The use of the Consenec AG website is possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and there is no legal basis for such processing, we will 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 shall be in line with the requirements of the General Data Protection Regulation of the European Union ("GDPR"), and in accordance with the Swiss data protection regulations applicable to the Consenec AG. By means of this data protection declaration, the Consenec AG would like to inform the public about the nature, scope and purpose of the personal data we process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.

As the controller, the Consenec 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 always be subject to security vulnerabilities, 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

The data protection declaration of Consenec AG is based on the terms used by the European Directive and Ordinance Maker when issuing the EU Data Protection Regulation. Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms, among others, in this data protection declaration and on our website:

a) Personal data

Personal data means any information relating to an identified or identifiable natural person (hereinafter "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.

b) Data subject

Data subject means any identified or identifiable natural person whose personal data are processed by the controller.

c) Processing

Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

e) Profiling

Profiling is any automated processing of personal data consisting in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.

f) Pseudonymisation

Pseudonymisation is the processing of personal data in such a way 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 which ensure that the personal data are not attributed to an identified or identifiable natural person.

g) Controller or data controller

The controller or person responsible for processing 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 designation may be provided for under Union or Member State law.

(h) Processor

Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient

Recipient means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.

j) Third party

Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who are authorised to process the personal data under the direct responsibility of the controller or the processor.

k) Consent

Consent is any freely given specific and informed indication of his or her wishes, in the form of a statement or other unambiguous affirmative act, by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

 

2. Name and address of the controller

The person responsible within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is the:

Consenec AG
Segelhof
5405 Baden-Dättwil
T +41 58 586 83 60

 

3. Name and address of the data protection officer

The data protection officers of the controller are:

Rahel Ehrsam and Brigitte Vogt
info(at)consenec.ch
Tel. +41 58 586 83 60

Any data subject may contact our data protection officer directly at any time with any questions or suggestions regarding data protection.

 

4. Cookies

The Consenec AG website uses cookies. Cookies are text files that are stored on a computer system via an internet browser.

Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.

Through the use of cookies, the Consenec 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 optimised for the benefit of the user. As already mentioned, cookies enable us to recognise 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 his or her access data each time he or she visits the website, because this is done by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping basket in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket via a cookie.

The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programmes. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

 

5. Collection of general data and information

The website of the Consenec AG collects a series of general data and information every time a data subject or automated system calls up the website. This general data and information is stored in the log files of the server. The following data may be collected: (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 that serve to avert danger in the event of attacks on our information technology systems.

When using these general data and information, the Consenec AG does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the contents of our website correctly, (2) to optimise the contents of our website and the advertising for these, (3) to ensure the long-term operability of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, the Consenec AG analyzes anonymously collected data and information on one hand, and on the other hand, with the aim of increasing the data protection and data security of our enterprise, and ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.

 

6 Routine deletion and blocking of personal data

The controller shall process and store personal data of the data subject only for the period of time necessary to achieve the purpose of the storage or as provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.

If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Maker or another competent legislator expires, the personal data shall be routinely blocked or deleted in accordance with the statutory provisions.

 

7. Rights of the data subject

a) Right to confirmation 

Every data subject has the right granted by the European Directive and Regulation to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact our data protection officer.

b) Right of access .

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to obtain from the controller, at any time and free of charge, information about the personal data stored about him or her, as well as a copy of such information. In addition, the European Directive and Regulation has granted the data subject access to the following information: .

• the purposes of processing;
• the categories of personal data processed;
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations;
• if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
• the existence of a right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or a right to object to such processing;
• the existence of a right of appeal to a supervisory authority;
• Where the personal data are not collected from the data subject: Any available information on the origin of the data;
• The existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in relation to the transfer. If a data subject wishes to exercise this right of access, he or she may contact our data protection officer at any time.

c) Right to rectification .

Every person affected by the processing of personal data has the right granted by the European Directive and Regulation to demand the immediate correction of incorrect personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary declaration. .

If a data subject wishes to exercise this right of rectification, he or she may, at any time, contact our data protection officer.

d) Right to erasure (right to be forgotten) .

Every person affected by the processing of personal data has the right granted by the European Directive and Regulation to demand from the controller that the personal data concerning him or her be erased immediately if one of the following reasons applies and insofar as the processing is not necessary:

• The personal data were collected or otherwise processed for such purposes for which they are no longer necessary.
• The data subject withdraws his/her consent on which the processing was based pursuant to Art. 6(1)(a) DS-GVO or Art. 9(2)(a) DS-GVO and there is no other legal basis for the processing.
• The data subject objects to the processing pursuant to Art. 21(1) DS-GVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) DS-GVO.
• The personal data have been processed unlawfully.
• The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
• The personal data have been collected in relation to information society services offered pursuant to Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by the Consenec AG, he or she may, at any time, contact our data protection officer or another employee of the controller. The Data Protection Officer of the Consenec AG will arrange for the erasure request to be complied with immediately.

If the personal data was made public by the Consenec AG and the Consenec AG is responsible pursuant to Art. 17 Para. 1 DS-GVO to erase the personal data, Consenec AG shall implement reasonable measures, including technical measures, taking into account the available technology and the cost of implementation, in order to inform other data controllers which process the published personal data that the data subject has requested from those other data controllers to erase all links to or copies or replications of the personal data, unless the processing is necessary. The Data Protection Officer of the Consenec AG will arrange the necessary in individual cases.

e) Right to restriction of processing

Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the restriction of processing if one of the following conditions is met:

• The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
• The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
• The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defence of legal claims.
• The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the Consenec AG, he or she may, at any time, contact our data protection officers of the controller. The data protection officer of the Consenec AG will arrange the restriction of the processing.

f) Right to data portability

Every person affected by the processing of personal data has the right granted by the European Directive and Regulation to receive the personal data concerning him or her, which has been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. He or she shall also have the right to transmit such data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the 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, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain the direct transfer of personal data from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

In order to assert the right to data portability, the data subject may at any time contact the data protection officer appointed by the Consenec AG.

g) Right of objection

Any data subject concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to object at any time, on grounds relating to his or her particular situation, to processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) of the DS-GVO. This also applies to profiling based on these provisions.

The Consenec AG shall no longer process the personal data in the event of the 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 assertion, exercise or defence of legal claims.

If the Consenec AG processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to the profiling, insofar as it is related to such direct marketing. If the data subject objects to Consenec AG to the processing for direct marketing purposes, Consenec AG 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 which is carried out by the Consenec AG for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation (DS-GVO), unless such processing is necessary for the performance of a task carried out in the public interest.

In order to exercise the right to object, the data subject may directly contact the Data Protection Officer of the Consenec AG. The data subject is also free to exercise his/her right to object by means of automated procedures using technical specifications in the context of the use of information society services, notwithstanding Directive 2002/58/EC.

h) Automated decisions in individual cases including profiling

Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, 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 the performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and that such law provides for adequate measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is made with 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 the controller, or (2) it is made with the data subject's explicit consent, Consenec AG shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, which include at least the right to obtain the data subject's involvement on the part of the controller, to express his or her point of view and to contest the decision.

If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact our Data Protection Officer of the controller.

i) Right to withdraw consent under data protection law

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of personal data at any time.

If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact our data protection officer of the controller.

 

8. Data protection during applications and the application process

The controller collects and processes the personal data of applicants for the purpose of handling the application procedure. The processing may also be carried out by electronic means. This is the case in particular if an applicant sends relevant application documents to the controller by electronic means, for example by e-mail. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the data controller does not conclude an employment contract with the applicant, the application documents are automatically deleted six months after the notification of the rejection decision, provided that no other legitimate interests of the data controller conflict with such deletion. Statutory archiving, evidence and retention obligations outside the Data Protection Act may constitute legitimate interests in this sense.

 

9. Liability for linking to external websites

Links to external websites ("external links") on the Consenec AG website are provided solely as a reference to information on topics that may be useful or helpful to users of this website. Consenec AG has no control over the content of externally linked websites. No warranty or liability is assumed by Consenec AG for the content of such websites, including their accuracy, completeness, reliability or suitability for specific purposes.

The use of an external link or its content does not mean that Consenec AG appropriates the content behind the link. Consenec AG cannot be expected to constantly monitor external links without concrete evidence of legal violations. If Consenec AG becomes aware of any legal violations, the corresponding external links will be deleted immediately.

Consenec AG does not guarantee that external links or their contents do not give rise to copyright or trademark claims or other infringements of the rights of third parties, nor that such websites or their contents are free of viruses or other infections. No guarantee is given for the authenticity of documents on the Internet. Although Consenec AG provides links to such websites, it disclaims any liability for their content.

 

10. Third party providers

 

Place and date: Baden-Dättwil, 30. August 2023