privacy policy

Privacy policy of AVAXES GmbH

Version from 01.03.2019

Privacy Policy we, AVAXES GmbH (hereinafter AVAXES, we or us), explain how we collect and otherwise process personal data. This is not an conclusive description - other data privacy policies or general terms and conditions, conditions of participation and similar documents may regulate specific issues. Personal data is understood to be all information that relates to a specific or identifiable person.

If you provide us with personal data of other persons (e.g. family members, data of work colleagues), please ensure that these persons are aware of this Privacy Policy and only provide us with their personal data if you are allowed to do so and if the personal data is correct.

This privacy policy is aligned with the EU General Data Protection Regulation (GDPR). Although the GDPR is a regulation of the European Union, it is of relevance to us. The Swiss Data Protection Act (DPA) is heavily influenced by EU law, and companies outside the European Union or EEA must comply with the GDPR under certain circumstances.

1. Responsible person / Data protection officer / Representative

AVAXES (Bahnhofstrasse, CH-9100 Herisau) is responsible for the data processing we describe here, unless otherwise stated in individual cases. If you have any data protection concerns, you can communicate them to us at the following contact address: AVAXES GmbH, Bahnhofstrasse 4, CH-9100 Herisau, info@avaxes.com.

Our representative in the EEA according to Art. 27 DSGVO is

AVAXES GmbH Mr Zeljko Milic Bahnhofstrasse 4 CH-9100 Herisau milic.z@avaxes.com

2. Collection and Processing of Personal Data

We primarily process the personal data that we receive from our customers and other business partners in the course of our business relationship with them and other persons involved in this relationship or that we collect from their users when operating our websites, apps and other applications.

To the extent permitted, we also take certain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, Internet) or receive such data from authorities and other third parties (such as credit agencies, address dealers). In addition to the data about you that you give us directly, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we learn in connection with official and legal proceedings, information in connection with your professional functions and activities (e.g. so that we can conclude and process transactions with your employer with your help), information about you in correspondence and meetings with third parties, credit rating information (insofar as we process transactions with you personally), information about you that people close to you (family, advisors, legal representatives, etc.) provide to us so that we can conclude or process contracts with you or involving you (e.g. References, your address for deliveries, powers of attorney, information on compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners of ours on the use or provision of services by you (e.g. payments made, purchases made), information from the media and Internet about you (where this is appropriate in the specific case, e.g. in the context of a job application, press releases, etc.). e.g. in the context of an application, press review, marketing/sales, etc.), your addresses and, if applicable, interests and other sociodemographic data (for marketing), data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of visit, pages and content accessed, functions used, referring website, location information).

3. purposes of data processing and legal basis

We use the personal data we collect primarily to enter into and process our contracts with our customers and business partners, such as, in particular, within the context of AVAXES' services (website creation, web development, e-archiving, prefabricated solutions, project maintenance, mobile app development) with our customers and the purchase of products and services from our suppliers and subcontractors, as well as to comply with our legal obligations at national and international level. If you work for such a customer or business partner, you may of course also be affected in this capacity with your personal data.

In addition, we also process personal data of you and other persons, as permitted and as we see appropriate, for the following purposes, in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose:

Offering and further development of our offers, services and websites, apps and other platforms on which we are present
Communication with third parties and processing of their requests (e.g. applications, media requests)
Review and optimization of demand analysis procedures for the purpose of direct customer contact as well as collection of personal data from publicly available sources with the aim of customer acquisition
Advertising and marketing (including the execution of events), insofar as you have not objected to the use of your data (if we send you advertising as an existing customer of ours, you can object to this at any time, we will then put you on a blocking list against further advertising mailings)
Market and opinion research, media monitoring
Assertion of legal claims and defense in connection with law suits and governmental proceedings
Prevention and investigation of criminal offenses and other malpractices (e.g., conducting internal investigations, data analysis to counter fraud)
Guarantees of our operations, especially IT, our websites, apps and other platforms
Video surveillance to maintain house regulations and other measures for IT, building and facility security and protection of our employees and other persons and assets belonging to or trustworthy to us (such as access controls, visitor lists, network and mail scanners, call recordings)
Acquisition and divestment of business units, companies or parts of companies and other transactions under company law and the related transfer of personal data, as well as measures for business management and to the extent necessary to comply with legal and regulatory obligations and internal regulations of AVAXES.

Insofar as you have given us consent to process your personal data for certain purposes (for example, when you register to receive newsletters or carry out a background check), we process your personal data within the context of and based on this consent, insofar as we have no other legal basis and we do not require such a legal basis. Consent given can be withdrawn at any time, but this has no effect on data processing that has already taken place.

4. Cookies / tracking and other technologies related to the use of our website

We typically use 'cookies' and similar technologies on our websites and apps to identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you are using when you visit our website or install our app. If you visit this website again or use our app, we can recognize you this way, even if we do not know who you are. In addition to cookies that are only used during a session and deleted after your website visit ('session cookies'), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) ('permanent cookies'). However, you can set your browser to reject cookies, store them for one session only, or otherwise delete them in advance. Most browsers are preset to accept cookies. We use persistent cookies to remember user preferences (e.g., language, autologin), to help us better understand how you use our offerings and content, and to provide you with customized offers and advertisements (which may also occur on other companies' websites, but we will not tell them who you are, if we even know, because they will only see that the same user is on their site who was on a particular page on ours). Some of the cookies are set by us, and some are set by contractors with whom we work. If you block cookies, certain functionalities (such as language selection, shopping cart, ordering processes) may no longer work.

We also include visible and invisible image elements in our newsletters and other marketing emails in some cases and where we are allowed to do so. By retrieving these from our servers, we can determine if and when you have opened the email so that we can also measure and better understand how you use our offers and personalize them to you.You can block this in your email program. Most are preset so that you do this.

By using our websites, apps and consenting to receive newsletters and other marketing emails, you agree to the use of these techniques. If you do not want this, you must set your browser or email program accordingly, or uninstall the app if this cannot be adjusted through the settings.

We sometimes use Google Analytics or similar services on our websites. This is a service provided by third parties that may be located in any country in the world (in the case of Google Analytics, it is Google LLC in the USA, www.google.com), with which we can measure and evaluate the use of the website (not on a personal basis). Permanent cookies set by the service provider are also used for this purpose. The service provider does not receive any personal data from us (and does not retain any IP addresses), but can track your use of the website, combine this information with data from other websites that you have visited and which are also tracked by the service provider, and use these findings for its own purposes (e.g. steering advertising). If you have registered with the service provider yourself, the service provider also knows you. The processing of your personal data by the service provider then takes place under the responsibility of the service provider in accordance with its data protection provisions. The service provider only informs us how our respective website is used (no information about you personally).

We also use socalled plug-ins from social networks such as Facebook, Twitter, YouTube, Google+, Pinterest or Instagram on our websites. This is visible to you in each case (typically through corresponding icons). We have configured these elements so that they are disabled by default. If you activate them (by clicking on them), the operators of the respective social networks can register that you are on our website and where and can use this information for their purposes. The processing of your personal data is then the responsibility of this operator according to its data protection regulations. We do not receive any information about you from them.

5. Data transfer and data transmission abroad

Within the range of our business activities and the purposes according to section 3, we also share data with third parties, as far as it is permitted and appears to us to be appropriate, either because they process it for us or because they want to use it for their own purposes. This concerns in particular the following entities:

Service providers of us (within AVAXES as well as externally, such as banks, insurance companies), including order processors (such as IT providers)

Dealers, suppliers, subcontractors and other business partners

Customers

domestic and foreign agencies, offices or courts

Media

The public, including website and social media visitors

Competitors, industry organizations, associations, organizations and other bodies

Acquirers of or parties interested in acquiring business units, companies or other parts of AVAXES.

other parties in possible or actual legal proceedings

Other AVAXES companies

all common recipients.

These recipients are partly domestic, but may be anywhere in the world. In particular, you must expect the transfer of your data to all countries in which AVAXES is represented by group companies, branches or other offices (www.avaxes.com/contact), as well as to other countries in Europe and the USA where the service providers we use are located (such as Microsoft, Google, JIRA, Amazon, Sage). If we transfer data to a country without adequate legal data protection, we ensure an adequate level of protection as provided by law by using appropriate contracts (namely on the basis of the so-called standard contractual clauses of the European Commission, which can be accessed here, here and here) or so-called Binding Corporate Rules or rely on the legal exceptions of consent, contract performance, the establishment, exercise or enforcement of legal claims, overriding public interests, published personal data or because it is necessary to protect the integrity of the data subjects. You may obtain a copy of the aforementioned contractual safeguards at any time from the contact person listed in Section 1, to the extent not available at the link provided above. However, we reserve the right to black out copies for reasons of data protection or confidentiality or to supply only partial copies.

6. Duration of the preservation of personal data

We process and keep your personal data as long as it is necessary for the fulfillment of our contractual and legal obligations or otherwise the purposes pursued with the processing, i.e., for example, for the duration of the entire business relationship (from the initiation, processing to the termination of a contract) and beyond that in accordance with the statutory preservation and documentation obligations. In this context, it is possible that personal data will be retained for the time during which claims can be raised against our company and insofar as we are otherwise legally obliged to do so or legitimate business interests require this (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted or made anonymous as a matter of principle and as far as possible. For operational data (e.g. system logs, logs), shorter preservation periods of twelve months or less apply in principle.

7. Data Security

We take appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse, such as issuing instructions, training, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, pseudonymization, controls.

8. Obligation to provide personal data

In the context of our business relationship, you must provide those personal data that are necessary for the establishment and implementation of a business relationship and the fulfillment of the associated contractual obligations (you usually do not have a legal obligation to provide us with data). Without this data, we will generally not be able to enter into or perform a contract with you (or the entity or person you represent). Also, the website cannot be used if certain traffic-securing information (such as IP address) is not disclosed.

9. Profiling and automated decision making

We process your personal data partly automatically with the aim of evaluating certain personal aspects (profiling). We use profiling in particular to be able to inform and advise you about products in a focused manner. In doing so, we use evaluation tools that enable us to provide needs-based communication and advertising, including market and opinion research.

As a matter of principle, we do not use fully automated automatic decision making (as stipulated in Art. 22 DSGVO) for the establishment and execution of the business relationship or otherwise. Should we use such procedures in individual cases, we will inform you separately, provided this is required by law and inform you of the rights associated with this.

10. Data subject rights

Within the context of the data protection law applicable to you and insofar as provided therein (such as in the case of the GDPR), you have the right to information, correction, deletion, the right to restrict data processing and otherwise to object to our data processing as well as to the surrender of certain personal data for the purpose of transfer to another body (so-called data portability). Please note, however, that we reserve the right to enforce the restrictions provided for by law, for example if we are obliged to retain or process certain data, if we have an overriding interest in doing so (insofar as we are entitled to rely on this) or if we require the data in order to raise a claim. If you incur costs, we will inform you in advance. We have already informed you about the possibility of withdrawing your consent in section 3. Please note that the exercise of these rights may conflict with contractual agreements and may have consequences such as the premature termination of the contract or cost consequences. We will inform you in advance if this is not already contractually regulated.

The exercise of such rights usually requires that you clearly prove your identity (e.g. by means of a copy of your ID card, where your identity is otherwise not clear or cannot be verified). To exercise your rights, you can contact us at the address given in section 1.

In addition, every data subject has the right to enforce his or her claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch).

11. Changes

We may adjust this privacy policy at any time without prior notice. The current version published on our website is valid in each case. Insofar as the data protection declaration is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.