Data Processing Switzerland

Information for data processing pursuant to Art. 13 and 14 of the General Data Protection Regulation (GDPR) + Art. 4, 14 of the Swiss Data Protection Act (DSG)
We herewith inform you about the processing of your personal data and the data protection claims and rights to which you are entitled. The content and scope of the data processing depends largely on the products and services you have requested, or respectively which have been agreed upon with you.

Who is the controller of the data processing and who can you contact?
Elma Electronic AG, Switzerland
Hofstrasse 93
CH-8620 Wetzikon
Tel: +41 44 933 41 11
Fax: +41 44 933 42 15
E-Mail: [email protected]

Management
Philipp Studer
Markus von Arx
Hanspeter Schnetzler
Thomas Wismer
Adrian Bühler
Christian Schiess

Thomas Herrmann, CEO
Edwin Wild, CFO

Company Register
Commercial Registery Office of the Canton of Zurich
Register-No.: CHE-105.973.206

Which data is processed and from which sources does this data come from?
We process the personal data, which we receive in the course of the business relationship, from you or from a distribution partner. In addition, we process data which we have where expedient procured in a legally permissible manner, from publicly available sources (e.g. company register, club register, land register, media). Personal data includes your personal details (name, address, contact details, professional information / function designations, etc.) and, where applicable, authentication data (e.g. ID data). In addition, it may also include contract data (e.g. payment orders), data from the fulfilment of our contractual obligation (e.g. sales data), advertising and sales data, documentation data (e.g. consulting protocols), registry data, processing results, as well as data. which we generate ourselves for the purposes of the fulfilment of statutory requirements.

For which purposes and on which legal basis is the data processed?
We process your personal data in compliance with the provisions of the General Data Protection Regulation (GDPR) as well as the provisions of the Swiss Data Protection Act (DSG).

  • For the fulfilment of contractual obligations (Art 6 (1) b of the General Data Protection Regulation (GDPR) + Artt. 12, 13 of the Swiss Data Protection Act (DSG)):
    The processing of personal data (Art. 4 No. 2 of the General Data Protection Regulation (GDPR) + Art. 3 of the Swiss Data Protection Act (DSG)) is effected to provision advisory and sales services in connection with our products and services, in particular for the implementation of our contracts with you and the execution of your orders as well as all activities necessary for the operation and administration of our company. The purposes of the data processing are primarily based on the specific product and can among others extend to cover analysis of needs, advice and the implementation of training measures.
  • For the fulfilment of legal obligations (Art 6 (1) c of the General Data Protection Regulation (GDPR) + Artt. 12, 13 of the Swiss Data Protection Act (DSG)):
    Processing of personal data may be required for the purpose of fulfilling various legal obligations to which we are subject.
  • For the safeguarding of legitimate interests (Art 6 (1) f of the General Data Protection Regulation (GDPR) + Artt. 12, 13 of the Swiss Data Protection Act (DSG)):
    As far as necessary, within the framework of the weighing up of interests in favour of our company or a third party, data processing beyond the actual fulfilment of the contract may take place in order to safeguard legitimate interests on our part or of third parties.

In the cases below, data processing is effected to protect legitimate interests:

  1. Examination and optimization of procedures for needs analysis and direct customer approach;
  2. Advertising or market and opinion research, insofar as you have not objected to the use of your personal data, pursuant to Art. 21 of the General Data Protection Regulation (GDPR) + Artt. 12, 13 + 15 of the Swiss Data Protection Act (DSG)
  3. Measures for business management, further development of services and products as well as for customer recovery
  4. Measures to protect employees and customers as well as the property of our company for the defense against legal consequences or respectively within the framework of legal prosecution

Who receives my data?
Within the Elma Group, the entities that or respectively the employees who receive your data, are those that need it to fulfil the contractual, legal and regulatory obligations as well as legitimate interests. In addition, commissioned data processors (such as operators of analytics tools, IT as well as back office service providers) and distributors, shall receive your personal data from us, insofar as they need the data to fulfil their respective provision of services. All commissioned data processors and distributors are contractually obliged to treat your data confidentially and to process it only within the framework of the provision of services.
In the case of a statutory or regulatory obligation, public authorities and institutions as well as our owners may be recipients of your personal data. With regard to the data disclosure to other third parties, we would like to point out that we only share your data, insofar as you have given us prior written and express instructions or insofar as we are legally obliged or authorized to do so.

How long is my data stored?
We store your personal data, insofar as expedient, for the duration of the entire business relationship (from initiation, over the execution through to the termination of a contract), as well as in accordance with statutory retention and documentation obligations. Moreover, required to be observed in the case of the storage period, are the statutory limitation periods, e.g. pursuant to the German Civil Code (BGB) and the Swiss Code of Obligations (OR).

Which data protection rights do I have?
You have at any given time a right to information, correction, deletion or restriction of the processing of your stored data, a right of objection against the processing as well as a right to data transferability in accordance with the requirements of data protection law. Insofar as you are of the opinion that we violate national or European data protection laws when processing your data, we request you to contact us, to clarify your concerns.  You can also address complaints to the competent data protection authority.

Am I obliged to provision data?
Within the framework of the business relationship, you must provide the personal data, necessary to enter into and conduct the business relationship, which we are required to collect by law. Insofar as you do not provide us with this data, we shall in principle be required to reject the conclusion of the contract or the execution of the contract or shall be unable to execute an existing contract and consequently must terminate it. However, you are not obliged to grant your consent for data processing with regard to data, which is not relevant or respectively legally not required for the fulfilment of the contract.

Data Protection Authority for Switzerland:
https://www.edoeb.admin.ch/edoeb/en/home.html

Data Protection Officer for the Canton of Zurich:
https://dsb.zh.ch/internet/datenschutzbeauftragter/de/home.html

Postal address: P.O. Box, 8090 Zurich, Beckenhofstrasse 23, 8006 Zurich, Switzerland
Phone: +41 43 259 39 99

Adjustments to this information
Please note that we reserve the right to adjust this information on data processing, on a needs-basis. The latest version of this information can be found on our homepage at any given time: www.elma.ch

©Elma Electronic AG
Edition: April 2020