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Mo – Fr: 12:00 – 23:00 hrs
Sa – Su: 08:00 – 23:00 hrs
Telephone hours
10:00 – 21:00 hrs
WINDWERK AG
We are very delighted that you have shown interest in our enterprise.
Data protection is of a particularly high priority for the management of the Windwerk AG.
Our company is internationally oriented.
For this reason, we comply with both the provisions of the Swiss Federal Act on Data Protection – Data Protection Act (DSG) in the version of 25.09.2020 (BBl 2020, 7639) and its implementing ordinance (VDSG) as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 on the protection of natural persons with regard to the processing of personal data – General Data Protection Regulation (GDPR).
Insofar as we are subject to the scope of application of the GDPR with regard to you as a data subject, we comply with our duty to provide information in accordance with Art. 13 GDPR below.
If, on the other hand, we are subject to the scope of application of the FADP with regard to your person, we comply with our duty to provide information in accordance with Art. 13 FADP below.
In principle, it is possible to use the Windwerk AG website without providing any personal data.
However, if a data subject wishes to make use of special services of our company via our website, it may be necessary to process personal data.
If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the DPA, the VDSG and the GDPR.
By means of this privacy policy, our company wishes to inform the public about the type, scope and purpose of the personal data we collect, use and process.
Furthermore, data subjects are informed of their rights by means of this privacy policy.
As the controller, the Windwerk AG has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website.
Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed.
For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
1. Definitions
Windwerk AG’s privacy policy takes into account both the provisions of Swiss data protection law (DSG and VDSG) and European data protection law (DS-GVO).
For reasons of simplification and to maintain clarity, we have decided to integrate both legal systems into one document.
This Privacy Policy is therefore primarily based on the terminology used by the European legislator when adopting the GDPR, as it generally contains the stricter regulation in the event of discrepancies between Swiss and European law.
Where statutory provisions are cited, these citations include both the provisions of the GDPR and the DPA.
Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners in Switzerland and abroad.
To ensure this, we would like to explain the terminology used in advance.
We use the following terms, among others, in this privacy policy:
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”).
An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
According to Art. 3 f) FADP, however, profiling is any evaluation of data or personal data in order to analyze significant personal characteristics or predict developments, in particular with regard to work performance, economic situation, health, privacy or mobility.
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Controller or controller responsible for the processing within the meaning of the GDPR is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
According to Art. 3h FADP, the controller is a federal body or a private person who – alone or together with others – decides on the purposes, means and scope of the processing;
A processor within the meaning of the GDPR is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
According to Art. 3i FADP, a processor is a federal body or a private person that processes personal data on behalf of the controller
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not.
However, authorities that may receive personal data in the context of a specific investigation mandate under Union law, the law of the Member States or Swiss law are not considered recipients.
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and address of the controller pursuant to Art. 13 I a GDPR, Art. 13 sentence 2 a FADP
The controller within the meaning of the GDPR and the FADP is Windwerk AG Ohrbühlstrasse 21 CH-8404 Winterthur
Tel.: + 41 52 511 80 40 E-Mail: [email protected] Website: www.windwerk.ch
Please send any queries on the subject of data protection to the above postal address, e-mail address or call us on the above telephone number.
We have not appointed an internal data protection officer, as we are not obliged to do so under Art. 37 GDPR (e.g. in conjunction with Section 38 I BDSG) or Art. 25 VDSG.
3. Cookies
The Windwerk AG website uses cookies.
Cookies are text files that are placed and stored on a computer system via an Internet browser.
Numerous websites and servers use cookies.
Many cookies contain a so-called cookie ID.
A cookie ID is a unique identifier for the cookie.
It consists of a string of characters through which websites and servers can be assigned to the specific internet browser in which the cookie was stored.
This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies.
A specific Internet browser can be recognized and identified via the unique cookie ID.
Through the use of cookies, the Windwerk AG can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimized for the benefit of the user.
As already mentioned, cookies enable us to recognize the users of our website.
The purpose of this recognition is to make it easier for users to use our website.
For example, the user of a website that uses cookies does not have to re-enter their access data each time they visit the website because this is taken over by the website and the cookie stored on the user’s computer system.
Another example is the cookie for a shopping basket in an online store.
The online store remembers the items that a customer has placed in the virtual shopping cart via a cookie.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de
4. Collection of general data and information; purpose of collection
The website of the Windwerk AG collects a series of general data and information when a data subject or automated system calls up the website.
This general data and information is stored in the server log files.
The following can be recorded: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems.
When using these general data and information, the Windwerk AG does not draw any conclusions about the data subject.
Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack.
Therefore, the Windwerk AG analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process.
The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Registration on our website
The data subject has the option of registering on the controller’s website by providing personal data.
Which personal data is transmitted to the controller is determined by the respective input mask used for registration.
The personal data entered by the data subject is collected and stored exclusively for internal use by the controller and for the controller’s own purposes.
The controller may arrange for the data to be passed on to one or more processors, for example a parcel service provider, who will also use the personal data exclusively for internal use attributable to the controller.
Windwerk AG works in particular with communication, finance and technology partners.
By registering on the controller’s website, the IP address assigned by the data subject’s Internet service provider (ISP), the date and time of registration are also stored.
This data is stored against the background that this is the only way to prevent the misuse of our services and, if necessary, to make it possible to investigate criminal offenses committed.
In this respect, the storage of this data is necessary to safeguard the controller.
This data is not passed on to third parties unless there is a legal obligation to pass it on or it serves the purpose of criminal prosecution.
The registration of the data subject with voluntary provision of personal data serves the controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users.
Registered persons are free to change the personal data provided during registration at any time or to have it completely deleted from the controller’s database.
The right to erasure is subject to Art. 17 para.
3 GDPR.
If, at the time the right to erasure is asserted, the controller has an obligation or right to retain the data, the data subject may request the restriction of processing in accordance with Art. 18 GDPR.
The controller shall provide any data subject at any time upon request with information about what personal data is stored about the data subject.
Furthermore, the controller shall rectify or erase personal data at the request or indication of the data subject, insofar as this does not conflict with any statutory retention obligations.
6. Subscription to our newsletter
On the website of the Windwerk AG, users are given the opportunity to subscribe to our enterprise’s newsletter.
The input mask used for this purpose determines what personal data are transmitted to the controller when the newsletter is ordered.
The Windwerk AG informs its customers and business partners regularly by means of a newsletter about enterprise offers.
Our company’s newsletter can only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers to receive the newsletter.
For legal reasons, a confirmation e-mail is sent to the e-mail address entered by a data subject for the first time for the newsletter mailing using the double opt-in procedure.
This confirmation email is used to check whether the owner of the email address as the data subject has authorized the receipt of the newsletter.
When registering for the newsletter, we also store the IP address assigned by the Internet service provider (ISP) of the computer system used by the data subject at the time of registration, as well as the date and time of registration.
The collection of this data is necessary in order to be able to trace the (possible) misuse of a data subject’s e-mail address at a later date and therefore serves as legal protection for the controller.
The personal data collected when registering for the newsletter will be used exclusively to send our newsletter.
Furthermore, subscribers to the newsletter may be informed by e-mail if this is necessary for the operation of the newsletter service or a registration in this regard, as could be the case in the event of changes to the newsletter offer or changes to the technical circumstances.
The personal data collected as part of the newsletter service will not be passed on to third parties.
The subscription to our newsletter can be canceled by the data subject at any time.
The consent to the storage of personal data, which the data subject has given us for the newsletter dispatch, can be revoked at any time.
There is a corresponding link in every newsletter for the purpose of revoking consent.
It is also possible to unsubscribe from the newsletter at any time directly on the controller’s website or to inform the controller of this in another way.
7. Newsletter tracking
The Windwerk AG newsletters contain so-called tracking pixels.
A tracking pixel is a miniature graphic that is embedded in e-mails that are sent in HTML format to enable log file recording and log file analysis.
This allows a statistical evaluation of the success or failure of online marketing campaigns to be carried out.
Based on the embedded tracking pixel, the Windwerk AG may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the controller in order to optimize the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the data subject.
This personal data is not passed on to third parties.
Data subjects are entitled at any time to revoke the declaration of consent given in this regard via the double opt-in procedure.
After revocation, this personal data will be deleted by the controller.
The Windwerk AG automatically regards a withdrawal from the receipt of the newsletter as a revocation.
8. Contact option via the website; collection of personal data
Due to legal regulations, the Windwerk AG website contains information that enables quick electronic contact to our company and direct communication with us.
This includes our e-mail address.
If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored.
Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purposes of processing or contacting the data subject.
This personal data is not passed on to third parties.
9 Routine deletion and blocking of personal data
The controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage or as provided for by the GDPR or the FADP.
If the storage purpose no longer applies or if a statutory storage period expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
10. Rights of the data subject
Each data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed.
If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
Any person affected by the processing of personal data has the right to receive information from the controller at any time about the personal data stored about them and a copy of this information.
The data subject has a right of access to this personal data and to the following information:
Furthermore, the data subject has a right to information as to whether personal data has been transferred to a third country or to an international organization.
If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may contact the controller at any time.
Within the scope of application of the FADP, the request for information must be made in writing (Art. 20 para. 1 sentence 1 FADP).
The controller reserves the right to provide information to the data subject by email instead of a written response (Art. 29 para. 2 FADP).
Within the scope of application of the GDPR, the information must be provided within one month of receipt of the request (Art. 12 para. 3 GDPR).
Within the scope of application of the FADP, it must be provided within 30 days of receipt of the request (Art. 22 FADP).
The provision of information is subject to Art. 12 para.
5 GDPR and Art. 23 VDSG free of charge.
Any person affected by the processing of personal data has the right to demand the immediate correction of incorrect personal data concerning them.
Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.
Any person affected by the processing of personal data shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and insofar as the processing is not necessary:
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the controller, he or she may, at any time, contact the controller.
Where the controller has made the personal data public and is obliged pursuant to Art. 17 para.
1 GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy of, those personal data, as far as processing is not required.
e) Right to restriction of processing, Art. 18 GDPR
Any person affected by the processing of personal data has the right to obtain from the controller restriction of processing where one of the following applies:
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the controller, he or she may at any time contact the controller.
f) Right to data portability, Art. 20 GDPR, Art. 24 VDSG
Any person affected by the processing of personal data has the right to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format.
He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to Art. 6 para.
1 letter a GDPR or Art. 9 para.
2 letter a GDPR or on a contract pursuant to Art. 6 para.
1 letter b GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Art. 20 para.
1 GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject can contact the controller at any time.
Any person affected by the processing of personal data has the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) GDPR.
1 (e) or (f) of the GDPR.
This also applies to profiling based on these provisions.
The controller shall no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
If the controller processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing.
This also applies to profiling insofar as it is associated with such direct advertising.
If the data subject objects to the controller to the processing for direct marketing purposes, the controller will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the controller for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
1 GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may contact the controller.
The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.
Any person concerned by the processing of personal data has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and the controller or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to assert rights in relation to automated decisions, they can contact the controller at any time.
Any person affected by the processing of personal data has the right to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact the controller at any time.
11. Data protection for applications and in the application process
The controller collects and processes the personal data of applicants for the purpose of handling the application process.
Processing may also be carried out electronically.
This is particularly the case if an applicant submits relevant application documents to the controller by electronic means, for example by email or via a web form on the website.
If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of initiating and implementing the employment relationship in compliance with the statutory provisions.
If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, unless deletion conflicts with any other legitimate interests of the controller.
Other legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG) of the Federal Republic of Germany.
12. Plug-ins
Our website uses a number of technical solutions to improve the performance of the website and customer communication.
We will be happy to provide you with the plugins on request, please contact [email protected].
13. Legal basis of the processing, Art. 5f.
GDPR, Art. 23f.
DPA
Within the scope of the GDPR, data processing is only permitted if it is lawful, Art. 5 I a, Art. 6 GDPR.
In this respect, processing is only permissible if at least one of the following conditions is met:
Art. 6 I lit.
a GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose.
If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service or consideration, the processing is based on Art. 6 I lit.
b GDPR.
The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services.
If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit.
c GDPR.
In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person.
This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance details or other vital information would have to be passed on to a doctor, hospital or other third party.
In this case, the processing would be based on Art. 6 I lit.
d GDPR would apply.
Ultimately, processing operations could be based on Art. 6 I lit.
f of the GDPR.
Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail.
Within the scope of application of the FADP, the processing of personal data must not unlawfully infringe the personality of the data subject.
A violation of personality rights exists in particular:
a. if personal data are processed contrary to the principles set out in Articles 4-6 and 11;
b. if personal data is processed contrary to the express consent of the data subject;
c. if particularly sensitive personal data is disclosed to third parties;
d. by profiling without the express consent of the data subject.
As a rule, there is no violation of privacy if the data subject has made the personal data generally accessible and has not expressly prohibited its processing.
According to Art. 24 para.
1 FADP, a violation of personality rights is unlawful if it is not justified by the consent of the data subject, by an overriding private or public interest or by law.
14. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit.
f GDPR, our legitimate interest is customer satisfaction, optimal communication with our customers, the provision of customized services and, in general, the performance of our business activities for the benefit of all our employees and our shareholders.
15. Duration of the storage of personal data
The criterion for the duration of the storage of personal data is the respective statutory or contractual retention period.
After this period has expired, the corresponding data is routinely deleted, provided it is no longer required for the fulfillment or initiation of the contract.
16. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision pursuant to Art. 13 II e GDPR
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner).
Sometimes it may be necessary for a contract to be concluded for a data subject to provide us with personal data that must subsequently be processed by us.
For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them.
Failure to provide the personal data would mean that the contract with the data subject could not be concluded.
Before the data subject provides personal data, the data subject must contact our company.
We will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.
17. Existence of automated decision-making in accordance with Art. 13 II f GDPR
As a responsible company, we do not use automated decision-making or profiling.
18. Competitions
Use of data: The personal details of the participants will only be used for the implementation and purposes of the competition as described in the conditions of participation.
By participating, each participant agrees that his/her personal data, such as name and address, which may be transmitted in connection with participation in the competition, may be used by the organizer for statistical and advertising purposes.
The organizer undertakes to carefully manage the data obtained in connection with the implementation of the competition.
There is no guarantee that data transmitted electronically will not be viewed by third parties or lost.
Facebook competition: Competitions of this type are in no way connected to Facebook and are in no way sponsored, supported or organized by Facebook.
Facebook is not responsible for any of the content published as part of this promotion.
Any questions, comments or complaints about the competition should not be directed to Facebook, but to the person responsible.
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Status: 25.07.2024