Version from 22.5.2018
1. Responsible / Data Protection Officer / Representative
Responsible for the data processing, which we operate here, is Mr. F. Bühler, as far as in the individual case nothing else is indicated. If you have data protection concerns, you can forward them to the following contact address for all SWISSCAVE AG companies:
Data Protection Officer, SWISSCAVE AG, Churerstr. 158, 8808 Freienbach SZ, or fbuehler (at) swisscave.ch, or Tel. +41 44 552 01 08 (this is also the address of our data protection officer according to Art. 37 DSGVO).
2. Collection and processing of personal data
We primarily process the personal information that we receive as part of our business relationship with our customers and other business partners from these and other individuals involved, or that we collect in the operation of our websites, apps, and other applications from their users.
To the extent permitted, we also collect or obtain from other sources of information within the SWISSCAVE Group, including government agencies and other third parties (such as credit reporting agencies, address brokers), publicly available sources (such as debt collection registers, land registers, commercial registers, press, internet). In addition to the information you provide directly to us, the categories of personal information that we receive about you from third parties, in particular information from public registers, information we receive in connection with administrative and judicial proceedings, are details related to their use professional functions and activities (so that we can, for example, conclude transactions with your employer with your help), information about you in correspondence and discussions with third parties, creditworthiness information (if we handle business with you personally), information about you, your environment (family, consultants, legal representatives, etc.) so that we can conclude or handle contracts with you or with you (eg references, your address for deliveries, authorizations, information on compliance with legal requirements such as the fight against money laundering and export restrictions , Information from banks, insurance, contracts and other contractual partners of us for the use or provision of services by you (e.g. payments made, purchases made), information from the media and the Internet about you (as far as indicated in the specific case, eg in the context of an application, press review, marketing / sales, etc.), your addresses and, if applicable, interests and other sociodemographic data (for marketing), data related to the use of the website (eg IP address, MAC address of the smartphone or computer, details of your device and settings, cookies, date and time of visit, pages and content accessed, features used, referring website, location information).
Data you submit voluntarily, such as: For example, by completing a contact form, registering to receive a newsletter, with your consent on the basis of Art. 6 para. 1 lit. a) GDPR. Other data that is automatically transmitted when you visit our website, eg. B. Your IP address, browser data, are based on Art. 6 para. 1 lit. f) GDPR, insofar as these are necessary for the provision, use and optimization of our offer. Insofar as data is required for the fulfilment of the contract, these are calculated on the basis of Art. 6 para. Lit. b) GDPR.
3. Purposes of data processing and legal bases
We use the personal information we collect primarily to enter into and execute our contracts with our customers and business partners, including in particular supplies of equipment, refrigerators, spare parts and services to our customers and the purchase of products and services from our suppliers and subcontractors, as well as to comply with our legal obligations at home and abroad. Of course, if you work for such a customer or business partner, you may also be affected by your personal data in this function.
In addition, we process personal data of you and other persons, as far as permitted and appear appropriate to us, for the following purposes in which we (and sometimes also third parties) have a legitimate interest in the purpose:
- Offer and further develop our offers, services and websites, apps and other platforms in which we are present; Communicating with third parties and processing such requests (e.g., applications, media inquiries);
- Reviewing and optimizing requirements analysis procedures for direct customer approach and collection of personal data from publicly available sources for customer acquisition purposes;
- Advertising and marketing (including performance of events), as long as you have not objected to the use of your data (if we send you advertising as an existing customer, you can object to this at any time, we then put you on a blacklist against further advertising mail) ;
- market and opinion research, media observation;
- asserting legal claims and defense in connection with legal disputes and regulatory proceedings;
- prevention and investigation of criminal offenses and other misconduct (such as internal investigations, anti-fraud data analysis);
- warranties of our operations, in particular IT, our websites, apps and other platforms;
- video surveillance to safeguard the rights of the house and other measures for IT, building and facility security and protection of our employees and other persons and values entrusted to us (such as access controls, visitor lists, network and mail scanners, telephone records);
- Purchase and sale of business units, companies or parts of companies and other corporate transactions and, as a result, the transfer of personal data as well as measures for business management and, to that extent, compliance with legal and regulatory obligations as well as internal regulations of SWISSCAVE AG.
If you have given us permission to process your personal data for specific purposes (for example, when you register to receive newsletters or perform a background check), we process your personal data within the framework of and on the basis of this consent, unless we have a different legal basis and we need one.
A given consent can be withdrawn informally at any time (for example, by email), but this has no effect on already processed data.
4. Cookies / Tracking and other technologies related to the use of our website
We typically use "cookies" and similar techniques on our websites and apps to identify your browser or device. A cookie is a small file that is sent to your computer or automatically saved to your computer or mobile device by the web browser you use when you visit our website or install our apps. If you visit this website again or use our app, we can recognize you, even if we do not know who you are. In addition to cookies used only during a session and deleted after your visit to the site ("session cookies"), cookies may also be used to control user preferences (such as voice, automatic login) and other information over time (eg two Years) ("permanent cookies"). However, you can set your browser to reject cookies, save them for one session only, or otherwise delete them prematurely. Most browsers are pre-set to accept cookies. We use persistent cookies to help you save user preferences (eg language, autologue) so we can better understand how you use our offerings and content, and so that we can display tailored offers and advertisements for you (including on websites of other companies but they will not know who you are, if we even know that, because they only see that the same user is on their website, who was also on a particular page with us). Some of the cookies are set by us, and some by contractors with whom we work. If you disable cookies, you may find that certain features (such as language selection, shopping cart, order process) no longer work.
We build in our newsletters and other marketing e-mails partly and so far also allows visible and invisible picture elements, by their retrieval from our servers we can determine if and when you opened the e-mail, so that we measure here and better understand how you can use our offerings and tailor them to you. You can block this in your e-mail program; most are pre-set to do this.
By using our websites, apps, and agreeing to receive newsletters and other marketing emails, you agree to the use of these techniques. If you do not want this, then you must set your browser or your e-mail program accordingly, or uninstall the app, if this can not be adjusted via the settings.
We sometimes use Google Analytics or similar services on our websites. This is a third party service that may be located in any country in the world (in the case of Google Analytics, it is Google LLC in the US, www.google.com), with which we measure the use of the website (non-personally identifiable) and can evaluate. For this purpose, permanent cookies are also used, set by the service provider. The service provider will not receive any personal information from us (and will not retain any IP addresses), but may track your use of the website, combining this information with data from other websites you have visited and being tracked by service providers, and these findings for own purposes (eg control of advertising) use. As far as you have registered yourself with the service provider, the service provider knows you too. The processing of your personal data by the service provider then takes place in the responsibility of the service provider according to its data protection regulations. The service provider only tells us how our respective website is used (no information about you personally).
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5. Data transfer and data transfer abroad
As part of our business activities and the purposes stated in prov. 3, as far as permitted and it seems appropriate to us, personal information also known to third parties, either because they work on us for them, either because they want to use them for their own purposes. These are in particular the following places:
- service providers of ours (within the SWISSCAVE Group as well as externally, such as banks, insurance companies), including order processors (such as IT providers);
- dealers, suppliers, subcontractors and other business partners;
- Customer; domestic and foreign authorities, authorities or courts; Media;
- public, including visitors to websites and social media;
- Competitors, industry organizations, associations, organizations and other bodies; Acquirer or prospective buyer of business units, companies or other parts of the SWISSCAVE Group;
- other parties in possible or actual legal proceedings;
- Other companies of the SWISSCAVE Group; all in common receivers.
These receivers are partly domestic but can be anywhere on earth. In particular, you must count on the transmission of your data to all countries in which the SWISSCAVE Group is represented by group companies, branches, representative offices or other offices (https://swisscave.de/kontakt/) as well as to other countries in Europe and the USA Where are the service providers we use (such as Microsoft, SAP, Amazon, EBAY, Salesforce.com). If we transfer data to a country without adequate legal data protection, we provide for a reasonable level of protection as stipulated by law by means of appropriate contracts (in particular based on the so-called standard contractual clauses of the European Commission or Binding Corporate Rules) or rely on the statutory exceptions of You may, at any time, contact the contact person referred to in point 1 for a copy of the contractual information you have given us, such as consent, performance, enforcement or enforcement of legal claims, overriding public interests, published personal data or to protect the integrity of the data subjects If not already stated above, we reserve the right to blacken copies or to deliver them only in part for reasons of data protection or confidentiality.
6. Duration of storage of personal data
We process and store your personal data if it is necessary for the fulfilment of our contractual and legal obligations or otherwise for the purposes pursued by the processing, i. E. For example, for the duration of the entire business relationship (from the initiation, execution to the termination of a contract) as well as in accordance with the statutory retention and documentation obligations. It may be that Personal Data is held for the time that claims can be asserted against our Company and to the extent that we are otherwise required by law or legitimate business interests so require (for example, for evidence and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will generally be deleted or anonymised as far as possible. For operational data (e.g., system logs, logs), generally shorter retention periods of twelve months or less apply. The deletion of the personal data is of course also, if you ask us for deletion or revoke your granted consent.
7. Data security
We take reasonable technical and organizational security measures to protect your personal data from unauthorized access and misuse, such as the issuing of instructions, training, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, pseudonymisation, controls.
8. Duty to provide personal information
As part of our business relationship, you must provide the personal information necessary to engage in and conduct business and to fulfil its contractual obligations (as a rule, you do not have a legal obligation to provide us with any data). Without this information, we will generally be unable to conclude or execute a contract with you (or the entity or person you represent). Also, the website cannot be used if certain data security information (such as IP address) is not disclosed.
9. Profiling [and Automated Decision Making]
We process your personal data partially automated with the aim of evaluating certain personal aspects (profiling). We use profiling to provide you with targeted information and advice on products. We use evaluation tools that enable us to communicate and advertise as required, including market and opinion research.
In principle, we do not use fully automated automatic decision-making for the establishment and implementation of the business relationship and otherwise (as governed by Art. 22 DSGVO). If we use such procedures in individual cases, we will inform you about this separately, if this is prescribed by law and you clarify the related rights.
10. Rights of the data subject
You have the right to access, rectification, deletion, the right to restrict the processing of data and otherwise the objection to our data processing and to the disclosure of certain personal data for the purpose of transmission under the applicable data protection law and insofar as provided therein (as in the case of the DSGVO) to another place (so-called data portability). Please note, however, that we reserve the right to enforce the limitations imposed by law, such as when we are required to retain or process certain data, have an overriding interest in doing so (as far as we are entitled to rely on it) or to enforce it Need claims. If you incur costs, we will inform you in advance. We have already discussed the possibility of revoking your consent in para. 3 informed. A given consent can be withdrawn at any time informally (for example by email). Note that the exercise of these rights may be in conflict with contractual arrangements and may have consequences such as may have premature termination of contract or cost implications. We will inform you in advance if this is not already contractually agreed. To assert your rights, you can contact us at the address given in section 1. If there are any doubts regarding your identity, we reserve the right to request a proof of identity retroactively to guarantee a quick and secure exercise of the law. Each data subject also has the right to enforce their claims 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 (http://www.edoeb.admin.ch).
11. Content of external websites and internet offers
Our Internet offers contain cross-references (links) to other Internet offers, eg. B. of cooperation partners. We have no control over these external internet sites and are not responsible for their content and availability. If you believe that linked external internet offers infringe applicable law or otherwise have inappropriate content, please let us know. We will check your reference and remove the link if necessary.