Data Protection Policy
We are delighted by your interest in our company. Your personal data will be processed completely confidentially and according to the legislative General Data Protection Regulation (GDPR) and this Data Protection Policy. With this Data Protection Policy we would like to inform you about the type, extent and purpose of the personal data we process. Data subjects are also informed of their rights and contact options are provided.
In principle it is possible to use the websites of Schwihag AG without providing any personal data. The processing of personal data takes place in accordance with the requirements of the General Data Protection Regulation and in compliance with the state-specific data protection provisions applicable to Schwihag AG.
Responsible party
The responsible party within the meaning of the General Data Protection Regulation, other applicable data protection laws of the Member States of the European Union and other data protection provisions is:
Schwihag AG
Konstanzerstrasse 70-72
CH-8274 Tägerwilen
Contact
Data Protection Officer
Christoph Baffy
Email: datenschutz@schwihag.com
Definitions
The Data Protection Policy of Schwihag AG is based on the definitions used by the European legislative and regulatory authorities at the time the General Data Protection Regulation (GDPR) was adopted. Our Data Protection Policy should be easy to read and understandable for members of the public as well as our customers and business partners. The terms used in the policy are explained below to ensure this is the case.
Personal data
Personal data means all information relating to an identified or identifiable natural person (referred to in the following 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, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Data subject
The data subject is any identified or identifiable natural person whose personal data is processed by the party responsible for processing.
Processing
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation
Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Controller
Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
Recipient
Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
Third party
Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent
Consent means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
Rights of the data subject
- a) Right to confirmation
Any data subject has the right to request a confirmation from the party responsible for processing as to whether and how personal data are processed. Should a data subject like to make use of this right to confirmation, they can contact our controller at any time.
- b) Right of access
The data subject shall have the right to obtain from the controller free confirmation as to whether or not personal data concerning him or her are being processed as well as a copy of the personal data being processed. The data subject further has the right to the following information
the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
The data subject shall have the right to be informed if personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall further have the right to be informed of the appropriate safeguards relating to the transfer. Should a data subject like to make use of this right to access, they can contact our controller at any time.
- c) Right to rectification
The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall further have the right to have incomplete personal data completed, including by means of providing a supplementary statement. Should a data subject like to make use of this right to rectification, they can contact our controller at any time.
- d) Right to erasure (‘right to be forgotten’)
The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and providing that the processing is not essential:
the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing;
the data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR;
the personal data have been unlawfully processed;
the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
Where one of the above applies, the data subject can contact our controller at any time should they wish to request deletion of their personal data stored by the controller.
Where Schwihag AG has made the personal data public and our company as controller is obliged pursuant to Article 17(1) of the GDPR to erase the personal data, Schwihag AG, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, provided that the processing is not essential. The controller will arrange for necessary action on a case-by-case basis.
- e) Right to restriction of processing
The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
the data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where one of the above applies, the data subject can contact our controller at any time should they wish to request the restriction of their personal data stored by Schwihag AG. The controller or another employee will arrange for the restriction of processing.
- f) Right to data portability
The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. They further have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR; and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
In exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that the rights and freedoms of others are not adversely affected. The data subject can contact our controller at any time to assert their right to data portability.
- g) Right to object
The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR. This includes profiling based on those provisions. Should an objection be made, Schwihag AG shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
Where Schwihag AG processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This includes profiling to the extent that it is related to such direct marketing. Where the data subject objects to Schwihag AG processing for direct marketing purposes, the personal data shall no longer be processed for such purposes. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, the data subject, on grounds relating to his or her particular situation, shall also have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest. Should they wish to exercise their right to object, the data subject can contact our controller at any time. Furthermore, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
- h) Automated individual decision-making
The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision is not necessary for entering into, or performance of, a contract between the data subject and a data controller, or the decision is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or the decision is based on the data subject’s explicit consent. Where the decision is necessary for entering into, or performance of, a contract between the data subject and a data controller, or the decision is based on the explicit consent of the data subject, Schwihag AG shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision. Should the data subject wish to assert their rights in relation to automated decision-making they can contact our controller at any time.
- I) Right to withdraw declaration of consent
The data subject shall have the right to withdraw his or her consent to the processing of personal data at any time. Should the data subject wish to exercise their right to withdraw declaration of consent they can contact our controller at any time.