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General Terms and Conditions, Conditions of Sale and Conditions of Purchase

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Data protection, a question of mutual trust

We respect your privacy and your personal rights. Ensuring the responsible, lawful handling of personal data is of great importance to us.

Privacy statement

This privacy statement is designed to inform you about the processing of personal data in connection with our  drivetek.ch website and our other online services.

For individual or additional offers and services, special, supplementary or further privacy statements as well as other legal documents such as General Terms and Conditions (GTC), Terms and Conditions of Use or Conditions of Participation may apply.

Our online services are subject to Swiss data protection law as well as to any applicable foreign data protection laws, in particular the General Data Protection Regulation (GDPR) of the European Union (EU). The European Commission recognizes, that Swiss data protection law ensures adequate data protection.

1. Contact addresses

Responsibility for online services:

Drivetek AG
Industriestrasse 37
2555 Brügg
Switzerland
info@drivetek.ch

2. Processing of personal data

2.1 Terms

Personal data is all information that refers to an identified or identifiable person. A is a person about whom personal data is processed. Processing includes handling of personal data regardless of the means and procedures used, in particular the retention, disclosure, procurement, collection, deletion, storage, alteration, destruction, and use of personal data.

2.2 Legal bases

We process personal data in accordance with Swiss data protection law, in particular the Federal Act on Data Protection (FADP) and the Ordinance to the Federal Act on Data Protection (OFADP).

Insofar as the General Data Protection Regulation (GDPR) is applicable, we process personal data in accordance with one of the following legal bases:

  • Art. 6 para. 1 let. b GDPR or the processing of personal data necessary for the performance of a contract to which the data subject is party or in order to take steps prior to entering into a contract.
  • Art. 6 para. 1 let. f GDPR for the processing of personal data necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Our legitimate interests include, in particular, our interest in providing our online services in a permanent, user-friendly, secure, and reliable manner and in being able to advertise them as required, information security and protection against misuse and unauthorized use, enforcement of our own legal claims, and compliance with Swiss law.
  • Art. 6 para. 1 let. c GDPR for the processing of personal data necessary for compliance with a legal obligation to which we are subject according to any applicable law of member states in the European Economic Area (EEA).
  • Art. 6 para. 1 let. e GDPR for the processing of personal data necessary for the performance of a task carried out in the public interest.
  • Art. 6 para. 1 let. a GDPR for the processing of personal data to which the data subject has given their consent.
  • Art. 6 para. 1 let. d GDPR for the processing of personal data necessary in order to protect the vital interests of the data subject or of another natural person.

2.3 Nature, scope, and purpose

We process the personal data that is to provide our online services in a permanent, user-friendly, secure, and reliable manner. Such personal data may fall into the categories of inventory and contact data, content data, metadata, or marginal data, as well as usage data, location data, contract data, and payment data.

We process personal data for the necessary for the respective purpose or purposes, or as required by law. Personal data which no longer needs to be processed will be anonymized or deleted.

In principle, we process personal data only with the consent of the data subject, unless such processing is permitted for other legal reasons, for example for the performance of a contract with the data subject or in order to take steps prior to entering into a contract, to protect our overriding legitimate interests, because the processing is evident from the circumstances, or following prior information.

In this context, we mainly process information provided to us by a data subject voluntarily themselveswhen making contact – for example via post or e-mail, in a contact form, on social media, or by telephone – or when registering for a user account. We may store such information in an address book or using comparable tools, for example. If you transmit personal data to us via third parties, you are obliged to guarantee data protection vis-à-vis these third parties and to ensure the accuracy of such personal data.

We also process personal data that we receive from third parties, obtain from publicly accessible sources, or collect when providing our online services, if and to the extent such processing is permitted for legal reasons.

Personal data from applications is only processed to the extent necessary for the assessment of suitability for an employment relationship or for the subsequent execution of an employment contract. The personal data required for the completion of an application procedure is derived from the information requested or communicated, for example as part of a job description. Applicants have the option of voluntarily submitting further information for their respective applications.

2.4 Processing of personal data by third parties, in Switzerland and abroad

We may have personal data processed by third parties, in particular by order processors. Alternatively, we may process data jointly with third parties and with the help of third parties, or transfer it to third parties. In particular, these third parties are providers whose services we make use of. We also guarantee adequate data protection by such third parties.

Such third parties are located in Switzerland and in the European Economic Area (EEA), including the European Union (EU) and the Principality of Liechtenstein. However, such third parties may also be located in other countries of the world and elsewhere in the universe, provided that their data protection laws, in the opinion of the Federal Data Protection and Information Commissioner (FDPIC) and – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – in the opinion of the European Commission – guarantee adequate data protection, or if adequate data protection is guaranteed for other reasons, such as, for example, by a corresponding contractual agreement, in particular on the basis of standard contractual clauses, or by a corresponding certification. For third parties in the United States of America (USA), certification in accordance with the Privacy Shield can guarantee adequate data protection. Exceptionally, such a third party may be located in a country without adequate data protection, provided that the data protection requirements, such as the express consent of the data subject, are met.

3. Rights of data subjects

Data subjects whose personal data we process have rights granted by Swiss data protection law. These rights include the right of access as well as the right to rectification, erasure or restriction of the personal data processed.

Data subjects whose personal data we process may – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – obtain confirmation free of charge as to whether we process their personal data and, if so, request information on the processing of their personal data, restrict the processing of their personal data, and exercise their rights to data portability, rectification, erasure («right to be forgotten»), restriction, or completion of their personal data.

Data subjects whose personal data we process may – if and to the extent that GDPR is applicable – revoke their consent at any time with effect for the future and object to the processing of their personal data at any time.

Data subjects whose personal data we process have the right to appeal to a competent supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

4. Data security

We take appropriate and suitable technical and organizational measures to ensure data protection and, in particular, data security. However, despite such measures, the processing of personal data on the Internet remains subject to security breaches. We therefore cannot guarantee absolute data security.

Access to our online services is via transport encryption (SSL/TLS with HTTPS).

Access to our online services is subject – as, in principle, is all Internet use – to uninitiated and suspicion-independent mass surveillance as well as other surveillance by security authorities in Switzerland, in the European Union (EU), in the United States of America (USA) and in other countries. We cannot directly influence the corresponding processing of personal data by intelligence services, police forces and other security authorities.

5. Use of the website

5.1 Cookies

We may use cookies for our website. Cookies – including those of third parties whose services we use (cookies from third parties or third-party cookies) – are data in text form that are stored in your browser. Cookies cannot execute programs or transmit malware such as Trojans and viruses.

When you visit our website, cookies can be stored temporarily in your browser as «session cookies» or for a certain period of time as so-called permanent cookies. «Session cookies» are automatically deleted when you close your browser. In particular, permanent cookies make it possible to recognize your browser the next time you visit our website and to measure elements such as the reach of our website. However, permanent cookies can also be used for online marketing, for example.

You can deactivate or delete cookies completely or partially in your browser settings at any time. Without cookies, our online services may no longer be fully available, however. If and to the extent necessary, we actively request your express consent to the use of cookies.

In the case of cookies that are used for measuring success and reach or for advertising purposes, a general opt-out is possible for a large number of services via the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

5.2 Server log files

We may collect the following information each time our website is accessed, provided that it is transmitted from your browser to our server infrastructure or can be determined by our web server: date and time, including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system, including user interface and version, browser, including language and version, individual pages viewed on our website, including the amount of data transferred, last page viewed in the same browser window (referer or referrer).

We store this information, which can also represent personal data, in server log files. This information is required in order to provide our online services in a permanent, user-friendly, secure, and reliable manner and to ensure data security and consequently, in particular, the protection of personal data – including by third parties or with the help of third parties.

5.3 Tracking pixels

We may use tracking pixels on our website. Tracking pixels are also referred to as web beacons. Tracking pixels – including those of third parties whose services we use – are small images that are automatically retrieved when you visit our website. Tracking pixels can be used to record the same data as in server log files.

6. Notifications and messages

We may send notifications and messages such as newsletters by e-mail and through other communication channels such as instant messaging.

6.1 Success and reach measurement

Notifications and messages can include web links or tracking pixels that indicate whether a particular message has been opened and which web links have been clicked on. Web links and tracking pixels of this kind may also record the use of notifications and messages in a personalized manner. We need this statistical recording of usage for success and reach measurement purposes. This allows us to send notifications and messages based on the needs and reading habits of recipients permanently, securely, reliably, and in an effective and user-friendly manner.

6.2 Consent and objection

In principle, you must expressly consent to the use of your e-mail address and other contact addresses, unless such use is permitted for other legal reasons. We apply the «double opt-in» principle for any consent to the receipt of e-mails, i.e. you receive an e-mail with a web link which you must click on as confirmation. This ensures that no misuse by unauthorized third parties can occur. We may log such consent including the Internet Protocol (IP) address, date, and time for evidence and security reasons.

In principle, you can unsubscribe from notifications and messages such as newsletters at any time. We reserve the right to send notifications and messages which are absolutely necessary for our online services. When you unsubscribe, you can object to the statistical recording of usage for success and reach measurement in particular.

7. Social media

We are present on social media platforms and other online platforms in order to communicate with interested persons and to inform them about our online services. Personal data may also be processed outside Switzerland and the European Economic Area (EEA), including the European Union (EU) and the Principality of Liechtenstein.

The General Terms and Conditions (GTC), privacy statements and other provisions of the individual operators of such online platforms also apply in each case. In particular, these provisions provide information on the rights of data subjects, including, first and foremost, the right of access.

8. Third-party services

We may use third-party services to provide our online services in a permanent, user-friendly, secure, and reliable manner. These services also serve to embed content into our website. Services of this kind – such as hosting and storage services, video services, and payment services – require your Internet Protocol (IP) address, without which they will not be able to transmit the relevant content. Such services may be located outside Switzerland and the European Economic Area (EEA), including the European Union (EU) and the Principality of Liechtenstein, provided that adequate data protection is guaranteed.

For their own security, statistical and technical purposes, third parties whose services we use may also process data that has been aggregated, anonymized, or pseudonymized – for example using cookies, log files, and tracking pixels – in connection with our online services and from other sources. Such data will not be used to reach data subjects directly in relation to our online services.

8.1 Map material

We use Google Maps to embed maps into our website. Cookies are also used for this purpose. Google Maps is a service of the American company Google LLC. The Irish company Google Ireland Limited is responsible for users in the European Economic Area (EEA) and Switzerland. For more information about the nature, scope, and purpose of data processing, please refer to Google’s Privacy and Security Principles and Privacy Policy, the Google Product Privacy Guide (including Google Maps), information on how Google uses information from sites that use Google services and information on how Google uses cookies. It is also possible to, object to personalized advertising.

8.2 Success and reach measurement

8.2.1 Google Analytics

We use to analyze how our website is used and may, for example, measure the reach of our website and the success of third-party links to our website. This is a service provided by the American company Google LLC. The Irish company Google Ireland Limited is responsible for users in the European Economic Area (EEA) and Switzerland.

Google also attempts to track individual visitors to our website if they use different browsers or devices cross-device tracking). Cookies are also used for this purpose. Google Analytics requires your Internet Protocol (IP) address, which is not combined with any other data held by Google.

For more information about the nature, scope and purpose of data processing, please refer to Google’s Privacy and Security Principles and Privacy Policy, the Google Product Privacy Guide (including Google Maps), information on how Google uses information from sites that use Google services and information on how Google uses cookies. It is also possible to use the «Browser Add-on to deactivate Google Analytics» and to object to personalized advertising.

9. Final provisions

We have created this privacy statement using the Datenschutz-Generator from Datenschutzpartner >, a service provided by the Swiss company Papiertiger GmbH.

We may amend and expand this privacy statement at any time. We will inform you about any such amendments and additions in an appropriate form, in particular by publishing the current privacy statement on our website.

Publication details

Drivetek AG
Industriestrasse 37
2555 Brügg
Switzerland

Tel. +41 32 332 79 32
Fax +41 32 332 79 31

info@drivetek.ch

Concept and design: amietkerle.ch
Web development: Humantools Interactive, Kaspar Lüthi