PEARL - Privacy policy
Your trust is important to us
We are pleased by your interest in our company. Data protection is of a particularly high priority for Pearl Schweiz GmbH's management.Our company is internationally oriented. As a result, we comply with both the requirements of the Swiss Federal Act on Data Protection - Data Protection Act (DPA) as amended on 25.09.2020 (BBl 2020, 7639) and its implementing ordinance (VDSG) and the European Parliament and Council Regulation (EU) 2016/679 of 27.04.2016 on the protection of individuals in relation to the processing of personal data - General Data Protection Regulation (GDPR).
As far as we are subject to the application of the GDPR with regard to your person as a data subject, we comply according to Article 13 of the GDPR with our duty to disclose information. As far as we are subject to the application of the DSG in relation to you as a data subject, we comply according to Art. 13 DSG with our duty to disclose information.
The use of the Pearl Schweiz GmbH website is possible without any declaration of personal data. However, if a data subject wishes to make use of the special services offered by our company via our website, data processing could become necessary. Where it is necessary to provide personal data without there being a legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the FADP, the FADP, and the GDPR. Our company aims to use this data protection declaration to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, persons concerned are informed of their rights by means of this data protection declaration.
Pearl Schweiz GmbH has implemented numerous technical and organisational measures to ensure the most secure possible protection of personal data processed through this website. Nonetheless, Internet-based data transmissions can always be subject to security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, all persons concerned are entitled to provide us with personal data by alternative means, for example by telephone.
1. Definition of Terms
The data protection declaration of Pearl Schweiz GmbH complies with both Swiss data protection law (DSG and VDSG) and European data protection law (DS-GVO). In order to simplify and maintain clarity, we have decided to integrate both legal areas in one document. The present data protection declaration will therefore primarily apply the terminology used by the European legislator when issuing the GDPR, as it generally comprises the stricter regulation in case of deviations between Swiss and European law. Where legal regulations are cited, these citations include both the regulations of the GDPR and the FADP. Our data protection statement should be clear and easy to read for the general public as well as our customers and business partners in Switzerland and abroad. In order to ensure this, we would like to outline the terminology used in advance.In this data protection declaration, we use among others the following terms:
· Personal data according to Art. 4 No. 1 DS-GVO (cf. "personal data", Art. 3a DSG)
Personal data is defined as all any information relating to an identified or identifiable natural person ( henceforth referred to as the "data subject"). An identifiable natural person is someone who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
· Data subject in accordance with Art. 4 No. 1 DS-GVO (Art. 3b DSG).
The data subject is any identified or identifiable natural person whose personal data is processed by the controller.
· Verarbeitung gemäß Art. 4 Ziff. 2 DS-GVO (vgl. „Bearbeitung“, Art. 3d DSG)
Verarbeitung ist jeder mit oder ohne Hilfe automatisierter Verfahren ausgeführte Vorgang oder jede solche Vorgangsreihe in Zusammenhang mit personenbezogenen Daten wie das Erheben, das Erfassen, die Organisation, das Ordnen, die Speicherung, die Anpassung oder Veränderung, das Auslesen, das Abfragen, die Verwendung, die Offenlegung durch Übermittlung, Verbreitung oder eine andere Form der Bereitstellung, den Abgleich oder die Verknüpfung, die Einschränkung, das Löschen oder die Vernichtung.
· Processing in accordance with Art. 4 No. 2 DS-GVO (cf. "Processing", Art. 3d DSG)
Processing is any operation or series of operations performed on personal data, with or without the aid of automated procedures, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of making available, alignment or combination, restriction, erasure or destruction.
· Profiling in accordance with Art. 4 No. 4 DS-GVO
Profiling is any form of automated personal data processing that involves the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
According to Art. 3 f) FADP, however, profiling is any evaluation of data or personal data in order to analyse essential personal characteristics or to predict developments, in particular with regard to work performance, economic situation, health, privacy or mobility.
· Pseudonymisation pursuant to Art. 4 No. 5 DS-GVO
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this additional information is kept separate and is subject to technical and organisational measures which ensure that the personal data cannot be attributed to an identified or identifiable natural person.
· Controller or person responsible for processing pursuant to Art. 4 No. 7 DS-GVO
The controller or person responsible for processing as defined in the GDPR is the natural or legal person, public authority, agency or other body which alone or jointly determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law. According to Art. 3h FADP, the controller is a federal body or a private person who - alone or together with others - decides on the purpose, means and scope of the processing.;
· Processor pursuant to Art. 4 No. 8 DS-GVO
A processor as defined by the GDPR is a natural or legal person, authority, institution or other body who processes personal data on behalf of the controller. According to Art. 3i FADP, a processor is a federal body or a private person that processes personal data on behalf of the controller.
· Recipient pursuant to Art. 4 No. 9 DS-GVO
A recipient refers to a natural or legal person, public authority, agency or other body to which personal data are disclosed, regardless of whether or not they are a third party. Authorities which may receive personal data in the context of a specific investigation mandate under Union law, Member State law or Swiss law are not, however, considered recipients.
· Consent pursuant to Art. 4 No. 11 DS-GVO
Consent is defined as any freely given indication of the data subject's consent in an informed and unambiguous manner, in the form of a declaration or any other unambiguous affirmative act by which the data subject indicates his or her agreement to the processing of personal data relating to him or her..
Personal data is defined as all any information relating to an identified or identifiable natural person ( henceforth referred to as the "data subject"). An identifiable natural person is someone who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
· Data subject in accordance with Art. 4 No. 1 DS-GVO (Art. 3b DSG).
The data subject is any identified or identifiable natural person whose personal data is processed by the controller.
· Verarbeitung gemäß Art. 4 Ziff. 2 DS-GVO (vgl. „Bearbeitung“, Art. 3d DSG)
Verarbeitung ist jeder mit oder ohne Hilfe automatisierter Verfahren ausgeführte Vorgang oder jede solche Vorgangsreihe in Zusammenhang mit personenbezogenen Daten wie das Erheben, das Erfassen, die Organisation, das Ordnen, die Speicherung, die Anpassung oder Veränderung, das Auslesen, das Abfragen, die Verwendung, die Offenlegung durch Übermittlung, Verbreitung oder eine andere Form der Bereitstellung, den Abgleich oder die Verknüpfung, die Einschränkung, das Löschen oder die Vernichtung.
· Processing in accordance with Art. 4 No. 2 DS-GVO (cf. "Processing", Art. 3d DSG)
Processing is any operation or series of operations performed on personal data, with or without the aid of automated procedures, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of making available, alignment or combination, restriction, erasure or destruction.
· Profiling in accordance with Art. 4 No. 4 DS-GVO
Profiling is any form of automated personal data processing that involves the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
According to Art. 3 f) FADP, however, profiling is any evaluation of data or personal data in order to analyse essential personal characteristics or to predict developments, in particular with regard to work performance, economic situation, health, privacy or mobility.
· Pseudonymisation pursuant to Art. 4 No. 5 DS-GVO
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this additional information is kept separate and is subject to technical and organisational measures which ensure that the personal data cannot be attributed to an identified or identifiable natural person.
· Controller or person responsible for processing pursuant to Art. 4 No. 7 DS-GVO
The controller or person responsible for processing as defined in the GDPR is the natural or legal person, public authority, agency or other body which alone or jointly determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law. According to Art. 3h FADP, the controller is a federal body or a private person who - alone or together with others - decides on the purpose, means and scope of the processing.;
· Processor pursuant to Art. 4 No. 8 DS-GVO
A processor as defined by the GDPR is a natural or legal person, authority, institution or other body who processes personal data on behalf of the controller. According to Art. 3i FADP, a processor is a federal body or a private person that processes personal data on behalf of the controller.
· Recipient pursuant to Art. 4 No. 9 DS-GVO
A recipient refers to a natural or legal person, public authority, agency or other body to which personal data are disclosed, regardless of whether or not they are a third party. Authorities which may receive personal data in the context of a specific investigation mandate under Union law, Member State law or Swiss law are not, however, considered recipients.
· Consent pursuant to Art. 4 No. 11 DS-GVO
Consent is defined as any freely given indication of the data subject's consent in an informed and unambiguous manner, in the form of a declaration or any other unambiguous affirmative act by which the data subject indicates his or her agreement to the processing of personal data relating to him or her..
2. Name and address of the controller pursuant to Art. 13 I a DS-GVO, Art. 13 S. 2 a DSG.
The controller within the meaning of the DS-GVO or the DSG is:Pearl Schweiz GmbH, Grüssenhölzliweg 3-5, CH-4133 Pratteln
Telefon: + 41 (0) 848-22-33-00*
E-Mail: datenschutz@pearl.ch
* Mon-Fri 8 am - 5 pm, CHF 0.08/min., mobile phones vary
Please direct any enquiries regarding data protection to the above postal address, e-mail address or call us at the above telephone number.
We have not appointed an internal data protection officer, as we are not obliged to do so either under Art. 37 DS-GVO (e.g. in conjunction with § 38 I BDSG) or under Art. 25 VDSG.
3. Cookies
The website of Pearl Schweiz GmbH uses cookies. Cookies are text files that are stored on a computer system via an internet browser.Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.
Through the use of cookies, Pearl Schweiz GmbH can provide users of this website with more user-friendly services that would not be possible without the cookie setting.
Cookies enable us to optimise both the information and the offers available on our website for the user's benefit. Cookies enable us, as previously mentioned, to recognise website users. This recognition is intended to make it easier for users to navigate our website. For example, if a website uses cookies, the user will not have to re-enter their log-in details each time they visit the website, as this is done by the website and the cookie stored on the user's computer system. Another example is the shopping basket cookie in an online shop. The online shop saves items which a customer has placed in the virtual shopping basket by means of a cookie.
You may refuse to accept cookies by selecting the appropriate settings in your browser, however please note that if you do this you may not be able to use the full functionality of the website. In addition, you can prevent Google from collecting any data (including your IP address) generated by the cookie and relating to your use of the website, as well as the processing of this data by Google, by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en
4. Collection of general data and information; purpose of collection
The website of Pearl Schweiz GmbH collects a series of general data and information each time a data subject or automated system accesses the website. This general data and information is stored in the server log files. The following data may be collected: (1) browser types and versions used, (2) operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) sub-websites accessed via an accessing system on our website, (5) date and time of website access, (6) internet protocol address (IP address), (7) service provider of the accessing system and (8) other similar data and information used for danger prevention in the event of attacks on our information technology systems.When using these general data and information, Pearl Schweiz GmbH does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the contents of our website correctly, (2) to optimise the contents of our website and the advertising for these, (3) to ensure the long-term operability of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, Pearl Schweiz GmbH analyzes this anonymously collected data and information statistically, and moreover, with the aim of increasing the data protection and data security of our enterprise, and ultimately ensuring an optimal level of protection for the personal data we process.
The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
5. Registration on our website
The data subject has the possibility to register on the website of the controller by providing personal data. The personal data that is transmitted to the data controller in this context results from the respective input mask that is used for the registration. This data includes the first name and surname, the residential address or business address, the e-mail address and the date of birth. The latter is relevant for the data controller because of the legal capacity of our customers and thus the legal binding of orders. Data entered by the data subject is collected and stored exclusively for internal use by the data controller and for the data controller's own purposes. The controller may arrange for the data to be transferred to one or more processors, for example a parcel service provider, who will also use the personal data exclusively for an internal use attributable to the controller.By registering on the website of the controller, the IP address assigned by the internet service provider (ISP) of the data subject, the date as well as the time of registration are also stored. The storage of this data takes place against the background that only in this way can the misuse of our services be prevented and, if necessary, this data makes it possible to clarify criminal offences that have been committed. In this respect, the storage of this data is necessary for the protection of the data controller. As a matter of principle, this data is not passed on to third parties unless there is a legal obligation to pass it on or the passing on serves the purpose of criminal prosecution.
Registration of the data subject by voluntarily providing personal data serves the purpose of the controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have it completely deleted from the controller's database. The right to deletion is subject to Art. 17 (3) DS-GVO. If, at the time the right to deletion is asserted, there is a duty or right of the controller to retain the data, the data subject may assert the restriction of processing in accordance with Article 18 of the GDPR.
The controller shall provide any data subject at any time, upon request, with information about which personal data are stored about the data subject. Furthermore, the controller shall correct or delete personal data at the request or indication of the data subject, provided that there are no legal or other retention obligations to the contrary.
6. Subscription to our newsletter
On the website of the Pearl Schweiz GmbH, users are given the opportunity to subscribe to our enterprise's newsletter. The personal data transmitted to the controller when the newsletter is subscribed to is specified in the input mask used for this purpose.The Pearl Schweiz GmbH informs its customers and business partners at regular intervals by means of a newsletter about enterprise offers. In principle, the data subject may only receive our enterprise's newsletter if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter mailing.
When registering for the newsletter, we also store the IP address of the computer system used by the data subject at the time of registration as well as the date and time of registration, which is assigned by the Internet service provider (ISP). The collection of this data is necessary in order to be able to trace the (possible) misuse of a data subject's email address at a later date and therefore serves as a legal safeguard for the controller.
The personal data collected in the context of a registration for the newsletter are used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or a related registration, as could be the case in the event of changes to the newsletter offer or changes in the technical circumstances. No personal data collected as part of the newsletter service will be passed on to third parties. The subscription to our newsletter can be cancelled by the data subject at any time. The consent to the storage of personal data, which the data subject has given us for the newsletter dispatch, can be revoked at any time. For the purpose of revoking consent, a corresponding link can be found in each newsletter.
7. Newsletter-Tracking
Pearl Schweiz GmbH's newsletters contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in emails that are sent in HTML format so as to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, Pearl Schweiz GmbH can see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by the data subject.Such personal data collected via the tracking pixels contained in the newsletters are stored and analysed by the controller in order to optimise the newsletter dispatch and to better tailor the content of future newsletters to the interests of the data subject. This personal data will not be disclosed to third parties. Data subjects are entitled at any time to revoke the declaration of consent given in this regard via the double opt-in procedure. After a revocation, this personal data will be deleted by the controller. Pearl Schweiz GmbH automatically regards a withdrawal from the receipt of the newsletter as a revocation.
8. Contact option via the website; Collection of personal data
The Pearl Schweiz GmbH website contains, in accordance with statutory provisions, information that enables a quick electronic contact to our company as well as direct communication with us. This includes, among other things, our e-mail address. If a data subject contacts the controller by e-mail or by using a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be disclosed to third parties.
9. Routinemäßige Löschung und Sperrung von personenbezogenen Daten
The controller processes and stores personal data of the data subject only for the period of time required to achieve the purpose of storage or if provided for by the GDPR or the DSG.If the storage purpose ceases to apply or if a statutory storage period expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
10. Data subject's rights
a) Right to confirmation, Art. 15 I DS-GVO
Every data subject has the right to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Recht auf Auskunft, Art. 15 DS-GVO, Art. 20 ff. DSG
Any person subject to the processing of personal data shall have the right to obtain from the controller, at any time, access to, and a copy of, the personal data relating to him or her that are stored. The data subject shall have a right of access to such personal data and to the following information:
Every data subject has the right to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Recht auf Auskunft, Art. 15 DS-GVO, Art. 20 ff. DSG
Any person subject to the processing of personal data shall have the right to obtain from the controller, at any time, access to, and a copy of, the personal data relating to him or her that are stored. The data subject shall have a right of access to such personal data and to the following information:
o the purposes of the processing
o the categories of personal data processed
o the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations
o if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
o the existence of the right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or the right to object to such processing
o the existence of a right of appeal to a supervisory authority
o if the personal data is not collected from the data subject: any available information on the origin of the data
o the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject
o the categories of personal data processed
o the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations
o if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
o the existence of the right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or the right to object to such processing
o the existence of a right of appeal to a supervisory authority
o if the personal data is not collected from the data subject: any available information on the origin of the data
o the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject
Furthermore, the data subject has the right to be informed whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right to information, he or she may contact the data controller at any time.
Within the scope of application of the FADP, the request for information must be made in writing (Art. 20 para. 1 sentence 1 FADP). The controller reserves the right to provide information to the data subject by e-mail instead of a written reply (Art. 29 para. 2 FADP).
Within the scope of application of the GDPR, the information must be provided within one month of receipt of the request (Art. 12 (3) GDPR). Within the scope of the FADP, it must be provided within 30 days of receipt of the request (Art. 22 FADP).
The information is provided free of charge subject to Art. 12 para. 5 GDPR or Art. 23 FADP.
c) Right to rectification, Art. 16 DS-GVO
Any person affected by the processing of personal data has the right to request the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.
d) Right to erasure (right to be forgotten), Art. 17 DS-GVO
Any person affected by processing of personal data shall have the right to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:
o The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
o The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR and there is no other legal basis for the processing.
o The data subject objects to the processing pursuant to Article 21(1) DS-GVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) DS-GVO.
o The personal data have been processed unlawfully.
o The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
o The personal data have been collected in relation to information society services offered pursuant to Article 8(1) of the GDPR
o The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR and there is no other legal basis for the processing.
o The data subject objects to the processing pursuant to Article 21(1) DS-GVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) DS-GVO.
o The personal data have been processed unlawfully.
o The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
o The personal data have been collected in relation to information society services offered pursuant to Article 8(1) of the GDPR
If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by the controller, he or she may, at any time, contact the controller.
If the personal data have been made public by the controller and the controller is obliged to erase the personal data pursuant to Article 17 (1) of the GDPR, the controller shall take reasonable measures, including technical measures, to ensure that other data controllers processing the published personal data are informed, taking into account the available technology and the cost of implementation, that the data subject has requested from those other data controllers the erasure of all links to the personal data or copies of the personal data, unless the processing is necessary.
e) Right to restrict processing, Art. 18 DS-GVO
Anyone subject to the processing of personal data shall have the right to obtain from the controller the restriction of processing where one of the following conditions is met:
If the personal data have been made public by the controller and the controller is obliged to erase the personal data pursuant to Article 17 (1) of the GDPR, the controller shall take reasonable measures, including technical measures, to ensure that other data controllers processing the published personal data are informed, taking into account the available technology and the cost of implementation, that the data subject has requested from those other data controllers the erasure of all links to the personal data or copies of the personal data, unless the processing is necessary.
e) Right to restrict processing, Art. 18 DS-GVO
Anyone subject to the processing of personal data shall have the right to obtain from the controller the restriction of processing where one of the following conditions is met:
o The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
o The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
o The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defence of legal claims.
o The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.
o The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
o The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defence of legal claims.
o The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the controller, he or she may, at any time, contact the controller.
f) Right to data transferability, Art. 20 DS-GVO, Art. 24 VDSG
Any person concerned by the processing of personal data shall have the right to receive the personal data relating to him or her which have been provided by the data subject to a controller in a structured, commonly used and machine-readable format. He or she also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain the direct transfer of personal data from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.
In order to assert the right to data portability, the data subject may at any time contact the controller.
g) Right to object, Art. 21 DS-GVO
Any person affected by the processing of personal data has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
The controller shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims.
If the controller processes personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to the controller to the processing for direct marketing purposes, the controller will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by the controller for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right to object, the data subject may contact the controller. The data subject shall also be free, in the context of the use of information society services, notwithstanding Directive 2002/58/EC, to exercise his or her right to object by means of automated procedures which use technical specifications.
h) Automated decisions in individual cases including profiling, Art. 22 DS-GVO
Any person concerned by the processing of personal data has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the data controller is subject, and that law contains suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is made with the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) it is made with the data subject's explicit consent, the controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, including at least the right to obtain the data subject's involvement, to express his or her point of view and to contest the decision.
If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact the controller.
i) Right to revoke consent under data protection law
Any person affected by the processing of personal data has the right to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact the controller.
11. Data protection in applications and the application process
The controller collects and processes the personal data of applicants for the purpose of managing the application procedure. The processing may also be carried out electronically. This is in particular the case when an applicant submits relevant application documents to the controller by electronic means, for example by e-mail or via a web form located on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of initiating and implementing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents are automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller conflict with such deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG) of the Federal Republic of Germany.
12. Plug-ins
Our website uses a number of technical solutions to improve the performance of the website and customer communication. In detail, these are the following plug-ins:
· Meta Pixel (formerly Facebook)
· Tradedoubler (Affiliate)
· Google & Criteo Remarketing/Retargeting
· Google Analytics
· Kameleoon (A/B Testing Tool)
· Sovendus & Adfocus (special offers after order completion)
· Trusted Shops Trusbadge (rating module)
· Mailxpert
Details of the provider and its privacy policy can be found online in each case.· Tradedoubler (Affiliate)
· Google & Criteo Remarketing/Retargeting
· Google Analytics
· Kameleoon (A/B Testing Tool)
· Sovendus & Adfocus (special offers after order completion)
· Trusted Shops Trusbadge (rating module)
· Mailxpert
13. Legal basis of processing, Art. 5f. DS-GVO, Art. 23f. DSG
In the scope of application of the GDPR, data processing is only permissible if it is lawful, Art. 5 I a, Art. 6 GDPR. In this respect, processing is only permissible if at least one of the following conditions is met:
Art. 6 I lit. a DS-GVO serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Article 6 I lit. b DS-GVO. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services. If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data might become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. In this case, the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary for the protection of a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overriding.
Within the scope of application of the FADP, the processing of personal data must not unlawfully infringe the personality of the person concerned. An infringement of personality rights exists in particular:
a. if personal data are processed contrary to the principles set out in Articles 4-6 and 11;
b. if personal data is processed contrary to the express declaration of consent of the person concerned;
c. if personal data requiring special protection is disclosed to third parties;
d. by profiling without the express consent of the data subject.
As a rule, there is no violation of personality if the person concerned has made the personal data generally accessible and has not expressly prohibited processing.
According to Art. 24 para. 1 FADP, a violation of personality is unlawful if it is not justified by the consent of the person concerned, by an overriding private or public interest or by law.
14. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is customer satisfaction, optimal communication with our customers, the provision of tailor-made services and, in general, the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.
15. Duration of the storage of personal data
The criterion for the duration of the storage of personal data is the respective statutory or contractual retention period. After expiry of the period, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of the contract.
16. Legal or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data pursuant to Art. 13 II e GDPR
We would like to inform you that the provision of personal data is sometimes required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the data subject provides personal data, the data subject must contact our company. We will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.
17. Existence of automated decision-making pursuant to Art. 13 II f DS-GVO
As a conscientious company, we do not use automatic decision-making or profiling.______________________________________________________________________
Status: 16.08.2023