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.
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:
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.
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
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.
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.
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.
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.
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.
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.
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.
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:
Details of the provider and its privacy policy can be found online in each case.
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.
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.
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.
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.
As a conscientious company, we do not use automatic decision-making or profiling.
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Status: 16.08.2023