PRIVACY POLICY

DATA PRIVACY STATEMENT

The responsible organization within the sense of the data privacy act, particularly the EU data privacy ordinance (DSGVO), is:

Martin Helfenstein
ESTECH Group AG
Aabachstrasse 22

CH-5703 Seon
E-Mail: martin.helfenstein@estech.ch

General Information

Based on Article 13 of the Swiss Federal Constitution and the data privacy regulations of the Federal Government (Data Privacy Act, DSG) every person has the right to protection of their private sphere as well as protection against misuse of their personal data. The operator of this site takes protection of your personal data very seriously. We treat your personal data confidentially and in compliance with the legal data privacy regulations as well as this privacy policy.

In cooperation with our hosting providers we make every effort to protect the databases as well as possible against external access, loss, misuse or fraud.

Please note that data transfer in the Internet (e.g. during communication via email) can be vulnerable in terms of security. Complete protection of data against external access is not possible.

By using this website you agree with the collection, processing and use of data as described below. As a matter of principle it is possible to visit this website without registering. During such visits, data, such as pages called, the names of files called, data and time are saved on the server for statistical purposes, without this data being associated directly with your person. Data related to persons, particularly names, addresses or email addresses are collected on a voluntary basis to the extent possible. Data will not be disseminated to third parties without your consent.

Processing of Personal Data

Personal data includes all information related to a certain person or person whose identity can be ascertained. An affected person is a person, whose personal data is processed. Processing includes all types of transactions with or handling of personal data, regardless of the means or processes used. This includes particularly archiving, disclosure, procurement, deletion, storage, modification, destruction and use of personal data.

We process personal data in compliance with the Swiss Data Privacy Act. Furthermore we process personal data – to the extent EU-DSGVO is applicable – in compliance with the following legal principles in conjunction with DSGVO Art. 6 Para. 1:

  • lit. a) Processing of personal data with consent of the affected person.
  • lit. b) Processing of personal data for fulfilment of a contract with the affected person as well as for performing actions related to concluding a contract.
  • lit. c) Processing of personal data for fulfilment of a legal obligation, to which we are subject according to any applicable EU law or according to any applicable law of the country in which the DSGVO is applicable in full or in part.
  • lit. d) Processing of personal data to protect the vital interests of the affected person or another natural person.
  • lit. f) Processing of personal data to protect our own legitimate interests or those of third parties, when such processing is not outweighed by the basic freedoms and basic rights as well as interests of the affected person. Legitimate interests include particularly our business/economic interests allowing us to provide our website, information security, implementation of our own legal rights and compliance with Swiss law.

We process personal data for the length of time required for the specific purpose(s). In the case of longer-lasting archiving obligations based on legal and other obligations, to which we are subject, we limit processing accordingly.

Privacy Policy Regarding Cookies

This website uses cookies. These consist of small text files, which make it possible to save specific user-related information on the user's terminal while the user is using the website. Cookies make it possible to determine particularly the frequency of use and number of site users, to analyse behaviour patterns in site use and to organise our offer in a customer-friendly manner. Cookies remain in storage at the end of a browser session and can be called again the next time the site is visited. If you do not want us to save cookies on your terminal, you can set your Internet browser to refuse to accept cookies.

A general objection to use of cookies for the purposes of online marketing can be filed with a number of services, particularly in the case of tracking on the US site http://www.aboutads.info/choices/ or EU site http://www.youronlinechoices.com/. Moreover use of cookies can be prevented by switching off this feature in the browser settings. Please note that in this case it may not be possible to utilise all of the features available in this online offer.

Data Privacy Information Regarding SSL/TLS Encryption

This website uses SSL/TLS encryption for reasons of security and for protection during transfer of confidential contents, such as inquires sent to us as the site operator. An encrypted link can be recognised by the browser address line changing from "http://" to "https://" and a lock symbol in your browser address bar.

When SSL or TLS encryption is activated, the data being transferred to us cannot be read by a third party.

Data Privacy Information Regarding Server Log Files

The provider of this website automatically collects and saves information in so-called server log files, which your browser transfers to us automatically. This includes:

  • Type of browser and version
  • Operating system in use
  • Referrer URL
  • Host name of accessing computer
  • Time of service request

This data cannot be associated with any certain person. It is not possible to consolidate this data with other data sources. We retain all rights to check this data subsequently if a concrete suspicion of illegal use arises.

Third Party Services

This website may use Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against robots and spam, and YouTube embedding videos.

These services by the American company Google LLC use cookies, among other features, so that data is transferred by Google to the USA, whereby we assume that personal tracking is not accomplished within the scope of this practice simply by using our website.

Google has obligated itself to ensure appropriate data privacy according to the American/European and American/Swiss Privacy Shield.

Further information is available in Google's own data privacy statement. Information on data processing by Google is available in the GGoogle Data Privacy Information. There you can also change your personal data privacy settings in the data privacy center. Detailed instructions for managing your own data in context with Google products is available here.

Data Privacy Information Regarding Contact Form

When you send us an inquiry on our contact form, we save the information given on your inquiry form including the contact data you entered there for processing your inquiry and in the event you have any subsequent questions. We do not pass this data on without your consent.

Data Privacy Information Regarding Newsletter Data

If you would like to subscribe to the newsletter offered on this website, we require your email address as well as information allowing us to check whether you are the owner of the email address you entered and agree to receiving the newsletter. No other data is collected.

We use this data exclusively for sending the requested information and do not pass it on to third parties. You can revoke your consent to saving the data, the email address and its use for sending the newsletter at any time, for example, by using the "unsubscribe" link in the newsletter.

Data Privacy Information Regarding Right to Information, Deletion and Blocking

You have the right to obtain, at no cost to you, information on the personal data saved for you, its source and receiver and the purpose of data processing as well as the right to correct, block or delete this data. Please contact us at any time at the address given in the "About Us" section, if you have any further questions regarding your personal data.

Services Subject to Costs

When we provide services subject to costs, we request additional data, such as payment information, to complete your order. We save this data in our systems, until expiration of the legal archiving periods.

Google Ads / (Google AdWords)

This website uses Google Conversion Tracking. If you reached our website via an ad placed by Google, Google Adwords saves a cookie on your computer. Conversion Tracking saves a cookie when a user clicks on an ad placed by Google. These cookies loose their validity after 30 days and do not serve for personal identification. If a user visits certain pages on our website and the cookie has not yet expired, we, as well as Google, can recognise that the user clicked on the ad and was transferred to this site. Every Google AdWords customer receives a different cookie. Cookies can therefore not be traced via AdWords customers' websites. The information obtained with the aid of the conversion cookies serves to generate conversion statistics for AdWords customers, who have chosen Conversion Tracking. The customers are notified of the total number of users, who clicked on their ad and were transferred to a site with a Conversion Tracking tag. They do not, however, receive any information, which would allow them to identify users personally.

If you do not want to participate in tracking, you can refuse the cookie required for this purpose – for example, in your browser settings, by generally deactivating cookies being saved automatically or changing your browser settings so that cookies from the domain "googleleadservices.com" are blocked.

Please ensure that you do not delete the opt-out cookies, which prevent the data from being recorded. If you have deleted all the cookies in your browser, it will be necessary to save the opt-out cookie in question again.

Use of Google reCAPTCHA

This website uses the reCAPTCHA service provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). This question serves to ensure that the entry is being made by a human rather than by automated, machine processing. The question includes transfer of the IP address to Google and, where applicable, other data required for the reCAPTCHA service. Your entry is transferred to Google where it is used for this purpose. Your IP address will, however, be truncated previously by Google within European Union member countries or in other countries subscribing to the European Economic Community Treaty. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and truncated there. At the request of the operator of this website, Google will use this information to evaluate your utilisation of this service. The IP address forwarded by your browser within the scope of reCaptcha will not be consolidated with other data by Google. Your data may also be transferred to the USA. The European Commission has issued an adequacy decision, the "Privacy Shield", regarding transfer of data to the USA. Google participates in the "Privacy Shield" and has agreed to subordinate itself to its requirements. By entering the requested data, you consent to processing your data. Processing is accomplished with your consent on the basis of DSGVO Art. 6 (1) Letter a. You can revoke your consent at any time without any effect on the legality of the processing accomplished based on your consent up to the time of revocation. Additional information on Google reCAPTCHA as well as the associated data privacy policy is available at: https://www.google.com/privacy/ads/

Data Privacy Information Regarding Google Analytics

This website uses Google Analytics provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google provides a browser plug-in for deactivation of Google Analytics at https://tools.google.com/dlpage/gaoptout?hl=de. Google Analytics uses cookies. These consist of small text files, which make it possible to save specific user-related information on the user's terminal. These allow Google to analyse the use of our website. The information on the use of our website (including your IP address) collected with cookies is generally transferred by Google to a server in the USA, where it is saved. Please note that on this website Google Analytics has been supplemented with the code "gat._anonymizeIp();" to ensure anonymous collection of IP addresses (so-called IP masking). If anonymization is active, Google truncates the IP addresses within the European Union member countries or in other countries subscribing to the agreement regarding the European Economic Community, thus making conclusions regarding your identity impossible. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and truncated there. Google observes the data privacy regulations specified in the "Privacy Shield" agreement and is registered in the "Privacy Shield" programme sponsored by the US Department of Commerce and uses collected information to assess utilisation of our websites, generate reports for us on this utilisation and provide other related services for us. More information is available at https://support.google.com/analytics/answer/6004245?hl=de.

Data Privacy Information Regarding LinkedIn

This website uses features offered by the LinkedIn network. The provider is the LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Every time one of our sites containing LinkedIn features is called up, a link is completed to LinkedIn servers. LinkedIn is provided information that you have visited our Internet site with your IP address. When you click the LinkedIn "recommend button" and are logged into your account at LinkedIn, it is possible for LinkedIn to associate your visit to our Internet site with your user account. Please note that we, as site provider, have no knowledge of the contents of the data transferred or its use by LinkedIn. Further information is available in LinkedIn's own data privacy statement. https://www.linkedin.com/legal/privacy-policy

Data Privacy Information Regarding XING

This website uses features offered by the XING network. The provider is New Work SE, Dammtorstraße 30, 20354 Hamburg, Deutschland. Every time one of our sites containing XING features is called up, a link is completed to XING servers. XING is provided information that you have visited our Internet site with your IP address. When you click the XING "contact button" and are logged into your account at XING, it is possible for XING to associate your visit to our Internet site with your user account. Please note that we, as site provider, have no knowledge of the contents of the data transferred or its use by XING. Further information is available in XING's own data privacy statement. https://www.xing.com/app/share%3Fop%3Ddata_protection.

Data Privacy Information Regarding Facebook

This website uses features offered by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. When one of our sites with Facebook plug-ins is called up, a link is created between your browser and Facebook servers. This results in data being transferred to Facebook immediately. If you have a Facebook account, this data can be linked to the account.

If you do not want this data to be associated with your Facebook account, please log out of Facebook before visiting our site. Interactions, particularly use of a comment feature or clicking on the "like" or "share" buttons also results in transfer to Facebook.

More information is available at https://de-de.facebook.com/about/privacy.

Data Privacy Information Regarding YouTube

This website uses plug-ins from the YouTube site operated by Google. The site provider is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. When you visit sites provided with a YouTube plug-in, a link is created to YouTube servers. This link provides information to the YouTube server regarding the site you have visited.

If you are logged into your YouTube account, you allow YouTube to associate your surfing behaviour directly with your personal profile. You can prevent this by logging out of your YouTube account.

Further information on use of user data is given in the YouTube data privacy policy at: https://www.google.de/intl/de/policies/privacy

Order Handling in our Online Shop with Customer Account

We process our customer's data in compliance with the [Swiss] Federal Data Privacy Regulations (Data Privacy Act, DSG) and EU-DSGVO, within the scope of order transactions in our online shop to allow you to choose and order the selected products and services as well as ensure payment and delivery/execution.

The data processed includes master data (inventory data), communication data, contract data, payment data and information regarding the persons affected by this processing, including our customers, prospective buyers and other business associates.

Processing is accomplished for the purpose of providing the contract goods and services within the scope of operating an online shop, billing, shipment and customer service. For this purpose we use session cookies, e.g. to save the contents of your shopping cart, and permanent cookies to save your log-in status. Processing is accomplished in compliance with DSGVO, Art. 6 Para. 1 letter b (handling order transactions) and c (legally required archiving). During this process, the data marked as required is necessary to establish and fulfil the contract. We disclose this data to third parties only within the scope of shipment, payment or legal permits and obligations. This data is processed in other countries only when required to fulfil the contract (e.g. delivery or payment as requested by the customer).

Users can open a user account where they can review information such as their orders. Users are advised of the required mandatory information within the scope of registration. User accounts are not public and cannot be indexed by search machines such as Google. When users close their user account, the data related to their user account is deleted, unless archiving is required for commercial or tax reasons as stipulated in DSGVO Art. 6 Para. 1 letter c. Information remains in the customer account until it is deleted followed by archiving when a legal obligation exists. If desired, users may save their data after notice of termination is given and before the contract expires.

We save the user's IP address and the time of each user transaction within the scope of registration and re-registration as well as use of our online services. This information is saved based on our legitimate interests as well as those of the user for protection against misuse and other unauthorised use. As a matter of principle this data is not disclosed to third parties unless required to pursue our claims or due to legal obligations in compliance with DSGVO Art. 6 Para. 1 letter c.

The data is deleted after expiration of legal archiving requirements and other comparable obligations. The necessity for archiving the data is reviewed at irregular intervals. In the case of legal archiving obligations, the data is deleted after expiration of the obligation.

Copyrights

Copyrights and all other rights pertaining to the contents, images, photographs or other files on the website are the exclusive property of the operator of the website or particularly specified holders of such rights. Reproduction of any and all files requires prior, written approval by the holder of the copyrights.

Violation of the copyrights without the consent of the holder of the copyright is punishable and may make the violator liable for damages.

General Disclaimer

All information on our Internet site has been carefully reviewed. We make every effort to keep the information provided up to date and ensure the contents is correct and complete. Nevertheless errors cannot be completely excluded, so that we cannot assume any liability for completeness, correctness or topicality of information including information of a journalistic/editorial nature. We cannot assume any liability whatsoever for material or non-material damages resulting from use of the information provided, except in the event of intentional or grossly negligent culpability.

The publisher has the right to modify or delete texts at his own discretion without prior notification and is not obligated to update the contents of this website. Use or access to this website is at the visitor's own risk. The publisher, his clients and/or partners are not responsible for any damage, whether direct, indirect, coincidental, concretely foreseeable in advance or for subsequent damage allegedly resulting for visitors to this site, and thus accept no liability whatsoever.

The publisher accepts no responsibility or liability whatsoever for the contents or availability of third party websites accessible via external links on this website. The operators of such websites are responsible themselves for the contents of the linked sites. The publisher expressly dissociates himself from all third party contents, which may be relevant under criminal or civil liability law or violate public morality conventions.

Revisions

We are entitled to adapt our data privacy policy at any time without prior notice. In all cases, the version currently published on our website applies. If our data privacy policy is a part of an agreement with you, we will advise you of any updates/changes via email or other suitable means.

Questions for our Data Security Officer

If you have any questions regarding our privacy policy, please send us an email or directly contact the staff member in our organisation designated as responsible for data privacy at the beginning of our data privacy statement.

Seon, 23/09/2019 / Source: SwissAnwalt