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This Privacy Policy expounds on the nature, scope and purpose of the processing of personal data (“data”) within our website and associated websites, their functions and content as well as external online presence such as our social media profile (“online offering”). With regard to the terms used, such as “processing” or “controller”, we refer you to the definitions listed under Art. 4 of the General Data Protection Regulation (GDPR).
Controller
HERTEX AG Oststrasse 8 8500 Frauenfeld Switzerland Tel. +41 52 721 40 55 E-Mail info[at]hertex.ch Link to the Legal Notice
Visitors and users of the website (“users”).
“Personal data” means any information relating to an identified or identifiable natural person (“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 (e.g., a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. ”Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The scope of the term is very broad and applies to virtually all handling of data.
„”Pseudonymisation” means 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 organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
“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 analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
“Controller” means the natural or legal person, public authority, agency or other body which, individually or jointly with others, determines the purposes and means of the processing of personal data.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
In accordance with Art. 13 GDPR, we inform you about the legal bases of our data processing. If the legal bases are not mentioned in the Privacy Policy, the following shall apply: The legal basis for obtaining consent is Art. 6 (1) (a) and Art. 7 GDPR. The legal basis for processing for the purpose of fulfilling our services and carrying out contractual measures as well as for answering enquiries is Art. 6 (1) (b) GDPR. The legal basis for processing for the purpose of fulfilling our legal obligations is Art. 6 (1) (c) GDPR. The legal basis for processing for the purpose of safeguarding our legitimate interests is Art. 6 (1) (f) GDPR. In the event that vital interests of data subjects or another natural persons make processing of personal data necessary, Art. 6 (1) (d) GDPR shall serve as the legal basis.
In accordance with Art. 32 GDPR, we use appropriate technical and organisational measures to ensure a level of protection commensurate with the risk, taking into account the state of the art, the implementation costs and the nature, extent, circumstances and purpose of the processing, as well as the varying likelihood of the occurrence and severity of the risk to the rights and freedoms of natural persons. These measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access to the input, transmission, safeguarding and separation of the data. In addition, we have established procedures to ensure the exercise of the rights of data subjects, deletion of data and the response to data threats. Furthermore, we already take the protection of personal data into account during the development or selection of hardware, software and processes in accordance with the principle of data protection through technological design and through data protection-friendly default settings (Art. 25 GDPR).
Insofar as we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transfer data to them, or otherwise grant them access to the data, this shall only occur on the basis of legal permission (e.g., if a transfer of the data to third parties, such as through payment service providers, pursuant to Art. 6 (1) (b) GDPR, is necessary for the performance of the contract), provided that you have consented to this, if a legal obligation provides for this, or on the basis of our legitimate interests (e.g., when using agents, web hosts, etc.). Insofar as we commission third parties with the processing of data on the basis of a so-called “contract processing agreement”, this shall be done on the basis of Art. 28 GDPR.
If we process data in a non-member country (i.e., outside the European Union (EU) or the European Economic Area (EEA)), or if this is done within the scope of the use of third-party services or the disclosure or transfer of data to third parties, this shall only occur if it is done to fulfil our (pre)contractual obligations on the basis of the data subject’s consent, a legal obligation or in our legitimate interests. Subject to legal or contractual permissions, we process or allow the data to be processed in a non-member country only if the special requirements of Art. 44 ff. GDPR are met. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (for example, the “Privacy Shield” for the US) or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).
In accordance with Art. 15 GDPR, you have the right to request confirmation as to whether the data in question will be processed and to request access to this data, further information and a copy of the data. In accordance with Art. 16 GDPR, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you. You have the right in accordance with Art. 17 GDPR to demand that data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to demand the restriction on the processing of the data. In accordance with Art. 20 GDPR, you have the right to request that the data in question which you have provided to us is made available to you and that this data be transferred to other controllers. Furthermore, in accordance with Art. 77 GDPR, you have the right to submit a complaint to the competent supervisory authority.
In accordance with Art. 7 (3) GDPR, you have the right to withdraw your consent with future effect.
In accordance with Art. 21 GDPR, you have the right at any time to object to the future processing of the data in question. The objection can take place in particular against the processing for purposes of direct advertising.
“Cookies” are small files that are stored on the user’s computer. Various data can be stored within the cookies. A cookie is primarily used to store information regarding a user (or the device on which the cookie is stored) during or after the user’s visit to a website. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves a website and closes his or her browser. The contents of a shopping basket in an online shop or login status, for example, can be stored in such a cookie. Cookies that are stored even after the browser is closed are referred to as “permanent” or “persistent” cookies. Tthis allows, for example, the login status to be stored for when users visit the website again several days later. The user’s preferences, which are used to measure reach or for marketing purposes, can also be stored in such a cookie. “Third party cookies” are cookies that are offered by providers other than the person responsible for operating the website. If the cookies exclusively belong to the provider, they are referred to as “first party cookies”. We may use temporary and permanent cookies and explain their use within the scope of our Privacy Policy. If users do not wish cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser’s settings. Stored cookies can be deleted in the browser’s settings. The disabling of cookies can lead to functional impairment of this website. A general objection to the use of cookies used for online marketing purposes can be lodged for a large number of services, in particular in the case of tracking, through the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. In addition, the storage of cookies can be deactivated in the browser settings. Please note that in this case not all functions of this website will be available.
The data processed by us will be deleted or restricted by us in accordance with Art. 17 and Art. 18 GDPR. Unless expressly provided in this Privacy Policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no legal obligations to retain it. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons. Pursuant to legal requirements in Germany, the storage occurs in particular for 10 years in accordance with Art. 147 (1) of the German Fiscal Code (AO), Art. 257 (1) Nos. 1 and 4, (4) of the German Commercial Code (HGB) (books, recordings, management reports, accounting records, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with Art. 257 (1) Nos. 2 and 3, (4) HGB (commercial correspondence). In accordance with legal requirements in Austria, the storage occurs in particular for 7 years in accordance with Art. 132 (1) of the Austrian Fiscal Code (BAO) (accounting documents, receipts/invoices, accounts, statements, business papers, statements of income and expenditure, etc.), for 22 years in the case of real estate and for 10 years in the case of documents relating to electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini One Stop Shop (MOSS) is used.
We process data in the course of administrative activities as well as the organisation of our business, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process within the scope of providing our contractual services. The basis for processing is Art. 6 (1) (c) GDPR and Art. 6 (1) (f) GDPR. Customers, interested parties, business associates and website visitors are subject to the processing. The purpose of the processing and our interest therein lies in the administration, financial accounting, business organisation, archiving of data, i.e., tasks which serve to maintain our business activities, to carry out our obligations and provide our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the details stated for these processing activities. For this purpose, we disclose or transmit data to financial authorities, consultants such as tax advisors or auditors, as well as other fee collectors and payment service providers. Furthermore, we store information on suppliers, organisers, and other business partners based on our business interests, e.g., for the purpose of contacting them at a later date. This data, which is predominantly company-related, is stored permanently.
In order to operate our business efficiently, to identify market trends and the needs of contractual partners and users, we analyse the data available to us concerning business transactions, contracts, enquiries, etc. In doing so, we process inventory data, communication data, contract data, payment data, usage data, and metadata on the basis of Art. 6 (1) (f) GDPR, whereby the data subjects include contractual partners, interested parties, customers, visitors and users of our website. The analyses are carried out for the purpose of business assessments, marketing and market research. The profiles of the registered users may be analysed, such as the services they used, for example. The analyses allow us to increase user friendliness, optimise our services and improve business efficiency. The analyses are solely for our use and are not disclosed externally unless they are anonymous analyses with aggregate values. Insofar as these analyses or profiles are of a personal nature, they will be deleted or anonymised upon user termination, otherwise after two years from the conclusion of the contract. In all other respects, the macroeconomic analyses and general trend determinations shall be prepared anonymously wherever possible.
We process job application data only for the purpose and as part of the application process in accordance with statutory requirements. The processing of the applicant data is carried out to fulfil our (pre)contractual obligations within the scope of the application procedure within the meaning of Art. 6 (1) (b) GDPR and Art. 6 (1) (f) GDPR, insofar as processing of data becomes necessary for us, e.g., within the scope of legal proceedings (in Germany, Art. 26 of the German Federal Data Protection Act (BDSG) additionally applies). The application process requires that applicants provide us with their data. If we provide an online form, the required applicant data is labelled, otherwise, it arises out of the job descriptions and generally includes personal details, postal and contact addresses and the documents associated with the application such as a cover letter, curriculum vitae and certificates. In addition, applicants may voluntarily provide us with additional information. By submitting their application to us, applicants consent to the processing of their data for the purposes of the application procedure in accordance with the nature and scope set out in this Privacy Policy. Insofar as special categories of personal data within the meaning of Art. 9 (1) GDPR are voluntarily communicated within the scope of the application process, their processing is additionally carried out in accordance with Art. 9 (2) (b) GDPR (e.g., health data, such as severely disabled status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 (1) GDPR are requested from applicants within the scope of the application process, their processing is additionally carried out in accordance with Art. 9 (2) a GDPR (e.g., health data, if required for the performance of the job). Insofar as it is made available, applicants may submit their applications via an online form on our website. The data will be transmitted to us using state-of-the-art encryption. Applicants can also send us their applications by email. Please note, however, that emails are generally not sent in encrypted form and that applicants themselves are responsible for encryption. We therefore cannot assume any responsibility for the transmission path of the application between the sender and the receipt on our server; thus, we recommend the use of an online form or mail. Instead of submitting their applications via the online form and email, applicants still have the option of sending their applications by mail. In the event of a successful application, the data provided by the applicants may be further processed by us for the purposes of the employment relationship. Otherwise, if the application for a job offer is not successful, the applicant’s data will be deleted. Applicant data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time. Subject to a legitimate withdrawal of the applicants, deletion occurs after the expiry of a period of six months so that we may respond to any follow-up questions regarding the application and to demonstrate our compliance with the Equal Treatment Act. Invoices for any reimbursement of travel expenses will be archived subject to the provisions of tax law.
When contacting us (via the contact form, email, telephone or social media, for example), the user’s details are used to manage the enquiry and process it in accordance with Art. 6 (1) (b) GDPR (within the scope of contractual/pre-contractual relationships) and Art. 6 (1) (f) GDPR (other enquiries). The user’s details can be stored in a customer relationship management system (“CRM system”) or a comparable enquiry system. The enquiries will be deleted if they are no longer needed. We review their necessity every two years; furthermore, statutory archiving requirements shall apply.
The hosting services utilised by us are used to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email dispatch, security services and technical maintenance services which we use for the purpose of operating this website. For this purpose, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, metadata and communication data of customers, interested parties and visitors to this website on the basis of our legitimate interests in the efficient and secure provision of this website in accordance with Art. 6 (1) (f) GDPR in conjunction with Art. 28 GDPR (conclusion of an order processing contract).
We, or our hosting provider, collect(s) data on each access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6 (1) (f) GDPR. The access data includes the name of the accessed website page and file, date and time of access, transferred data volume, notification of successful access, browser type and its version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider. Log file information is stored for security reasons (e.g., to investigate abuse or fraud) for a maximum period of 7 days and then deleted. Data for which retention is necessary for evidential purposes shall not be deleted until the respective incident has been fully resolved.
On the basis of our legitimate interests (i.e., interest in the analysis, optimisation and efficient operation of our website within the meaning of Art. 6 (1) (f) GDPR), we use Google Analytics, a web analytics service provided by Google LLC (“Google”). Google uses cookies. The information generated by the cookie regarding the use of the website by the user is usually transferred to a Google server in the US and stored there. Google complies with the Privacy Shield Agreement, thereby ensuring compliance with European privacy laws (link). Google will use this information on our behalf to evaluate the use of our website by users, to compile reports on activities on this website and to provide us with other services associated with the use of this website and the Internet. Pseudonymous user profiles may be created from the processed data. We only use Google Analytics with IP anonymisation enabled. This means that the IP address of the user is truncated 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 is the full IP address transmitted to a Google server in the USA and truncated there. The IP address transmitted by the user’s browser is not consolidated with other Google data. Users may refuse the use of cookies by selecting the appropriate settings on their browser; however, please note that doing so may limit the full functionality of this website. In addition, users may prevent the collection by Google of data generated through the cookie and which are related to their use of the website as well as the processing of such data by Google by downloading and installing the browser plug-in available under the following link: link. Further information on the use of data by Google, setting and opt-out options can be found in Google’s privacy policy (link) and in the settings for the displaying of Google advertisements (link). The personal data of the users will be deleted or anonymised after 14 months.
We use third-party content or service offers to integrate their content and services, such as videos or fonts (“content”) into our website on the basis of our legitimate interests (I.e., interest in the analysis, optimisation, and business use of our website within the meaning of Art. 6 (1) (f) GDPR). In order to do this, it is always necessary for third-party content providers to know the user’s IP address, as they would not be able to send the content to the user’s browser without the IP address. The IP address is therefore required for the presentation of this content. We make every effort to use only content whose respective provider exclusively uses the IP address to deliver this content. Third party providers may also use so-called “pixel tags” (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Pixel tags can be used to analyse information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information regarding the browser and operating system, referred websites, duration of visits as well as additional information on the use of our website, and it may also be used in connection with such information from other sources.
We can integrate videos of the “Vimeo” platform from the provider Vimeo Inc, Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA. Privacy Policy: Link. We hereby note that Vimeo may use Google Analytics and refer to the privacy policy (link) and opt-out options for Google Analytics (link) or Google’s settings for data use for marketing purposes (link).
We integrate videos of the “YouTube” platform from the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: Link, Opt-Out: Link.
We integrate the fonts (“Google Fonts”) from the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: Link, Opt-Out: Link.
We integrate the maps of the “Google Maps” service from the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Processed data may in particular include users’ IP addresses and location data, which may not be collected without their consent (usually as part of their mobile device settings). The data may be processed in the US. Privacy Policy: Link, Opt-Out: Link.
