Privacy policy for users and customers covered by the GDPR.
The responsible party within the meaning of the General Data Protection Regulation and other national data protection laws of the member states of the EU as well as other data protection regulations is:
ProBolt Electronics
Laufenbach 6
8714 Feldbach
Switzerland
Tel.: +41 76 646 82 00
E-mail: info@probolt.ch
Website: www.probolt.ch
General information on data processing
Scope of the processing of personal data
As a matter of principle, we process personal data of our users only to the extent that this is necessary for the provision of a functional website as well as our content and services. The processing of personal data of our users is regularly carried out only with the consent of the user. An exception applies in those cases where obtaining prior consent is not possible for factual reasons and the processing of the data is permitted by legal regulations.
Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing operations involving personal data, Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as processing of personal data is necessary for the fulfillment of a legal obligation to which our company is subject, Art. 6 (1) lit. c DSGVO serves as the legal basis.
In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) lit. d DSGVO serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Art. 6 (1) lit. f DSGVO serves as the legal basis for the processing.
Data deletion and storage period
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may take place beyond this if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.
Provision of the website and creation of log files
Description and scope of data processing
Each time our website is called up, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected in this process:
Information about the browser type and the version used.
The operating system of the user
The user's Internet service provider
The IP address of the user
Date and time of access
Websites from which the user's system accesses our website
Websites that are accessed by the user's system via our website
This data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
The legal basis for the temporary storage of the data and the log files is Art. 6 (1) lit. f DSGVO.
Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.
The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes are also our legitimate interest in data processing according to Art. 6 Para. 1 lit. f DSGVO.
Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
Possibility of objection and removal
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
Use of cookies
a) Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user calls up a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.
If there is a use of technically necessary cookies:
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.
The following data is stored and transmitted in the cookies:
The following is a list of the stored data. Examples can be:
Language settings
Items in a shopping cart
Log-in information
If there is also a use of technically unnecessary cookies:
We also use cookies on our website that enable an analysis of the user's surfing behavior.
In this way, the following data can be transmitted:
The following is a list of the data collected. These can be, for example:
Search terms entered
Frequency of page views
Use of website functions
Until now, it was possible under Section 15 (3) of the German Telemedia Act (TMG) to pseudonymize the personal data processed for cookies that were not technically necessary and to inform the user about the use of the cookies and his right to object and remove them ("opt-out solution"). However, it is disputed in the legal literature whether this standard continues to apply after the GDPR comes into force. In case of doubt, it must therefore be assumed that the provisions of the GDPR alone now apply. In this case, only Article 6 (1) of the GDPR applies. Even according to this standard, a continuation of the previous practice is conceivable, if a "legitimate interest" of the processor according to Art. 6 (1) lit. f DSGVO is taken as a basis. Thus, if consent is not obtained from the user prior to setting and retrieving the technically unnecessary cookies:
The user data collected in this way is pseudonymized by technical precautions. Therefore, an assignment of the data to the calling user is no longer possible. The data is not stored together with other personal data of the users.
When calling up our website, users are informed by an information banner about the use of cookies for analysis purposes and referred to this data protection declaration. In this context, there is also an indication of how the storage of cookies can be prevented in the browser settings.
Whether the current practice of the "opt-out solution" meets the requirements of Art. 6 (1) f GDPR cannot be said with certainty at this time. The planned e-privacy regulation could bring clarity in this regard. Until then, however, the most legally secure solution is to obtain prior consent from the user ("opt-in solution"). In other words, if the user's consent is obtained before the technically unnecessary cookies are set and retrieved:
The user data collected in this way is pseudonymized by technical precautions. Therefore, an assignment of the data to the calling user is no longer possible. The data is not stored together with other personal data of the users.
When calling up our website, users are informed by an information banner about the use of cookies for analysis purposes and referred to this data protection declaration. In this context, there is also an indication of how the storage of cookies can be prevented in the browser settings.
Whether the current practice of the "opt-out solution" meets the requirements of Art. 6 (1) f GDPR cannot be said with certainty at this time. The planned e-privacy regulation could bring clarity in this regard. Until then, however, the most legally secure solution is to obtain prior consent from the user ("opt-in solution"). In other words, if the user's consent is obtained before the technically unnecessary cookies are set and retrieved:
When calling up our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of personal data used in this context is obtained. In this context, a reference to this privacy policy is also made.
b) Legal basis for data processing
In the event that only a use of technically necessary cookies is made or a use of technically necessary cookies and technically unnecessary cookies is made without first obtaining the consent of the user:
The legal basis for the processing of personal data using cookies is Art. 6 (1) lit. f DSGVO.
If a use of technically necessary and non-necessary cookies takes place with prior obtaining of the user's consent:
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 (1) lit. f DSGVO.
The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a DSGVO if the user has given his consent in this regard.
c) Purpose of the data processing
If a use of technically necessary cookies takes place:
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.
We require cookies for the following applications:
The following is a list of applications. Examples can be:
Shopping cart
Adoption of language settings
Remembering search terms
The user data collected through technically necessary cookies are not used to create user profiles.
If, in addition, a use of technically unnecessary cookies:
Analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus constantly optimize our offer.
The exact purpose of the analysis cookies should be described in more detail at this point.
In these purposes also lies our legitimate interest in the processing of personal data according to Art. 6 para. 1 lit. f DSGVO.
e) Duration of storage, possibility of objection and removal.
Cookies are stored on the user's computer and transmitted from it to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all website functions to their full extent.
If Flash cookies are also used:
The transmission of Flash cookies cannot be prevented via the browser settings, but by changing the Flash Player setting.
Newsletter
Description and scope of data processing
The newsletter is sent based on the user's registration on the website:
On our website there is the possibility to subscribe to a free newsletter. In doing so, the data from the input mask is transmitted to us when registering for the newsletter.
At this point, a concrete naming of the collected data should take place. In the minimum case, this concerns the e-mail address of the user.
In addition, the following data is collected during registration:
The additional data actually collected must be provided. This can be, for example:
IP address of the calling computer
Date and time of registration
For the processing of the data, your consent is obtained during the registration process and reference is made to this privacy policy.
The newsletter dispatch is based on the sale of goods or services:
If you purchase goods or services on our website and deposit your e-mail address in the process, this may subsequently be used by us to send a newsletter. In such a case, only direct advertising for our own similar goods or services will be sent via the newsletter.
No data will be passed on to third parties in connection with the processing of data for the dispatch of newsletters. The data is used exclusively for sending the newsletter.
Legal basis for data processing
The newsletter dispatch takes place on the basis of the user's registration on the website:
The legal basis for the processing of the data after the user has registered for the newsletter is Art. 6 (1) lit. a DSGVO if the user has given his consent.
The newsletter dispatch is based on the sale of goods or services:
The legal basis for sending the newsletter as a result of the sale of goods or services is Section 7 (3) UWG.
Purpose of data processing
The collection of the user's e-mail address serves to deliver the newsletter.
The newsletter is sent based on the user's registration on the website:
The collection of other personal data as part of the registration process serves to prevent misuse of the services or the e-mail address used.
Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. Accordingly, the user's e-mail address is stored as long as the subscription to the newsletter is active.
The newsletter is sent on the basis of the user's registration on the website.
Possibility of objection and removal
The subscription to the newsletter can be cancelled by the affected user at any time. For this purpose, a corresponding link can be found in each newsletter.
The newsletter is sent on the basis of the user's registration on the website:
This also enables revocation of consent to the storage of personal data collected during the registration process.
Registration
Description and scope of data processing
On our website, we offer users the opportunity to register by providing personal data. The data is entered in an input mask and transmitted to us and stored. The data is not passed on to third parties. The following data is collected during the registration process:
At this point, the relevant data should be listed.
At the time of registration, the following data is also stored:
At this point, the data should be listed accordingly. Examples may include:
The IP address of the user
Date and time of registration
As part of the registration process, the user's consent to the processing of this data is obtained.
Legal basis for data processing
The legal basis for the processing of the data is Art. 6 (1) lit. a DSGVO if the user has given his consent.
If the registration serves the performance of a contract to which the data subject is a party or the performance of pre-contractual measures.
If the registration serves the fulfillment of a contract to which the user is a party or the implementation of pre-contractual measures, the additional legal basis for the processing of the data is Art. 6 (1) lit. b DSGVO.
Purpose of data processing
User registration is required for the provision of certain content and services on our website.
A more detailed description of the contents and services follows. Why is identification of the user required for provision in individual cases?
If the processing of personal data of the contracting party is required by law for the contracts offered by you, the respective standards from which the obligation arises must be stated.
Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected.
This is the case for the data collected during the registration process when the registration on our website is cancelled or modified.
Possibility of objection and removal
Cookies are stored on the user's computer and transmitted from it to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.
Rights of the data subject
The following list includes all rights of data subjects under the GDPR. Rights that have no relevance for your own website do not need to be mentioned. In this respect, the listing can be shortened.
If personal data is processed by you, you are a data subject within the meaning of the DSGVO and you are entitled to the following rights vis-à-vis the controller:
Right to information
You may request confirmation from the controller as to whether personal data concerning you is being processed by us.
If such processing is taking place, you may request information from the controller about the following:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data which are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data, if the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information about whether personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.
In the case of data processing for scientific, historical or statistical research purposes:
This right of access may be limited to the extent that it is likely to make impossible or seriously compromise the achievement of the research or statistical purposes and the limitation is necessary for the fulfilment of the research or statistical purposes.
Right to rectification
You have a right of rectification and/or completion vis-à-vis the data controller if the personal data processed concerning you is inaccurate or incomplete. The controller shall make the rectification without undue delay.
In the case of data processing for scientific, historical or statistical research purposes:
Your right to rectification may be limited to the extent that it is likely to make impossible or seriously prejudice the achievement of the research or statistical purposes and the limitation is necessary for the fulfilment of the research or statistical purposes.
Right to restriction of processing
You may request restriction of the processing of personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need it for the establishment, exercise or defense of legal claims; or(4) The personal data concerning you have been processed unlawfully.
(5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
(6) The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8(1) DSGVO.
Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers that process the personal data that you, as the data subject, have requested them to erase all links to or copies or replications of such personal data.
Exceptions
The right to erasure does not exist to the extent that the processing is necessary to.
(1) for the exercise of the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) DSGVO, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
(5) for the assertion, exercise or defense of legal claims.
Right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right vis-à-vis the controller to be informed about these recipients.
Right to data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that.
(1) the processing is based on consent pursuant to Art. 6(1)(a) DSGVO or Art. 9(2)(a) DSGVO or on a contract pursuant to Art. 6(1)(b) DSGVO and
(2) the processing is carried out with the help of automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Right to object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Right to object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.
In the case of data processing for scientific, historical or statistical research purposes:
You also have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) of the GDPR.
Your right to object may be limited to the extent that it is likely to render impossible or seriously impair the realization of the research or statistical purposes and the limitation is necessary for the fulfillment of the research or statistical purposes.
Right to revoke your declaration of consent under data protection law.
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller,
(2) is permitted by legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests; or
(3) is made with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.
Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
Swiss law shall apply. The place of jurisdiction is Zurich.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 78 GDPR.