Privacy Considerations For Collecting Personal Data

When offering supporters to opt in for email marketing in your solutions, it is essential that you give them transparent, accurate and lawful information before collecting their data.

Disclaimer: Regulations and privacy compliance requirements may change over time. Clubs and organisations are fully responsible for ensuring their own compliance with all regulations and should consult with their legal counsel or appropriate regulatory bodies for specific guidance tailored to their situation. RaiseNow is not liable for any violations.

Organisations based in Switzerland (FADP)

In accordance with the Federal Act on Data Protection (FADP) Art. 19 or Art. 60, it is mandatory for all entities processing or controlling personal data to:

• Provide a link to their privacy policy
• Declare the purpose of data collection
• Reference to the revocability of the consent
• Checkbox for the opt-in may not be pre-selected
• Optional: add a link to the general terms and conditions

A missing or incomplete data protection declaration can be penalised. You can find the always up-to-date official site on the Federal Act on Data Protection (FADP) here.

Organisations based in the EU (GDPR)

In accordance with the General Data Protection Regulation (GDPR art. 6 para. 1a) it is mandatory for all entities processing or controlling personal data to:

• Provide a link to their privacy policy
• Declare purpose of data collection
• Reference to the revocability of the consent
• Checkbox for the opt-in may not be pre-selected
• Optional: add a link to the general terms and conditions

A missing or incomplete data protection declaration can be penalised. You can find the always up-to-date official site on the General Data Protection Regulation (GDPR) here. 

How do I enable the necessary information on my solutions? 

Once you have logged in (by clicking on this link: hub.raisenow.com), click on "Touchpoint Solutions" in the left column and then on "Create a new Touchpoint Solution" or “Edit” on an existing solution. 

Select "Email marketing" and activate the toggle as shown below:

Description:
Briefly describe what kind of communication your supporter consents to.

Details:
Use the text block provided by default or customise it, making sure all requirements are met. Find here the requirements for Switzerland and requirements for the EU.

Privacy policy URL:
It is mandatory to include a link to your privacy policy. Providing a privacy policy link will automatically populate the following message in your solutions:

If you would like to write a more customised message, you may leave the privacy policy URL field blank, and include the URL in the details section. You can make the link clickable with the following code snippet:

[link text](url)

Replace “link text” with a description or your privacy policy URL and “url” with your privacy policy URL.

Don’t forget to save and publish or republish your solution. 

Frequently Asked Questions

For which touchpoint solution is the update relevant?

The update is only relevant for touchpoint solutions where data is collected. So if you use “TWINT QR Pay”, the update is not relevant for you.

Where can I find the “Email communication” field? What do I do if I can’t see it?

You’ll find it when creating a touchpoint solution, right under “collect supporter details”. You’ll find step-by-step instructions here: How do I create a TWINT QR code?

We don’t have a privacy policy. Does the update still affect us?

The new law affects all organizations that collect or store personal data. For more information, see the official Swiss government page: https://www.fedlex.admin.ch/eli/cc/2022/491/en or the European Union page: https://gdpr-info.eu/

Is there a template we can use?

Unfortunately no, as we ourselves are not data protection experts and each organization/society deals with data in its own way. But you’ll find various templates on the internet, for example here: https://datenrecht.ch/en/muster-datenschutzerklaerung-dsgvo-und-dsg-revdsg/

However, we recommend that you also consult a legal expert.

Can you check whether my privacy policy is legally valid and compliant?

Unfortunately no, as we are not legal experts. For any legal questions, please consult an attorney, e.g. here: https://www.iitr.us/attorney-in-it-law-dr-sebastian-kraska 

What do I need to do now?

If you’ve created a touchpoint solution AND you’ve activated the email marketing option, then you must add your organization’s privacy policy link in the “Privacy policy URL” field. You’ll find step-by-step instructions here: https://support.raisenow.com/hc/en-us/articles/13211702149277-Privacy-Considerations-For-Collecting-Personal-Data 

If you don’t use the email marketing option, for example because you don’t send any newsletters or product updates, etc., then you don’t need to do anything. This applies in particular to all TWINT QR PAY touchpoint solutions.

How can I ensure that the text used in the touchpoint solution is legally valid?

When you create a new touchpoint solution, the “Details” field is filled automatically with a legally valid text. If you want to use a legally valid text for an existing touchpoint solution, you can simply click on “Back to standard text” in the RaiseNow Hub. After that, you simply need to enter your privacy policy link in the corresponding field: