Privacy policy

In accordance with the legal requirements of data protection law (in particular the BDSG as amended and the European Data Protection Regulation 'DS-GVO'), we inform you below about the nature, scope and purpose of the processing of personal data by our company. This privacy policy also applies to our websites and social media profiles. With regard to the definition of terms such as "personal data" or "processing", we refer to Art. 4 DS-GVO.

Name and contact details of the person(s) responsible
Our responsible person(s) (hereinafter "responsible person(s)") within the meaning of Article 4(7) of the GDPR is/are:

Flury Systems AG
Römerstrasse West 32 · 3296 Arch · Switzerland
Telefon + 41 (0) 32-6 79 55 00 · Fax + 41 (0) 32-6 79 55 40
info@flury-systems.ch · www.flury-systems.ch

Types of data, purposes of processing and categories of data subjects

In the following, we inform you about the type, scope and purpose of the collection, processing and use of personal data.

1. types of data we process
Usage data (access times, websites visited, etc.),

2. purposes of the processing pursuant to Art. 13 (1) c) DS-GVO
Optimising the website technically and economically, contacting third parties in the event of legal complaints, optimising and statistically evaluating our services, making the website user-friendly, compiling statistics, providing websites with functions and content,

3. categories of data subjects according to Art. 13(1)(e) GDPR
Visitors/users of the website,

The data subjects are collectively referred to as "users".

Legal basis for the processing of personal data

Below we inform you about the legal basis for the processing of personal data:

  1. If we have obtained your consent for the processing of personal data, Art. 6 para. 1 sentence 1 lit. a) DS-GVO is the legal basis.
  2. If the processing is necessary for the fulfilment of a contract or for the implementation of pre-contractual measures, which are carried out upon your request, Art. 6 para. 1 p. 1 lit. b) DS-GVO is the legal basis.
  3. If the processing is necessary for the fulfilment of a legal obligation to which we are subject (e.g. statutory retention obligations), Art. 6 (1) sentence 1 lit. c) DS-GVO is the legal basis.
  4. If the processing is necessary to protect the vital interests of the data subject or another natural person, the legal basis is Article 6(1)(d) of the GDPR.
  5. If the processing is necessary to protect our legitimate interests or the legitimate interests of a third party and your interests or fundamental rights and freedoms do not override this, then Art. 6 (1) sentence 1 lit. f) DS-GVO is the legal basis.

Disclosure of personal data to third parties and processors

As a matter of principle, we do not pass on any data to third parties without your consent. Should this nevertheless be the case, then the disclosure will be made on the basis of the previously mentioned legal grounds, e.g. in the case of the disclosure of data to online payment providers for the fulfilment of the contract or due to a court order or because of a legal obligation to hand over the data for the purpose of criminal prosecution, to avert danger or to enforce intellectual property rights.
We also use processors (external service providers e.g. for web hosting of our websites and databases) to process your data. If data is passed on to the processors as part of a contract processing agreement, this is always done in accordance with Art. 28 DS-GVO. In doing so, we select our processors carefully, monitor them regularly and have been granted a right to issue instructions regarding the data. In addition, the processors must have taken suitable technical and organisational measures and comply with the data protection regulations according to BDSG n.F. and DS-GVO.

Data transfer to third countries

The adoption of the European General Data Protection Regulation (GDPR) has created a uniform basis for data protection in Europe. Your data is therefore predominantly processed by companies to which the GDPR applies. However, if processing is carried out by services of third parties outside the European Union or the European Economic Area, these must meet the special requirements of Art. 44 et seq. GDPR. This means that the processing is carried out on the basis of special guarantees, such as the officially recognised determination by the EU Commission of a level of data protection corresponding to the EU or the observance of officially recognised special contractual obligations, the so-called "standard contractual clauses". For US companies, submission to the so-called "Privacy Shield", the data protection agreement between the EU and the USA, fulfils these requirements.

Deletion of data and storage period

Unless expressly stated in this data protection declaration, your personal data will be deleted or blocked as soon as the purpose for storing it no longer applies, unless its continued storage is necessary for evidence purposes or is contrary to statutory storage obligations. This includes, for example, retention obligations under commercial law for business letters according to § 257 para. 1 HGB (6 years) as well as retention obligations under tax law according to § 147 para. 1 AO for receipts (10 years). When the prescribed retention period expires, your data will be blocked or deleted unless the storage is still necessary for the conclusion or fulfilment of a contract.

Existence of automated decision making

We do not use automated decision making or profiling.

Provision of our website and creation of log files

  1. If you only use our website for informational purposes (i.e. no registration and no other transmission of information), we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data:
    - IP address;
    - Internet service provider of the user;
    - Date and time of retrieval;
    - Browsertyp;
    - Language and browser version;
    - Content of the retrieval;
    - Time zone;
    - Access status/HTTP status code;
    - Amount of data;
    - Websites from which the request comes;
    - Operating system.
    This data is not stored together with other personal data about you. 
  2. This data serves the purpose of user-friendly, functional and secure delivery of our website to you with functions and content as well as its optimisation and statistical evaluation. 
  3. The legal basis for this is our legitimate interest in data processing, which also lies in the above purposes, in accordance with Art. 6 (1) sentence 1 lit. f) DS-GVO. 
  4. For security reasons, we store this data in server log files for a storage period of 30 days. After this period, they are automatically deleted, unless we need to keep them for evidence purposes in the event of attacks on the server infrastructure or other legal violations.

Cookies

  1. We use so-called cookies when you visit our website. Cookies are small text files that your internet browser places and stores on your computer. When you call up our website again, these cookies emit information to automatically recognise you. The information obtained in this way is used to optimise our web offers technically and economically and to provide you with easier and more secure access to our website. When you access our website, we will inform you by means of a reference to our data protection declaration about the use of cookies for the aforementioned purposes and how you can object to this or prevent their storage ("opt-out"). Our website uses session cookies, persistent cookies and third-party cookies:

    • Session-Cookies: We use so-called cookies to recognise multiple use of an offer by the same user (e.g. if you have logged in to determine your login status). When you visit our site again, these cookies provide information to automatically recognise you. The information obtained in this way is used to optimise our offers and to provide you with easier access to our site. When you close the browser or log out, the session cookies are deleted.

    • Persistente Cookies: These are automatically deleted after a predefined period of time, which may differ depending on the cookie. You can delete the cookies at any time in the security settings of your browser.

    - Cookies from third-party providers (third-party cookies): According to your preferences, you can configure your browser settings and, for example, refuse to accept third-party cookies or all cookies. However, we would like to point out at this point that you may then not be able to use all the functions of this website. Read more about these cookies in the respective privacy statements of the third-party providers. 

  2. The legal basis for this processing is Art. 6 (1) sentence b) DS-GVO if the cookies are set to initiate a contract, e.g. for orders, and otherwise we have a legitimate interest in the effective functionality of the website, so that in this case Art. 6 (1) sentence 1 f) DS-GVO is the legal basis. 
  3. Objection and "Opt-Out": You can generally prevent cookies from being stored on your hard drive by selecting "do not accept cookies" in your browser settings. However, this may result in a functional restriction of our offers. You can prevent the use of cookies from third-party providers for advertising purposes via a so-called "opt-out" via this American website (https://optout.aboutads.info) or this European website (http://www.youronlinechoices.com/de/praferenzmanagement/) contradict.

Contact via contact form / e-mail / fax / post

  1. When contacting us via contact form, fax, post or e-mail, your details will be processed for the purpose of handling the contact request. 
  2. If you have given your consent, the legal basis for processing your data is Art. 6 (1) sentence 1 lit. a) DS-GVO. The legal basis for the processing of data transmitted in the course of a contact request or e-mail, letter or fax is Art. 6 para. 1 p. 1 lit. f) DS-GVO. The responsible party has a legitimate interest in processing and storing the data in order to be able to answer users' enquiries, to preserve evidence for liability reasons and, if necessary, to be able to comply with its statutory retention obligations for business letters. If the contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 p. 1 lit. b) DS-GVO. Translated with www.DeepL.com/Translator (free version) 
  3. We may store your details and contact request in our Customer Relationship Management System ("CRM System") or similar system. 
  4. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with you has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified. We store enquiries from users who have an account or contract with us until two years after termination of the contract. In the case of legal archiving obligations, deletion takes place after their expiry: end of commercial law (6 years) and tax law (10 years) retention obligation. 
  5. You have the option to revoke your consent to the processing of personal data at any time in accordance with Art. 6 para. 1 p. 1 lit. a) DS-GVO. If you contact us by e-mail, you can object to the storage of personal data at any time. 

Contact by telephone

  1. When contacting us by telephone, your telephone number will be processed and temporarily stored or displayed in the RAM / cache of the telephone device / display for the purpose of handling the contact request and its processing. The storage is done for liability and security reasons, in order to be able to keep the proof of the call as well as for economic reasons, in order to enable a callback. In the event of unauthorised advertising calls, we block the telephone numbers. 
  2. The legal basis for the processing of the telephone number is Art. 6 para. 1 sentence 1 lit. f) DS-GVO. If the contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b) DS-GVO. 
  3. The device cache stores the calls for 30 days and successively overwrites or deletes old data; when the device is disposed of, all data is deleted and the memory destroyed if necessary. Blocked telephone numbers are checked annually to see if they need to be blocked. 
  4. You can prevent the phone number from being displayed by calling with the phone number suppressed. 

Google Analytics

  1. We have integrated the website analysis tool "Google Analytics" (Google Ireland Limited, Register No.: 368047, Gordon House, Barrow Street, Dublin 4, Ireland) on our website. 
  2. When you visit our website, Google places a cookie on your computer in order to analyse your use of our website. The data obtained is transferred to the USA and stored there. If personal data should be transferred to the USA, Google's certification in accordance with the Privacy Shield agreement (https://www.privacyshield.gov/EU-US-Framework) the guarantee that European data protection law is complied with. 
  3. We have activated the IP anonymisation "anonymizeIP", which means that the IP addresses are only processed in a shortened form. On this website, your IP address is therefore shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. We have also activated the cross-device analysis of website visitors, which is carried out via a so-called user ID. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. The use of Google Analytics serves the purpose of analysing, optimising and improving our website. 
  4. The legal basis for this is our legitimate interest in data processing, which also lies in the above purposes, in accordance with Art. 6 (1) sentence 1 lit. f) DS-GVO. 
  5. The data sent by us and linked to cookies, user IDs (e.g. user ID) or advertising IDs are automatically deleted after months. The deletion of data whose retention period has been reached takes place automatically once a month. 
  6. You can find more information on Google Analytics data usage here: https://www.google.com/analytics/terms/de.html (Analytics Terms of Use), https://support.google.com/analytics/answer/6004245?hl=de (Privacy notices for Analytics) and Google's privacy statement https://policies.google.com/privacy. 
  7. Objection and "Opt-Out": You can generally prevent cookies from being stored on your hard drive by selecting "do not accept cookies" in your browser settings. However, this may result in a functional restriction of our offers. You can also prevent the collection of data generated by the cookie and related to your use of the website and the processing of this data by Google by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de 
  8. As an alternative to the above browser plugin, you can prevent Google Analytics from collecting data by selecting [__hier bitte__den Analytics Opt-Out Link Ihrer Webseite einfügen] click. By clicking, an "opt-out" cookie is set, which prevents the collection of your data when visiting this website in the future. This cookie only applies to our website and your current browser and only lasts until you delete your cookies. In this case, you would have to set the cookie again. 
  9. You can deactivate the cross-device user analysis in your Google account under "My data > Personal data". 

Google ReCAPTCHA

  1. We have integrated the anti-spam function "reCAPTCHA" from "Google" (Google Ireland Limited, Register No.: 368047, Gordon House, Barrow Street, Dublin 4, Ireland) on our website. By using "reCAPTCHA" in our forms, we can determine whether the input was made by a machine (robot) or a human. When using the service, your IP address and any other data required for this purpose may be transmitted to Google servers in the USA. 
  2. The purpose of processing this data is to prevent spam and abuse as well as our economic interest in optimising our website. 
  3. The legal basis for this is our legitimate interest in data processing, which also lies in the above purposes, in accordance with Art. 6 (1) sentence 1 lit. f) DS-GVO. 
  4. Google is certified under the Privacy Shield agreement (https://www.privacyshield.gov/EU-US-Framework). This ensures that European data protection law is complied with. 
  5. You can find more information about Google ReCAPTCHA at https://www.google.com/recaptcha/ and in Google's privacy policy at: https://policies.google.com/privacy. 

Google Maps

  1. We have integrated maps from "Google Maps" (Google Ireland Limited, Register No.: 368047, Gordon House, Barrow Street, Dublin 4, Ireland) on our website. This allows us to display the location of addresses and directions directly on our website in interactive maps and enables you to use this tool. 
  2. When you access our website where Google Maps is integrated, a connection is established to Google's servers in the USA. Your IP address and location may be transmitted to Google. Google also receives the information that you have accessed the corresponding page. This also takes place without a user account with Google. If you are logged into your Google account, Google can assign the above data to your account. If you do not wish this, you must log out of your Google account. Google creates user profiles from such data and uses this data for the purposes of advertising, market research or optimisation of its websites. 
  3. The legal basis for this is our legitimate interest in data processing, which also lies in the above purposes, in accordance with Art. 6 (1) sentence 1 lit. f) DS-GVO. 
  4. You have the right to object to Google creating user profiles. Please address this directly to Google via the privacy policy mentioned below. You can opt-out of advertising cookies here in your Google account:
    https://adssettings.google.com/authenticated. 
  5. In the terms of use of Google Maps under https://www.google.com/intl/de_de/help/terms_maps.html and in Google's advertising privacy policy at https://policies.google.com/technologies/ads you will find further information on the use of Google cookies and their advertising technologies, storage duration, anonymisation, location data, how they work and your rights. General privacy policy of Google: https://policies.google.com/privacy. 
  6. Google is certified under the EU-US Privacy Shield (https://www.privacyshield.gov/EU-US-Framework) and therefore obliged to comply with European data protection law. 

Rights of the data subject

  1. Objection or revocation against the processing of your data

    Insofar as the processing is based on your consent pursuant to Art. 6 para. 1 sentence 1 lit. a), Art. 7 DS-GVO, you have the right to revoke your consent at any time. This does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

    Insofar as we base the processing of your personal data on the balance of interests pursuant to Art. 6 (1) sentence 1 lit. f) DS-GVO, you may object to the processing. This is the case if the processing is not necessary, in particular, for the fulfilment of a contract with you, which is shown by us in each case in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will review the merits of the case and either cease or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing.

    You can object to the processing of your personal data for the purposes of advertising and data analysis at any time. You can exercise the right of objection free of charge. You can inform us of your objection to advertising using the following contact details:

    Flury Systems AG
    Elbringhausen 10
    42929 Wermelskirchen
    E-Mail-Adresse: info@flury-systems.ch
     

  2. Right to information
    You have the right to request confirmation from us as to whether personal data relating to you is being processed. If this is the case, you have the right to information about your personal data stored by us in accordance with Art. 15 DS-GVO. This includes, in particular, information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the origin of your data if it has not been collected directly from you.
     
  3. Right of rectification
    You have the right to have inaccurate data corrected or correct data completed in accordance with Art. 16 DS-GVO.
     
  4. Right to erasure
    You have the right to have your data stored by us deleted in accordance with Art. 17 DS-GVO, unless legal or contractual retention periods or other legal obligations or rights to further storage prevent this.
     
  5. Right to restriction
    You have the right to request a restriction in the processing of your personal data if one of the conditions in Art. 18 (1) a) to d) DS-GVO is met:
    - If you contest the accuracy of the personal data concerning you for a period of time which enables the controller to verify the accuracy of the personal data;

    - the processing is unlawful and you refuse to erase the personal data and instead request the restriction of the use of the personal data;

    - the controller no longer needs the personal data for the purposes of processing, but you need it for the assertion, exercise or defence of legal claims, or

    - if you have objected to the processing pursuant to Art. 21 (1) DS-GVO and it has not yet been determined whether the legitimate grounds of the controller outweigh your grounds.
     

  6. Right to data portability
    You have a right to data portability in accordance with Art. 20 DS-GVO, which means that you can receive the personal data we hold about you in a structured, common and machine-readable format or request that it be transferred to another controller.
     
  7. Right to complain
    You have the right to complain to a supervisory authority. As a rule, you can contact the supervisory authority for this purpose, in particular in the member state of your place of residence, your place of work or the place of the alleged infringement.
     

Data security

In order to protect all personal data transmitted to us and to ensure that the data protection regulations are complied with by us, but also by our external service providers, we have taken appropriate technical and organisational security measures. Therefore, among other things, all data between your browser and our server is transmitted encrypted via a secure SSL connection.

 

Stand: 26.04.2019

 

Source: Muster-Datenschutzerklärung von JuraForum.de

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