Data protection policy

 

1 Introduction

Wascosa AG offers various contact methods on its website www.wascosa.ch hereinafter ‘website’ through which personal data is collected.

Protection of your data is very important to us. We have therefore created this policy to explain how we handle your personal information.

We use transport encryption (SSL/TLS) when sending data from our website.
 

2 Applicable law

Our website is subject to the Swiss Federal Act on Data Protection (FADP) and any applicable foreign data protection law. This includes the European Union’s (EU) General Data Protection Regulation (GDPR). The EU recognises that Switzerland guarantees adequate data protection.
 

3 Which data we use and why

3.1 Hosting 

The hosting services we use provide the following services: infrastructure and platform services, computing capacity, storage and database services, security services and technical maintenance services, which we use in order to operate the website.

In the course of this, we or our hosting provider process existing data, contact data, content data, contract data, usage data, meta and communication data of customers, prospective customers and visitors to this website on the basis of our justified interest in an efficient and secure provision of our website according to the Swiss Federal Act on Data Protection (FADP) and, where applicable, Art. 6 para. 1(f) GDPR in combination with Art. 28 GDPR.

3.2 Access data

We collect information about you when you use this website. We automatically collect information about your usage and interaction with us, and register data about your computer or mobile device. We collect, store and use data about every access to our website (server log files). Access data includes:
 
  1. Name and URL of the file retrieved
  2. Date and time of retrieval
  3. Quantity of data transferred
  4. Report of successful retrieval (HTTP response code)
  5. Browser type and version
  6. Operating system
  7. Referrer URL (the page you visited before our website)
  8. Websites opened by a user’s system via our website
  9. User’s internet service provider
  10. IP address and the requesting provider
We use this log data, without linking it to your person or other profiling, for statistical analysis in order to operate, secure and optimise our website, and also to record anonymously the number of visitors to our website (traffic), the scope and type of use of our website and services, for billing purposes and to measure the number of clicks received by our cooperation partners. Based on this information, we can provide personalised, location-specific content and analyse data traffic, search for and correct errors and improve our services.

Therein lies our legitimate interest according to the Swiss Federal Act on Data Protection (FADP) and, where applicable, Art 6 para. 1(f) GDPR.

We reserve the right to subsequently review log data when there are specific indications to legitimately suspect illegal use. We store IP addresses in log files for a limited period of time when this is required for security purposes, such as when one of our offers is used. We also store IP addresses when we have a specific suspicion of an offence in connection with the use of our website. In addition, we store the date of your last visit as part of your account (such as when you register, log in, click links, etc.).

3.3 Cookies 

We use session cookies to optimise our website. A session cookie is a small text file sent by a server when you visit a website and stored temporarily on your hard drive. This file contains a session ID, which can assign the various requests of your browser to the joint session. This allows the server to recognise your computer the next time you visit our website. This cookies are deleted after you close your browser. They enable you, for example, to use the shopping basket function across multiple pages.

We also use persistent cookies (small text files stored on your device) to a limited extent; they remain on your device and enable us to recognise your browser the next time you visit. These cookies are stored on your hard drive and delete themselves after a set period of time. Their lifespan is between one month and 10 years. This enables us to present our offer in a more user-friendly, effective and secure way, and to display information tailored to your interests.

Our legitimate interest in the use of cookies according to the Swiss Federal Act on Data Protection (FADP) and, where applicable, Art 6 para. 1(f) GDPR lies in making our website more user-friendly, effective and secure.

The following data and information is stored in the cookies, for example:

  • Login information
  • Language settings
  • Search terms entered
  • Information about the number of visits to our website and the use of individual functions on our website.
When a cookie is activated, it is assigned an identification number, but your personal data is not assigned to this identification number. Your name, IP address and similar data that would allow the cookie to be associated with you is not included in the cookie. On the basis of cookie technology, we receive only pseudonymised information, such as information about which pages were visited, which products were viewed, etc.

You can set your browser to inform you of cookies in advance and allow you to decide on a case-by-case basis whether you want to accept cookies in specific cases or generally reject them or block them completely. This may restrict website functionality.

3.4 Data for fulfilment of our contractual obligations

We process personal data that we require to fulfil our contractual obligations, such as names, addresses, email addresses, products ordered, invoice data and payment data. Collection of this data is required for conclusion of contracts.

This data is deleted after warranty periods and statutory record retention periods expire. Data connected to a user account (see below) is retained for the life of the account in all cases.

The legal basis for processing this data is the Swiss Federal Act on Data Protection (FADP) and, where applicable, Art. 6 para. 1(b) GDPR, since we need this data to fulfil our contractual obligations to you.

3.5 User account

You can use our website to log in to various user accounts. When you log in, we require your company name, your email address or username, and the password you have chosen.

When you register a new account, we collect master data (such as your name and address), communication data (such as your email address), payment data (bank details) and access data (username and password).

To ensure orderly registration and prevent unauthorised registration by third parties, you will receive an activation link by email after registration in order to activate your account. We do not store the data you transfer to us in our system permanently until the registration process is complete.

A user account created by you can be deleted by us at any time and at no charge other than the transmission costs in the basic tariffs. A written notification sent to the contact points given in section one (via email, fax or letter) will suffice. We will then delete your stored personal data insofar as we do not need to store it to process an order or due to statutory record retention periods.

The legal basis for processing this data is your consent according to the Swiss Federal Act on Data Protection (FADP) and, where applicable, Art. 6 para. 1(a) GDPR.

3.6 Newsletter (infoletter)

Our website offers you the option to subscribe to our company newsletter. Which personal data is transmitted to be processed by those responsible for the newsletter when you subscribe depends on the subscription form you fill out.

The newsletter is a means by which we regularly inform our customers and business partners of company offers. Our company newsletter can generally be received by a person only if (1) they have a valid email address and (2) they register to receive the newsletter. For legal reasons, a confirmation email will be sent to the email address given by the person concerned when they first subscribe to the newsletter (double opt-in). This confirmation email serves to verify whether the owner of the email address, as the data subject, is authorised to receive the newsletter.

In addition, we store the IP address assigned by the internet service provider (ISP) to the computer system used by the person concerned when they subscribe to the newsletter and the date and time of their subscription. This data must be collected in order to enable us to trace (possible) misuse of a data subject’s email address at a later point in time, and so it serves to provide legal protection to those responsible for the data processing.

The personal data collected when a person subscribes to the newsletter is used for the sole purpose of delivery of the newsletter. In addition, subscribers may be notified by email if this is necessary to operate the newsletter service or if registration is required, as may be the case in the event of changes to the newsletter offer or changes in technical circumstances. Personal data collected in the context of the newsletter service will not be passed on to third parties. A subscriber can cancel their subscription to our newsletter at any time. A subscriber can also withdraw their consent to our storage of their personal data for delivery of the newsletter, at any time. Each newsletter contains a link that can be used to withdraw that consent. In addition, the subscriber has the option to unsubscribe from the newsletter on the data processor’s website or notify the data processor of this decision by other means.

Our website uses MailChimp to deliver newsletters. The provider is Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, US. MailChimp is a service that enables us to organise and analyse newsletter delivery. The data you enter to receive the newsletter (such as your email address) is stored on MailChimp’s servers in the US.

MailChimp is certified under the Swiss-US Privacy Shield and the EU-US Privacy Shield. The Privacy Shield is an agreement between Switzerland/European Union (EU) and the US that is intended to ensure compliance with Swiss and European data protection standards in the US.

MailChimp helps us analyse our newsletter campaigns. When you open an email sent with MailChimp, a file (called a web beacon) in that email connects to MailChimp’s servers in the US. This enables the service to determine that a newsletter message was opened and which links in the message were clicked (if any). Technical information is also collected (such as time opened, IP address, browser type and operating system). This information cannot be associated with individual newsletter recipients. Its sole purpose is for statistical analyses of newsletter campaigns. The results of these analyses can be used to better align future newsletters with subscribers’ interests.

Data processing takes place based on your consent (FADP) and, where applicable, Art. 6 para. 1(a) GDPR. You can withdraw your consent at any time with future effect by unsubscribing from the newsletter. The legality of data processing that has already taken place will not be affected when you withdraw your consent.
The data about you that we store in order to send you the newsletter will be stored until you remove yourself from the newsletter mailing list; it will be deleted from our servers and MailChimp’s servers after you unsubscribe from the newsletter. Data that we store for other purposes will not be affected.

For more information, see MailChimp’s data protection terms: https://mailchimp.com/legal/terms/.

We have entered into a Data Processing Agreement with MailChimp in which we require MailChimp to protect our customers’ data and not pass it on to third parties. You can view this agreement here:
https://mailchimp.com/legal/forms/data-processing-agreement/sample-agreement/.
 

3.7 Product recommendations and offers

Independently of the newsletter, we will send you other offers via email at irregular intervals. We send you information about products and services in our offer in which you might be interested based on your recent purchases of our services. We always do this in strict compliance with statutory requirements. You may object to this at any time, and at no charge other than the transmission costs in the basic tariffs. A written notification sent to the contact points given in section one (via email, fax or letter) will suffice. Of course every email will have an unsubscribe link too.

The legal basis for this is the statutory allowance according to the Swiss Federal Act on Data Protection (FADP) and, where applicable, as per Art. 6 para. 1(f) GDPR in conjunction with Art. 7 para. 3 UWG.

3.8 E-Mail contact

If you contact us (using a contact form or via email, for example), we process your details in order to handle your request and in the event that you have subsequent questions.

If we process this data to take precontractual measures at your request or, if you are already our customer, to fulfil a contract, the legal basis for this data processing is Art. 6 para. 1(b) GDPR.

We process additional personal data only if you give your consent (Art. 6 para. 1(a) GDPR) or if we have a legitimate interest in processing your data (Art. 6 para. 1(f) GDPR). A legitimate interest exists, for example, in replying to your email.
 

4 Google Analytics

We use Google Analytics, a web analytics service from Google Inc. (‘Google’). Google Analytics uses cookies; these are text files stored on your computer and which enable an analysis of your use of the website. The information that the cookie generates about the use of this website by site visitors is usually transferred to a Google server in the US, where it is stored.

Therein lies our legitimate interest according to the Swiss Federal Act on Data Protection (FADP) and, where applicable, Art 6 para. 1(f) GDPR.

Google has made itself subject to the Privacy Shield agreed between the European Union and the US, and received certification. This means Google agrees to comply with the standards and requirements of European data protection law. You can find more information at the following link:
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

We have enabled IP anonymisation on this website (anonymizeIp). This means Google first shortens your IP address within member states of the European Union and in other states that are party to the Agreement on the European Economic Area. Only in exceptional cases will your full IP address be transferred to a Google server in the US and shortened there. Google will use this information on our behalf to analyse your use of the website, to compile reports on website activities and to provide us with other services associated with website and internet use.

Google does not link the IP address transferred by your browser within the scope of Google Analytics to other data held by Google. You can prevent storage of cookies by changing the corresponding setting in your browser. However, please note that in such an event you may not be able to use all the functions on this website to their full extent.

In addition, you can prevent transfer of data created by the cookie and related to your use of the website (including your IP address) to Google by downloading and installing the browser plug-in available at the link below:
http://tools.google.com/dlpage/gaoptout?hl=en.

As an alternative to the browser plug-in or for browsers on mobile devices, click the following link to set an opt-out cookie that will prevent Google Analytics from collecting your data on this website in future. (This opt-out cookie works only in this browser and only for this domain. If you delete the cookies in your browser, you must click this link again.)
[Disable Google Analytics]
 

5 Google Maps

Our website employs an API (programming interface) that uses Google Maps. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

To use the functions of Google Maps, it is necessary to save your IP address. The information is usually transferred to a Google server in the US, where it is stored. The operator of this website has no further control over this data transmission.

Google Maps is used in the interest of providing an appealing presentation of our online offerings and making it easy to find the locations presented on our website. This constitutes a legitimate interest under Art. 6 (1f) GDPR.

More information about Google’s privacy policy can be found at the following link: https://policies.google.com/privacy?hl=policies
 

6 Storage period

Unless specified otherwise, we store personal data only for as long as we need it to fulfil our intended purposes.

In some cases, the law requires that we retain personal data; for example, for the purpose of tax or commercial law. In such cases we continue to store data only for these legal purposes; we do not process it in any other way, and we delete it after the statutory retention period expires.

 

7  Your rights as a subject of data processing

Applicable laws give you various rights related to your personal data. If you wish to establish these rights, send your request to us via email or post and include clear identification of your person.

You can find an overview of your rights below.

7.1 Right to obtain confirmation and right of access

You have the right to access an overview of the processing of your personal data.

Specifically:

You have the right to obtain confirmation from us as to whether or not personal data concerning you is being processed. Where that is the case, you have the right of access to the personal data stored and the right to request a copy of this data. In addition, you have the right to the following information:

 
  1. the purpose of the processing;
  2. the categories of personal data concerned;
  3. the recipients or categories of recipient to whom the personal data has been or will be disclosed; in particular, recipients in third countries or international organisations;
  4. where possible, the envisaged period for which the personal data will be stored, or if not possible the criteria used to determine that period;
  5. the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing;
  6. the right to lodge a complaint with a supervisory authority;
  7. where the personal data has not been not collected from you, all available information as to its source;
  8. the existence of automated decision-making, including profiling, referred to in Art. 22 para. 1 and 4 GDPR and – at least in those cases – meaningful information about the logic involved, and the implications and intended effects of such processing for you.
Where personal data is transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards according to the Swiss Federal Act on Data Protection (FADP) and, where applicable under Art. 46 GDPR in connection with the transfer. 

7.2 Right to rectification

You have the right to demand from us the immediate rectification of inaccurate personal data. Taking into account the purposes of the processing, you have the right to request completion of incomplete personal data, including by means of a supplementary statement.

7.3 Right to erasure (‘right to be forgotten’)

We are required to erase personal data concerning you in a number of cases. Specifically:

According to the Swiss Federal Act on Data Protection (FADP) and, where applicable according to Art. 17 para. 1 GDPR, you have the right to obtain from us the erasure of personal data without undue delay, and we are obliged to erase personal data immediately if one of the following reasons applies:

 
  1. The personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
  2. You withdraw consent on which the processing is based according to the Swiss Federal Act on Data Protection (FADP) and, where applicable according to Art. 6 para. 1(a) GDPR, or Art. 9 para. 2(a) GDPR, and where there is no other legal ground for the processing.
  3. You object to the processing pursuant according to the Swiss Federal Act on Data Protection (FADP) and, where applicable to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 para. 2 GDPR.
  4. The personal data has been unlawfully processed.
  5. The erasure of personal data is required in order to comply with a legal obligation under EU or member state law to which we are subject.
  6. The personal data was collected in relation to the offer of information society services referred to in Art. 8 para. 1 GDPR.
Where we have made the personal data public and we are obliged according to the Swiss Federal Act on Data Protection (FADP) and, where applicable under Art. 17 para. 1 GDPR to erase the personal data, taking into account available technology and the cost of implementation, we shall take reasonable steps, including technical measures, to inform the controllers responsible for the personal data that you have requested the erasure by such controllers of any links to, or copies or replication of such personal data.

7.4 Right to restriction of processing

You are entitled to request that we restrict the processing of your personal data in a number of cases.

Specifically:

You have the right to obtain from us restriction of processing where one of the following applies:

  1. the accuracy of the personal data is contested by you for a period of time that enables us to verify the accuracy of the personal data;
  2. the processing is unlawful and you opposed the erasure of the personal data and have requested the restriction of its use instead;
  3. we no longer need the personal data for the purposes of the processing, but it is required by you for the establishment, exercise or defence of legal claims; or you have objected to processing pursuant to the Swiss Federal Act on Data Protection (FADP) and, where applicable Art. 21 para. 1 GDPR pending verification of whether the legitimate grounds of our company prevail.

7.5 Right to data portability

You have the right to receive, transmit or have us transmit the personal data concerning you in a machine-readable format.

Specifically:

You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit this data to another controller without hindrance from us, where:
  1. the processing is based on consent pursuant to the Swiss Federal Act on Data Protection (FADP) and, where applicable Art. 6 para. 1(a) GDPR or Art. 9 para. 2 GDPR or on a contract pursuant to Art. 6 para. 1(b) GDPR; and a)
  2. the processing is carried out by automated means.

In exercising your right to data portability pursuant to para. 1, you have the right to request that the personal data is transmitted directly by us to another controller, where technically feasible.

7.6 Right to object

You have the right to object to a lawful processing of your personal data if this is based on your particular situation and our interests in processing do not prevail.

Specifically:

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you based on the Swiss Federal Act on Data Protection (FADP) and, where applicable Art. 6 para. 1(e) or (f) GDPR, including profiling based on those provisions. We shall no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.


Where personal data is processed by us for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

Where personal data is processed for scientific or historical research purposes or statistical purposes pursuant to the Swiss Federal Act on Data Protection (FADP) and, where applicable Art. 89 para. 1 GDPR, on grounds relating to your particular situation, you have the right to object to processing of personal data concerning you, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

7.7 Automated decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly affects you significantly. No automated decision-making takes place on the basis of collected personal data.

7.8 Right of withdrawal of consent relating to data protection

You have the right to withdraw your consent to processing of personal data at any time.

7.9 Right to lodge a complaint with a supervisory authority

You have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, place of work or place of the alleged infringement, if you consider that the processing of personal data relating to you is illegal.
 

8 Data security

We make every effort to ensure the security of your data within the scope of applicable data protection laws and technical capabilities.

We encrypt your personal data when transmitting it. This applies to your orders and your customer login. We use the SSL (secure socket layer) coding system, but note that data transmissions on the internet (such as communication via email) may have security holes. It is impossible to protect data completely against third party access.

We take technical and organisational security measures to protect your data according to the Swiss Federal Act on Data Protection (FADP) and, where applicable  Art. 32 GDPR, and we always adapt to current technology.


In addition, we do not guarantee that our offer will be available at certain times; errors, interruptions and outages cannot be ruled out. The servers we use are backed up carefully at regular intervals.
 

9 Transfer of data to third parties, no transfer of data to countries outside the EU

As a rule, we use your personal data only within our company.

If and when we use third parties to fulfil contracts (such as logistics providers), they receive personal data only to the extent needed for the service they provide.

In the event that we outsource certain parts of data processing, we contractually obligate processors to ensure that they use personal data in compliance with the requirements of data processing laws and guarantee protection of the rights of the person concerned.

No transfer of data to locations or persons outside the EU takes place or is planned, apart from the case given in section four of this policy.
 

10 Controller

The controller within the meaning of the law is:

Wascosa AG
Werftestrasse 4
6005 Lucerne
Tel. +41 42 7272 67 67
info@wascosa.ch