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Privacy Notice of Ernst & Conte GmbH

August 26, 2026

With this Privacy Notice we, Ernst & Conte GmbH ((hereinafter Ernst & Conte, we or us)), describe how we collect and further process personal data. This Privacy Notice is not necessarily a comprehensive description of our data processing. It is possible that other data protection statements or General Terms and Conditions, Conditions of Participation or similar documents are applicable to specific circumstances.

If you provide us with personal data of other persons (such as family members, work colleagues), please make sure the respective persons are aware of this Privacy Notice and only provide us with their data if you are allowed to do so and such personal data is correct.

The term “personal data” in this Privacy Notice shall mean any information that identifies, or could reasonably be used to identify any person.

This Privacy Notice is aligned with the EU General Data Protection Regulation («GDPR»), the Swiss Data Protection Act («DPA») and the revised Swiss Data Protection («revDPA»). However, the application of these laws depends on each individual case.

1. Controller / Data Protection Officer / Representative

The “controller” of data processing as described in this data protection statement (i.e. the responsible person) is Ernst & Conte GmbH (Oberneuhofstrasse 8, 6340 Baar, Switzerland), unless we have informed you differently in certain cases. You can notify us of any data protection related concerns using the following contact details: Ernst & Conte GmbH, Oberneuhofstrasse 8, 6340 Baar, Switzerland, info@ernstconte.com.

2. Collection and Processing of Personal Data

We primarily process personal data that we obtain from our clients and other business partners as well as other individuals in the context of our business relationships with them or that we collect from users when operating our websites, apps and other applications.

Insofar as it is permitted to us, we obtain certain personal data from publicly accessible sources (e.g., debt registers, land registries, commercial registers, press, internet) or we may receive such information from authorities or other third parties.

Apart from data you provided to us directly, the categories of data we receive about you from third parties include, but are not limited to, information from public registers, data received in connection with administrative or court proceedings, information in connection with your professional role and activities (e.g., in order to conclude and carry out contracts with your employer), information about you in correspondence and discussions with third parties, credit rating information (if we conduct business activities with you personally), information about you given to us by individuals associated with you (family, consultants, legal representatives, etc.) in order to conclude or process contracts with you or with your involvement (e.g. references, your delivery-address, powers of attorney), information regarding legal regulations such as anti-money laundering and export restrictions, bank details, information regarding insurances, our distributors and other business partners for the purpose of ordering or delivering services to you or by you (e.g., payments made, previous purchases), information about you found in the media or internet (insofar as indicated in the specific case, e.g. in connection with job applications, media reviews, marketing/sales, etc.), your address and any interests and other socio-demographic data (for marketing purposes), data in connection with your use of our websites (e.g., IP address, MAC address of your smartphone or computers, information regarding your device and settings, cookies, date and time of your visit, sites and content retrieved, applications used, referring website, localization data).

We primarily use collected data in order to conclude and process contracts with our clients and business partners, in particular in connection with consulting, software development and operation of SaaS applications in the B2B sector to our clients and the procurement of products and services from our suppliers and subcontractors, as well as in order to comply with our domestic and foreign legal obligations. You may be affected by our data processing in your capacity as an employee of such a client or business partner.

In addition, in line with applicable law and where appropriate, we may process your personal data and personal data of third parties for the following purposes, which are in our (or, as the case may be, any third parties’) legitimate interest, such as:

  • providing and developing our products, services and websites, apps and other platforms, on which we are active;
  • communication with third parties and processing of their requests (e.g., job applications, media inquiries);
  • review and optimization of procedures regarding needs assessment for the purpose of direct customer approach as well as obtaining personal data from publicly accessible sources for customer acquisition;
  • advertisement and marketing (including organizing events), provided that you have not objected to the use of your data for this purpose (if you are part of our customer base and you receive our advertisement, you may object at any time and we will place you on a blacklist against further advertising mailings);
  • market and opinion research, media surveillance;
  • asserting legal claims and defense in legal disputes and official proceedings;
  • prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
  • ensuring our operation, including our IT, our websites, apps and other appliances;
  • IT security measures and the protection of our systems, employees, and the assets entrusted to us (such as e.g. access controls, network and mail scanners);
  • acquisition and sale of business divisions, companies or parts of companies and other corporate transactions and the transfer of personal data related thereto as well as measures for business management and compliance with legal and regulatory obligations as well as internal regulations of Ernst & Conte GmbH.

If you have given us your consent to process your personal data for certain purposes (for example when registering to receive newsletters or carrying out a background check), we will process your personal data within the scope of and based on this consent, unless we have another legal basis, provided that we require one. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.

4. Cookies, Usage Statistics, and Third Parties on our Website

Cookies

Our website ernstconte.ch itself sets no cookies and therefore shows no cookie banner. Cloudflare may set technically necessary cookies to ward off attacks (see «Hosting and Delivery»). So that we can attribute inquiries sent through our contact forms, we remember during your visit, in your browser’s session storage (sessionStorage), through which campaign (UTM parameters) or referring website you reached us. This information leaves your browser only when you submit a contact form and is deleted as soon as you close the browser window.

Usage Statistics (GoatCounter)

We measure the use of our website with GoatCounter, open-source software that we operate ourselves at stats.cloud.ernstconte.com. GoatCounter sets no cookies and stores no IP addresses. It records the page visited, the referring website, browser and operating system, screen size, language, and country, as well as the submission of a contact form as an event. This information does not allow us to draw conclusions about your identity.

Hosting and Delivery (Cloudflare)

Our website is hosted and delivered via Cloudflare Pages by Cloudflare, Inc. (San Francisco, USA, with locations in the EU). Cloudflare processes technical data such as your IP address to deliver the pages and to ward off attacks; a data processing agreement with the EU standard contractual clauses is in place for this. We serve our fonts from our own server. The Font Awesome icon font is loaded from the cdnjs content delivery network, which is also operated by Cloudflare.

Contact Forms (Formspree)

Inquiries sent through our contact forms are received by Formspree (Formspree, Inc., USA) and forwarded to us by e-mail. The data you enter in the form is transmitted, together with the origin of your visit as described under «Cookies». Formspree processes this data on our behalf; its servers are located in the USA. You can always write to us directly at info@ernstconte.com instead.

Mobile Apps and Applications

We operate the mobile application (app) «MTG Lens» (available for iOS and Android) as well as the desktop and cloud application «Tessa». In our applications, we use the following third-party services:

Google Firebase Analytics (MTG Lens)

We use Google Firebase Analytics, an analytics service provided by Google Ireland Ltd. (located in Ireland) and Google LLC (located in the United States), to analyse the use of our mobile app «MTG Lens» on the basis of pseudonymous device and usage data (including an app instance identifier, device type, operating system, and features used), which are transmitted to the United States. The legal basis is our legitimate interest in improving the app.

Privacy information: https://firebase.google.com/support/privacy

Google Firebase Crashlytics (MTG Lens)

We use Google Firebase Crashlytics to detect and analyze app crashes and errors in our mobile app «MTG Lens». In this context, technical data about your device and the crash are collected and transmitted to Google.

Privacy information: https://firebase.google.com/support/privacy

Scryfall API (MTG Lens)

In the app «MTG Lens», we use the Scryfall API to retrieve card information for Magic: The Gathering. Scryfall (USA) receives the card query and the IP address of your device. We transmit no further personal data to Scryfall.

Privacy information: https://scryfall.com/docs/privacy

The app «MTG Lens» requires access to your device’s camera in order to scan and identify playing cards. Camera images are processed locally on your device and are not transmitted to our servers or to third parties.

«Tessa» is our testing companion for testing Android, iOS, web, and desktop applications with the help of artificial intelligence. We offer Tessa as Tessa Cloud, operated by us, and as the self-hosted Tessa Sovereign. Which personal data we process when operating Tessa Cloud is described in the Privacy Notice for Tessa Cloud; for the test data of our customers, the Data Processing Agreement and the list of subprocessors apply.

Magic: The Gathering is a registered trademark of Wizards of the Coast. MTG Lens is an independent app and is not affiliated with Wizards of the Coast or Hasbro, Inc.

5. Data Transfer and Transfer of Data Abroad

In the context of our business activities and in line with the purposes of the data processing set out in Section 3, we may transfer data to third parties, insofar as such a transfer is permitted and we deem it appropriate, in order for them to process data for us or, as the case may be, their own purposes. In particular, the following categories of recipients may be concerned:

  • our service providers (such as e.g. banks, insurances), including processors (such as e.g. IT providers);
  • dealers, suppliers, subcontractors and other business partners;
  • clients;
  • domestic and foreign authorities or courts;
  • the media;
  • the public, including users of our websites and social media;
  • competitors, industry organizations, associations, organizations and other bodies;
  • acquirers or parties interested in the acquisition of business divisions or other parts of Ernst & Conte GmbH;
  • other parties in possible or pending legal proceedings;

together Recipients.

Certain Recipients may be within Switzerland but they may be located in any country worldwide. In particular, you must anticipate your data to be transmitted to other countries in Europe and to the USA where our service providers are located (such as Cloudflare and Formspree for our website, Google, including Google Firebase Analytics and Google Firebase Crashlytics for our mobile app MTG Lens, and the service providers for Tessa Cloud named in the list of subprocessors).

If a recipient is located in a country without adequate statutory data protection, we require the recipient to undertake to comply with data protection (for this purpose, we use the revised European Commission’s standard contractual clauses, which can be accessed here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless the recipient is subject to a legally accepted set of rules to ensure data protection and unless we cannot rely on an exception. An exception may apply for example in case of legal proceedings abroad, but also in cases of overriding public interest or if the performance of a contract requires disclosure, if you have consented or if data has been made available generally by you and you have not objected against the processing.

6. Retention Periods for your Personal Data

We process and retain your personal data as long as required for the performance of our contractual obligation and compliance with legal obligations or other purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, during the performance of the contract until it is terminated) as well as beyond this duration in accordance with legal retention and documentation obligations. Personal data may be retained for the period during which claims can be asserted against our company or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g., for evidence and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anonymized, to the extent possible. In general, shorter retention periods of no more than twelve months apply for operational data (e.g., system logs).

7. Data Security

We have taken appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse such as IT and network security solutions, access controls and restrictions, and encryption of data carriers and transmissions.

8. Obligation to Provide Personal Data To Us

In the context of our business relationship you must provide us with any personal data that is necessary for the conclusion and performance of a business relationship and the performance of our contractual obligations (as a rule, there is no statutory requirement to provide us with data). Without this information, we will usually not be able to enter into or carry out a contract with you (or the entity or person you represent). In addition, the website cannot be used unless certain information is disclosed to enable data traffic (e.g. IP address).

9. Profiling and Automated Decision-Making

We do not carry out profiling to evaluate personal aspects about you and use no evaluation tools for personalised advertising. Our usage statistics (Section 4) analyse use only in aggregate.

In establishing and carrying out a business relationship, we generally do not use any fully automated individual decision-making (such as pursuant to article 22 GDPR). Should we use such procedures in certain cases, we will inform you separately on this and advise you of your relevant rights if required by law.

10. Your Rights

In accordance with and as far as provided by applicable law (as is the case where the GDPR is applicable), you have the right to access, rectification and erasure of your personal data, the right to restriction of processing or to object to our data processing, in particular for direct marketing purposes, for profiling carried out for direct marketing purposes and for other legitimate interests in processing in addition to right to receive certain personal data for transfer to another controller (data portability). Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs on you, we will notify you thereof in advance. We have already informed you of the possibility to withdraw consent in Section 3 above. Please further note that the exercise of these rights may be in conflict with your contractual obligations and this may result in consequences such as premature contract termination or involve costs. If this is the case, we will inform you in advance unless it has already been contractually agreed upon.

In general, exercising these rights requires that you are able to prove your identity (e.g., by a copy of identification documents where your identity is not evident otherwise or can be verified in another way). In order to assert these rights, please contact us at the addresses provided in Section 1 above.

In addition, every data subject has the right to enforce his/her rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority of Switzerland is the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch). If the GDPR applies to you, you may also lodge a complaint with the supervisory authority of your place of residence or work in the EU or the EEA.

11. Amendments of this Privacy Notice

We may amend this Privacy Notice at any time without prior notice. The current version published on our website shall apply. If the Privacy Notice is part of an agreement with you, we will notify you by e-mail or other appropriate means in case of an amendment.

Based on DSAT.ch.