Data Protection Declaration of emocia GmbH

This data protection declaration informs you about the nature, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the websites, functions and content associated with it, as well as external online presences, such as our social media profiles. (hereinafter collectively referred to as “Online Offer”). With regard to the terms used, such as “personal data” or their “processing”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

We ask you to regularly inform yourself about the content of our data protection declaration.

1. General and mandatory information

Data protection

We take the protection of your personal data very seriously. We therefore treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

When you use this website, various personal data are collected. Personal data is data by which you can be personally identified. This Privacy Policy explains what information we collect and how we use it. It also explains how and for what purpose this is done.

We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.

Information on the responsible body

The responsible party for data processing on this website and the contact person for data protection is:

emocia GmbH
Ebnetstrasse 10
CH-8308 Illnau
T: +41 79 360 57 47
E-mail: info@emocia.ch

The controller is the person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, e-mail addresses, etc.).

This data protection declaration applies to the internet offer of emocia GmbH, which can be accessed under the domain www.emocia.ch as well as various subdomains (hereinafter: “our website”).

Types of data being processed

  • Inventory data (e.g. names, addresses)
  • Contact data (e.g. e-mail, telephone numbers)
  • Content data (text entries)
  • Contract data (e.g. subject matter of contract, term, customer category)
  • Payment data (e.g. bank details, payment history)
  • Usage data (e.g. websites visited, interest in content, access times)
  • Meta/communication data (e.g. device information, IP addresses)

Processing of special categories of data (Art. 9 para. 1 GDPR)

As a matter of principle, no special categories of data are processed, unless they are supplied for processing by the user, e.g. entered in online forms.

Categories of persons affected by the processing

  • Customers and interested parties
  • Participants in the offer of data tools for error management and reporting solutions.
  • In the following, we also refer to the data subjects collectively as “users”.

Purpose of processing

  • Provision of the online offer, its contents and functions
  • Provision of contractual services, service and customer care
  • Answering contact requests and communication with users
  • Marketing, advertising and market research
  • Security measures

Relevant legal basis

In accordance with Art. 13 GDPR, we inform you of the legal basis for our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 GDPR, the legal basis for processing to fulfil our services and carry out contractual measures and respond to enquiries is Art. 6(1)(b) GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6(1)(c) GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6(1)(f) GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.

Changes and updates to the privacy policy

We ask you to regularly inform yourself about the content of our data protection declaration. We adapt the data protection declaration as soon as the changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.

Security measures

We take security measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, appropriate technical and organisational measures to ensure a level of protection appropriate to the risk; the measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access concerning them, input, disclosure, ensuring availability and their separation. We also have procedures in place to ensure the exercise of data subject rights, deletion of data and response to data compromise. Furthermore, we already take into account the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 GDPR).

The security measures include in particular the encrypted transmission of data between your browser and our server.

Cooperation with data processors and third parties

If, in the course of our processing, we disclose data to other persons and companies (order processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as to payment service providers, is necessary for the performance of the contract pursuant to Art. 6 (1) lit. b GDPR), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we commission third parties with the processing of data on the basis of a so-called “order processing agreement” (AVV), this is done on the basis of Art. 28 GDPR.

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using third-party services or disclosing, or transferring data to third parties, this is only done if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests.

Subject to express consent or contractually or legally required transfer, we only process or allow data to be processed in third countries with a recognised level of data protection, contractual obligation through so-called standard protection clauses of the EU Commission, in the presence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).

Among other things, tools from companies based in the USA are integrated on our website. If these tools are active, your personal data may be transferred to the US servers of the respective companies. We would like to point out that the USA is not a safe third country in the sense of EU data protection law. US companies are obliged to hand over personal data to security authorities without you as a data subject being able to take legal action against this. It can therefore not be ruled out that US authorities (e.g. intelligence services) process, evaluate and permanently store your data located on US servers for monitoring purposes. We have no influence on these processing activities.

Rights of data subjects

  • You have the right to request confirmation as to whether data in question is being processed and to information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
  • You have according to. Article 16 of the GDPR, you have the right to request that the data concerning you be completed or that the inaccurate data concerning you be corrected.
  • In accordance with Art. 17 of the GDPR, you have the right to demand that the data in question be deleted without delay, or alternatively, in accordance with Art. 18 of the GDPR, to demand that the processing of the data be restricted.
  • You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 of the GDPR and to request that it be transferred to other data controllers.
  • You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.

Right of withdrawal

You have the right to revoke any consent you have given in accordance with Art. 7 (3) GDPR with effect for the future.

Right of objection

You may object to the future processing of data relating to you at any time in accordance with Art. 21 GDPR. The objection can be made in particular against processing for direct marketing purposes.

Right to object to the collection of data in special cases and to direct marketing (art. 21 GDPR)

We use temporary and permanent cookies, i.e. small files that are stored on the user’s device (for an explanation of the term and its function, see Cookie Policy). Cookies are partly used for security purposes or are necessary for the operation of our online offer (e.g. for the display of the website) or to save the user’s decision when confirming the cookie banner. In addition, we or our technology partners use cookies for range measurement and marketing purposes, about which users are informed in the course of the data protection declaration.

A general objection to the use of cookies for online marketing purposes can be declared for many of the services, especially in the case of tracking, via the US-American site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that not all functions of this online offer can then be used.

If the data processing is carried out on the basis of Art. 6 para. 1 lit. e or f GDPR, you have the right to object to the processing of your personal data at any time for reasons arising from your particular situation; this also applies to profiling based on these provisions. The respective legal basis on which processing is based can be found in this data protection declaration. If you object, we will no longer process your personal data concerned unless we 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 (objection under Article 21(1) of the GDPR).

If your personal data are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as it is related to such direct marketing. If you object, your personal data will subsequently no longer be used for the purpose of direct advertising (objection pursuant to Art. 21 (2) GDPR).

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke consent you have already given at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right of complaint to the competent supervisory authority

In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged violation. The right of appeal is without prejudice to any other administrative or judicial remedy.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in performance of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another responsible party, this will only be done insofar as it is technically feasible.

Deletion of data

The data processed by us will be deleted or its processing restricted in accordance with Articles 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.

According to legal requirements, data is stored for 10 years (books, records, management reports, accounting vouchers, commercial and business letters, documents relevant for taxation, etc.).

Provision of contractual services

We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Art. 6 Para. 1 lit b. GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.

When using our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as those of the users in protection against misuse and other unauthorised use. This data is not passed on to third parties unless it is necessary for the pursuit of our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c GDPR.

We process usage data (e.g. the web pages visited on our website, interest in our products) and content data (e.g. entries in the contact form or user profile) for advertising purposes in a user profile, e.g. in order to display product information to users based on the services they have used to date.

The deletion takes place after the expiry of legal warranty and comparable obligations, the necessity of keeping the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after their expiry (end of tax law (10 years) storage obligation).

Surfing our website

We automatically collect and store in our server log files information that your browser leaves while you surf our website.

The most important data we store are, in brief:

  • browser type/version
  • Operating system used
  • referrer URL (the previously visited page)
  • URLs/pages accessed on our website
  • IP address of the accessing computer together with its name
  • time of server request
  • visitor history

The legal basis for the processing of the IP address is Art. 6 para. 1 lit. f GDPR. Our legitimate interest follows from the purposes of data collection listed below. At this point, we would like to point out that the data collected does not allow us to draw any direct conclusions about your identity, nor will it allow us to do so.

The IP address of your terminal device and the other data listed above are used by us for the following purposes:

  • Ensuring a smooth connection
  • Ensuring a comfortable use of our website
  • Evaluation of system security and stability

Furthermore, we use so-called cookies, tracking tools and social media plug-ins for our website. The exact procedures involved and how your data is used for these purposes are explained in more detail below under 2.

Collection of access data and log files

We collect data on every 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 Para. 1 lit. f. GDPR, we collect data on every access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and 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. for the clarification of abuse or fraud) for a maximum of seven days and then deleted. Data whose further storage is required for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.

Online presence in social media

We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.

Unless otherwise stated in our data protection declaration, we process the data of users if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.

Contacting us (contact form and e-mail contact)

On our website, you have the option of contacting us via a contact form or by e-mail. The information transmitted by you via the contact form is usually:

  • First and last name
  • e-mail address
  • Telephone number, if applicable
  • Company name
  • Your message

We will only use the personal data provided to us for the purpose of processing your enquiry and will delete it once your request has been dealt with. The legal basis for this is both your consent within the meaning of Art. 6 Para. 1 lit. a GDPR and Art. 6 Para. 1 lit. f GDPR. The proper processing of your request is considered a legitimate interest within the meaning of the GDPR. You can revoke your consent to the processing of the personal data provided to us at any time with effect for the future to the contact details mentioned under 1. From the time of revocation, it will then no longer be possible to process your request.

We delete the requests if they are no longer necessary. We review the necessity every two years. In the case of legal archiving obligations, deletion takes place after their expiry (end of tax law (10 years) retention obligation).

2. Data collection on this website

Cookies & Reach Measurement

Cookies are pieces of information that are transferred from our web server or third-party web servers to the user’s web browser and stored there for later retrieval. Cookies can be small files or other types of information storage.

We use “session cookies”, which are only stored for the duration of the current visit to our online presence. A randomly generated unique identification number, a so-called session ID, is stored in a session cookie. In addition, a cookie contains information about its origin and the storage period. These cookies cannot store any other data. Session cookies are deleted when you have finished using our online offer and log out or close the browser, for example.

Users will be informed about the use of cookies in the context of pseudonymous coverage measurement within the framework of this data protection declaration.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

You can object to the use of cookies that are used for range measurement and advertising purposes via the deactivation page of the network advertising initiative

http://optout.networkadvertising.org/

and additionally the US website

http://www.aboutads.info/choices

or the European website

http://www.youronlinechoices.com/uk/your-ad-choices/

3. Analysis tools and advertising

Google Analytics

We use “Google Analytics” including “Google Signals” on our website, a web analytics service provided by Google Ireland Limited, Google Building Gordon House, Barrow St, Dublin 4, Ireland (hereinafter referred to as “Google”). Google uses cookies, i.e. small text files that are stored on your terminal device and enable an analysis of your use of our website. The information generated by the cookie about the use of our website is usually transmitted to a Google server and stored there. If anonymisation of the IP address to be transmitted by the cookie is activated on the website (“IP anonymisation”), your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server outside the EU and shortened there. Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activity and providing other services relating to website activity and internet usage. In doing so, pseudonymous usage profiles can be created from the processed data.

Recipients of the data are/could be:

  • Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (as processor according to Art. 28 GDPR).
  • Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA
  • Alphabet Inc, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA

It cannot be ruled out that US authorities may access the data stored by Google.

We only use Google Analytics with the activated IP anonymisation described above. This means that your IP address is only processed by Google in abbreviated form. This means that it is not possible to relate the data to a specific person.

We use Google Analytics to analyse the use of our website and to continuously improve individual functions and offers as well as the user experience. The statistical evaluation of user behaviour enables us to improve our services and make them more interesting for you as a user. The legal basis is Art. 6 para. 1 lit. a GDPR (consent).

You can also prevent the storage of cookies generated by Google Analytics by making the appropriate settings in your web browser. Please note that in this case you may not be able to use all the functions of our website. If you wish to prevent the collection of data generated by the cookie and related to your user behaviour (including your IP address) as well as the processing of this data by Google, you can also download and install the web browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

Information from the third-party provider: Google Ireland Limited, Google Building Gordon House, Barrow St, Dublin 4, Ireland.

Further information on data use by Google, on setting and objection options and on data protection can be found on the following Google web pages:

The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected.

LinkedIn Analytics

We use “LinkedIn Analytics” on our website, a service of LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland (hereinafter referred to as: “LinkedIn”). LinkedIn Analytics stores and processes information about your user behaviour on our website. LinkedIn Analytics uses, among other things, cookies, i.e. small text files that are stored locally in the cache of your web browser on your end device and that enable an analysis of your use of our website.

We use LinkedIn Analytics for marketing and optimisation purposes, in particular to analyse the use of our website and to continuously improve individual functions and offers as well as the user experience. The statistical evaluation of user behaviour enables us to improve our offer and make it more interesting for you as a user. This represents a legitimate interest within the meaning of Art. 6 Para. 1 lit. f GDPR. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the consent can be revoked at any time.

You can prevent the installation of cookies by deleting existing cookies and deactivating the storage of cookies in the settings of your web browser. We would like to point out that in this case you may not be able to use all the functions of our website to their full extent. You can also prevent the collection of the aforementioned information by LinkedIn by setting an opt-out cookie on one of the websites linked below:

Marketing Settings (linkedin.com):

Please note that this setting will be deleted when you delete your cookies. You can object to the collection and forwarding of personal data or prevent the processing of this data by deactivating the execution of Java Script in your browser. In addition, you can prevent the execution of Java-Script code altogether by installing a Java-Script blocker (e.g. https://noscript.net/ or https://www.ghostery.com). Please note that in this case you may not be able to use all the functions of our website to their full extent.

Information of the third-party provider: LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland.

Further information on data protection can be found on the following LinkedIn website:

4. Newsletter

If you would like to receive the newsletter offered by us, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. No further data is collected or only on a voluntary basis. We use this data exclusively for sending the requested information and do not pass it on to third parties. The processing of the data provided when registering for the newsletter is based exclusively on your consent (Art. 6 para. 1 lit. a GDPR). You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time, for example via the “unsubscribe” link in the newsletter. The legality of the data processing operations already carried out remains unaffected by the revocation.

The data you provide us with for the purpose of receiving the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and will be deleted from the newsletter distribution list after you unsubscribe from the newsletter or after the purpose has ceased to exist. We reserve the right to delete or block e-mail addresses from our newsletter distribution list at our own discretion within the scope of our legitimate interest according to Art. 6 Para. 1 lit. f GDPR.

After you have unsubscribed from the newsletter distribution list, your email address will be stored by us or the newsletter service provider in a blacklist, if necessary, in order to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 Para. 1 lit. f GDPR). The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.

Newsletter content: We send newsletters, e-mails and other electronic notifications with promotional information (hereinafter “newsletter”) only with the consent of the recipients or a legal permission. If the contents of the Newsletter are specifically described in the registration, they are decisive for the consent of the user. In addition, our newsletters contain information about our products, offers, promotions and our company.

Double opt-in and logging: Registration for our newsletter takes place in a so-called double opt-in process. This means that after registration you will receive an e-mail in which you are asked to confirm your registration. This confirmation is necessary so that no one can register with other email addresses. The registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Likewise, changes to your data stored with the dispatch service provider are logged.

Registration data: To register for the newsletter, it is sufficient to enter your e-mail address. Optionally, we ask you to enter a name for the purpose of a personal address.

Performance measurement: The newsletters contain a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from the server of the dispatch service provider when the newsletter is opened. Within the scope of this retrieval, technical information, such as information on the browser and your system, as well as your IP address and the time of the retrieval are initially collected. This information is used for the technical improvement of the services on the basis of the technical data or the target groups and their reading behaviour on the basis of their retrieval locations (which can be determined with the help of the IP address) or the access times. Statistical surveys also include determining whether newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor that of the dispatch service provider to observe individual users. The analyses serve us much more to recognise the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.

The newsletter is sent and its success measured on the basis of the recipients’ consent pursuant to Art. 6 Para. 1 lit. a, Art. 7 GDPR in conjunction with § 7 Para. 2 No. 3 UWG or on the basis of legal permission pursuant to § 7 Para. 3 UWG.

The logging of the registration process is based on our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR and serves as proof of consent to receive the newsletter.

Cancellation/revocation: You can cancel receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. If the user has only subscribed to the newsletter and has cancelled this subscription, your personal data will be deleted.

Last updated: January 2023