Data privacy

In this privacy policy, we provide information about what personal data we process in connection with our activities and operations, including our holinger.com website. In particular, we provide information about why, how and where we process personal data. We also provide information about the rights of individuals whose data we process.

 

Additional privacy statements and other legal documents, such as General Terms and Conditions, Terms of Use or Terms of Participation, may apply to specific or additional activities and operations.

 

We are subject to Swiss Data Protection Law as well as any applicable foreign data protection law, in particular that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognises that Swiss Data Protection Law provides an adequate level of data protection.

 

1. Contact addresses

 

Responsibility for the processing of personal data:

 

 

Andreas Borer CEO

HOLINGER AG

Galmsstrasse 4

CH-4410 Liestal

+41 61 926 23 23

 

info@holinger.com

 

We would like to draw your attention to the fact that in some cases there may be other controllers of the processing of personal data.

 

2. Terms and legal basis

 

2.1 Definitions

 

Personal data is any information relating to an identified or identifiable natural person. A data subject is a person about whom we process personal data.

 

Processing includes any handling of personal data, regardless of the means and procedures used, such as retrieving, comparing, adapting, archiving, storing, reading, disclosing, obtaining, collecting, recording, erasing, transferring, organising, storing, altering, disseminating, interconnecting, destroying and using personal data.

 

The European Economic Area (EEA) comprises the Member States of the European Union (EU) plus the Principality of Liechtenstein, Iceland and Norway. The General Data Protection Regulation (GDPR) refers to the processing of personal data as the processing of data relating to a certain person.

 

2.2 Legal basis

 

We process personal data in accordance with Swiss Data Protection legislation, in particular the Federal Data Protection Act (DSG) and the Ordinance on Data Protection (DSV).

 

If and to the extent that the General Data Protection Regulation (GDPR) is applicable, we process personal data in accordance with at least one of the following:

 

  • Art. 6.1.b GDPR for the necessary processing of personal data for the fulfilment of a contract with the data subject and for the implementation of pre-contractual measures.
  • Art. 6.1.f GDPR for the necessary processing of personal data to protect the legitimate interests of us or third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests are, in particular, our interest in being able to carry out our activities and operations in a permanent, user-friendly, secure and reliable manner and to communicate about them, to ensure information security, to protect against misuse, to enforce our own legal claims and to comply with Swiss law.
  • Art. 6.1.c GDPR for the necessary processing of personal data to fulfil a legal obligation to which we are subject under the applicable law of the member states of the European Economic Area (EEA).
  • Art. 6.1.e GDPR for the necessary processing of personal data for the performance of a task carried out in the public interest.
  • Art. 6.1.a GDPR for the processing of personal data with the consent of the data subject.
  • Art. 6.1.d GDPR for the necessary processing of personal data to protect the vital interests of the data subject or another natural person.

 

3. Nature, scope and purpose

 

We process the personal data necessary to carry out our activities and operations in a permanent, user-friendly, secure and reliable manner. Such personal data may fall into the categories of inventory and contact data, browser and device data, content data, meta or peripheral data and usage data, location data, sales data and contractual and payment data.

 

We process personal information for as long as necessary for the purpose(s) for which it is collected or as required by law. Personal data that no longer needs to be processed will be anonymised or deleted.

 

We may outsource the processing of personal data to third parties. We may process personal data jointly with third parties or transfer it to third parties. Such third parties are, in particular, specialist providers whose services we use. We also guarantee data protection for these third parties.

 

We only process personal data with the consent of the data subject. If and to the extent that processing is permitted for other legal reasons, we may refrain from obtaining consent. For example, we may process personal data without consent in order to perform a contract, to comply with legal obligations or to protect overriding interests.

 

In particular, we process information that a data subject voluntarily provides to us when contacting us - for example, by post, email, instant messaging, contact form, social media or telephone - or when registering for a user account. We may store such information in, for example, an address book, a customer relationship management system (CRM system) or similar tools. Where we receive information about other individuals, the individuals providing the information are required to ensure the privacy of those individuals and to ensure the accuracy of that personal information.

 

We also process personal data that we receive from third parties, that we obtain from publicly available sources or that we collect in the course of our activities and operations, if and to the extent that such processing is permitted by law.

 

4. Applications

 

We process personal data about applicants to the extent necessary to assess their suitability for employment or for the subsequent performance of an employment contract. The personal data required is derived in particular from the information requested, for example in connection with a job advertisement. We also process personal data that applicants voluntarily provide or publish, in particular as part of cover letters, CVs and other application documents as well as online profiles.

 

We process - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - personal data of applicants, in particular in accordance with Art. 9.2.b GDPR.

 

We may allow candidates to add their details to our talent pool to be considered for future vacancies. We may also use such information to maintain contact and provide updates. If we believe that a candidate is suitable for a vacancy based on the information provided, we may notify the candidate accordingly.

 

We use third party services to advertise vacancies via e-recruitment and to enable and manage applications.

 

5. Personal data abroad

 

We generally process personal data in Switzerland and the European Economic Area (EEA). However, we may export or transfer personal data to other countries, in particular to process or have it processed there.

 

We may export personal data to all countries and territories on earth and elsewhere in the universe, provided that the law there guarantees an adequate level of data protection in accordance with the decision of the Swiss Federal Council and, if and insofar as the General Data Protection Regulation (GDPR) is applicable, in accordance with the decision of the European Commission​​​​.

 

We may transfer personal data to countries whose laws do not provide an adequate level of data protection, provided that data protection is otherwise ensured, in particular on the basis of standard data protection clauses or other appropriate guarantees. Exceptionally, we may export personal data to countries without adequate or appropriate data protection if the specific data protection requirements are met, such as the explicit consent of the data subjects or a direct connection with the conclusion or performance of a contract. We will be happy to inform individuals of any safeguards or provide a copy of any safeguards upon request.

 

6. Rights of dara subjects

 

6.1 Data protection rights

 

We grant data subjects all the rights under applicable data protection law. In particular, data subjects have the following rights:

 

  • Information: Data subjects may request information as to whether we are processing personal data about them and, if so, what personal data is involved. Data subjects will also receive the information necessary to exercise their data protection rights and to ensure transparency. This includes the personal data processed as such, but also information about the purposes of the processing, the retention period, any transfer or export of the data to other countries and the origin of the personal data.
  • Correction and restriction: Data subjects may have inaccurate personal data corrected, incomplete data completed and the processing of their data restricted.
  • Erasure and objection: Data subjects can have their personal data erased ("right to be forgotten") and object to the processing of their data with effect for the future.
  • Access and transfer: Data subjects may request the disclosure of personal data or the transfer of their data to another controller.

 

We may postpone, restrict or deny the exercise of data subjects' rights to the extent permitted by law. We may inform data subjects of any requirements that must be met in order to exercise their rights under data protection law. For example, we may refuse to provide information in whole or in part on the basis of commercial confidentiality or the protection of others. For example, we may also refuse to delete all or part of personal data on the basis of legal retention obligations.

 

In exceptional cases, we may charge a fee for exercising our rights. We will inform individuals of any costs in advance.

 

We are required to take reasonable steps to identify data subjects who request information or assert other rights. Data subjects are required to cooperate. If you wish to exercise your rights, please contact us at the address given in Section 1.

 

6.2 Right to lodge a complaint

 

Data subjects have the right to enforce their data protection rights by legal means or to lodge a complaint with a competent data protection authority.

 

The data protection supervisory authority for private controllers and federal bodies in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

 

Data subjects have the right, if and insofar as the General Data Protection Regulation (GDPR) applies, to lodge a complaint with a competent European data protection supervisory authority.

 

7. Data security

 

We take appropriate technical and organisational measures to ensure data security commensurate with the risk. However, we cannot guarantee absolute data security.

 

Our website is accessed using transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers indicate transport encryption with a padlock in the address bar.

 

Our digital communications - like all digital communications - are subject to mass surveillance without cause or suspicion and other monitoring by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We have no direct control over the processing of personal data by intelligence services, police forces and other security authorities.

 

8. Use of the Website

 

8.1 Cookies

 

We may use cookies. Cookies - both our own cookies (first-party cookies) and cookies from third parties whose services we use (third-party cookies) - are data that are stored in the browser. Such stored data is not limited to traditional text cookies.

 

Cookies can be stored in the browser temporarily as "session cookies" or for a certain period of time as "permanent cookies". "Session cookies are automatically deleted when the browser is closed. Permanent cookies are stored for a specific period of time. In particular, cookies make it possible to recognise a browser the next time it visits our website and thus, for example, to measure the reach of our website. Persistent cookies can also be used for online marketing purposes.

 

Cookies can be completely or partially disabled and deleted at any time in the browser settings. Without cookies, our website may not be fully available. We actively seek your express consent to the use of cookies - at least when and to the extent necessary.

 

8.2 Server Log Files

 

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

 

We store this information, which may include personal information, in server log files. This information is required to ensure that our website is always available, user-friendly and reliable, and to ensure data security and, in particular, the protection of personal data, even by third parties or with the help of third parties.

 

8.3 Tracking pixels

 

We may use web beacons on our website. These are also known as web beacons. Tracking pixels - including those from third parties whose services we use - are small, usually invisible images that are automatically retrieved when you visit our website. Web beacons can be used to collect the same information as server log files.

 

9. Notifications and messages

 

We send notifications and messages by email and other communication channels such as instant messaging or SMS.

 

9.1 Measuring success and reach

 

Alerts and messages may contain web links or tracking pixels that record whether an individual message has been opened and which web links have been clicked. Such web beacons and tracking pixels may also record the use of alerts and messages on an individual basis. We need this statistical tracking of usage to measure success and reach in order to send notifications and messages in an effective, user-friendly, persistent, secure and reliable manner based on the needs and reading habits of the recipients.

 

9.2 Consent and opt-out

 

You will always be required to give your explicit consent to the use of your email address and other contact addresses, unless such use is permitted for other legal reasons. Wherever possible, we will use the "double opt-in" process to obtain consent, i.e. you will receive an email with a web link that you must click to confirm, to prevent misuse by unauthorised third parties. We may log such consents, including the IP address, date and time, for evidence and security purposes.

 

You may at any time object to receiving notifications and communications such as newsletters. Such an objection may also include an objection to the statistical recording of usage for the purpose of measuring success and reach. We reserve the right to send necessary notices and communications in connection with our activities and operations.

 

10. Social Media

 

We are present on social media platforms and other online platforms to communicate with interested parties and provide information about our activities and operations. In connection with such platforms, personal data may be processed outside Switzerland and the European Economic Area (EEA).

 

The general terms and conditions, terms of use, privacy statements and other provisions of the individual operators of such platforms also apply. In particular, these provisions provide information about the rights of data subjects directly vis-à-vis the respective platform, including, for example, the right to information.

 

We are jointly responsible with Meta Platforms Ireland Limited (Ireland) for our social media presence on Facebook, including the so-called Page Insights - if and to the extent that the General Data Protection Regulation (GDPR) is applicable. Meta Platforms Ireland Limited is part of the Meta group of companies (including in the USA). Page Insights provide information about how visitors interact with our Facebook presence. We use Page Insights to help us manage our social media presence on Facebook in an effective and user-friendly way.

 

You can find more information about the nature, scope and purpose of the data processing, information about the rights of data subjects and the contact details of Facebook and the Facebook Data Protection Officer in the Facebook Privacy Policy. We have entered into the so-called "Controller Addendum" with Facebook, in particular agreeing that Facebook is responsible for ensuring the rights of data subjects. For Page Insights, the relevant information can be found on the "Page Insights Information" page, including "Page Insights Data Information".

 

11. Third party services

 

We use the services of specialised third parties in order to carry out our activities and operations in a continuous, user-friendly, secure and reliable manner. Among other things, we may use such services to embed features and content into our website. In the case of such embedding, the services used collect the IP addresses of users, at least temporarily, for technically compelling reasons.

 

For necessary security, statistical and technical purposes, third parties whose services we use may process data in connection with our activities and operations in aggregated, anonymous or pseudonymised form. This includes, for example, performance or usage data in order to be able to provide the relevant service.

 

In particular, we use:

 

 

11.1 Digital Infrastructure

 

We use the services of specialised third parties to provide the digital infrastructure necessary for our activities and operations. This includes, for example, hosting and storage services from selected providers.

 

In particular, we use:

 

 

11.2 Audio and Video Conferencing

 

We use specialised audio and video conferencing services to communicate online. For example, we may use them to hold virtual meetings or to conduct online classes and webinars. Participation in audio and video conferences is also subject to the legal texts of the individual services, such as privacy statements and terms of use.

 

Depending on your circumstances, we recommend that you mute your microphone by default when participating in audio or video conferences and blur the background or display a virtual background.

 

In particular, we use:

 

 

11.3 Maps

 

We use third party services to embed maps on our website.

 

In particular, we use:

 

 

11.4 Digital Audio and Video Content

 

We use services from specialist third parties to enable direct playback of digital audio and video content such as music or podcasts.

 

In particular, we use:

 

 

12. Final provisions

 

We have created this Privacy Policy using “Datenschutzpartner's Privacy Generator”.

 

We may change or amend this Privacy Policy at any time. We will notify you of such changes and additions in a reasonable manner, including by posting the current Privacy Policy on our website.