MLS Communications clients, the client’s internal phone number (“SIP-ID”) cannot be removed for technical reasons. Number blocking is inactive for calls to emergency numbers.

Detailed Billing
Upon entering into the contract, the client authorizes MLS Communications to save connection data (see above). The detailed billing statement (EVN) lists all incoming and outgoing connections individually, showing the date, destination number, start time, and duration of the connection, along with the rate of each chargeable connection. Clients can view and export the EVN in their administration portal. Business clients with a corporate contract receive the EVN with their monthly bill. Based on the desired display format for called numbers, clients can choose between the following options free of charge:

  • Display of the full phone number (default setting).
  • Display of the phone number with the last three digits shortened.

Sending and Receiving Faxes via Email
The client may activate fax reception and transmission via email in the client portal. MLS Communications retains documents until transmission is successfully completed. After transmission, the documents are deleted.

8. Client Information via Email (Newsletter), SMS, or WhatsApp

MLS Communications informs its clients and business partners via email, SMS, or WhatsApp when the corresponding client credit falls below a certain limit or if a subscription is nearing expiration, as well as in the event of service disruptions or limited availability of MLS Communications services. MLS Communications uses MessageBird for SMS or WhatsApp transmissions. The provider is MessageBird GmbH, Neuer Wall 63-2 & 63-3, DE-20354 Hamburg. Only necessary data (mobile phone number, first name, last name, company name) is transferred from the client portal for SMS/WhatsApp transmissions. You can disable or modify the notification function in the MLS Communications client portal at any time (thus stopping the corresponding data processing).

9. Newsletter

MLS Communications irregularly informs its clients and business partners via email about company news. Regarding the newsletter subscription, data submitted through the input form will be processed.

Our company’s newsletter can only be received if the recipient (1) has a valid email address and (2) registers to receive it. When signing up for the newsletter, we also record the IP address assigned by the Internet Service Provider (ISP) of the system used by the recipient at the time of registration, as well as the date and time of registration. This data collection is necessary to trace potential misuse of an email address. We have a legitimate interest in this, as well as in the marketing activities associated with the newsletter described here.

The personal data collected during newsletter registration is used exclusively for sending the newsletter. Newsletter subscribers may also be informed by email if necessary for the operation of the newsletter service or for registration, such as changes to the newsletter offer or technical conditions. The recipient can unsubscribe from the newsletter at any time. There is a link to do so in every newsletter. Additionally, it is possible to unsubscribe directly on the MLS Communications client portal or by emailing MLS Communications.

MLS Communications uses TrendMailer for newsletter distribution. TrendMailer is provided by Trendpoint GmbH, a Whitelabel Partner of CleverReach GmbH & Co KG, based in 26180 Rastede, Germany. TrendMailer is used to organize and analyze newsletter distribution. The data you enter for newsletter subscription (e.g., email address) is stored on CleverReach servers in Germany and Ireland.

Our newsletters sent with TrendMailer allow us to analyze recipient behavior. This includes tracking the number of recipients who opened the newsletter and link click frequency. Conversion tracking may also analyze if a predefined action (e.g., purchasing a product on our website) took place after clicking a link in the newsletter. Further information on data analysis through TrendMailer newsletters is available at: https://www.cleverreach.com/en/features/reporting-tracking/.

If you do not wish to receive TrendMailer/CleverReach analysis, you must unsubscribe from the newsletter. A link is provided for this purpose in each newsletter message. We retain your data for the newsletter subscription until you unsubscribe, after which it is deleted from our servers and those of TrendMailer/CleverReach. Data stored for other purposes (e.g., member area email addresses) is not affected.

10. Payment Service Provider

If, during the ordering process, the recipient chooses to pay via the online payment service Datatrans AG (Kreuzbühlstrasse 26, 8008 Zurich; e.g., credit card payment, PostFinance, PayPal, etc.), contact, order, and transaction data is transmitted to Datatrans AG (and through Datatrans AG) to the card issuer or PayPal (PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg) for payment processing. If the recipient chooses to pay via TWINT, LSV, or Ebill, their contact, order, and transaction data is transmitted through our usual bank or Six Payment Services to their bank for payment processing. Data processing is performed in the context of contract fulfillment and/or our legitimate interest.

11. Data Collection via Our Website

The MLS Communications website collects general data and information each time the website is accessed by an individual or an automated system. This data is stored in the server log files. It may include (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which the accessing system reaches our website (referred to as the “referrer”), (4) the sub-web pages accessed on our website, (5) the date and time of access, (6) an Internet protocol (IP) address, (7) the Internet service provider of the accessing system, and (8) other similar data and information used to prevent risks in the event of attacks on our IT systems. Using this general data and information, MLS Communications does not draw conclusions about the individual. This information is needed instead to (1) correctly deliver the content of our website, (2) optimize the content of our website and its advertising, (3) ensure the continued functionality of our IT systems and website technology, and (4) provide law enforcement authorities with the information necessary for prosecution in case of a cyberattack. This anonymously collected data and information is statistically analyzed by MLS Communications to improve data protection and security at our company and ensure optimal protection of the personal data we process. It is collected in our legitimate interest. The server log files’ anonymous data is stored separately from any personal data provided by an individual.

Registration Individuals have the option to register on our website by providing personal data. The personal data transmitted to MLS Communications is determined by the input form used for registration. The personal data provided by the individual is collected and stored solely for internal use by MLS Communications and for its purposes. The recording on the MLS Communications website of the IP address assigned by the Internet service provider (ISP) of the individual, as well as the date and time of registration, allows these data to be stored to prevent misuse of our services and, if necessary, clarify any offenses committed. In this regard, we have a legitimate interest in storing this data. The registration of an individual, including the voluntary provision of personal data, serves MLS Communications in offering content or services that, by nature, can only be offered to registered users. We have a legitimate interest in processing the corresponding data, or it is done as part of contract fulfillment. Registered individuals can modify or delete the personal data they provided during registration from the MLS Communications database at any time.

SSL or TLS Encryption This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or requests you send us as the site operator. You can recognize an encrypted connection by the fact that the browser address line changes from “http://” to “https://” and by the lock icon in your browser’s address bar. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Contact Form / Email and Live Chat If you send us requests/information via the contact form/request for proposal or by email, the data you provide, including your contact details, will be retained for processing your request and in case of follow-up questions. The data you enter in the form or live chat will remain with us until you request its deletion or the purpose of storage no longer applies. Prevalent private or public interests, particularly retention periods, are reserved.

Tawk.to MLS Communications uses the Tawk.to widget, a service for interacting with the Tawk.to live chat platform operated by Tawk.to Inc., 187 East Warm Springs Rd, SB298, Las Vegas, NV, 89119 USA. Users can interact directly through the live chat platform to contact or be contacted by the support team responsible for our website. Collected data includes chat history, IP address at the time of chat, and country of origin. This data is not shared with third parties and is used exclusively for support purposes (including documentation of provided support services) and internal statistics, in which we have a legitimate interest. The Tawk.to widget also allows MLS Communications to track your website usage activities in real time. For more details, please refer to the Tawk.to personal data protection policy: https://www.tawk.to/data-protection/gdpr/.

External Hosting This website is hosted by an external service provider (Host). Personal data collected on this site is stored on the host’s servers. This may include IP addresses, contact requests, communication and metadata, contract data, contact details, names, website accesses, and other data generated by a website. Our host will only process your data as necessary to fulfill its service obligations and will follow our instructions regarding this data. The use of the host aims to fulfill contracts with potential and existing customers and is in the legitimate interest of secure, fast, and efficient provision of our online offerings by a professional provider.

Cloudflare We use the “Cloudflare” service operated by Cloudflare Inc., 101 Townsend St, San Francisco, CA 94107, USA. Cloudflare is a globally distributed Content Delivery Network (CDN) with DNS. Technically, the transfer of information between your browser and our website is routed through the Cloudflare network. This allows Cloudflare to analyze data traffic between your browser and our website and serve as a filter between our servers and potentially malicious data traffic from the Internet. Cloudflare may also use cookies or other technologies to recognize users, but they are only used for the purposes described here. The use of Cloudflare is based on our legitimate interest in providing our website offering in the safest and most error-free manner possible. For more details, refer to Cloudflare’s personal data protection policies: https://www.cloudflare.com/privacypolicy/.

Cookies This website uses cookies. More information is available at: https://www.peoplefone.ch/cookies?locale=fr-ch. MLS Communications uses the “Cookiebot” Consent Management Tool, a product of Cybot A/S, Havnegade 39, 1058 Copenhagen, Denmark (“Cybot”). Through Cookiebot, MLS Communications informs you about cookie usage on the website and allows you to decide which cookies you want to allow. If you agree to the use of cookies, the following data will automatically be logged by Cybot: (1) Anonymized IP number; (2) Date and time of consent; (3) User agent of your browser; (4) Website URL; (5) A random, anonymous key; and (6) Your authorized cookies status as proof of your consent.

12. Audio and Video Conferencing

We use online conferencing tools (“conferencing tools”) to communicate with our clients. The conferencing tools we use are listed below. If you communicate with us via video or audio conference over the Internet, personal data is collected and processed by both us and the conferencing tool provider.

The conferencing tools collect all data you provide to use these tools (email address and/or phone number). Additionally, the tools record the conference duration, start and end times of conference participation, participant count, and other “contextual information” related to the communication process (metadata). Furthermore, the conferencing tool provider processes all technical data necessary to facilitate online communication, including IP addresses, MAC addresses, device identifiers, device type, operating system type and version, client version, camera type, microphone or speaker type, and connection type.

If content is shared, uploaded, or otherwise provided in the tool, it is also stored on the conferencing tool provider’s servers. This includes, but is not limited to, cloud recordings, instant messages, uploaded photos and videos, voicemail, files, whiteboards, and other information shared while using the conferencing tool.

For more details on data processing by these conferencing tools, please refer to the data protection statements of the relevant tools.

Conferencing tools are used to communicate with potential or existing contractual partners or to offer certain services to our clients. Additionally, using conferencing tools generally simplifies and speeds up communication with our clients/partners, which we have a legitimate interest in.

Data we directly collect via audio and video conferencing tools is systematically deleted from our systems (see Section XIII).

We currently use the “MLS Communications MICROSOFT TEAMS” service by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA, and the “MLS Communications MEET” service by Veeting AG, Aegertenstrasse 32, CH-8003 Zurich. You can find more details in the Microsoft Teams privacy statement (https://privacy.microsoft.com/en-us/privacystatement) and Veeting’s privacy policy (https://www.veeting.com/en/privacy).

When using Microsoft Teams, you may share your online status with other Microsoft Teams users. You can disable this function in your client area.

13. Systematic Deletion of Personal Data

Personal data we collect is retained only as long as necessary to fulfill the contractual relationship (from the conclusion to the termination of a contract) or for the purposes pursued with the processing and/or if there is a legal obligation to retain and document the data or a prevailing private or public interest. MLS Communications is legally obligated to retain identification data for up to six months after the end of the client relationship. Additionally, there is a legal obligation to retain business documents for ten years.

As soon as the personal data we have collected is no longer necessary for the purposes stated in this privacy policy, it will generally and where possible be deleted or anonymized.

14. Rights of the Data Subject

In accordance with the applicable data protection laws and to the extent they provide for it, you have the right to obtain information free of charge about the data stored about you, the right to correct incorrect data, and to request the deletion or restriction of processing as well as the portability of your personal data. Exemptions include legal requirements to retain data. If you have given consent for data processing, you can revoke this consent without affecting the legality of processing based on the consent prior to its revocation. You may object to data use at any time with future effect. In certain cases, we are legally prohibited from fully deleting user data due to storage obligations.

You also have the right to take legal action to assert your rights or file a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner.

If you have questions about personal data processing, please contact our data protection representative at datenschutz@mlscommunications.ch (see above).

15. Changes to This Privacy Policy

We reserve the right to modify this privacy policy at any time without prior notice. We will inform you of any changes by posting the updated privacy policy on our website. If the privacy policy is part of an agreement with you, we will send you the updated privacy policy by email or notify you through other means. Any changes made will take effect from the date of publication on our website.