Data Protection Statement of Schoeller Textil AG
Version effective as of 1.3.2019
With this Data Protection Statement we, the SCHOELLER TEXTIL AG ( Schoeller Textil AG, Schoeller Technologies AG, Eschler Textil GmbH) hereinafter SCHOELLER TEXTIL AG, we or us, 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 pos-sible that other data protection statements or General Terms and Conditions, Conditions of Participation or similar documents are applicable to specific circumstances. The term "per-sonal 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 col-leagues), 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
The "controller" of data processing as described in this data protection statement is SCHOELLER TEXTIL AG, unless we have informed you differently in certain cases. You can notify us of any data protection related concerns, using the following contact details
Schoeller Textil AG / Bahnhofstrasse 17 / CH- 9475 Sevelen / firstname.lastname@example.org
The representative of Eschler Textil GmbH in the EEA according to art. 27 GDPR is:
2. Collection and Processing of Personal Data
We primarily process personal data that we obtain from our clients and other business part-ners as well as other individuals in the context of our business relationships with them or that we collect from users when operating our websites, apps and other applications.
Insofar as it is permitted to us, we obtain certain personal data from publicly accessible sources (e.g., debt registers, land registries, commercial registers, press, internet) or we may receive such information from affiliated companies of SCHOELLER TEXTIL AG, from author-ities or other third parties (such as e.g.credit rating agencies). Apart from data you provided to us directly, the categories of data we receive about you from third parties include, but are not limited to, information from public registers, data received in connection with administra-tive or court proceedings, information in connection with your professional role and activities (e.g., in order to conclude and carry out contracts with your employer), information about you in correspondence and discussions with third parties, credit rating information (if we conduct business activities with you personally), information about you given to us by indi-viduals associated with you (family, consultants, legal representatives, etc.) in order to con-clude or process contracts with you or with your involvement (e.g. references, your delivery-address, powers of attorney), information regarding legal regulations such as anti-money laundering and export restrictions, bank details, information regarding insurances, our dis-tributors and other business partners for the purpose of ordering or delivering services to you or by you (e.g., payments made, previous purchases), information about you found in the media or internet (insofar as indicated in the specific case, e.g. in connection with job applications, media reviews, marketing/sales, etc.), your address and any interests and oth-er socio-demographic data (for marketing purposes), data in connection with your use of our websites (e.g., IP address, MAC address of your smartphone or computers, information re-garding your device and settings, cookies, date and time of your visit, sites and content retrieved, applications used, referring website, localization data).
We primarily use collected data in order to conclude and process contracts with our clients and business partners, in particular in connection with selling of textiles and technologies] to our clients and the procurement of products and services from our suppliers and subcon-tractors, 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 or, as the case may be, any third parties' legitimate interest, such as:
- providing and developing our products, services and websites, apps and other platforms, on which we are active;
- communication with third parties and processing of their requests (e.g., job applications, media inquiries);
- review and optimization 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);
- market and opinion research, media surveillance;
- 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 websites, apps and other appliances;
- video surveillance to protect our domiciliary rights and other measures to ensure the safety of our premises and facilities as well as protection of our employees and other individuals and assets owner by or entrusted to us (such as e.g. access controls, visitor logs, network and mail scanners, telephone recordings);
- acquisition and sale of business divisions, companies or parts of companies and other corporate transactions and the transfer of personal data related thereto as well as measures for business management and compliance with legal and regulatory obligations as well as internal regulations of SCHOELLER TEXTIL AG.
If you have given us your consent to process your personal data for certain purposes (for example with using the contact form 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
By using our websites, apps and consenting to the receipt of newsletters and other market-ing e-mails you agree to our use of such techniques. If you object, you must configure your browser or e-mail program accordingly or uninstall the app, should the respective setting not be available.
We may use Google Analytics or similar services on our website. These are services provid-ed 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 re-ceive (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 in-formation 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, Twitter, Youtube, Google+, 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 or by starting films), 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 per-sonal 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 respec-tive operator.
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 per-mitted 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 con-cerned:
- our service providers (within SCHOELLER TEXTIL AG or externally, such as e.g. banks, insurances), including processors (such as e.g. IT providers);
- dealers, suppliers, subcontractors and other business partners;
- domestic and foreign authorities or courts;
- the media;
- the public, including users of our websites and social media;
- competitors, industry organizations, associations, organizations and other bodies;
- other parties in possible or pending legal proceedings;
- affiliates of the SCHOELLER TEXTIL AG group;
Certain Recipients may be within Switzerland but they may be located in any country world-wide. In particular, you must anticipate your data to be transmitted to any country in which SCHOELLER TEXTIL AG is represented by affiliates, branches or other offices (see contact area webpage) as well as to other countries in Europe and the USA where our service pro-viders 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 Com-mission, 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 enforce-ment 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 Sec-tion 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, training, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, pseudonymisation, inspections.
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 do not use automatic decision-making or profiling.
10. Subscription of our newsletter via Newsletter2Go - newsletter system
If you would like to receive the newsletter offered by ESCHLER TEXTIL GmbH, we require an e-mail address from you as well as information which allows us to check that you are the owner of the e-mail address and agree to receive the newsletter.
We use the so-called double opt-in procedure to ensure that the newsletter is sent in an agreed manner. In the course of this procedure, the potential recipient can be added to a mailing list. The user then receives a confirmation e-mail to confirm the registration in a legally secure manner. Only if the confirmation takes place, the address is taken up actively in the distributor.
We use these data exclusively for the dispatch of the requested information and offers.
Newsletter2Go is used as newsletter software. Your data will be transmitted to Sendinblue GmbH. Sendinblue GmbH is prohibited from selling your data and from using it for purposes other than sending newsletters. Sendinblue GmbH is a german, certified supplier, which was selected after the requirements of the GDPR and the Federal Law for Data Protection.
Further information can be found here: https://www.newsletter2go.co.uk/information-for-newsletter-recipients/
You can revoke your consent to the storage of data, e-mail address and their use to send the newsletter at any time, for example via the "Unsubscribe" link in the newsletter. The data protection measures are always subject to technical updates. For this reason, we ask you to inform yourself about our data protection measures at regular intervals by inspecting our data protection declaration.
11. 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 au-thority of Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
12. 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.
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