Data Protection Statement Art. 13 DSGVO
Version effective as of June 22. 2018
First, in line with the new requirements, our Privacy Policy now specifically requires that we obtain consent from our users before any of their data can be transferred out of Switzerland or the European Union for purposes not already explicitly stated in our Privacy Policy.
With this Data Protection Statement I, Claude Sieber Atelier describe how we collect and further process personal data. This Data Protection Statement is not necessarily a comprehensive description of our data processing. It is possible that other data protection statements General Terms and Conditions are applicable to specific circumstances.
The term "personal data" in this Data Protection Statement to shall mean any information that identifies, or could reasonably be used to identify any person.
If you provide us with personal data of other persons (such as family members, work colleagues), please make sure the respective persons are aware of this Data Protection Statement and only provide us with their data if you are allowed to do so and such personal data is correct.
This Data Protection Statement is in line with the EU General Data Protection Regulation (GDPR). Although the GDPR is a regulation of the European Union (EU), it may be relevant for us. The Swiss data protection legislation (FADP) is heavily influenced by the law of the European Union. In addition, companies outside of the European Union or the European Economic Area (EEA) must comply with the GDPR in certain cases.
1. Controller / Data Protection Officer / Representative/ Online Dispute Resolution:
The Controller of data processing as described in this data protection statement Beatrice is Sieber Birsigstrasse 96 CH4054 BASEL (unless we have informed you differently in certain cases]. You can notify us of any data protection related concerns, irrespective of the concerned affiliate company of Claude Sieber using the following contact details: Beatrice Sieber info@claudesieber.com
Subject to the regulations of Article 14 (1) of the Online Dispute Resolution Regulation, the European Commission offers the possibility of dispute resolution on their website at www.ec.europa.eu/consumers/odr/. You can use this site to try to reach an out-of-court settlement.
Claude Sieber takes part in the Dispute Resolution Regulation before a consumer arbitration authority as defined in (Bundesgericht) Swiss Law on Consumer Dispute Resolution). The responsible authority is:
Stiftung für Konsumentenschutz
Monbijoustrasse 61
Postfach
3001 Bern
info@konsumentenschutz.ch
Telefonzentrale: ++41 (0)31 370 24 24
2. Collection and Processing of Personal Data
We primarily process personal data that we obtain from our clients and other business partners as well as other individuals in the context of our business relationships with them or that we collect from users when operating our website.
When you visit our website with or without registering for any of our provided services and without providing us with personal data in any other form, we may automatically collect additional information about you which will contain personal data only in limited cases and which is automatically recognized by our server, such as:
- Your IP address;
- Device type, name and IDs;
- Date and time of your requests
In order to use our services, you have to register an account. With regard to the registration of an account and its subsequent use, we process
- personal data provided by registration, such as
- Name, address, email, phone,
- Information in connection with an account sign-in facility (e.g. log-in and password details)
- Communications sent by you (e.g. via post, e-mail or website communication forms)
Purpose and legal basis: We will process the personal data you provide in order to:
- Identify you at sign-in,
- Provide you with the services and information offered through the Website or which you request;
- Administer your account
- Communicate with you
The legal basis therefore is Article 6 sec. 1 sent. 1 lit. b GDPR.
You can object to the use of your personal data for direct marketing at any time. We will then refrain from any processing to the extent it is related to such purposes. You can inform us about your objection at info@claudesieber.com
in order to conclude or process contracts with you or with your involvement (e.g. references, your delivery-address,), information regarding legal regulations such as anti-money laundering and export restrictions, bank details, our distributors and other business partners for the purpose of orderering or delivering services to you or by you (e.g., payments made, previous purchases, your address - data in connection with your use of our websites (e.g., IP address, MAC address of your smartphone or computers, information regarding your device and settings, cookies, date and time of your visit, sites and content retrieved, applications used, referring website, localization data).
3. Purpose of Data Processing and Legal Grounds
We primarily use collected data in order to conclude and process contracts with our clients and business partners, in particular in connection with your subscription to our website our clients and the procurement of products and services from our suppliers and subcontractors, as well as in order to comply with our domestic and foreign legal obligations. You may be affected by our data processing in your capacity as an employee of such a client or business partner.
In addition, in line with applicable law and where appropriate, we may process your personal data and personal data of third parties for the following purposes, which are in our, legitimate interest, such as:
- Providing and developing our products.
- Review of procedures regarding needs assessment for the purpose of direct customer approach as well as obtaining personal data from publicly accessible sources for customer acquisition;
- Advertisement and marketing (including organizing events), provided that you have not objected to the use of your data for this purpose (if you are part of our customer base and you receive our advertisement, you may object at any time and we will place you on a blacklist against further advertising mailings);
- Asserting legal claims and defense in legal disputes and official proceedings;
- Prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
- Ensuring our operation, including our IT, our website, apps and other appliances;
Transaction Notices
As a part of providing you our services, we may notify you of important information via email, phone or post. Such instances may include;
- Agreement and policy updates
- Password reset and account access notifications
- Payment updates
Some of these notices are required by law and cannot be unsubscribed from, while you have an active website account or business relationship. Email notification preference can be adjusted via your account settings.
The legal basis therefor is Article 6 sec. 1 sent. 1 lit. b GDPR and, if required by law, Article 6 sec. 1 sent. 1 lit. c GDPR
If you have given us your consent to process your personal data for certain purposes (for example when registering to receive newsletters or carrying out a background check), we will process your personal data within the scope of and based on this consent, unless we have another legal basis, provided that we require one. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.
4. Cookies / Tracking and Other Techniques Regarding the Use of our Website
If permanent Cookies or other tracking techniques are used (text to be amended according to the specific case):
We typically use "cookies" and similar techniques on our websites which allow for an identification of your browser or device. A cookie is a small text file that is sent to your computer and automatically saved by the web browser on your computer or mobile device, when you visit our website. If you revisit our website we may recognize you, even if we do not know your identity. Besides cookies that are only used during a session and deleted after your visit of the website ("session cookies"), we may use cookies in order to save user configurations and other information for a certain time period (e.g., two years) ("permanent cookies"). Notwithstanding the foregoing, you may configure your browser settings in a way that it rejects cookies, only saves them for one session or deletes them prematurely. Most browsers are preset to accept cookies. We use permanent cookies for the purpose of saving user configuration (e.g., language, automated log in), in order to understand how you use our services and content. If you block cookies, it is possible that certain functions (such as, e.g., language settings, shopping basket, ordering processes) are no longer available to you.
In accordance with applicable law, we may include visible and invisible image files in our newsletters and other marketing e-mails. If such image files are retrieved from our servers, we can determine whether and when you have opened the e-mail, so that we can measure and better understand how you use our offers and customize them. You may disable this in your e-mail program, which will usually be a default setting.
By using our website and consenting to the receipt of newsletters and other marketing e-mails you agree to our use of such techniques. If you object, you must configure your browser or e-mail program accordingly should the respective setting not be available.
We may use Google Analytics or similar services on our website. These are services provided by third parties, which may be located in any country worldwide (in the case of Google Analytics Google LLC is in the U.S., www.google.com) and which allow us to measure and evaluate the use of our website (on an anonymized basis). For this purpose, permanent cookies are used, which are set by the service provider. The service provider does not receive (and does not retain) any personal data from us, but the service provider may track your use of the website, combine this information with data from other websites you have visited and which are also tracked by the respective service provider and may use this information for its own purposes (e.g. to controlling of advertisements). If you have registered with the service provider, the service provider will also know your identity. In this case, the processing of your personal data by the service provider will be conducted in accordance with its data protection regulations. The service provider only provides us with data on the use of the respective website (but not any personal information of you).
In addition, we use plug-ins from social networks such as Facebook, Linkedin, Pinterest, or Instagram on our websites. This is visible for you (typically based on the respective symbols). We have configured these elements to be disabled by default. If you activate them (by clicking on them), the operators of the respective social networks may record that you are on our website and where on our website you are exactly and may use this information for their own purposes. This processing of your personal data lays in the responsibility of the respective operator and occurs according to its data protection regulations. We do not receive any information about you from the respective operator.
5. Datatransfer and Transfer of Data Abroad
In the context of our business activities and in line with the purposes of the data processing set out in Section 3, we may transfer data to third parties, insofar as such a transfer is permitted and we deem it appropriate, in order for them to process data for us or, as the case may be, their own purposes. In particular, the following categories of recipients may be concerned:
- Our service providers, such as e.g. banks, Paypal, including processors (such as e.g. IT providers);
- The public, including users of our websites and social media;
- Other parties in possible or pending legal proceedings;
together Recipients.
Certain Recipients may be within Switzerland but they may be located in any country worldwide. In particular, you must anticipate your data to be transmitted to any country in which Claude Sieber is represented by affiliates, branches or other offices as well as to other countries in Europe and the USA where our service providers are located. If we transfer data to a country without adequate legal data protection, we ensure an appropriate level of protection as legally required by way of using appropriate contracts (in particular on the basis of the standard contract clauses of the European Commission, which can be accessed here) or binding corporate rules or we rely on the statutory exceptions of consent, 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 persons concerned. You can obtain a copy of the mentioned contractual guarantees at any time from the contact person named under Section 1 above insofar they are not available under the aforementioned link. However, we reserve the right to redact copies for data protection reasons or reasons of secrecy or to produces excerpts only.
6. Retention Periods for your Personal Data
We process and retain your personal data as long as required for the performance of our contractual obligation and compliance with legal obligations or other purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, during the performance of the contract until it is terminated) as well as beyond this duration in accordance with legal retention and documentation obligations. Personal data may be retained for the period during which claims can be asserted against our company or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g., for evidence and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anonymized, to the extent possible. In general, shorter retention periods of no more than twelve months apply for operational data (e.g., system logs).
7. Data Security
We have taken appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse such as [internal policies, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions.
8. Obligation to Provide Personal Data To Us
In the context of our business relationship you must provide us with any personal data that is necessary for the conclusion and performance of a business relationship and the performance of our contractual obligations (as a rule, there is no statutory requirement to provide us with data). Without this information, we will usually not be able to enter into or carry out a contract with you (or the entity or person you represent). In addition, the website cannot be used unless certain information is disclosed to enable data traffic (e.g. IP address).
9. Profiling [and Automated Individual Decision-Making]
We may partially process your personal data automatically with the aim of evaluating certain personal aspects (profiling). In particular, profiling allows us to inform and advise you about products possibly relevant for you more accurately. For this purpose, we may use evaluation tools that enable us to communicate with you and advertise you as required, including market and opinion research.
10. Your Rights
In accordance with and as far as provided by applicable law (as is the case where the GDPR is applicable), you have the right to access, rectification and erasure of your personal data, the right to restriction of processing or to object to our data processing in addition to right to receive certain personal data for transfer to another controller (data portability). Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs on you, we will notify you thereof in advance. We have already informed you of the possibility to withdraw consent in Section 3 above. Please further note that the exercise of these rights may be in conflict with your contractual obligations and this may result in consequences such as premature contract termination or involve costs. If this is the case, we will inform you in advance unless it has already been contractually agreed upon.
In general, exercising these rights requires that you are able to prove your identity (e.g., by a copy of identification documents where your identity is not evident otherwise or can be verified in another way). In order to assert these rights, please contact us at the addresses provided in Section 1 above.
In addition, every data subject has the right to enforce his/her rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority of Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
11. Amendments of this Data Protection Statement
We may amend this Data Protection Statement at any time without prior notice. The current version published on our website shall apply. If the Data Protection Statement is part of an agreement with you, we will notify you by e-mail or other appropriate means in case of an amendment.
Any questions about our privacy statement can be sent to info@claudesieber.com
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