Data protection

The following data protection policy applies to the use of this website www.hakagerodur.ch (“Website”) and the services offered through it. Below, we provide information about the nature, scope and purpose of the processing of personal data when using our Website. Personal data includes any data that relates to or can be attributed to you personally, such as your name, address, e-mail address and user behaviour.

We process personal data in accordance with Swiss data protection legislation, in particular the Swiss Federal Act on Data Protection (FADP) and the Ordinance to the Federal Act on Data Protection (DPO). If and to the extent that the General Data Protection Regulation (GDPR) is applicable, the relevant legal basis and the rights of data subjects are set out below.

We encourage you to review the content of our data protection policy on a regular basis. We will adapt the data protection policy as soon as changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or any other individual notification.

The operator of this Website and the data controller responsible for the processing of your personal data via this Website is HakaGerodur AG, Mooswiesstrasse 67, CH-9201 Gossau SG, Switzerland, 51e30f8932e53ebd36206c8cb6

You can reach our data protection officer at sekretariat@hakagerodur.ch or at the postal address mentioned in Section 2. Please also add: Attn. “Data Protection Officer”.

As with all websites, the provider of our Website automatically and temporarily collects information transmitted by the browser in server log files, unless you have deactivated this function. When you visit our Website, the following technically necessary data is collected in order to display our Website and ensure its stability and security:

• IP address of the computer making the request
• File request from the client
• HTTP response code
• Referrer URL (the website from which you are visiting us)
• Time of the server request
• Browser type and version
• Operating system of the requesting computer

This server log file data is not evaluated on a personal basis. If the aforementioned information contains personal data (in particular the IP address), the collection is based on our overriding interest (Art. 31(1) FADP or, if the General Data Protection Regulation is applicable, Art. 6(1)(f) GDPR). Our legitimate and overriding interest is to ensure the proper functioning of our Website. If you require further information on the balancing of interests to be carried out (Art. 31(1) FADP or, if the General Data Protection Regulation is applicable, Art. 6(1)(f) GDPR), please contact us using the contact details provided in section 2.

This Website uses the technologies and tools described below. If you do not wish to use them, we provide various options and settings for each tool to prevent their use.

This Website uses Google Analytics, a web analytics service provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; “Google”). This includes the use of “universal analytics”, which allows data, sessions and interactions across multiple devices to be associated with a pseudonymous user ID to enable the analysis of user activity across devices. Google Analytics uses “cookies”, which are text files saved on your computer, to help the Website analyse how users use the site.

The information generated by the cookie about your use of this Website is usually transmitted to and stored by Google on servers in the United States. However, since IP anonymisation is activated on this website, your IP address will be shortened by Google within the Member States of the European Union or in other states that are party to the Agreement on the European Economic Area before being transmitted. Only in exceptional cases will the full IP address be transmitted to a Google server in the United States where it will be shortened. The IP address transmitted by your browser as part of Google Analytics is not combined with other data held by Google. Google will use this information on behalf of the Website operator to evaluate your use of the Website, to compile reports on Website activities and to provide other services associated with Website usage and internet usage to the Website operator.

You may refuse the placement of cookies by selecting the appropriate settings in your browser. However, please note that if you do this, you may not be able to use all the features of this Website to their full extent. You may also prevent the data generated by the cookie and related to your use of the Website (including your IP address) from being sent to Google and the processing of this data by Google by downloading and installing a browser add-on (at https:/​­​­/​­​­tools.google.com/​­​­dlpage/​­​gaoptout?hl=de). Opt-out cookies prevent your data from being collected in the future when you visit this Website. To prevent collection by Universal Analytics across multiple devices, you must opt out on all systems you use.

The use of Google Analytics is based on our overriding legitimate interest in the proper functioning, statistical analysis and effective advertising of our Website. If the General Data Protection Regulation (GDPR) is applicable, the legal basis is Art. 6(1)(f) GDPR.

In addition to the cookies mentioned above, this Website also uses other cookies. Cookies are small text files that are stored locally in the cache of your browser. We use the following cookies exclusively to ensure the execution or provision of the service you are using in accordance with Art. 31(1) FADP or, if the General Data Protection Regulation is applicable, Art. 6(1)(f) GDPR. Our legitimate interest in data processing is to optimise the Website settings for the device you are using and to adapt the user interfaces. If you require further information on the balancing of interests to be carried out in accordance with Art. 31(1) FADP or, if the General Data Protection Regulation is applicable, Art. 6(1)(f) GDPR, please contact us using the contact details provided above. The following types of cookies, whose scope and function are explained below, are used on this Website:

• Temporary cookies (see 4.12.2)
• Persistent cookies (see 4.12.3)

Temporary cookies are automatically erased when you close your browser. These include session cookies in particular, which store a session ID that can be used to associate different requests from your browser with the shared session. This allows your computer to be recognised when you return to our Website. Session cookies are erased when you log out or close your browser.

Persistent cookies are automatically erased after a set period of time, which may vary depending on the cookie. You can use the security settings in your browser to erase cookies at any time.

You can configure your browser settings according to your preferences, for example, to reject third-party cookies or all cookies. However, please note that if you do so, you may not be able to use the full functionality of this website.

Our Website gives you the opportunity to voluntarily submit information about yourself. We use this information, including personal details, for the following purposes:

We also use your data as described in this data protection policy for promotional purposes, in particular for sending post or e-mail newsletters, customer surveys or contacting you by text message, e-mail or phone.

The legal basis for this is our overriding legitimate interest pursuant to Art. 31(1) FADP or, if the General Data Protection Regulation is applicable, Art. 6(1)(f) GDPR in providing relevant promotional activities for you. If you require further information on the balancing of interests to be carried out in accordance with Art. 31(1) FADP or, if the General Data Protection Regulation is applicable, Art. 6(1)(f) GDPR, please contact us using the contact details provided above. You may object to the use of your data for promotional purposes at any time. Details of your right to object can be found under this data protection policy.

Where local laws in individual countries require us to obtain your prior consent for the aforementioned promotional activities, we will do so accordingly. The legal basis for processing your data in such cases is your consent (Art. 31(1) FADP or, if the General Data Protection Regulation is applicable, Art. 6(1)(a) GDPR). You may withdraw your consent at any time. Please contact us using the contact details above or follow the instructions in our promotional communications. Withdrawal of consent does not affect the lawfulness of processing based on consent prior to its withdrawal. You are not required to provide us with your data for promotional purposes. However, we will not be able to send you any promotions without this information.

In general, your personal data will only be disclosed without your prior express consent in the following cases:

FOR LEGAL PURPOSES‎
If your data is necessary to investigate unlawful use of our services or for law enforcement purposes, personal data will be disclosed to law enforcement authorities and, if necessary, to affected third parties. This will happen only if there is specific evidence of illegal or abusive conduct. Disclosure may also be made to enforce our terms and conditions or other agreements. We are also required by law to provide information to certain government authorities upon request. These are law enforcement authorities, authorities prosecuting criminal offences and tax authorities.

The disclosure of this data is based on our overriding legitimate interest in combating abuse, prosecuting crimes, and securing, asserting and enforcing claims, Art. 31 (1) FADP or, if the General Data Protection Regulation is applicable, Art. 6(1)(f) GDPR. If you require further information on the balancing of interests to be carried out, please contact us using the contact details above.

DATA PROCESSORS AND DATA TRANSMISSION WITHIN THE HAKAGERODUR GROUP‎
To provide our services, we rely on contractually affiliated external companies and external service providers (“Data Processors”). In such cases, personal data will be transferred to these Data Processors for further processing. We carefully select and regularly review our Data Processors. Data Processors may use the data only for the purposes specified by us and are contractually bound to treat your data only in accordance with this data protection policy and applicable data protection laws.

Specifically, we use the following categories of data processors:

• Logistics service providers for the purpose of sending products you have ordered from us, marketing materials or other items to you
• Payment service providers to process any payments you make to us or vice versa
• Service providers for assembly work or after-sales services
• IT service providers to provide software and hardware and to carry out maintenance work

Personal data is also transferred to other companies within the HakaGerodur Group for the purpose of central customer administration and order processing.

The disclosure of data to Data Processors is based on Art. 9 FADP or, if the General Data Protection Regulation is applicable, Art. 28(1) GDPR, alternatively, on the basis of our overriding legitimate interest in the economic and technical advantages associated with the use of specialised Data Processors and the fact that your rights and interests in the protection of your personal data do not outweigh our interest, Art. 31(1) FADP or, if the General Data Protection Regulation is applicable, Art. 6(1)(f) GDPR. If you require further information on the balancing of interests to be carried out, please contact us using the contact details above.

You have the rights described below in relation to your personal data that is processed by us. To exercise your rights, please send your written request to us using the contact details provided above or the following email address: 51e30f8932e53ebd36206c8cb6

Please note that we reserve the right to invoke legal restrictions if necessary, for example, if we are obliged to retain or process certain data, if we have an overriding interest (to the extent that we are entitled to invoke it), or if we need the data to assert claims.

RIGHT TO INFORMATION

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You have the right to request at any time information about the personal data processed by us under Art. 25 FADP or, if the General Data Protection Regulation is applicable, Art. 15 GDPR.

RIGHT TO RECTIFICATION OR ERASURE
You have the right, under the conditions set out in Art. 32 FADP or, where the General Data Protection Regulation is applicable, Art. 17 GDPR to request the erasure of personal data concerning you.

The conditions under Art. 17 GDPR include the right to erasure when the personal data is no longer necessary for the purposes for which it was collected or otherwise processed. In particular, the exercise of this right is limited under Art. 17(3) GDPR if we need your data to fulfil a legal obligation or for the assertion of legal claims.

RIGHT TO DATA PORTABILITY
Under the conditions set out in Art. 28 FADP or, if the General Data Protection Regulation is applicable, Art. 20 GDPR, you have the right to request the handover of certain personal data in a commonly used electronic format.

RIGHT TO RESTRICTION OF PROCESSING

You have the right to request the restriction of processing in accordance with Art. 32 FADP or, if the General Data Protection Regulation is applicable, Art. 18 GDPR.

This right exists in particular under Art. 18 GDPR if the accuracy of the personal data is disputed between you and us for the period necessary to verify the accuracy of the data, if you request restricted processing instead of erasure in the case of an existing right to erasure, if the data is no longer necessary for the purposes pursued by us but you require it for the establishment, exercise or defence of legal claims, or if the successful exercise of an objection is still disputed between you and us. If the processing of your data is restricted, such data may be processed only in exceptional cases, for example, with your consent or for the assertion of legal claims.

RIGHT TO OBJECT TO PROCESSING‎
If the General Data Protection Regulation is applicable, you also have the right to object in accordance with Art. 21 GDPR at any time, on grounds relating to your particular situation, to the processing of personal data concerning you that is carried out on the basis of, inter alia, Art. 6(1)(e) or (f) GDPR. We will stop processing your personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or the processing is necessary for the establishment, exercise or defence of legal claims.

RIGHT TO DATA TRANSFERABILITY

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You have the right to receive from us the personal data concerning you that you have provided to us in a structured, common, machine-readable format in accordance with Art. 20 DS-GVO. Among other things, this requires that the data processing is based on your consent and that it is carried out with the help of automated processes.

RIGHT TO COMPLAIN TO THE COMPETENT DATA PROTECTION AUTHORITY‎‎‎‎
You have the right to lodge a complaint with a competent supervisory authority. The data protection supervisory authority in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC), Feldeggweg 1, CH – 3003 Bern, Switzerland.

As a general rule, we will erase or anonymise your personal data as soon as it is no longer necessary for the purposes for which it was collected or used in accordance with the provisions set out above. If data must be retained for legal reasons, it will be blocked and no longer available for further use. If you require further information about our erasure and retention periods, please contact the controller identified in Section 2 using the contact details provided.

Processing of your personal data for purposes other than those described will take place only to the extent permitted by law or if you have consented to the changed purpose of data processing. In the event of further processing for purposes other than those for which the data was originally collected, we will notify you of these other purposes and provide you with all relevant information prior to further processing.

We do not make decisions based solely on automated processing and do not conduct profiling.