Version from 11.09.2023
1. Controller/data protection officer/representative
SGDV-SSDV is responsible for the data processing activities that we carry out here. If you have any data protection concerns, you can communicate them to us at the following contact address:
031 352 22 02
You can contact our data protection officer in accordance with Art. 37 of the GDPR at Prof. Dr. med. Daniel Hohl, Brunnmattstrasse 47, 3007 Bern. He is also our representative in the EEA according to Art. 27 DSGVO (if required).
2. Collection and processing of personal data
We primarily process the personal data that we receive from our customers, business partners and other stakeholders in the context of our business relationships with these people or that we collect from users while operating our websites, apps and other applications.
Insofar as this is permitted, we also take certain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, Internet) or receive such data from other companies within SGDV-SSDV, from authorities and from other third parties (e.g. credit agencies, mailing list brokers). In addition to the data about you 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 relating to your professional functions and activities (for example, to enable us to enter into and process transactions with your employer), information about you in correspondence and meetings with third parties, credit rating information (insofar as we do business with you personally), information about you that people close to you (family, advisers, legal representatives, etc.) give us so that we can conclude or execute contracts with you or involving you (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, distributors and other contractual partners of ours on the use or provision of services by you (e.g. payments made, purchases made), information from the media and Internet about you (if this is appropriate in the specific case, e.g. within the context of a job application, press review, marketing/sales etc.), your addresses and, if applicable, interests and other sociodemographic data (for marketing), data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, information on your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring website, location details)
3. Purposes of data processing and legal basis
We use the personal data we collect primarily to conclude and perform our contracts with our customers and business partners, in particular in the context of IT consulting, IT project management and software development with our customers and the purchase of products and services from our suppliers and subcontractors, as well as to comply with our legal obligations at home and abroad. If you work for such a customer or business partner, your personal data may, of course, also be affected in this way.
We also process personal data about you and others, where permitted and where we consider it appropriate, for the following purposes, in which we (and sometimes third parties) have a legitimate interest commensurate with the purpose:
- Offer and further development of our offers, services and websites, apps and other platforms on which we are present;
- communication with third parties and processing of their requests (e.g. applications, media inquiries);
- review and optimisation of procedures for needs analysis for the purposes of direct customer contact as well as collection of personal data from publicly accessible sources for the purposes of customer acquisition;
- advertising and marketing (including the organisation of events), provided that 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; we will then put you on a list blocking further advertising mailings);
- market and opinion research, media monitoring;
- assertion of legal claims and defence in connection with legal disputes and official proceedings;
- prevention and investigation of crimes and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
- safeguarding our operations, in particular IT, our websites, apps and other platforms;
- Video surveillance to maintain house rules 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 units, companies or parts of companies and other transactions under company law and related transfer of personal data as well as measures for business management and as far as for compliance with legal and regulatory obligations as well as internal regulations from SGDV-SSDV.
If you have given us consent to process your personal data for specific purposes (for example, when you register to receive newsletters or carry out a background check), we process your personal data within the scope of and based on this consent, provided that we have no other legal basis and we require such a basis. Consent that has been granted can be withdrawn at any time, but this will have no effect on data processing that has already taken place.
4. Cookies/tracking and other technologies related to the use of our website
We typically use “cookies” and similar technologies on our websites that can be used 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 are using when you visit our website. If you visit this website again, we will be able to recognize you, 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 to reject cookies, to save them for one session only or to delete them prematurely. Most browsers are pre-set to accept cookies. We use persistent cookies so that you can save user preferences (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 may also happen on websites of other companies; however, they will not learn from us who you are, if we ourselves know that at all, because they will only see that on their website is the same user who was also on a particular page with us). Certain of the cookies are set by us, and certain are also set by contractors with whom we work. If you block cookies, certain functionalities (such as language selection, shopping basket, ordering processes) may no longer work.
We also sometimes incorporate visible and invisible image elements into our newsletters and other marketing emails, to the extent that this is permitted; these elements can be retrieved by our servers and used 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 programs are pre-set to do so.
By using our websites 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.
We sometimes use Google Analytics or similar services on our websites. This is a third party service, which may be located in any country in the world (in the case of Google Analytics, it is Google Ireland (located in Ireland), Google Ireland relies on Google LLC (located in the USA) as an order processor (both “Google“), www.google.com), with which we can measure and evaluate the use of the website (non-personal). Permanent cookies set by the service provider are also used for this purpose. We have configured the service so that the IP addresses of visitors are shortened by Google in Europe before being forwarded to the USA and thus cannot be traced. We have turned off the “Data Forwarding” and “Signals” settings. Although we can assume that the information we share with Google is not personal data for Google, it is possible that Google can draw conclusions about the identity of visitors from this data for its own purposes, create personal profiles and link this data to the Google accounts of these individuals… Insofar as you have registered with the service provider yourself, the service provider also knows you. The processing of your personal data by the service provider then takes place under the responsibility of the service provider in accordance with its data protection provisions. The service provider only informs us how our respective website is used (no information about you personally).
We also use plug-ins from social networks such as Facebook, Twitter, YouTube, Google+, Pinterest and Instagram on our websites. This is made clear to you in each case (typically via corresponding symbols). We have configured these items to be disabled 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 will then be the responsibility of this operator in accordance with its data protection provisions. We do not receive any information from them about you.
5. Data transmission and data transfer abroad
Within the scope of our business activities and the purposes pursuant to point 3, insofar as permitted and it appears to us to be appropriate, we also disclose to third parties, either because they process them for us or because they want to use them for their own purposes. In particular, this relates to the following bodies:
- Service providers of us (within SGDV-SSDV as well as externally, such as banks, insurance companies), including order processors (such as IT providers);
- Dealers, suppliers, subcontractors and other business partners;
- domestic and foreign authorities, official agencies or courts;
- public, including visitors to websites and social media;
- Competitors, industry organizations, associations, organizations and other bodies;
- Acquirers or parties interested in acquiring business units, companies or other parts of SGDV-SSDV;
- other parties in potential or actual legal proceedings;
- Other companies of the SGDV-SSDV;
all common recipient.
Although some of these recipients are domestic, they can be located anywhere on the planet. In particular, you must anticipate the transfer of your data to all countries where SGDV-SSDV is represented by group companies, branches or other offices, as well as to other countries in Europe and the USA, where the service providers we use are located (such as Hostpoint, foresite).
If a recipient is located in a country without adequate legal data protection, we contractually obligate the recipient to comply with the applicable data protection law (for this purpose, we use the European Commission’s revised standard contractual clauses, the hereretrievable), unless it 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 processing of a contract requires such disclosure, if you have given your consent or if it is a matter of data made generally accessible by you, the processing of which you have not objected to.
6. Retention periods for personal data
We process and store your personal data for as long as necessary for the fulfilment of our contractual and legal obligations or else for the purposes pursued with the processing, e.g. for the duration of the business relationship (from the initiation and performance of a contract to its termination) and in accordance with the statutory storage and documentation obligations. In this context, it is possible that personal data will be retained for the time during which claims can be asserted against our company and insofar as we are otherwise legally obliged to or where legitimate business interests require this (e.g. for the purposes of proof and documentation). As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted or anonymised, where possible. For operational data (e.g. system logs, logs), shorter retention periods of twelve months or less generally apply.
7. Data security
We take appropriate technical and organisational security precautions to protect your personal data from unauthorised access and misuse; these include issuing instructions, training, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, and monitoring.
8. Obligation to provide personal data
Within the framework of our business relationship, you must provide us with the personal data that is required to establish and conduct a business relationship and to fulfil the associated contractual obligations (as a rule, you do not have a legal obligation to provide us with data). As a rule, we will not be able to enter into or perform a contract with you (or the entity or person you represent) without this data. Moreover, the website cannot be used if certain data traffic security information (such as the IP address) is not disclosed.
We process your personal data in a partially automated manner with the aim of evaluating certain personal aspects (profiling). In particular, we use profiling to allow us to provide you with targeted information and advice on products. In doing so, we use analysis tools that enable us to provide needs-based communication and advertising, including market and opinion research.
10. Rights of the data subject
You have the right of access, rectification, erasure, the right to restrict the processing of data and other rights under the applicable data protection law and where provided for therein (such as in the case of the GDPR). Objection to our data processing, in particular those for direct marketing purposes, profiling carried out for direct advertising and other legitimate interests in processing as well as to the release of certain personal data for the purpose of transfer to another entity (so-called data portability). However, please be aware that we reserve the right to enforce the restrictions provided for by law, for example if we are obliged to retain or process certain data, if we have an overriding interest in this data (insofar as we are entitled to invoke this) or if we need the data in order to assert claims. If any costs are to be incurred for you, we will inform you in advance. We have already informed you about the possibility of withdrawing your consent in point 3. Please note that exercising these rights may conflict with contractual arrangements and may have consequences such as early termination of the contract or cost implications. In this case, we will inform you in advance where this is not already contractually agreed.
Exercising such rights usually requires that you clearly prove your identity (e.g. by means of a copy of your identity card in cases where your identity is otherwise not clear or cannot be verified). To exercise your rights, you can contact us at the address given in point 1.
Any data subject also has the right to pursue his/her claims through the courts 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.