SWISS Gate AG

1. Privacy Policy
The website of SWISS Gate AG (hereinafter referred to as “SWISS Gate AG”) is subject to Swiss data protection law, in particular in accordance with the Swiss Federal Data Protection Act (DSG), as well as any applicable foreign data protection laws, such as the Basic Data Protection Regulation (DSGVO) of the European Union (EU). The EU acknowledges that Swiss data protection law guarantees adequate data protection.

Access to our website is encrypted using transport encryption (SSL/TLS).

We are very pleased about your interest in our company. Data protection has a particularly high priority for us. It is generally possible to use the SWISS Gate AG website without providing any personal data. However, if a person concerned wishes to take advantage of special services offered by our company via our website, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we generally obtain the consent of the person concerned.

The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the statutory data protection regulations. By means of this data protection declaration, our company wishes to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, this data protection declaration informs affected persons about their rights.

SWISS Gate AG, as the person responsible for processing, has implemented numerous technical and organisational measures to ensure that the personal data processed via this website is protected as completely as possible. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as by telephone.

 

2. Definitions

The SWISS Gate AG data protection declaration is based on the terms used by the European legislator for directives and regulations when the basic data protection regulation (DSGVO) was issued. Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms in this data protection declaration, among others:

 

(a) Personal data

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, on-line identification, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

 

(b) Data subject

Data subject means any identified or identifiable natural person whose personal data are processed by the controller.

 

(c) processing

Processing is any operation or set of operations, performed with or without the aid of automated means, which is performed upon personal data, such as collection, recording, organisation, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

 

(d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

 

(e) profiling

Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location of that natural person.

 

(f) Pseudonymisation

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 additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.

 

(g) Controller or controller

Controller or data controller is the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data.

 

(h) processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

 

(i) recipient

The recipient is any natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party.

 

(j) Third party

A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.

 

(k) Consent

Consent shall mean any freely given and informed unequivocal expression of the data subject’s wishes in the specific case, in the form of a statement or any other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.

 

3. Name and address of the controller

Enquiries from supervisory authorities or data subjects to the Data Protection Officer are usually made by e-mail, but can also be submitted by letter post:

 

SWISS Gate Ltd.
Kasernenstrasse 4b
CH-8184 Bachenbülach
[email protected]

 

4. Information you give us

This is information about you that you give us through:

– Filling out forms on our website (or other forms that we ask you to fill out)
– Presenting a business card (or similar),
– Correspondence with us by telephone, mail, e-mail or otherwise

This may include, for example, your name, address, e-mail address and telephone number, information about your business relationship with us and information about your professional role, background and interests.

 

5. Other Information

We may also collect some information from other sources. For example:

– If we have a business relationship with the organization you represent, your colleagues or other business contacts may give us information about you such as your contact information or details of their role in the business relationship.

– Sometimes we collect information from third parties or publicly available sources for anti-money laundering, background control and similar purposes to protect our business and to comply with our legal and regulatory obligations.

 

6. Cookies

The SWISS Gate AG website uses cookies and web beacons. Cookies are text files that are stored on a computer system via an Internet browser.

Numerous websites 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 that can be used to assign Internet pages and servers to the specific Internet browser in which the cookie was stored. This enables the Internet pages and servers visited to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified by means of the unique cookie ID.

By using cookies and counting pixels, we can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.

By means of a cookie and counting pixels, the information and offers on our website can be optimised in the interest of the user. As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. The user of a website that uses cookies, for example, does not have to enter his or her access data again each time he or she visits the website, as this is done by the website and the cookie stored on the user’s computer system.

The person concerned can prevent the setting of cookies by our website at any time by means of an appropriate setting in the Internet browser used, thereby permanently opposing the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. Counting pixels can be blocked at any time in the Internet browser settings or with appropriate browser extensions. This is possible in all common Internet browsers. If the person concerned deactivates the setting of cookies and blocks tracking pixels, not all functions of our website may be fully usable.

 

7. Collection of general data and information

The SWISS Gate AG website collects a range of general data and information every time a data subject or automated system calls up the website. These general data and information are stored in the server log files. The following can be recorded: (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of an access to the Internet site, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information which serve to avert danger in the event of attacks on our information technology systems.

When using this general data and information, SWISS Gate AG will not draw any conclusions about the person concerned. Rather, this information is required in order to (1) deliver the contents of our website correctly, (2) optimise the contents of our website as well as the advertising for it, (3) ensure the permanent operability of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore statistically evaluated by SWISS Gate AG on the one hand and also with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.

 

8. 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 transmitted to the controller will be determined by the input mask used for registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the data controller and for the data subject’s own purposes. The controller may arrange for the personal data to be transferred to one or more processors, such as a parcel service provider, which will also use the personal data exclusively for an internal use attributable to the controller.

Furthermore, by registering on the controller’s website, the IP address assigned to the data subject by the Internet Service Provider (ISP), the date and time of registration are stored. The storage of this data is carried out against the background that this is the only way to prevent the misuse of our services and, if necessary, to enable the clarification of criminal offences committed. In this respect, the storage of this data is necessary to protect the person responsible for processing. As a matter of principle, this data will not be passed on to third parties unless there is a legal obligation to do so or the passing on of the data serves criminal prosecution.

The registration of the data subject under voluntary disclosure of personal data serves the purpose of the data 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 them completely deleted from the data stock of the data controller.

The data controller shall at any time upon request provide any data subject with information as to which personal data relating to the data subject are stored. Furthermore, the controller shall correct or delete personal data at the request or notification of the data subject, unless this is contrary to any legal obligation to retain data. The entire staff of the data controller is available to the data subject as contact persons in this context.

 

9. Subscription to our newsletter

On the SWISS Gate AG website, users are given the opportunity to subscribe to various newsletters from our company. Which personal data is transmitted to the data controller when ordering the newsletters can be seen from the input mask used for this purpose.

SWISS Gate AG informs its customers, business partners and representatives of interests at regular intervals by means of its newsletters about company offers and other operational aspects. In principle, a newsletter from our company can only be received by the person concerned if (1) the person concerned has a valid e-mail address and (2) the person concerned registers to receive the newsletter. For legal reasons, a confirmation e-mail will be sent to the e-mail address first registered by a data subject for the newsletter mailing, using the double opt-in procedure. This confirmation e-mail is used to check whether the owner of the e-mail address, as the data subject, has authorized the receipt of the newsletter.

When registering for a newsletter, we also save the IP address assigned by the Internet Service Provider (ISP) of the computer system used by the person concerned at the time of registration as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of a data subject’s e-mail address at a later date and therefore serves to provide legal protection for the data controller.

The personal data collected during registration for the newsletter is used exclusively for sending our newsletter. In addition, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or for registration, as could be the case if there are changes to the newsletter offer or if technical conditions change. The personal data collected within the scope of the newsletter service will not be passed on to third parties.

The subscription to our newsletter can be cancelled by the person concerned at any time. The consent to the storage of personal data, which the person concerned has given us for the newsletter service, can be revoked at any time. For the purpose of revoking this consent, a corresponding link can be found in every newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the data controller or to inform the data controller in another way.

 

10. Newsletter Tracking

The newsletters of SWISS Gate AG contain so-called counting pixels. A pixel-code is a thumbnail graphic embedded in e-mails sent in HTML format to enable log file recording and analysis. This enables a statistical evaluation of the success or failure of online marketing campaigns. By means of the embedded pixel-code, SWISS Gate AG can identify whether and when an e-mail was opened by a person concerned and which links contained in the e-mail were accessed by the person concerned.

Such personal data collected via the embedded tracking pixels in the newsletters are stored and evaluated by the data controller in order to optimise the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the data subject. This personal data is not passed on to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given in this regard via the double opt-in procedure. After revocation, these personal data will be deleted by the data controller. Unsubscribing from receiving the newsletter is automatically interpreted by SWISS Gate AG as a revocation.

 

11. Contact option via the website

Due to legal requirements, the SWISS Gate AG website contains information that enables rapid electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. For security reasons, the IP address is also recorded. Such personal data transmitted by a data subject to the controller on a voluntary basis are stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.

 

12. Use of Google Analytics

We use Google Analytics from Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94.043 USA. This is a tool that can be used to analyse the use of web pages. Google uses various techniques for this purpose, including storing cookies on your computer. These store information about the use of our site, which we use to improve our offer.

Google Analytics uses cookies and usually stores them outside the EU/EFTA area. Google uses this information to evaluate the use of the website for SWISS Gate AG and to compile reports on website activities and Internet usage. Furthermore, Google transfers this information to third parties according to its own information, provided this is legally required or if third parties process this data on behalf of Google. The IP address transmitted by the browser within the scope of Google Analytics is not merged with other Google data. Users can prevent the storage of cookies (see “Cookies” above). Furthermore, users can prevent the transmission of data generated by the cookie and related to their use of the website (including IP address) to Google and the processing of this data by Google by downloading the browser plug-in available under the following link and installing https://tools.google.com/dlpage/gaoptout?hl=de

 

16. Use of Google Maps

This website uses Google Maps API to display geographical information visually and to calculate travel times with the travel planner. When using Google Maps, Google also collects, processes and uses data on the use of the map functions by visitors. Further information about data processing by Google can be found in the Google data protection information. There you can also change your personal data protection settings in the data protection centre.

Detailed instructions on how to manage your own data in connection with Google products can be found here.

 

21. Use of Social PlugIns Facebook

Our website uses so-called social plugins (“plugins”) of the social network Facebook, which is operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The plugins are marked with a Facebook logo or the addition “Social Plug-in from Facebook” or “Facebook Social Plugin”. An overview of the Facebook plugins and their appearance can be found here: https://developers.facebook.com/docs/plugins

When you call up a page of our website that contains such a plugin, your browser establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to your browser and integrated into the page. Through this integration, Facebook receives the information that your browser has called up the corresponding page of our website, even if you do not have a Facebook profile or are not currently logged in to Facebook. This information (including your IP address) is transmitted by your browser directly to a Facebook server in the USA and stored there.

If you are logged in to Facebook, Facebook can directly assign your visit to our website to your Facebook profile. If you interact with the plugins, for example by clicking the “Like” button or submitting a comment, this information is also transmitted directly to a Facebook server and stored there. The information is also published on your Facebook profile and displayed to your Facebook friends.

For the purpose and scope of data collection and the further processing and use of data by Facebook, as well as your rights and settings options for protecting your privacy, please refer to the Facebook data protection information: http://www.facebook.com/policy.php

If you do not want Facebook to assign the data collected via our website directly to your Facebook profile, you must log out of Facebook before visiting our website. You can also completely prevent the loading of the Facebook plugins with add-ons for your browser, e.g.

for Mozilla Firefox:

https://addons.mozilla.org/de/firefox/addon/facebook_blocker/?src=search

for Opera:

https://addons.opera.com/de/extensions/details/facebook-blocker/?display=en

for Chrome:

https://chrome.google.com/webstore/detail/block-facebook/gebclbfnlcebcljmgblacllmjkfidoef

(b) Twitter

On our website, so-called social plugins (“Plugins”) of the microblogging service Twitter are used, which is operated by Twitter Inc, 1355 Market St, Suite 900, San Francisco, CA 94103, USA (“Twitter”). The plugins are marked with a Twitter logo, for example in the form of a blue “Twitter bird”. An overview of the Twitter plugins and their appearance can be found here: https://about.twitter.com/en_us/company/brand-resources.html

If you call up a page of our website that contains such a plugin, your browser will establish a direct connection to the servers of Twitter. The content of the plugin is transmitted by Twitter directly to your browser and integrated into the page. Through the integration, Twitter receives the information that your browser has called up the corresponding page of our website, even if you do not have a Twitter profile or are not currently logged in to Twitter. This information (including your IP address) is transmitted by your browser directly to a Twitter server in the USA and stored there.

If you are logged in to Twitter, Twitter can directly assign your visit to our website to your Twitter account. If you interact with the plugins, for example by clicking the “Twitter” button, the corresponding information is also transmitted directly to a Twitter server and stored there. The information is also published on your Twitter account and displayed to your contacts.

For the purpose and scope of data collection and the further processing and use of the data by Twitter as well as your rights and settings options to protect your privacy, please refer to the Twitter data protection information: https://twitter.com/privacy

If you do not want Twitter to associate the data collected via our website directly with your Twitter account, you must log out of Twitter before visiting our website. You can also completely prevent the loading of the Twitter plugins with add-ons for your browser, e.g. with the script blocker “NoScript” (http://noscript.net/).

(c) Instagram

Our website uses social plugins (“Plugins”) from Instagram, which is operated by Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025, USA (“Instagram”). The plugins are marked with an Instagram logo, for example in the form of an “Instagram Camera”. An overview of the Instagram plugins and their appearance can be found here: http://blog.instagram.com/post/36222022872/introducing-instagram-badges

When you access a page on our site that contains such a plugin, your browser will establish a direct connection to Instagram’s servers. The content of the plugin is transmitted by Instagram directly to your browser and integrated into the page. This integration informs Instagram that your browser has called up the corresponding page on our website, even if you do not have an Instagram profile or are not currently logged in to Instagram. This information (including your IP address) is transmitted by your browser directly to an Instagram server in the USA and stored there.

If you are logged in to Instagram, Instagram can directly associate your visit to our website with your Instagram account. When you interact with the plug-ins, for example by clicking the “Instagram” button, this information is also transmitted directly to an Instagram server and stored there. The information is also published to your Instagram account and displayed to your contacts.

For the purpose and scope of data collection and further processing and use of the data by Instagram, as well as your rights and privacy preferences, please refer to Instagram’s Privacy Policy: https://help.instagram.com/155833707900388/

If you do not want Instagram to associate the information collected through our site directly with your Instagram account, you must log out of Instagram before visiting our site. You can also completely prevent Instagram plugins from loading by using add-ons for your browser, such as the script blocker “NoScript” (http://noscript.net/).

(d) YouTube

Our website uses social plugins (“Plugins”) from YouTube, which is operated by YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA (“YouTube”). YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. The plugins are marked with a YouTube logo, for example in the form of a “YouTube button”.

Each time the data subject accesses one of the individual pages of this website operated by the data controller and on which a YouTube component (YouTube video) has been integrated, the Internet browser on the data subject’s information technology system is automatically prompted by the respective YouTube component to download a display of the corresponding YouTube component from YouTube. Further information on YouTube can be found at https://www.youtube.com/yt/about/de/. As part of this technical process, YouTube and Google are informed which specific subpage of our website is visited by the data subject.

If the person concerned is logged on to YouTube at the same time, YouTube recognizes which specific subpage of our website the person concerned is visiting by calling up a subpage containing a YouTube video. This information is collected by YouTube and Google and assigned to the respective YouTube account of the person concerned.

YouTube and Google receive information via the YouTube component that the data subject has visited our website whenever the data subject is logged on to YouTube at the same time as he or she visits our website, regardless of whether the data subject clicks on a YouTube video or not. If the data subject does not wish this information to be transmitted to YouTube and Google, he or she can prevent the transmission by logging out of his or her YouTube account before accessing our website.

The privacy policy published by YouTube, which is available at https://www.google.de/intl/de/policies/privacy/, provides information about the collection, processing and use of personal data by YouTube and Google.

 

22. Routine deletion and blocking of personal data

The controller shall process and store personal data relating to the data subject only for the period of time necessary to achieve the purpose of storage or where provided for by the European legislator or other legislator in laws or regulations to which the controller is subject.

If the purpose of storage ceases to apply or if a storage period prescribed by the European Directives and Regulations Giver or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.

 

23. Rights of the data subject

If you wish to exercise any of the following rights, please contact us as set out in paragraph 3.

You may also submit a complaint about our processing of your personal data to the Federal Data Protection and Information Commissioner (FDPIC, www.edoeb.admin.ch).

(a) Right to confirmation

Every data subject has the right, granted by the Swiss legislator or by the European legislator for directives and regulations, to obtain confirmation from the controller as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact our data protection officer at any time.

(b) Right to information

Every person affected by the processing of personal data has the right, granted by the Swiss legislator or by the European Directive and Regulation, to obtain at any time and free of charge from the data controller information about the personal data stored about him/her and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:

– the purposes of processing

– the categories of personal data processed

– the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or international organisations

– 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

– the existence of a right of rectification or erasure of personal data relating to him or her or of a restriction on processing by the controller or a right to object to such processing

– the existence of a right of appeal to a supervisory authority

– if the personal data are not collected from the data subject: All available information on the origin of the data

– the existence of an automated decision-making process including profiling in accordance with Article 22 Paragraphs 1 and 4 DPA and – at least in these cases – meaningful information on the logic involved and the scope and intended consequences of such processing for the data subject

– The data subject shall also have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise this right of access, he or she may contact our Data Protection Officer at any time.

(c) Right of rectification

Any person affected by the processing of personal data has the right, granted by the Swiss legislator or by the European legislator of directives and regulations, to demand the immediate correction of incorrect personal data concerning him/her.

Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing.

If a data subject wishes to exercise this right of rectification, he or she may contact our data protection officer at any time.

(d) Right of deletion (right to be forgotten)

Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate erasure of personal data relating to him/her, if one of the following reasons applies and provided that the processing is not necessary:

– the accuracy of the personal data is contested by the data subject, for a period of time sufficient to enable the controller to verify the accuracy of the personal data

– The processing is unlawful, the data subject refuses to have the personal data deleted and instead requests that the use of the personal data be restricted.

– The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to assert, exercise or defend legal claims.

– The data subject has lodged an objection to the processing pursuant to Art. 21 (1) DPA and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.

– If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored at SWISS Gate AG, he or she can contact our data protection officer at any time.

If SWISS Gate AG’s personal data has been made public and our company, as the responsible party, is obliged to delete the personal data in accordance with Art. 17 Paragraph 1 DSGVO, SWISS Gate AG will take appropriate measures, also of a technical nature, taking into account the available technology and implementation costs, to inform other data controllers who process the published personal data that the data subject has requested these other data controllers to delete all links to this personal data or copies or replications of this personal data, unless the processing is necessary. Our data protection officer will take the necessary steps in individual cases.

(e) Right to limit processing

Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the controller to restrict the processing if one of the following conditions is met:

– the accuracy of the personal data is contested by the data subject, for a period of time sufficient to enable the controller to verify the accuracy of the personal data

– the processing is unlawful, the data subject refuses to have the personal data deleted and instead requests the limitation of the use of the personal data

– The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to assert, exercise or defend legal claims.

– The data subject has lodged an objection to the processing pursuant to Art. 21 (1) DPA and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.

– If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored at SWISS Gate AG, he or she can contact our data protection officer at any time.

(f) Right to data transferability

Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her which have been made available to a controller by the data subject in a structured, common and machine-readable format. He or she also has the right to have this data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter a DPA or Art. 9 para. 2 letter a DPA or on a contract pursuant to Art. 6 para. 1 letter b DPA and that the processing is carried out by means of automated procedures, 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 their right to data transfer pursuant to Art. 20 para. 1 DPA, the data subject has the right to obtain that personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

To assert the right to data transfer, the person concerned can contact our data protection officer at any time.

(g) Right to object

Every person concerned by the processing of personal data has the right, granted by the European legislator, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her carried out pursuant to Article 6(1)(e) or (f) of the DPA. This also applies to profiling based on these provisions.

In the event of an objection, SWISS Gate AG will no longer process the personal data unless we can prove compelling reasons for processing that are worthy of protection and outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims.

If SWISS Gate AG processes personal data for the purpose of direct advertising, the person concerned has the right to object to the processing of personal data for the purpose of such advertising at any time. This also applies to profiling, insofar as it is connected with such direct advertising. If the data subject objects to SWISS Gate AG processing for the purpose of direct advertising, we will no longer process the personal data for these purposes.

Furthermore, the data subject has the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out at SWISS Gate AG for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 of the DSGVO, unless such processing is necessary for the fulfilment of a task in the public interest.

In order to exercise the right of objection, the person concerned may contact our data protection officer directly. The data subject is also free to exercise his or her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

(h) Automated case-by-case decisions, including profiling

Every person concerned by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or national legislation to which the controller is subject and such legislation provides for adequate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) is made with the explicit consent of the data subject.

If the decision (1) is necessary for the conclusion or performance of a contract between the person concerned and the data controller or (2) is made with the express consent of the person concerned, SWISS Gate AG shall take reasonable measures to safeguard the rights and freedoms as well as the legitimate interests of the person concerned, which shall include at least the right to obtain the intervention of a person from the data controller, to present its own position and to contest the decision.

If the data subject wishes to exercise rights relating to automated decisions, he or she may contact our Data Protection Officer at any time.

(i) Right to revoke a data protection consent

Every person affected by the processing of personal data has the right granted by the Swiss legislator or the European Directive and Regulation Giver to revoke his or her consent to the processing of personal data at any time.

If the data subject wishes to exercise his or her right to revoke consent, he or she may contact our data protection officer at any time.

 

24. Legal basis of the processing

Art. 6 I lit. a DSGVO serves our company as a legal basis for processing operations for 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 necessary for the supply of goods or provision of other services or consideration, the processing is based on Art. 6 I lit. b DSGVO. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes the processing of personal data necessary, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c DSGVO.

In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were to be injured and his or her name, age, health insurance details or other vital information had to be forwarded to a doctor, hospital or other third party. In this case the processing would be based on Art. 6 I lit. d DSGVO. Finally, processing operations could be based on Art. 6 I lit. f DSGVO. Processing operations which are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, unless the interests, fundamental rights and freedoms of the data subject prevail.

We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 DSGVO).

 

25. 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 DSGVO, our legitimate interest is to conduct our business activities for the benefit of the well-being of all our employees and our shareholders.

 

26 Duration for which personal data are stored

The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of the period, the corresponding data is routinely deleted if it is no longer required for contract fulfilment or contract initiation.

 

27. Legal or contractual provisions on the provision of personal data; necessity for the conclusion of a contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data, which 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/her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the person concerned makes personal data available, the person concerned must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.

 

28. Existence of automated decision making

As a responsible company, we avoid automatic decision making or profiling.

 

29. Adaptation of the data protection declaration

We may amend our privacy policy at any time by publishing it on this website.

 

SWISS Gate AG, March 2020