Privacy statement of the ELPOCHEM companies
Version 2023-1 dated 29.08.2023
In this privacy policy, we, ElpoChem AG, ElpoChem Engineering AG and ElpoChem GmbH (hereinafter [all together] ElpoChem, we or us) explain how we collect and otherwise process personal data. This is not an exhaustive description; other data protection declarations [or general terms and conditions and similar documents] may regulate specific issues. Personal data is understood to mean all information relating to a specific or identifiable person. If you provide us with personal data of other people (e.g. data from work colleagues), please ensure that these persons are aware of this privacy policy and only share their personal data with us if you are allowed to do so and if this personal data is correct. This privacy policy is designed to meet the requirements of the EU General Data Protection Regulation (“GDPR”), the Swiss Data Protection Act (“DSG”) and the revised Swiss Data Protection Act (“RevDSG”). However, whether and to what extent these laws apply depends on the individual case.
1. Responsible person/ data protection officer/ representative
Responsible for the data processing that we describe here is Mr. Jürg Romann, Chriesbaumstrasse 4, CH-8604 Volketswil, Switzerland. If you have data protection concerns, you can inform us of these for all ElpoChem companies at the following contact address: ElpoChem AG, Chriesbaumstraße 4, CH-8604 Volketswil or info@elpochem.chUnser Representative in the EEA in accordance with Art. 27 GDPR (if necessary) is: ElpoChem GmbH, Wallbrunnstraße 24, 79539 Lörrach, info@elpochem.ch
2. Collection and processing of personal data
We primarily process the personal data that we receive from these and other parties involved as part of our business relationship with our customers and other business partners or that we collect from their users when operating our websites and other applications. As far as this is permitted, we also obtain certain data from publicly available sources (e.g. debt collection registers, commercial registers, press, Internet) or receive such data from authorities. In addition to the data about you that you give us directly, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we learn in connection with official and court proceedings, information in connection with your professional functions and activities (so that, for example, we can conclude and process transactions with your employer with your help), information about you in correspondence and meetings with third parties, credit information (insofar as we do business with you personally process), information about you that people from your environment (family, advisor, legal representative, etc.) give us so that we can conclude or process contracts with you or with the involvement of you (e.g. references, your address for deliveries, powers of attorney, information on compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners from us to use or provide Services provided by you (e.g. payments made, purchases made), information from media and the Internet about you (insofar as this is indicated in a specific case, e.g. as part of an application, marketing/sales, etc.), your addresses, data related to the use of the website (e.g. IP address) information about your device and settings, cookies, date and time of visit, pages and content retrieved, referring website, location information)
3. Purposes of data processing and legal bases
We use the personal data we collect primarily to conclude and process our contracts with our customers and business partners, in particular as part of product sales and services with our customers and the purchase of product purchases and services from our suppliers and subcontractors, as well as to comply with our legal obligations at home and abroad. If you work for such a customer or business partner, your personal data may of course also be affected in this function. In addition, we process personal data from you and other persons, as far as permitted and appears appropriate to us, also for the following purposes, in which we (and sometimes also third parties) have a legitimate interest in accordance with the purpose:
- Offering and developing our offers, services and websites and other platforms on which we are present;
- communication with third parties and processing their inquiries (e.g. applications);
- Review and optimization of needs analysis procedures for direct customer contact and collection of personal data from publicly available sources for the purpose of customer acquisition;
- advertising and marketing (including holding events), provided that you have not objected to the use of your data (if we send you advertising from us as an existing customer, you can object to this at any time; we will put Siedann on a blacklist against further advertising);
- market and opinion research, media monitoring;
- asserting legal claims and defending in connection with legal disputes and regulatory proceedings;
- prevention and investigation of crimes and other misconduct (e.g. carrying out internal investigations, data analyses to combat fraud);
- guarantees for our operations, in particular IT, our websites and other platforms;
- video surveillance to protect property rights and other measures for IT, building and plant security and protection of our employees and other persons and assets belonging to or entrusted to us (such as access controls, visitor lists, network and mail scanners, telephone recordings);
- Purchase and sale of divisions, companies or parts of companies and other corporate transactions and the associated transfer of personal data as well as measures for business management and to comply with legal and regulatory obligations as well as internal regulations of ElpoChem. If you have given us consent to process your personal data for specific purposes (for example when you register to receive newsletters or carry out a background check), we process your personal data within the scope of and based on this consent, unless we have another legal basis and we need one. A given consent can be withdrawn at any time, but this has no effect on data processing that has already been carried out.
4. Cookies/tracking and other technologies related to the use of our website
We typically use “cookies” and similar technologies on our websites that can identify your browser or device. A cookie is a small file that is sent to your computer or automatically saved on your computer or mobile device by the web browser you use when you visit our website. When you visit this website again, we can recognize you even if we do not know who you are. In addition to cookies that are only used during a session and are deleted after your visit to the website (“session cookies”), cookies can also be used to store user settings and other information over a specific period of time (e.g. two years) (“persistent cookies”). However, you can set your browser so that it rejects cookies, stores them only for one session, or otherwise deletes them prematurely. Most browsers are pre-set so that you accept cookies. We use persistent cookies so that we can better understand how you use our content (which can also happen on websites of other companies; however, they will not know from us who you are, if we even know that, because they only see that their website is the same user who was on a specific page with us). [Some of the cookies are set by us, and some are also set by contractors with whom we work.] If you block cookies, certain functionalities (such as language selection, ordering processes) may no longer work. By using our websites, you agree to the use of these technologies. If you do not want this, you must set your browser or email programs accordingly.
We sometimes use Google Analytics or comparable services on our websites. This is a service provided by third parties that may be located in any country in the world (in the case of Google Analytics, it is Google Ireland (based in Ireland), Google Ireland relies on Google LLC (based in the USA) as an order processor (both “Google”), which allows us to measure and evaluate the use of the website (not personal). Persistent cookies set by the service provider are also used for this purpose. We have configured the service so that the IP addresses of visitors to Google in Europe are abbreviated before an extension to the USA and can therefore not be traced. We have switched off the “Data Transfer” and “Signals” settings. Although we can assume that the information we share with Google is not personal data for Google, it is possible that Google can draw conclusions about the identity of visitors from this data for its own purposes, create personal profiles and link this data to the Google accounts of these people. If you have registered yourself with the service provider, the service provider also knows you. The processing of your personal data by the service provider is then the responsibility of the service provider in accordance with its data protection regulations. The service provider only tells us how our respective website is being used (no information about you personally).
5. Data transfer and data transfer abroad
As part of our business activities and for the purposes set out in Section 3, we also disclose it to third parties, as far as permitted and appears appropriate to us, either because they process them for us or because they want to use them for their own purposes. This concerns in particular the following positions:
- Our service providers within ElpoChem and externally, such as banks and insurance companies, including contract processors (such as trust office, personnel office, tax consultancy, IT provider);
- domestic and foreign authorities, authorities or courts;
- the public, including visitors to websites and social media;
- acquirers or interested in acquiring divisions, companies or other parts of ElpoChem;
- other parties in possible or actual legal proceedings;
- other ElpoChem companies;
all joint recipients;
Some of these recipients are domestically located, but may be anywhere on earth. In particular, you must expect your data to be transferred to all countries in which ElpoChem is represented by companies, branches or other offices as well as to other countries in Europe and the USA where the service providers we use are located (e.g. Microsoft). If a recipient is in a country without adequate legal data protection, we contractually oblige the recipient to comply with applicable data protection (for this purpose, we use the revised standard contractual clauses of the European Commission, this one here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), provided that it is not already subject to a legally recognized set of rules to ensure data protection and we cannot rely on an exemption. An exception may apply, in particular, to legal proceedings abroad, but also in cases of overriding public interests or when the execution of a contract requires such disclosure, if you have given your consent or if it concerns data made generally available by you and which you have not objected to the processing of.
6. Duration of storage of personal data
We process and store your personal data as long as it is necessary to fulfill our contractual
and legal obligations or other purposes for which processing is necessary, i.e.
For example, for the duration of the entire business relationship (from initiation to settlement
until the termination of a contract) and beyond in accordance with the legal storage regulations
and documentation requirements. It is possible that personal data may be stored for a period of time
where claims can be made against our company and to the extent
we are otherwise required to do so by law or legitimate business interests so require
(e.g. for evidence and documentation purposes). As soon as your personal data is for the above
purposes are no longer required, they will be deleted as a matter of principle and as far as possible, or
anonymized. Operational data (e.g. system logs, logs) generally have shorter
Retention periods of twelve months or less.
7. Data security
We take appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse, such as issuing instructions, training, IT and network security solutions, access controls or access restrictions, encryption of data carriers and transmissions, pseudonymization, controls.
8. Obligation to provide personal data
As part of our business relationship, you must provide the personal data that is necessary to enter into and carry out a business relationship and to fulfill the associated contractual obligations (you generally do not have a legal obligation to provide us with data). Without this data, we will generally not be able to conclude or process a contract with you (or the body or person you represent). The website can also not be used if certain information to ensure data traffic (such as IP address) is not disclosed.
9. Profiling and automated decision-making
We do not process personal data with the aim of evaluating certain personal aspects (profiling). We do not use automated decision-making (as regulated in Article 22 GDPR) to establish and carry out the business relationship or otherwise. Should we use such procedures in individual cases, we will inform you separately about this, provided this is required by law, and you about the related
Clarify rights.
10. Rights of the person concerned
Within the framework of data protection law applicable to you and to the extent provided therein, you have
(as in the case of the GDPR) the right to information, correction, deletion, the right to
Restriction of data processing and otherwise That Right to object to our data processing and to surrender certain personal data for transfer to another body
(so-called data portability) .Please note, however, that we reserve the right to do the legally required
to enforce restrictions, such as when we store or process certain
data is required, has an overriding interest in it (insofar as we rely on it
may) or need them to assert claims. If you incur any costs,
we will inform you in advance. About the option to withdraw your consent, we have
already informed in paragraph 3. Note that exercising these rights is in conflict with
may be subject to contractual agreements and consequences such as early termination of the contract
or may have cost consequences. In this case, we will inform you in advance where this is not already the case
is contractually regulated. The exercise of such rights usually requires that you clearly prove your identity
(e.g. by a copy of an identity document, where your identity is otherwise not clear or cannot be verified). Zur
You can assert your rights at the address given in section 1
Contact.Every data subject also has the right to enforce their claims in court or in
file a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner
(http://www.edoeb.admin.ch).
11. Amendments
We can amend this privacy policy at any time without notice. Each of the following applies
current version published on our website. Insofar as the privacy policy is part of a
Agreement is with you, in the event of an update on the change, we will send you via
Email or other appropriate means.
