Data Protection
PRIVACY POLICY
Version from September 1, 2023
In this Privacy Policy, we, Bomatec AG (hereinafter, we or us), explain how we collect and otherwise process personal data.
Personal data refers to all information relating to an identified or identifiable person.
If you provide us with personal data of other persons (e.g. family members, data of work colleagues), please ensure that these persons are aware of this privacy policy and only provide us with their personal data if you are permitted to do so and if this personal data is correct.
This is not an exhaustive description; other data protection declarations or general terms and conditions, conditions of participation and similar documents may govern specific matters.
This privacy policy is designed to meet the requirements of the EU General Data Protection Regulation ("GDPR") and the Swiss Federal Act on Data Protection ("FADP"). However, whether and to what extent these laws are applicable depends on the individual case.
The terms used are not gender-specific.
Who can I contact if I have questions about data protection? Responsible for the data processing described here is
Bomatec AG Hofstrasse 1 CH 8181 Höri Switzerland
If you have data protection concerns, you can contact our data protection advisor in accordance with Art. 10 FADP and Art. 37 GDPR at
Postal address: Data protection, Bomatec AG, Hofstrasse 1, CH 8181 Höri
E-Mail: dataprotection@bomatec.ch
What data do we collect? We primarily process the personal data that we receive from our customers and other business partners as part of our business relationship with them and other persons involved or that we collect from their users when operating our websites, apps and other applications. Where permitted, we also obtain certain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, internet), from authorities and other third parties (e.g. credit agencies, address dealers).
In addition to the data that you provide to us directly, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we obtain in connection with official and legal proceedings, information in connection with your professional functions and activities (so that we can, for example, conclude and process transactions with your employer with your help), information about you in correspondence and meetings with third parties, credit information (insofar as we process transactions with you personally), information about you that people from your environment (family, advisors, legal representatives, etc.) give us so that we can conclude contracts with you. We may use this information to conclude or process contracts with you or with your involvement (e.g. references), your address for deliveries, powers of attorney, information on compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies and other contractual partners of yours, sales and other contractual partners of ours for the use or provision of services by you (e.g. payments made, purchases made), information from the media and the Internet about you (insofar as this is appropriate in the specific case, for example in the context of an application, press review, marketing/sales, etc.), your addresses and, if applicable, interests.), your addresses and possibly interests and other socio-demographic data (for marketing), data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring website, location data).
What do we use your data for? We use the personal data we collect primarily to conclude and process our contracts with our customers and business partners, in particular in the context of the following activities:
" Trade in goods of all kinds, in particular goods and products of the electrical and electronics industry"
As part of this activity, we collect personal data for transactions with our customers and the purchase of products and services from our suppliers and subcontractors, as well as to comply with our legal obligations in Switzerland and abroad. If you work for such a customer or business partner, your personal data may also be affected in this function.
In addition, we also process personal data of you and other persons for the following purposes, where permitted and where we deem it appropriate, in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose:
Offering and further developing our products, services and websites, apps and other platforms on which we are present; Communication with third parties and processing their inquiries (e.g. applications, media inquiries); Examination and optimization of procedures for needs analysis for the purpose of direct customer contact and collection of personal data from publicly accessible sources for the purpose of customer acquisition; Advertising and marketing (including the organization of events), provided you have not objected to the use of your data (if we send you advertising as an existing customer, you can object to this at any time and we will put you on a blacklist against further advertising mailings); Market and opinion research, media monitoring; Assertion of legal claims and defense in connection with legal disputes and official proceedings; Prevention and investigation of criminal offenses and other misconduct (for example, conducting internal investigations, data analysis to combat fraud); Guarantees of our operations, in particular IT, our websites, apps and other platforms; Video surveillance to safeguard domiciliary rights and other measures for IT, building and facility security and protection of our employees and other persons and assets belonging to or entrusted to us (such as access controls, visitor lists, network and mail scanners, telephone recordings); Purchase and sale of business divisions, companies or parts of companies and other transactions under company law and the associated transfer of personal data as well as measures for business management and compliance with legal and regulatory obligations and internal regulations of the company's name. If you have given us your consent to process your personal data for specific purposes (for example, when you register to receive newsletters or carry 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 and require one. Consent that has been given can be withdrawn at any time, but this has no effect on data processing that has already taken place.
Cookies/tracking and other technologies in connection with the use of our website We typically use "cookies" and similar technologies on our websites and apps to identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you use when you visit our website or install the app. This enables us to recognize you when you return to this website or use our app, even if we do not know who you are. In addition to cookies that are only used during a session and are deleted after your visit to the website ("session cookies"), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) ("permanent cookies"). However, you can set your browser so that it rejects cookies, only stores them for one session or otherwise deletes them prematurely. Most browsers are preset to accept cookies. We use permanent cookies so that you can save user settings (e.g. language, autologin), so that we can better understand how you use our offers and content, and so that we can show you offers and advertising tailored to you (which can also happen on websites of other companies; however, we will not tell them who you are, if we know this at all, because they will only see that the same user is on their website who was also on a certain page on our website). Some of the cookies are set by us, some are also set by contractual partners with whom we work.
If you block cookies, certain functionalities (such as language selection, shopping cart, ordering processes) may no longer work.
In some of our newsletters and other marketing emails, we also include visible and invisible image elements, where permitted, which we can retrieve from our servers to determine whether and when you have opened the email so that we can measure and better understand how you use our offers and tailor them to you. You can block this in your email program; most are preset to do so.
By using our websites, apps and agreeing to receive newsletters and other marketing emails, you consent to the use of these technologies. If you do not want this, you must set your browser or email program accordingly, or uninstall the app if this cannot be adjusted via the settings.
We only use analysis tools on our websites that are operated in Switzerland or in the EU.
We also use so-called plug-ins from social networks such as Facebook, Twitter, YouTube, Pinterest, Xing, LinkedIn or Instagram on our websites. This is visible to you in each case (typically via corresponding icons). We have configured these elements so that they are deactivated by default. If you activate them (by clicking on them), the operators of the respective social networks can register that you are on our website and where and can use this information for their purposes. The processing of your personal data is then the responsibility of this operator in accordance with its data protection provisions. We do not receive any information about you from them.
Who will my data be passed on to? Within the scope of our business activities and the purposes set out in section 3 to the extent permitted and deemed appropriate, to third parties, either because they process it for us or because they wish to use it for their own purposes. This applies in particular to the following bodies:
Service providers of ours (such as banks, insurance companies), including contract processors (such as IT providers); Dealers, suppliers, subcontractors and other business partners; Customers; domestic and foreign authorities, official bodies or courts; Media; the public, including visitors to websites and social media; Competitors, industry organizations, associations, organizations and other bodies; Acquirers or parties interested in acquiring business units; other parties in potential or actual legal proceedings; all recipients together.
If we pass on data to third parties, we observe the legal requirements and, in particular, conclude order processing contracts or similar agreements with the respective recipients in order to protect your personal data.
Will my data be transferred abroad? We may disclose data to persons, authorities, organizations, companies or other bodies abroad. In particular, we may transfer personal data to all countries in which our processors process personal data.
If a recipient is located in a country without adequate statutory data protection, we contractually oblige the recipient to comply with the applicable data protection law, unless the recipient is already subject to a legally recognized set of rules to ensure data protection and we cannot rely on an exemption provision. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the performance of a contract requires such disclosure, if you have given your consent or if the data in question has been made generally accessible by you and you have not objected to its processing.
How long will my data be stored? We process and store your personal data for as long as is necessary for the fulfilment of our contractual and legal obligations or otherwise for the purposes pursued with the processing, i.e., for example, for the duration of the entire business relationship (from the initiation, execution to the termination of a contract) as well as beyond that in accordance with the statutory retention and documentation obligations. It is possible that personal data may be stored for the period in which claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or legitimate business interests require this (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted or anonymized as far as possible. Shorter retention periods of twelve months or less generally apply to operational data (e.g. system protocols, logs).
How do we protect your data? We take appropriate technical and organizational security precautions to protect your personal data from unauthorized access and misuse.
These include the following measures:
We take the protection of personal data into account as early as the development or selection of hardware, software or processes through appropriate technical and organizational measures. We also ensure data protection-friendly default settings.
Am I obliged to disclose my data? As part of our business relationship, you must provide the personal data that is necessary for the establishment and execution of a business relationship and the fulfilment of the associated contractual obligations (as a rule, you do not have a legal obligation to provide us with data). Without this data, we will generally not be able to conclude or execute a contract with you (or the entity or person you represent). It will also not be possible to use the website if certain information is not disclosed in order to secure data traffic.
Profiling and automated decision-making We process your personal data partially automatically with the aim of evaluating certain personal aspects (profiling). We use profiling in particular to provide you with targeted information and advice about products. In doing so, we use evaluation tools that enable us to provide needs-based communication and advertising, including market and opinion research.
As a matter of principle, we do not use fully automated decision-making (as regulated in Art. 21 rev or DSG22 GDPR) for the establishment and implementation of the business relationship or otherwise. Should we use such procedures in individual cases, we will inform you of this separately if this is required by law and inform you of the associated rights.
What data protection rights do I have? You have the following rights within the scope of the data protection law applicable to you and to the extent provided for therein:
the right to request information from us as to whether and which of your data we process; the right to have us correct data if it is incorrect; the right to request the deletion of data; the right to obtain from us the personal data concerning you in a commonly used electronic format or to transmit those data to another controller; the right to withdraw consent where our processing is based on your consent; the right to receive, on request, further information necessary for the exercise of these rights; the right to express your point of view on automated individual decisions and to request that the decision be reviewed by a natural person. Please note, however, that we reserve the right to assert the restrictions provided for by law, for example if we are obliged to store or process certain data, have an overriding interest in doing so (insofar as we are entitled to invoke this) or require it for the assertion of claims. If you incur costs, we will inform you in advance. We have already explained the possibility of withdrawing your consent in Section 3 above. Please note that exercising these rights may conflict with contractual agreements and may have consequences such as premature termination of the contract or cost consequences. We will inform you in advance if this is not already contractually regulated.
The exercise of such rights generally requires that you clearly prove your identity (for example, by means of a copy of your identity card, where your identity is otherwise not clear or cannot be verified). To assert your rights, you can contact us at the address given in section 1 address given in section 1.
Every data subject also has the right to enforce their claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
Changes
We may amend this privacy policy at any time without prior notice. The current version published on our website shall apply. If the privacy policy is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.