A. GENERAL INFORMATION
- The data controller of personal data processed in relation to the above-mentioned brand is always WINFORCE AG, located at Oberneuhoftrasse 5, 6340 Baar, Switzerland (hereafter also referred to as the “data controller”, “we” or “us”).
- The representative of the data controller in the European Union according to Article 27 GDPR is WINFORCE Europe GmbH, located at Turmstraße 11, 78467 Konstanz, Germany.
- The data controller has designated a data protection officer according to Article 37 GDPR who can be contacted at firstname.lastname@example.org.
B. BASIC PRINCIPLES OF DATA PROCESSING
- We process personal data in accordance with applicable data protection laws and regulations. This means that personal data is processed only when there is a legal basis for processing it.
- Where we have your consent, we may use personal data that has been collected by cookies, including to send marketing communications such as our newsletter to you (as applicable, depending on the consent you have provided). You may withdraw your consent at any time, however, this will not affect the lawfulness of any data processing carried out before your consent was withdrawn.
- We are entitled to provide information on the personal data we process, and to provide access to that personal data, to law enforcement or emergency response agencies in accordance with applicable law, and to process data, where necessary, in order to comply with our legal obligations.
- When contacting us (for example, via a contact form or email), the data can be stored for the purposes of processing the inquiry and in the event that questions arise. In any case, inquiries are first processed at our head office in Switzerland.
- Further details about the purposes for which we process your data, how we process your data and who your data is disclosed to are set out below.
C. COLLECTION OF ONLINE ACCESS DATA (LOG FILES)
- We may automatically collect information when you access our websites. We collect data on requests for access to the server on which our website is hosted (server log files). The access data includes the name of the retrieved web page file, date and time of retrieval, transmitted data volume, notification of successful retrieval, browser type and version, the user’s operating system, referrer URL (the site used prior to this visit), IP address and the requesting provider.
- We will usually process the log data on an anonymous basis, without reference to other information identifying the relevant user or any other creation of a profile, and only for statistical evaluations for the purposes of the operation, security and optimization of our website. However, we reserve the right to check the log data at a later date and to use this data with other information that may identify a user if we have reasonable grounds to suspect unlawful use or activity.
- We send newsletters, emails and other electronic notifications with promotional information, which we will collectively refer to as “newsletters”, only with the consent of the recipient. If you subscribe to our newsletters, you agree to receive the newsletters.
- We keep a record of subscriptions to our newsletters in order to demonstrate that the registration process is in accordance with legal requirements. This includes the storage of the login and confirmation time as well as the IP address.
- Newsletters are sent by “sendinblue”, a marketing platform provided by SENDINBLUE SAS, 7 rue de Madrid, 75008 Paris, France.
- The email addresses of our newsletter recipients, as well as their other data described in point 9 of this section, are stored on sendinblue’s servers in France. Sendinblue uses this information to send and evaluate the newsletters on our behalf. In addition, sendinblue may use this information to optimize or improve its own services, for example, for the technical optimization of the dispatch and presentation of newsletters, or for financial purposes, in order to determine the recipients’ countries of residence. However, sendinblue does not use the data of our newsletter recipients to write to them, and it does not forward the data to third parties.
- To subscribe to newsletters, all you have to do is provide us with your email address. We also ask for your first and last name and your date of birth, both of which are optional. In addition, we automatically collect information regarding which country version and language is being used. This information is merely for the personalization of the newsletter. We only use this information to adapt the content of newsletters to our readers’ interests.
- Statistical surveys and analysis – The newsletters contain a “web beacon”, which is a pixel-sized file that is retrieved from the sendinblue server when the newsletter is opened. As part of this retrieval, technical information is collected, such as that regarding the browser and your system as well as your IP address and the time of retrieval. This information is collected for the improvement of the service, based on technical data or the target groups, their reading behavior, retrieval locations (which can be determined using the IP address) and access times.
- Statistical surveys also determine whether newsletters have been opened, when they are opened and which links are clicked. This information can be assigned to individual newsletter recipients for technical reasons. However, neither we nor sendinblue are attempting to observe individual users. The evaluations help us identify the reading habits of our users and adapt our content to them or send different content according to their interests.
- Unsubscribing from the newsletter – If you wish to receive the newsletter, you are required to give your consent for all the data processing set out in point 9 of this section. However, you may unsubscribe from our newsletter at any time, meaning you may revoke your consent. In this case, your consent to receiving the newsletter, having your data sent via sendinblue and the statistical analyses, will all simultaneously expire.
E. COOKIES AND REACH MEASUREMENT
WHAT ARE COOKIES?
WHAT KIND OF COOKIES DO WE USE?
There are different cookies for different purposes. Information collected by these cookies may include the following (depending on the cookie in question): device type, unique browser identifier, IP address, unique cookie identifier, browser type, language, country, operating system, system settings, information about your interaction with our sites such as purchases, indicated preferences and click behavior. We do not control the functioning of cookies from third parties. The respective third parties are responsible for such cookies and for their own data processing.
STRICTLY NECESSARY COOKIES
These cookies enable services you have specifically asked for. They are essential to enable you to move around the website and use its features, such as accessing secure areas. Without using these cookies, services you have asked for, such as shopping baskets or e-billing, cannot be provided.
ANALYTICAL OR PERFORMANCE COOKIES
These cookies collect anonymous information on the pages that you have visited. They collect information about how visitors use a website, for instance, which pages visitors go to most often, how they move around our website and if they get error messages from webpages. These cookies do not collect data that personally identifies any user. They help us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
These cookies remember choices you make to improve your experience. They are used to recognize you when you return to our website. They allow the website to remember choices you make (such as your username, language or the region you are in) and provide enhanced, more personal features such as greeting you by name. They can also be used to remember changes you have made to text size, fonts and other parts of our website that you can customize as well as to provide services you have asked us for, such as watching a video or commenting on a blog. The information these cookies collect may be anonymized and they cannot track your browsing activity on other websites.
TARGETING OR ADVERTISING COOKIES
These cookies collect information about your browsing habits in order to make advertising relevant to you and your interests. They record your visit to our website, the pages you have visited and the links you have followed. They are used to deliver adverts that are more relevant to you and your interests. These cookies are also placed by third parties (including advertising networks) with our permission. The cookies remember which pages of our website you have visited and this information is shared with other organizations such as advertisers. It may be used to deliver adverts to you on third-party websites or applications based on your online activity.
The third-party advertising cookies and services we use include Google Ads, Facebook Ads and Instagram Ads.
HOW TO DISABLE COOKIES AT ANY TIME?
You can change your browser settings to delete or prevent certain cookies from being stored on your computer or mobile device. The ‘Help’ section in your browser should provide information on how to manage the cookie settings in the browser.
However, it should be noted that the blocking of cookies might affect site functionality. If you want to accept cookies from us but not cookies from third parties, you can typically (depending on your browser) select “Block third-party cookies” in your browser settings.
How to disable cookies in different browsers: http://www.aboutcookies.org/how-to-delete-cookies
If you wish to deny the site from placing cookies on your device (e.g. computer or mobile phone), you may block cookies in your browser settings:
Internet Explorer: https://support.microsoft.com/help/17442/windows-internet-explorer-delete-manage-cookies
Mozilla Firefox: http://support.mozilla.com/en-US/kb/Cookies
Adobe (Flash cookies): http://www.adobe.com/privacy/policies/flash-player.html
For other browsers, please check the support website for your browser.
Furthermore, you can get more information about cookies at http://www.allaboutcookies.org/ and https://www.networkadvertising.org/understanding-online-advertising/what-are-my-options.
More information can be found in our cookie declaration.
F. GOOGLE ANALYTICS
- Google uses this information on our behalf to evaluate the use of the website by users in order to compile reports on the activities within the website, and to provide additional services related to the use of the website as well as Internet usage. Pseudonymous usage profiles of the users can therefore be created from the processed data.
- We only use Google Analytics with IP anonymization enabled. This means that the IP addresses of the users are abbreviated by Google within the member states of the European Union or in other contracting states of the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the US and abbreviated there.
- The IP address transmitted by the user’s browser is not merged with other data from Google. Users can prevent the storage of cookies by setting their browser software accordingly; users may also block the collection of data generated by the cookie and related to their use of the website for Google, as well as the processing of such data by Google, by downloading and installing the browser plugin available at https://tools.google.com/dlpage/gaoptout?hl=en.
- For further information on Google’s use of the data for advertising purposes, as well as settings and opportunities to raise objections, please refer to the following Google webpages: https://www.google.com/intl/en/policies/privacy/partners/ (“How Google uses data when you use our partners’ sites or apps”), http://www.google.com/policies/technologies/ads (“Data usage for advertising purposes”), http://www.google.com/settings/ads (“Control the information Google uses to show you ads”) and http://www.google.com/ads/preferences/ (“Make the ads you see more useful to you”).
G. FACEBOOK SOCIAL PLUGINS
- Our website uses social plugins from the social network facebook.com, operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). The plugins are recognizable by the Facebook logo (white “f” on a blue tile, the terms “like” or “thumbs up”) or are marked with “Facebook Social Plugin”. The list and the appearance of the Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
- If a user calls up a function of the website that contains such a plugin, his/her device establishes a direct connection to Facebook’s servers. The content of the plugin is transmitted directly from Facebook to the user’s device and integrated into the website. We thus have no influence on the extent of the data that is collected by Facebook with the help of this plugin.
- Through the integration of the plugins, Facebook receives the information that a user has accessed our website. If the user is logged in to Facebook, Facebook can assign the visit to his/her Facebook account. If users interact with the plugins, for example, by pressing the Like button or commenting, the corresponding information is sent from their device directly to Facebook and stored there. If a user does not have a Facebook account, it is still possible that Facebook will find and save his/her IP address.
- The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the rights and settings for user privacy protection, can be found in the Facebook privacy notice: https://www.facebook.com/about/privacy/.
- If a user is a Facebook member and does not want Facebook to collect data about him/her through this website, nor to link to his/her member data stored on Facebook, he/she must log out of Facebook before using our website and delete his/her cookies. Further settings on and objections to the use of data for advertising purposes are possible within Facebook’s profile settings: https://www.facebook.com/settings?tab=ads or via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. The settings are independent of the platform, i.e. they are used for all devices, such as desktop computers and mobile devices.
H. FACEBOOK REMARKETING
- Within our website, “Facebook pixels” of the social network Facebook, operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are an EU resident, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”), are used. The Facebook Pixel enables Facebook to determine the visitors to our website as a target group for the display of ads, referred to as “Facebook ads”. Accordingly, we use the Facebook Pixel only to display the Facebook ds we have activated to those Facebook users who have also shown an interest in our website. This means that the Facebook Pixel enables us to ensure that our Facebook ads match the users’ potential interests and do not bother them. Moreover, the Facebook Pixel allow us to determine the effectiveness of the Facebook ads for statistical and marketing purposes, since we are able to see whether users were forwarded to our website after clicking a Facebook ad.
- The Facebook Pixel is integrated directly by Facebook when our websites are called up, and stores a cookie, i.e. a small file, on your device. If you subsequently log in to Facebook or visit Facebook while logged in, the visit to our website is marked in your profile. The data collected about you is anonymized, so it does not provide us with any indications about the identity of the users. However, this data is stored and processed by Facebook, thereby enabling a connection to the respective user profile. The data processing by Facebook is implemented within the framework of Facebook’s data usage guidelines. For more information about how the remarketing pixel works, as well as general information on the display of Facebook ads, see the Facebook data usage policy: https://www.facebook.com/policy.php.
- You can opt out of the collection of your data by the Facebook Pixel and the use of this data to display Facebook ads. To do this, visit the page set up by Facebook and follow the instructions for the settings of usage-based advertising: https://www.facebook.com/settings?tab=ads or opt out via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. The settings are independent of the platform, i.e. they are used for all devices, such as desktop computers and mobile devices.
I. ONLINE CUSTOMERS
- Where you place an order for products online or make an inquiry with us, data processing is necessary for the performance of that contract or in order to take steps at your request before entering into a contract.
- We pass on users’ personal data to third parties if this is necessary for billing purposes (for example, to a payment service provider) or for other purposes necessary to meet our contractual obligations to our customers. This includes the transmission of customer data to enable the execution of an order to our dispatch centres and shipping service providers for the purpose of order processing.
- For the delivery of orders, we work together with external shipping service providers (e.g. DPD, DHL, UPS). These shipping service providers receive the following data from us for the execution of the respective order: - Name - Delivery address - Telephone number. The legal basis for processing this data for this purpose is the consent given in accordance with Art. 6 para. 1 lit. a EU-DSGVO.
J. JOB APPLICATIONS
- If you send us a job application, we regard this as your consent to process the personal data therein. The processing of your applicant data is therefore done with your consent. Based on your applicant data, we check your suitability for the advertised position.
- In the event of rejection, applicant data will be deleted no later than four months after the date of rejection. You are entitled to request the deletion of your data in advance. You also have the right to correct or restrict your applicant data, the right to data transfer and the right to object to the processing of your data. In the event of an objection, the processing carried out up to that point remains lawful.
- If you are awarded the contract for a position and an employment relationship is established, your applicant data will be transferred to a personnel file. You will then receive additional information on the processing of your data within the framework of the employment contract.
- We would like to point out that no automated decision-making takes place in our application process. You are also not obliged to provide us with personal data. However, incomplete application documents may prevent us from concluding an employment contract with you.
K. PRODUCT LIABILITY
- In the event that our products need to be recalled, we may process personal data of end users in order to comply with obligations relating to recalls. We process such data to resolve product liability matters.
- In product liability cases, we may pass on end-users’ personal data to third parties, in particular, to insurance companies, suppliers and lawyers, if this is necessary for determining the cause of defect or processing the compensation, or for other purposes that are required to meet our obligations towards end-users.
L. DATA TRANSFER WITHIN THE WINFORCE GROUP
If required, we transfer personal data to companies affiliated to WINFORCE AG. This transfer may take place, in particular, if the processing is carried out by several enterprises within the Group. Our group of companies consists of several individual companies in different countries. Lawful data processing within the WINFORCE Group is inter alia guaranteed through data processing agreements.
M. DATA SECURITY
We put in place organizational, contractual and technical security measures that correspond to the latest technology, in order to ensure compliance with applicable data protection laws, and to ensure that the data processed by us is protected against accidental or intentional manipulation, loss, destruction or access by unauthorized persons.
N. DATA SUBJECT RIGHTS
- Upon request, you are entitled to receive information about your personal data that we process. In such cases, we may ask you to provide us with detailed information regarding possible circumstances that have led to the processing of your data by us.
- You also have the right to demand rectification of inaccurate data held about you, request the deletion of your personal data, assert your rights to the portability of your personal data, restrict or object to the processing of your data, and file a complaint with the relevant supervisory authority in the event of suspected unlawful data processing.
- You may, at any time, withdraw any consent to data processing that you have provided, however, this will not affect the lawfulness of any data processing carried out before your consent was withdrawn.
O. RETENTION OF DATA