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Privacy Policy

We are very pleased about your interest in our company. Data protection has a particularly high priority for the management of the Arthur Waser Group. Use of the Arthur Waser Group’s websites is generally possible without providing any personal data. However, if a data subject wishes to make use of special services offered by our company via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the data subject’s consent.

The processing of personal data, such as a data subject’s name, address, email address or telephone number, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection provisions applicable to the Arthur Waser Group. By means of this privacy policy, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, this privacy policy informs data subjects of the rights to which they are entitled.

As the controller responsible for processing, the Arthur Waser Group has implemented numerous technical and organisational measures to ensure the most complete protection possible of personal data processed via this website. Nevertheless, internet-based data transmissions may generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, for example by telephone.

1. Definitions The privacy policy of the Arthur Waser Group is based on the terminology used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

In this privacy policy we use, among others, the following terms:

  • a) Personal data
    Personal data are any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person is considered identifiable if they can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more characteristics that express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  • b) Data subject
    A data subject is any identified or identifiable natural person whose personal data are processed by the controller.
  • c) Processing
    Processing is any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  • d) Restriction of processing
    Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
  • e) Profiling
    Profiling is any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
  • f) Pseudonymisation
    Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures that ensure that the personal data are not assigned to an identified or identifiable natural person.
  • g) Controller or controller responsible for processing
    The controller or controller responsible for processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for its designation may be provided for by Union law or the law of the Member States.
  • h) Processor
    A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
  • i) Recipient
    A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union law or the law of the Member States shall not be regarded as recipients.
  • j) Third party
    A third party is a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or processor, are authorised to process personal data.
  • k) Consent
    Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which the data subject, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to them.

2. Name and address of the controller responsible for processing The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data-protection nature is:

Arthur Waser Group
Bellerivehöhe 9
6006 Lucerne / Switzerland

Tel.: +41 41 375 80 80
E-mail: info@arthur-waser.ch
Website: https://www.arthur-waser-gruppe.ch

3. Cookies The Arthur Waser Group’s websites use cookies. Cookies are text files that are placed and stored on a computer system via an internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.

By using cookies, the Arthur Waser Group can provide users of this website with more user-friendly services that would not be possible without setting cookies.

A cookie can be used to optimise the information and offers on our website in the user’s interest. Cookies enable us, as already mentioned, to recognise users of our website. The purpose of this recognition is to facilitate the use of our website for users. For example, a user of a website that uses cookies does not have to re-enter their access data each time they visit the website, because this is handled by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online shop remembers the items a customer has placed in the virtual shopping cart by means of a cookie.

The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting in the internet browser used and can thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject disables the setting of cookies in the internet browser used, not all functions of our website may be fully usable.

4. Collection of general data and information The Arthur Waser Group’s website collects a series of general data and information with each access to the website by a data subject or an automated system. This general data and information are stored in the server log files. The following may be collected: (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the subpages that are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

When using this general data and information, the Arthur Waser Group does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. These anonymously collected data and information are therefore evaluated by the Arthur Waser Group both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files are stored separately from all personal data provided by a data subject.

5. Contact option via the website Due to legal requirements, the Arthur Waser Group’s website contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data voluntarily transmitted by a data subject to the controller are stored for the purposes of processing the request or contacting the data subject. This personal data is not passed on to third parties.

6. Routine erasure and blocking of personal dataThe controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage, or insofar as this has been provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.

7. Rights of the data subject

  • a) Right to confirmation Every data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether personal data concerning them are being processed. If a data subject wishes to exercise this right to confirmation, they may contact an employee of the controller at any time.
  • b) Right of access Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller, at any time and free of charge, information about the personal data stored about them and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
     
    • the purposes of processing
    • the categories of personal data being processed
    • the recipients or categories of recipients to whom the personal data have been disclosed or will be disclosed, in particular recipients in third countries or international organisations
    • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
    • the existence of a right to rectification or erasure of personal data concerning them, or restriction of processing by the controller, or the right to object to such processing
    • the existence of the right to lodge a complaint with a supervisory authority
    • where the personal data are not collected from the data subject: any available information as to their source
    • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and—at least in those cases—meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

    •  
    Furthermore, the data subject has the right to be informed whether personal data have been transferred to a third country or to an international organisation. Where this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.

    If a data subject wishes to exercise this right of access, they may contact an employee of the controller at any time.

  • c) Right to rectification Every data subject affected by the processing of personal data has the right granted by the European legislator to request without undue delay the rectification of inaccurate personal data concerning them. Furthermore, taking into account the purposes of processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

    • If a data subject wishes to exercise this right to rectification, they may contact an employee of the controller at any time.

  • d) Right to erasure (right to be forgotten) Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning them without undue delay, where one of the following grounds applies and insofar as the processing is not necessary:
     
    • The personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
    • The data subject withdraws consent on which the processing is based pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal ground for the processing.
    • The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
    • The personal data have been processed unlawfully.
    • The erasure of the personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.
    • The personal data have been collected in relation to the offer of information society services pursuant to Article 8(1) GDPR.

    •  
    If one of the above grounds applies and a data subject wishes to request the erasure of personal data stored by the Arthur Waser Group, they may contact an employee of the controller at any time. The employee of the Arthur Waser Group will ensure that the erasure request is complied with without undue delay.

    Where the Arthur Waser Group has made personal data public and is obliged as the controller pursuant to Article 17(1) GDPR to erase the personal data, the Arthur Waser Group shall, taking account of available technology and the cost of implementation, take reasonable measures, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure by such controllers of any links to, or copies or replications of, those personal data, insofar as processing is not required. The employee of the Arthur Waser Group will arrange what is necessary in the individual case.

  • e) Right to restriction of processing Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
     
    • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
    • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use.
    • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
    • The data subject has objected to processing pursuant to Article 21(1) GDPR and it is not yet verified whether the legitimate grounds of the controller override those of the data subject.

    •  
    If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by the Arthur Waser Group, they may contact an employee of the controller at any time. The employee of the Arthur Waser Group will arrange the restriction of processing.

  • f) Right to data portability Every data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

    •  
    Furthermore, in exercising their right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.
     
    To exercise the right to data portability, the data subject may contact an employee of the Arthur Waser Group at any time.

  • g) Right to object Every data subject affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time to the processing of personal data concerning them which is based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions. The Arthur Waser Group will no longer process the personal data in the event of an objection unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims.

    •  
    If the Arthur Waser Group processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning them for such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to the Arthur Waser Group to the processing for direct marketing purposes, the Arthur Waser Group will no longer process the personal data for these purposes.
     
    In addition, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them by the Arthur Waser Group for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
     
    To exercise the right to object, the data subject may contact any employee of the Arthur Waser Group directly or another employee. The data subject is also free to exercise their right to object by automated means using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.

  • h) Automated individual decision-making, including profiling Every data subject affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing—including profiling—which produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.
     
    If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) it is based on the data subject’s explicit consent, the Arthur Waser Group shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.
     
    If the data subject wishes to exercise rights relating to automated decisions, they may contact an employee of the controller at any time.
  • i) Right to withdraw consent under data protection law Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.
     
    If the data subject wishes to exercise their right to withdraw consent, they may contact an employee of the controller at any time.

8. Data protection in applications and in the application procedure The controller collects and processes applicants’ personal data for the purpose of handling the application procedure. Processing may also take place electronically. This is particularly the case if an applicant submits corresponding application documents to the controller electronically, for example by email or via a web form on the website. If the controller concludes an employment contract with an applicant, the transmitted data are stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded by the controller with the applicant, the application documents are automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller conflict with deletion. Other legitimate interest in this sense is, for example, an obligation to provide evidence in proceedings under the General Equal Treatment Act (AGG).

9. Data protection provisions on the use of Google Analytics (with anonymisation function) The controller has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analytics service. Web analytics is the collection, gathering and evaluation of data about the behaviour of visitors to websites. A web analytics service records, among other things, data about which website a data subject came from to reach a website (so-called referrer), which subpages of the website were accessed, or how often and for what duration a subpage was viewed. Web analytics is predominantly used to optimise a website and to carry out a cost-benefit analysis of online advertising.

The operator of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

For web analytics via Google Analytics, the controller uses the add-on “_gat._anonymizeIp”. By means of this add-on, the IP address of the data subject’s internet connection is shortened and anonymised by Google when access to our websites takes place from a Member State of the European Union or from another contracting state to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyse visitor flows on our website. Google uses the data and information obtained, among other things, to evaluate the use of our website in order to compile online reports for us that show activities on our websites and to provide other services related to the use of our website.

Google Analytics sets a cookie on the data subject’s information technology system. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyse the use of our website. With each call-up of one of the individual pages of this website operated by the controller and on which a Google Analytics component has been integrated, the internet browser on the data subject’s information technology system is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical procedure, Google gains knowledge of personal data, such as the IP address of the data subject, which serve Google, among other things, to trace the origin of visitors and clicks and subsequently to enable commission settlements.

By means of the cookie, personal information such as the access time, the location from which access originated, and the frequency of visits to our website by the data subject is stored. With each visit to our websites, these personal data, including the IP address of the internet connection used by the data subject, are transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass on these personal data collected via the technical procedure to third parties under certain circumstances.

The data subject can prevent the setting of cookies by our website at any time, as already described above, by means of an appropriate setting in the internet browser used and can thus permanently object to the setting of cookies. Such a setting in the internet browser used would also prevent Google from setting a cookie on the data subject’s information technology system. In addition, a cookie already set by Google Analytics can be deleted at any time via the internet browser or other software programs.

Furthermore, the data subject has the possibility to object to the collection of the data generated by Google Analytics relating to a use of this website and to the processing of these data by Google, and to prevent such collection and processing. For this purpose, the data subject must download and install a browser add-on at https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information about visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is regarded by Google as an objection. If the data subject’s information technology system is deleted, formatted or newly installed at a later point in time, the data subject must reinstall the browser add-on to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or by another person attributable to their sphere of control, it is possible to reinstall or reactivate the browser add-on.

Further information and the applicable data protection provisions of Google can be accessed at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at https://www.google.com/intl/de_de/analytics/.

10. Legal basis for processing Article 6(1)(a) GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as to fulfil tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance data or other vital information had to be passed on to a doctor, a hospital or other third parties. Then the processing would be based on Article 6(1)(d) GDPR.

Finally, processing operations may be based on Article 6(1)(f) GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. Such processing operations are permitted to us in particular because they were expressly mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 GDPR).

11. Legitimate interests pursued by the controller or a third partyIf the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.

12. Duration for which personal data are storedThe criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiry period, the corresponding data are routinely deleted, provided that they are no longer required for contract performance or contract initiation.

13. Statutory or contractual provisions for providing personal data; necessity for conclusion of a contract; obligation of the data subject to provide personal data; possible consequences of not providing

We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may also result from contractual arrangements (e.g., information on the contractual partner).

In some cases, it may be necessary for the conclusion of a contract that a data subject provides us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide personal data would result in the contract with the data subject not being concluded.

Before providing personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or necessary for the conclusion of a contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.

14. Existence of automated decision-makingAs a responsible company, we do not use automated decision-making or profiling.