Data Protection Statement | plastocor-international SA
If you provide us with Personal Data of other persons (such as family members or work colleagues), please make sure the respective persons are aware of this Statement and only provide us with their Personal Data if you are allowed to do so and if such Personal Data is correct.
This Privacy Notice is aligned with the EU General Data Protection Regulation («GDPR»), the revised Swiss Data Protection Act («DPA») and the revised Swiss Data Protection Ordinance («DPA-Ordinance»). However, the application of these laws depends on each individual case.
1. Controller / Data Protection Officer / Representative
The “Controller” of data processing as described in this data protection statement (i.e. the responsible person) is Plastocor unless we have informed you differently in certain cases. You can notify us of any data protection related concerns using the following contact details. If possible, please specify which area of Plastocor you refer to.
Place de la Gare 3, CH 3960 Sierre
+41 (0) 27 456 49 55
Our representative in the EEA according to art. 27 GDPR is:
21, En Chaplerue, F-57 000 Metz
2. Collection and Processing of Personal Data
We primarily process Personal Data that we obtain from our clients and other business partners as well as other individuals in the context of our business relationships with them or that we collect from users when operating our websites, apps and other applications.
To the extent permitted by law, we obtain certain Personal Data from publicly accessible sources (e.g., debt registers, land registries, commercial registers, press, internet) or we may receive such information from other companies, from authorities or other third parties (such as e.g., rating agencies). In addition to the data you provided to us directly, we collect Personal Data about you from third parties. Such information may come from the following sources: public registers, data received in connection with administrative or court proceedings, information in connection with your professional role and activities (e.g., in order to conclude and carry out contracts with your employer), information about you in correspondence and discussions with third parties, credit rating information (if we conduct business activities with you personally), information about you given to us by individuals associated with you (family, consultants, legal representatives, etc.) in order to conclude or process contracts with you or with your involvement (e.g. references, your delivery-address, powers of attorney), information regarding legal regulations such as anti-money laundering and export restrictions, bank details, information regarding insurances, our distributors and other business partners for the purpose of ordering or delivering services to you or by you (e.g., payments made, previous purchases), information about you found in the media or internet (insofar as indicated in the specific case, e.g. in connection with job applications, media reviews, marketing/sales, etc.), your address and any interests and other socio-demographic data (for marketing purposes), data in connection with your use of our websites (e.g., IP address, MAC address of your smartphone or computers, information regarding your device and settings, cookies, date and time of your visit, sites and content retrieved, applications used, referring website, localisation data).
3. Purpose of Data Processing and Legal Grounds
We primarily use collected data to conclude and process contracts with our clients and business partners, in particular in connection with our core business clients and the procurement of products and services from our suppliers and subcontractors, as well as to comply with our domestic and foreign legal obligations. You may be affected by our data processing in your capacity as an employee of such a client or business partner.
In addition, in line with applicable law and where appropriate, we may process your Personal Data and Personal Data of third parties for the following purposes, which are in our (or, as the case may be, any third parties’) legitimate interest, such as:
- providing and developing our products, services and websites, apps and other platforms, on which we are active;
- communication with third parties and processing of their requests (e.g., job applications, media inquiries);
- review and optimisation of procedures regarding needs assessment for the purpose of direct customer approach as well as obtaining Personal Data from publicly accessible sources for customer acquisition;
- advertisement and marketing (including organising events), provided that you have not objected to the use of your Personal Data for this purpose (if you are part of our customer base and you receive our advertisement, you may object at any time, and we will place you on a blacklist against further advertising mailings);
- market and opinion research, media surveillance;
- asserting legal claims and defence in legal disputes and official proceedings;
- prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
- ensuring our operation, including our IT, our websites, apps and other appliances;
- video surveillance to protect our domiciliary rights and other measures to ensure the safety of our premises and facilities as well as protection of our employees and other individuals and assets owner by or entrusted to us (such as e.g. access controls, visitor logs, network and mail scanners, telephone recordings);
- acquisition and sale of business divisions, companies or parts of companies and other corporate transactions and the transfer of Personal Data related thereto as well as measures for business management and compliance with legal and regulatory obligations as well as internal regulations of Plastocor.
If you have given us your consent to process your Personal Data for certain purposes (for example when registering to receive newsletters or carrying out a background check), we will process your Personal Data within the scope of this consent, unless we have an explicit legal basis. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.
4. Cookies / Tracking and Other Techniques Regarding the Use of our Website
Despite the above, you can set your browser to reject cookies, to save them for one session only or to delete them in advance. Most browsers are pre-set to accept cookies. We use permanent cookies to save user configuration (e.g. language, automated log in) to understand how you use our services and content, and to enable us to show you customised offers and advertisement (which may also happen on other companies’ websites: should your identity be disclosed to us, these companies will not get to know your identity from us; they will only know that the same user visiting their website has previously visited a certain website). Certain cookies are sent to you from us, others from business partners with which we collaborate. If you block cookies, it is possible that certain functions (such as, e.g., log in; language settings, shopping basket, ordering processes) are no longer available to you.
In accordance with applicable law, we may include visible and invisible image files in our newsletters and other marketing e-mails. If such image files are retrieved from our servers, we can determine whether and when you have opened the e-mail, so that we can measure and better understand how you use our offers and customise them. You may disable this in your e-mail program, which will usually be a default setting.
By using our websites, apps and by consenting to the receipt of newsletters and other marketing e-mails, you consent to the use of such techniques. If you object, you must configure your browser or e-mail program accordingly or uninstall the app if the respective setting is not available.
We may use Google Analytics or similar services on our website. These are services provided by third parties, which may be located in any country worldwide (in the case of Google Analytics: Google Ireland Ltd. (located in Ireland), Google Ireland relies on Google LLC (located in the United States) as its sub-processor (both «Google»), www.google.com) and which allow us to measure and evaluate the use of our website (on an anonymized basis). For this purpose, permanent cookies are used, which are set by the service provider. We have configured the service so that the IP addresses of visitors are abbreviated by Google in Europe before they are forwarded to the United States and can subsequently no longer be traced. We have turned off the «Data sharing» option and the «Signals» option.
Although we assume that the information, we share with Google is not Personal Data for Google, it may be possible that Google may draw conclusions about the identity of visitors based on the data collected, create personal profiles and link this data with the Google accounts of these individuals for its own purposes. If you have registered with the service provider, the service provider will also know your identity. In this case, the processing of your Personal Data by the service provider will be conducted in accordance with its data protection regulations. The service provider only provides us with data on the use of the respective website (but not any personal information of you).
Social Media Plug-in’s
In addition, we use plug-ins from social networks such as Facebook, Twitter, YouTube, Pinterest or Instagram on our websites. This is visible for you (typically based on the respective symbols). If you activate them (by clicking on them), the operators of the respective social networks may record that you are on our website, where on our website you are exactly and may use this information for their own purposes. This processing of your Personal Data lays in the responsibility of the respective operator and occurs according to its data protection regulations. We do not receive any information about you from the respective operator.
We offer you the opportunity to register for our free newsletter via our website. We use Infomaniak, a service of Infomaniak Network AG, Rue Eugène Marziano 25, 1227 Les Acacias (GE), Switzerland. The company follows the GDPR Guidelines. Its Data Protection Officer ensures the legality of Infomaniak’s activities in the area of data processing.
5. Data transfer and Transfer of Data Abroad
By conducting our business activities and in line with the purposes of the data processing set out in Section 3, we may transfer Personal Data to third parties where such a transfer is permitted and where we consider it appropriate for them to process data for us.
In particular, these may concern the following categories of recipients:
- our service provider (such as e.g. banks, insurances), including processors (such as e.g. IT providers);
- dealers, suppliers, subcontractors and other business partners;
- domestic and foreign authorities or courts;
- the media;
- the public, including users of our websites and social media;
- competitors, industry organisations, associations, organisations and other bodies;
- acquirers or parties interested in the acquisition of business divisions, or other parts of Plastocor;
- other parties in possible or pending legal proceedings;
Certain Recipients may be located in Switzerland but also in any country worldwide. In particular, you should expect your Personal Data to be transmitted to other countries in Europe and the USA where our service providers may be located (such as Microsoft, SAP, Amazon, Salesforce).
If we transfer Personal Data to a country without adequate legal data protection, we ensure an appropriate level of protection as legally required by using appropriate contracts (in particular based on the standard contract clauses of the European Commission, available here), binding corporate rules or we rely on the statutory exceptions of consent, performance of contracts, establishment, exercise or enforcement of legal claims, overriding public interests, published Personal Data or because it is necessary to protect the integrity of the persons concerned. You can obtain a copy of the mentioned contractual guarantees at any time from the contact person named under Section 1 above unless they are not available under the aforementioned link. However, we reserve the right to redact copies for data protection, confidentiality reasons or to produces only excerpts.
6. Retention Periods for your Personal Data
We process and retain your Personal Data as long as required for the performance of our contractual obligation and compliance with legal obligations or other purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, during the performance of the contract until it is terminated) as well as beyond this duration in accordance with legal retention and documentation obligations. Personal data may be retained for the period during which claims can be asserted against our company or to the extent that we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g., for evidence and documentation purposes). As soon as your Personal Data are no longer required for the above-mentioned purposes, they will be deleted or anonymised, to the extent possible. In general, shorter retention periods of no more than twelve months apply for operational data (e.g., system logs).
7. Data Security
We have taken appropriate technical and organisational security measures to protect your Personal Data from unauthorised access and misuse such as internal policies, training, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, pseudonymisation or inspections.
8. Obligation to Provide Personal Data to Us
For the purposes of our business relationship, you must provide us with any Personal Data that is necessary for the conclusion and performance of a business relationship and the performance of our contractual obligations (usually, there is no statutory requirement to provide us with data). Without this information, we will usually not be able to conclude or perform a contract with you (or the entity or person you represent). In addition, the website cannot be used unless certain information is disclosed to enable data traffic (e.g. IP address).
9. No Profiling and Automated Individual Decision-Making
We do not process your Personal Data automatically with the aim of evaluating certain personal aspects (profiling). Should we use such procedures in certain cases, we will inform you separately on this and advise you of your relevant rights if required by law.
10. Your Rights
In accordance with applicable law, you have the right to access, rectify and delete of your Personal Data, the right to restrict or to object to our data processing, in particular for direct marketing purposes, profiling for direct marketing purposes and other legitimate interests in processing as well as the right to receive certain Personal Data for transfer to another controller (data portability). However, please note that we reserve the right to invoke legal restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs on you, we will notify you thereof in advance. We have already informed you of the possibility to withdraw consent in Section 3. Please further note that the exercise of these rights may be in conflict with your contractual obligations, and this may result in consequences such as premature contract termination or involve costs. If this is the case, we will inform you in advance unless it has already been contractually agreed upon.
In general, exercising these rights requires that you are able to prove your identity (e.g., by a copy of identification documents where your identity is not evident otherwise or can be verified in another way). To assert these rights, please contact us at the addresses provided in Section 1.
In addition, every data subject has the right to enforce their rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority of Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
11. Amendments of this Data Protection Statement
We may amend this Statement at any time without prior notice. The current version published on our website shall apply. If the Statement is part of an agreement with you, we will notify you by e-mail or other appropriate means in case of an amendment.