Data Protection Agreement
Responsible for the data processing described above is Telya GmbH, Bürglimatte 15, 8820 Wädenswil, Switzerland. If you have any data protection concerns, you can send them to us at the following address: email@example.com. firstname.lastname@example.org.
2. Collection and handling of personal data
We primarily process the personal data that we receive from our customers and other business partners in the course of our business relationship with them and other persons involved in it, or that we collect from users in the course of operating our websites, apps and other applications.
To the extent permitted, we also take certain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, internet) or receive such data from other companies, authorities and other third parties. In addition to the data about you that you give us directly, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we learn in connection with official and legal proceedings, information in connection with your professional functions and activities, information about you in correspondence and meetings with third parties, creditworthiness information (insofar as we conduct business with you personally), information about you that people close to you (family, advisors, legal representatives, etc.) give us so that we can conclude contracts with you. ), so that we can conclude or process contracts with you or involving you (e.g. References, your address for deliveries, powers of attorney, information on compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners of ours on the utilisation or provision of services by you (e.g. payments made, purchases made), information from the media and Internet on your person (insofar as this is appropriate in the specific case, e.g. in the context of a job application, press release, etc.). e.g. in the context of an application, press review, marketing/sales, etc.), your addresses and, if applicable, interests and other socio-demographic data (for marketing), data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, details of your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring website, location details).
3. Purposes of data handling and legal basis
Above all, we use the personal data we collect to close and settle our contracts with our customers and business partners, in particular in the context of our activities with our customers, the purchasing of products and services from our suppliers and subcontractors, as well as to meet our legal obligations at home and abroad. If you work for such a customer or business partner, your personal data may affected in this context as well.
In addition, where permitted and deemed appropriate, we also process personal data for the following purposes in which we (and sometimes third parties) have a legitimate interest and in accordance with the following:
- Offer and further development of our offers, services and websites, apps and other platforms on which we are present.
- Communicating with third parties and processing their enquiries (e.g. applications, media enquiries).
- Testing and optimisation of procedures for needs analysis for the purpose of direct customer contact as well as collection of personal data from publicly accessible sources for the purpose of customer acquisition.
- Advertising and marketing (including the organisation of events), insofar as you have not objected to the use of your data (if we send you advertising as an existing customer of ours, you can object to this at any time and we will then put you on a blocking list against further advertising mailings).
- Market and opinion research, media monitoring.
- Assertion of legal claims and defence in connection with legal disputes and official proceedings;
- Prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud).
- Guarantees of our operations, in particular IT, our websites, apps and other platforms.
- Video surveillance to maintain house rules and other measures for IT, building and facility security and protection of our employees and other persons and assets 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 transactions under company law and the associated transfer of personal data as well as measures for business management and insofar as for compliance with legal and regulatory obligations as well as internal regulations.
Insofar as you have given us consent to handle your personal data for certain purposes (for example, when you register to receive newsletters or carry out a background check), we process it within the scope of and based on this consent, insofar as we have no other legal basis and we require such a basis. Consent given can be revoked at any time, but this has no effect on data processing that has already taken place.
4. Cookies/tracking and other technologies related to the use of our website
We also include visible and invisible image elements in our newsletters and other marketing emails in some cases and where permitted, by retrieving these from our servers we can determine whether and when you have opened the email so that we can measure and better understand how you use our offers and tailor them to you here too. You can block this in your email program; most are preset to do this.
By using our website and agreeing to receive newsletters and other marketing emails, you consent to the use of these techniques. If you do not wish to do so, you must set your browser or e-mail programme accordingly.
We sometimes use Google Analytics or similar services on our website. This is a service provided by third parties that may be located in any country in the world (in the case of Google Analytics, it is Google LLC in the USA, www.google.com), with which we can measure and evaluate the use of the website (not on a personal basis). Permanent cookies set by the service provider are also used for this purpose. The service provider does not receive any personal data from us (and does not retain any IP addresses), but can track your use of the website, combine this information with data from other websites that you have visited and which are also tracked by the service provider, and use these findings for its own purposes (e.g. controlling advertising). If you have registered with the service provider yourself, the service provider also knows you. The service provider is then responsible for processing your personal data in accordance with its data protection regulations. The service provider only informs us how our respective website is used (no information about you personally).
We may use so-called plug-ins from social networks such as Facebook, Twitter, YouTube, Google+, Pinterest or Instagram on our websites. This is apparent to you in each case. We have configured these elements so that they are deactivated by default. If you activate them (by clicking on them), the operators of the respective social networks can register that you are on our website and where and can use this information for their purposes. The processing of your personal data is then the responsibility of this operator according to its data protection regulations. We do not receive any information about you from them.
5. Data transfer and data transfer abroad
Within the scope of our business activities and the purposes set out in section 3, we may disclose data to third parties, insofar as this is permitted and appears to us to be appropriate, either because they process it for us or because they want to use it for their own purposes. This concerns the following bodies in particular:
- Service providers of ours, including contractors.
- Dealers, suppliers, subcontractors and other business partners.
- Domestic and foreign authorities, government agencies or courts.
- The public, including visitors to websites and social media.
- Competitors, industry associations, organizations and other entities.
- Other parties in potential or actual legal processes.
These recipients are partly located in the home country, but can be anywhere in the world. In particular, you should expect your data to be transferred to all countries in which we maintain business relationships, as well as to other countries in Europe and the USA where the service providers we use are located. If we transfer data to a country without adequate legal data protection, we ensure an adequate level of protection as provided for by law by using appropriate contracts (namely on the basis of the so-called standard contractual clauses of the European Commission, which can be accessed here, here and here) or rely on the legal exceptions of consent, the performance of contracts, the establishment, exercise or enforcement of legal claims, overriding public interests, published personal data or because it is necessary to protect the integrity of the data subjects. hier, hier und hier abrufbar sind) für ein angemessenes Schutzniveau oder stützen uns auf die gesetzlichen Ausnahmentatbestände der Einwilligung, der Vertragsabwicklung, der Feststellung, Ausübung oder Durchsetzung von Rechtsansprüchen, überwiegender öffentlicher Interessen, der veröffentlichten Personendaten oder weil es zum Schutz der Unversehrtheit der betroffenen Personen nötig ist.
6. Dauer der Aufbewahrung von Personendaten
We process and store your personal data for as long as it is necessary for the fulfilment of our contractual and legal obligations or otherwise the purposes pursued with the processing, i.e. for example for the duration of the entire business relationship (from the initiation, processing to the termination of a contract) as well as beyond that in accordance with the statutory retention and documentation obligations. In this context, it is possible that personal data will be retained for the time during which claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or legitimate business interests require this (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted or anonymised as a matter of principle and as far as possible. For operational data (e.g. system logs, logs), shorter retention periods of twelve months or less generally apply.
We take appropriate technical and organisational security precautions to protect your personal data from unauthorised access and misuse.
8. Duty to provide personal data
In the context of our business relationship, you must provide such personal data as is necessary for the establishment and performance of a business relationship and the fulfilment of the associated contractual obligations (you do not generally have a legal obligation to provide us with data). Without this data, we will generally not be able to enter into or perform a contract with you (or the entity or person you represent). Also, the website cannot be used if certain information to secure traffic (such as IP address) is not disclosed.
9. Profiling and computerised decision making
We may process personal data partly automatically with the aim of evaluating certain personal aspects (profiling). We use profiling in particular to be able to provide targeted information and advice about products. In doing so, we use evaluation tools that enable us to provide needs-based communication and advertising, including market and opinion research.
For the establishment and implementation of the business relationship and also otherwise, we generally do not use any fully automated automatic decision-making (such as regulated in Art. 22 DSGVO). Should we use such procedures in individual cases, we will inform you separately about this, insofar as this is required by law, and inform you about the associated rights.
10. Rights of the individual concerned
Within the framework of the data protection law applicable to you and insofar as provided for therein (such as in the case of the GDPR), you have the right to information, correction, deletion, the right to restrict data processing and otherwise to object to our data processing as well as to the release of certain personal data for the purpose of transfer to another body (so-called data portability). Please note, however, that we reserve the right to enforce the restrictions provided for by law, for example if we are obliged to retain or process certain data, if we have an overriding interest in doing so (insofar as we are entitled to rely on this) or if we need the data to assert claims. If you incur costs, we will inform you in advance. We have already informed you about the possibility of revoking your consent in section 3. Please note that exercising these rights may conflict with contractual agreements and may have consequences such as premature termination of the contract or costs. We will inform you in advance if this is not already contractually regulated.
The exercise of such rights usually requires that you clearly prove your identity (e.g. by means of a copy of your identity card where your identity is otherwise not clear or cannot be verified). To exercise your rights, you can contact us at the address given in section 1.
In addition, every data subject has the right to enforce his or her claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
Based on DSAT.ch