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BAG ( )

Gübelin Group

Privacy Policy

 

This data protection declaration informs you about how we, Gübelin AG and its parent and sister companies (hereinafter referred to as the "Gübelin Group", "we", "us") collect and otherwise process your personal data (hereinafter also referred to as "data" or "personal data") in connection with the processing activities described below. This data protection declaration applies to all websites or apps (hereinafter referred to as "Gübelin website", "our websites") which are subject to the control of the Gübelin Group and which refer to this data protection declaration.

We are committed to handling your personal data responsibly. This privacy policy is designed to meet the requirements of Swiss data protection law. With regard to personal data of users from the European Union, we will also comply with the provisions of the EU General Data Protection Regulation (GDPR), insofar as we are legally obliged to do so. Whether and to what extent these laws apply depends on the individual case.

In this data protection declaration, you will in particular receive information on the following:

This data protection declaration also complies with the wording of the EU General Data Protection Regulation (DSGVO).

Some pages of the Gübelin website can only be viewed by means of prior user registration. In this case, our respective terms of use also apply, which you can find here.

1. Description and scope of data processing

1.1 Visiting the website, creating log files and other electronic offers

Each time the Gübelin website is visited, the web server automatically collects data and information from the computer system of the computer from which the call originates. In particular, the following data is collected, in each case technically anonymised:

  • information about the browser type and the version used
  • the user's operating system
  • the user's Internet service provider
  • the IP address of the user
  • date and time of access
  • the referrer URL (websites from which the user's system accessed our website)
  • websites that are accessed by the user's system via our website
  • the file request of the client (file name and URL).

This data is stored in the log files of our system (or with third parties) together with other data and is collected solely for the purpose of statistical evaluation. This data is not stored together with the user’s other personal data.

When you use other electronic offerings, such as our Wi-Fi network, we collect certain technical data. Technical data also includes the logs in which we record the use of our systems (log data). In some cases, we may also assign a unique identification number to your terminal device (tablet, PC, smart-phone, etc.) (an ID). We use this data to ensure a smooth connection, the comfortable use of the Gübelin website and other electronic offers, the evaluation of system security and stability and for other administrative purposes. This data generally does not allow us to draw any conclusions about your identity. In the context of user accounts or registrations, however, they can be linked with other data categories - and thus possibly with your person.

1.2 Newsletter/Marketing

On our website you have the option of subscribing to a newsletter of the Gübelin Group, which informs you about new products, services, promotions, the magazine, about the Gübelin Group, events, contests, events and the like. When you subscribe to the newsletter, the personal data you enter in the input mask is transmitted to us and stored. Some information is also sent by companies of the Gübelin Group. By subscribing to the newsletter, you agree that we may process your data, that we may transmit your data to the other group companies or (foreign-based) third parties (including the USA, e.g. Mailchimp for newsletter dispatch), that we may track your click and opening behaviour, that we may store your data and information about your use of our services as well as any information provided by you (e.g. product preferences and interests)or information about you received from third party sources or already stored by us in a user profile and evaluate it individually in order to address you with tailored and relevant advertising, and that we may contact you directly in individual cases. If required by law, we will first obtain your consent, unless we have received your contact details as part of our services and you have not expressly declined to receive such marketing measures. You also confirm that you have read and understood our privacy policy. If you no longer wish to receive such mailings from us, you can unsubscribe at any time using the contact details provided. You can also cancel your subscription to a newsletter for the future at any time; there is also a cancellation link at the end of every email.

Insofar as we refer to third party websites for product information etc. and you visit these websites, the corresponding data protection declaration of the respective website operator applies. Gübelin has no influence on this.

1.3 Registration

On our website we offer users the opportunity to register by providing personal data (customer account). The data that you enter in an input mask is transmitted to us and stored. By registering a customer account, you agree that we may process your data. You also confirm that you have read and understood this data protection declaration.

If you decide to receive news / print media when or after opening a customer account (this is done by explicitly ticking the applicable box), you also agree to us using your personal data for marketing purposes such as the delivery of our newsletter and/or the dispatch of catalogues/magazines.

1.4 Contact form, reservation function and e-mail contacting

Our website contains a contact form that can be used to contact us and our experts electronically. This enables us to contact you and deal with your enquiry. If you use this option, the data you enter in the input mask will be transmitted to us unencrypted and stored. By sending the contact form, you agree that we may process your data. You also confirm that you have read and understood this data protection declaration.  Depending on the type of enquiry, responses will be answered by other companies of the Gübelin Group.

Alternatively, it is possible to contact us via the e-mail address provided or by using the "reservation function" service. In this case, the personal data transmitted by you with the e-mail or the personal data according to the input mask will be stored. The e-mail and other digital communication traffic is not encrypted. The risk remains with you.

In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation or for on-site consultation.

1.5 Applications

Our vacancies are published on our website and/or external portals. Our job advertisements, your online application and your initial application are made via the "Haufe Talent Management Tool" belonging to our software partner Haufe-umantis AG. The application process is subject to the separate data protection declaration stored there.

1.6 Chat

A chat function is available on our website. You can use it to contact us and send us documents. The data received in this way is stored and processed by us. The communication is not encrypted.

1.7 In the context of business relationships

We process your data that we receive in the course of our business relationship with our customers, other business partners and other persons involved. This includes, in particular, contact data such as title, first name, surname, gender, date of birth, address, e-mail address, telephone number and other contact data as well as communication data such as exchanged communication content from e-mails, other written correspondence, telephone conversations, video conferences, etc. and information about the type, time and place of the communication.

To the extent permitted, we also obtain data from publicly accessible sources (e.g. commercial registers, media, Internet, social media, etc.). In addition to data that you give us directly, it is data that we receive about you from third parties (authorities, credit information, banks, other third parties), in particular information from public registers, in connection with official and legal proceedings, in connection with your professional functions and activities, information about you in correspondence and meetings with third parties, information we receive from people from your surroundings (e.g. family, friends, acquaintances, consultants, legal representatives, employers). We may also collect information about you from your family, friends, acquaintances, advisers, legal representatives, employers) to enable us to enter into or perform contracts with or involving you (e.g. references, powers of attorney), your address and, where applicable, interests and other socio-demographic data (for marketing purposes).

1.8 Additional purposes

Processing to protect other legitimate interests is one of the other purposes. These cannot be named explicitly. They depend on the individual case.

2. Cookies/tracking and other technologies in connection with the use of our website

2.1 Use of Cookies

Cookies are small text files that are stored in the Internet browser or by the Internet browser on your computer system. Cookies may be necessary for the functioning of the server, improve performance and provide additional functions. The use of cookies serves to make the use of our website more pleasant, faster and safer for you. Our interest in optimising our website is to be regarded as justified. The cookies have an expiry date of up to 24 months. We use various cookies on our website and allow certain third parties to do the same. These third parties are based all over the world, in particular also in the USA. When you first access the Gübelin website, you will be informed about the use of cookies for analysis purposes and reference will be made to this data protection declaration. Depending on the purpose of these cookies, we will ask for your consent before they are used. You can also prevent the storage of cookies in the browser settings. The procedure for checking and deleting cookies depends on the browser you use. You will find information on this either in the help menu of your browser (usually under the keyword "data protection"). Certain functions on the Gübelin website, services and tools are only available with the use of cookies. If cookies are blocked, certain website functions, services, applications and tools may not be usable.

We also include visible and invisible image elements in some of our newsletters and other marketing emails, where permitted, which we can retrieve from our servers to determine if and when you have opened the email so that we can measure and better understand how you use our offers and tailor them to you. You can block this in your email program, most are pre-set to do this.

By using our website and agreeing to receive newsletters and other marketing emails, you consent to the use of these techniques. If you do not wish to do this, then you must set your browser or email program accordingly.

2.2 Google Analytics and other analysis services

We sometimes use Google Analytics, a web analytics service provided by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA, USA) and Google Ireland Ltd. (Google Building Gordon House, Barrow St, Dublin 4, Ireland); both together "Google", whereby Google Ireland Ltd. is our order processor. Google Analytics uses cookies (text files) and similar technologies to collect certain information about the behaviour of individual users on or in the website in question and the terminal device used for this purpose (tablet, PC, smartphone, etc.) and thus enable the analysis of the use of the website.

The information generated by performance cookies (see below) about the use of the website (incl. IP address) is transferred to Google's server in the USA and stored there. We have configured the service in such a way that the IP addresses of users of the websites are shortened by Google within Europe before being forwarded to the USA, so that they cannot be traced back. Google provides us with reports and in this sense can be regarded as our order processor. However, Google also processes certain data for its own purposes. Google may, under certain circumstances, draw conclusions about the identity of visitors to its websites on the basis of the data collected and therefore create personal profiles and link the data obtained to any existing Google accounts of these persons. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. If you consent to the use of Google, you explicitly agree to such processing, which also includes the transfer of personal data to the USA and other countries. Further information on the data protection of Google Analytics can be found on the Google website (keyword "data protection").

2.3 Social Media

We also use so-called plug-ins from social networks such as Facebook, X, YouTube, LinkedIn and Instagram on our website. You can see this by the corresponding buttons/symbols. We have configured these elements so that they are deactivated by default. If you activate them by clicking on them, the operators of the respective social networks can register that you are on our website and where your location is and use this information for their purposes. The processing of your personal data is then the responsibility of this operator in accordance with its data protection declaration. We do not receive any information about you from them.

If you communicate with us via such social networks or comment on or disseminate content from us, we collect corresponding information and process it in accordance with our data protection policy.

When you visit our social media sites, data (e.g. on your user behaviour) may also be transmitted directly to or collected by the provider concerned and processed together with other data already known to it (e.g. for marketing and market research purposes and for personalising platform content). Further information on data processing by social network providers, in which countries they process your data, and your rights can be found in the data protection provisions of the relevant social networks.

3. Legal basis for data processing

3.1 Within the scope of our services and for the fulfilment of contractual obligations

The processing of data is carried out for the purpose of providing our services within the framework of the implementation of our contracts with our customers, including the implementation of pre-contractual measures, as well as post-contractual support. The personal data collected in this way is used, for example, for the entire processing of our services, including any subsequent warranty claims, technical administration, etc. The data is not used for any other purposes. Further details on the purposes of data processing can be found in the relevant contractual documents and terms and conditions.

3.2 Within the framework of the balancing of interests

Insofar as necessary and permissible, we process your data beyond the actual performance of the contract in order to protect the legitimate interests of us or third parties. These include:

  •  Consultation of and data exchange with information centres and other third parties (e.g. debt collection registers, credit information);

  • Examination and optimisation of procedures for needs analysis for the purpose of direct customer contact as well as collection of personal data from publicly accessible sources for the purpose of customer acquisition;

  • advertising or market and opinion research, insofar as you have not objected to the use of your data;

  • assertion of legal claims and defence in legal disputes;

  • Ensuring IT security and IT operations, including video surveillance to maintain house rules and other measures for IT, building and facility security, protecting our employees and other persons and assets belonging to or entrusted to us, such as access controls, visitor lists, network and mail scanners, telephone recordings;

  • Prevention and investigation of criminal offences;

  • Measures for business management and further development of services and products as well as our website;

  • Purchase and sale of business units, companies or parts of companies and other transactions under company law and the associated transfer of data as well as measures for business management. 

3.3 Based on your consent

Insofar as you have given us your consent to process personal data for certain purposes, the lawfulness of this processing is based on your consent, insofar as we have no other legal basis. Consent given can be revoked at any time. This also applies to the revocation of declarations of consent given to us prior to the application of the GDPR. The revocation of consent does not affect the lawfulness of the data processed up to the point of revocation.

3.4 Due to legal requirements or in the public interest

We are also subject to various legal obligations in connection with which we must process your data.

4. Duration of the processing of your personal data

We store your data only as long as it is necessary for the respective purpose and the fulfilment of our contractual and legal obligations, including legal retention obligations (usually 10 years), or if you have given us your consent.

We continue to process your data for as long as we have a legitimate interest in storing it. This may be the case in particular if we need personal data to enforce or defend claims, for archiving purposes and to ensure IT security.

5. Passing on data to third parties

We will only disclose your data to third parties in the course of our business activities and for the purposes described in this privacy policy if we are obliged to do so by law, court order or official regulation, if the disclosure is necessary for the assertion, exercise or defence of legal claims or for the performance of contracts and business activities, or on the basis of your consent. These third parties include in particular:

  • Group companies of the Gübelin Group. The group companies can use the data according to this data protection declaration for themselves for the same purposes as we do. We may also disclose particularly sensitive data to our group companies.
  • Order processors such as providers, service providers for the evaluation of the benefits of the website (marketing purposes), service providers for IT services (data management, data storage, technical sup-port; newsletter dispatch etc.), service providers in the field of recruitment, talent management, HR or other services;
  • External business partners (e.g. dealers, suppliers, subcontractors, banks, collection agencies) and experts in connection with the contractual service;
  • Competitors, industry bodies, associations, organisations and other bodies;
  • Acquirers and parties interested in acquiring business divisions, companies or other parts of the Gübelin Group;
  • media;
  • domestic and foreign authorities, official agencies or courts;
  • other parties in potential and actual legal proceedings.

These third parties have contractually committed to us to use personal data only for the agreed purposes, not to sell it to other third parties and not to disclose it to other third parties, except as required by law, permitted by us or described in this privacy policy.

6. Transfer of personal data abroad

We process personal data not only in Switzerland. Your data may be processed in the European Union as well as in any country in the world (including the USA). We are entitled to pass on your data to third companies abroad if this is necessary to carry out your orders, if it is permitted by law or if you have given us your consent. If the level of data protection in a country is deemed inappropriate for Swiss conditions or within the meaning of the EU General Data Protection Regulation (GDPR) (including the USA), we provide suitable data protection by means of appropriate guarantees (e.g. standard contractual clauses), provided that there is no legal exception (e.g. your consent), the recipient is not already subject to a legally recognised set of rules (e.g. Swiss-USA Data Privacy Framework) to ensure data protection or we can rely on an exceptional provision. Such contractual provisions (guarantees) partially compensate for weaker or missing legal protection, but not all risks can be completely excluded (e.g. from government access abroad).

Please also note that data exchanged via the Internet is often routed via third countries. Your data can therefore end up abroad even if the sender and the recipient are in the same country.

7. Data security

We use appropriate technical and organisational measures to protect the data we hold about you from alteration, partial or total loss, destruction and unauthorised access by third parties. Technical security measures include such things as encryption (including login data) and pseudonymisation of data, logging, access restrictions and the storage of backup copies.

We also take our own internal data protection very seriously. Our employees and the service companies commissioned by us are obliged to maintain confidentiality and to comply with the provisions of data protection law. Our contractors are also obliged to take appropriate technical and organisational security measures. Furthermore, they are only granted access to personal data to the extent necessary.

Our security measures are continuously adapted in line with technological developments. Absolute protection cannot be guaranteed.

8. Your rights

You have several options when using the Gübelin website and our services. You can choose not to provide any (personal) data at all by not filling in any relevant forms or data fields on our website, blocking cookies and not using any of the available personalised services. If you choose to provide personal data, you have the following rights, if provided for by applicable law:

  •  the right to information as to whether and which of your data we are processing;
  • the right to rectification if the data is inaccurate;
  • the right to request deletion;
  • the right to request the restriction of data processing;
  • the right to withdraw your consent;
  • where applicable, the right to request that we return certain data to you in a commonly used electronic format;
  • the right to object to our data processing;
  • where applicable, the right to express your point of view in the case of an automated individual decision and to request that the decision be reviewed by a natural person. 

Your rights are not absolute. However, we reserve the right to apply the restrictions provided for by law. We will inform you accordingly.

If you wish to exercise your rights against us, please include appropriate personal identification.

Every data subject also has the right to enforce his or her claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (www.edoeb.admin.ch). A list of the European data protection authorities can be found here

9. Our contact address

Gübelin AG, Lucerne/Switzerland, is responsible under data protection law for data processing in accordance with this data protection declaration, unless otherwise communicated in individual cases (e.g. in other data protection declarations, on forms, contracts, etc.).

If you wish to contact us regarding our use of your personal data or object to the processing of your personal data, please send us an e-mail to info@gubelin.com or contact us by post at the following address:

Gübelin AG

Maihofstrasse 102

CH-6006 Lucerne

Switzerland

10. Reservation of right of modification

This Privacy Policy does not form part of any contract with you. We reserve the right to change this data protection declaration at any time, in particular if we change our data processing or if new legal provisions become applicable. The version published on this website is the current version; earlier versions are replaced by the new version.

The German language version of this privacy policy is the only binding version.

 

Last updated: September 2023