Content
I. Name and address of the person responsible
II. General information on data processing
III. Provision of the online shop/website and creation of log files
IV. Use of cookies
V. Newsletter
VI. Registration
VII. Contact form, e-mail and WhatsApp contact
VIII. Application tool
IX. Social media
X. Website analytics tools
XI. Google maps
XII. Rights of the data subject
I. Name and address of the responsible person
The responsible party within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is the:
Hygolet (Europe) AG
Oliver Hort
Zürcherstrasse 70
8620 Wetzikon
Switzerland
Phone: +41 44 933 06 60
E-mail: datenschutz@hygolet.ch
Web: www.hygolet.ch
II. General information on data processing
Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Swiss Confederation (Data Protection Act, DPA), every person is entitled to protection of his or her privacy as well as protection against misuse of his or her personal data.
Hygolet (Europe) AG, the operator of this online shop/website, takes the protection of users’ personal data very seriously. Therefore, personal data is treated confidentially and in accordance with the statutory data protection regulations and this privacy policy. Personal data is treated as strictly confidential and is neither sold nor passed on to third parties.
In close cooperation with the hosting providers, Hygolet (Europe) AG endeavors to protect the databases as well as possible against unauthorized access, loss, misuse or falsification.
It is pointed out that data transmission on the Internet can have security gaps. Complete protection of data against access by third parties is therefore not possible. However, every effort is made to ensure that the Hygolet online shop/website is always kept up to date with the latest security standards.
When accessing the Hygolet online store as well as their website, the following data is stored in log files: IP address, date, time, browser request and generally transmitted information about the operating system or browser. Registration is generally not necessary for use.
By using it, you agree to the collection, processing and use of your data as described below.
1. Scope of the processing of personal data
As a matter of principle, Hygolet (Europe) AG only uses personal data of its users to the extent that this is necessary for the provision of a functioning online shop/website as well as its contents and services. The processing of personal data of users is regularly only carried out after 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.
2. Legal basis for the processing of personal data
Insofar as Hygolet (Europe) AG obtains 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 GDPR serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.
Insofar as processing of personal data is necessary for compliance with a legal obligation to which Hygolet (Europe) AG is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6 (1) lit. d GDPR serves as the legal basis.
If the processing is necessary to protect a legitimate interest of Hygolet (Europe) AG or a third party and if the interests, fundamental rights and freedoms of the data subject do not override the former interest, Article 6 (1) f GDPR serves as the legal basis for the processing.
3. Data deletion and storage period
The personal data of the data subject shall be deleted or blocked as soon as the purpose of the storage no longer applies. Storage may also take place 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.
III. Provision of the online shop/website and creation of log files
1. Description and scope of data processing
Each time the Hygolet online shop/website is called up, the system automatically records data and information from the computer system of the calling computer.
The following data is collected:
- Information about the browser type and version used
- The operating system of the user
- The Internet service provider of the user
- The IP address of the user
- Date and time of access
- Websites from which the user’s system accesses the online shop/website
- Websites that are called up by the user’s system via the Hygolet online shop/website
The data is also stored in the log files of the system. This data is not stored together with other personal data of the user.
2. Legal basis for data processing
The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f GDPR.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the online shop/website to the user’s computer. For this purpose, the IP address of the user must remain stored for the duration of the session.
The storage in log files takes place to ensure the functionality. In addition, Hygolet (Europe) AG uses the data to optimize the online shop/website and to ensure the security of the information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes also constitute the legitimate interest of Hygolet (Europe) AG in data processing pursuant to Art. 6 (1) lit. f GDPR.
4. 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 online shop/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.
5. Possibility of objection and elimination
The collection of data for the provision of the online shop/website and the storage of the data in log files is mandatory for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
IV. Cookies use
1. Description and scope
The Hygolet online shop/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. If a user calls up a soap, a cookie may be stored on the user’s operating system. This cookie contains a characteristic character string that enables the browser to be uniquely identified when the online shop/website is called up again.
Hygolet (Europe) AG uses cookies to make the online shop/website more user-friendly. Some elements of the Hygolet online shop/website require that the calling browser can be identified even after a page change.
Hygolet (Europe) AG also uses cookies on its online shop/website that enable an analysis of the user’s surfing behavior.
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 the Hygolet online shop/website, users are informed by an info 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.
When calling up the Hygolet online shop/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 data protection declaration is also made.
2. Legal basis for data processing
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f GDPR.
The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 (1) lit. a GDPR if the user has consented to this.
3. Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of the Hygolet online shop/website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.
Cookies are used for the following applications:
- Shopping cart
- Adoption of language settings
- Remember search terms
The user data collected through technically necessary cookies are not used to create user profiles.
The analysis cookies are used for the purpose of improving the quality of the online shop/website and its content. The analysis cookies provide information on how the online shop/website is used and can thus continuously optimize the offer of Hygolet (Europe) AG.
These purposes also constitute the legitimate interest of Hygolet (Europe) AG in processing the personal data pursuant to Art. 6 (1) lit. f GDPR.
4. Duration of storage, possibility of objection and elimination
Cookies are stored on the user’s computer and transmitted by it to the Hygolet (Europe) AG site. Therefore, the user also has full control over the use of cookies. By changing the settings in the Internet browser, the user can deactivate 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 the Hygolet online shop/website, it may no longer be possible to use all functions to their full extent.
V. Newsletter
1. Description and scope of data processing
On the Hygolet online shop/website it is possible to subscribe to a free newsletter. When registering for the newsletter, the data from the input mask is transmitted to Hygolet (Europe) AG.
In addition, the following data is collected during registration:
- IP address of the calling computer
- Date and time of registration
For the processing of data, the consent of the user is obtained during the registration process and reference is made to this privacy policy.
If the user purchases goods or services on the Hygolet online store and deposits his e-mail address, this may subsequently be used by Hygolet (Europe) AG for sending a newsletter. In such a case, only direct advertising for own similar goods or services is sent via the newsletter.
No data will be passed on to third parties in connection with the data processing for sending newsletters. The data is used exclusively for sending the newsletter.
2. Legal basis for data processing
a. Due to the registration of the user
The legal basis for the processing of data after registration for the newsletter by the user is Art. 6 para. 1 lit. a GDPR if the user has given his consent.
b. Due to 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.
3. Purpose of data processing
The collection of the user’s e-mail address serves to be able to deliver the newsletter.
The collection of other personal data during the registration process serves to prevent misuse of the services or the e-mail address used.
4. 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 will be stored as long as the subscription to the newsletter is active.
The other personal data collected during the registration process is usually deleted after a period of seven days.
5. Possibility of objection and elimination
The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose, a corresponding link can be found in each newsletter.
This also enables the revocation of consent to the storage of personal data collected during the registration process.
VI. Registration
1. Description and scope of data processing
The Hygolet online shop/website offers users the opportunity to register by providing personal data. The data is entered in an input mask and transmitted to Hygolet (Europe) AG and stored. The data is not passed on to third parties. The following data is collected as part of the registration process:
- First name, last name
- Address data
- Mail address
- Phone number
The following data is also stored at the time of registration:
- 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.
2. Legal basis for data processing
The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given his consent.
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 para. 1 lit. b GDPR.
3. Purpose of data processing
a. The registration does not serve to conclude a contract
User registration is required for the provision of certain content and services on the Hygolet online shop/website.
b. The registration serves for the conclusion of a contract
Registration of the user is necessary for the fulfillment of a contract with the user or for the implementation of pre-contractual measures.
The collection of personal data is indispensable for the recording of an order, as the information is required for correspondence and dispatch.
4. Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected.
a. The registration does not serve to conclude a contract
This is the case for the data collected during the registration process if the registration on the Hygolet online shop/website is cancelled or modified.
b. The registration serves for the conclusion of a contract
This is the case for the data stored during the registration process for the fulfillment of a contract or for the implementation of pre-contractual measures if the data is no longer required for the implementation of the contract. Even after the conclusion of the contract, there may be a need to store personal data of the contractual partner in order to fulfill contractual or legal obligations.
5. Possibility of objection and elimination
The user has the possibility to cancel the registration at any time. He can have the data stored about him changed at any time.
If the data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, early deletion of the data is only possible insofar as contractual or legal obligations do not prevent deletion.
For this purpose, please contact the following address: datenschutz@hygolet.ch
VII. Contact form, e-mail and WhatsApp contact
1. Description and scope of data processing
A contact form is available on the Hygolet online shop/website, which can be used for electronic contact. If a user takes advantage of this option, the data entered in the input mask is transmitted to Hygolet (Europe) AG and stored. These data are:
- First name, last name
- Mail address
The following data is also stored at the time the message is sent:
- The IP address of the user
- Date and time of registration
For the processing of data, the consent of the user is obtained during the submission process and reference is made to this privacy policy.
Alternatively, it is possible to contact us via the e-mail address provided. In this case, the personal data of the user transmitted with the e-mail will be stored.
In this context, the data will not be passed on to third parties. The data is used exclusively for the processing of the conversation.
In the event of contact via WhatsApp, the user expressly grants Hygolet (Europe) AG permission to use his personal data – necessary in the context of contacting him – by contacting him. In doing so, Hygolet (Europe) AG refers to the data usage consent on the part of WhatsApp, which the user already entered into when installing the application.
2. Legal basis for data processing
The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given his consent.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) lit. f GDPR. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.
3. Purpose of data processing
The processing of the personal data from the input mask serves Hygolet (Europe) AG solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed during the submission process are used to prevent misuse of the contact form and to ensure the security of the information technology systems.
4. Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
5. Possibility of objection and elimination
The user has the option to revoke his consent to the processing of personal data at any time. If the user contacts Hygolet (Europe) AG by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.
For this purpose, please contact the following address: datenschutz@hygolet.ch
VIII. Application tool
1. General information on the submission of applications
The electronic application tool of Hygolet (Europe) AG will be made available to applicants for the submission of their documents required during the recruitment phase.
Any personal data, including data resulting from all attachments, entered by the applicant will be forwarded, stored and used by Hygolet (Europe) AG to the respective department for verification.
Applicants whose profile at Hygolet (Europe) AG may be of interest internally to other departments will be passed on with the best of intentions and in compliance with personal rights. Applicants may be assured that their application will be handled in a professional and workmanlike manner.
2. Type of storage
The storage of the data is encrypted on the servers of Hygolet (Europe) AG.
3. Access to the data
The persons necessary for recruitment as well as the Human Resources Department of Hygolet (Europe) AG have access to submitted applications.
The data is encrypted from unauthorized access.
4. Accuracy of the data
Hygolet (Europe) AG assumes that the personal data provided is true, correct, unambiguous and up-to-date.
5. Possibility of objection and elimination
Every applicant has the right to have any personal data blocked, deleted or changed. If the deletion of the data is not requested, it will remain stored even after the recruitment process has been completed, also in order to keep further, future possibilities and opportunities open.
In order to have the data deleted in the context of the application, the applicant should contact the following address: datenschutz@hygolet.ch.
6. Administration of the data
Hygolet (Europe) AG does not guarantee the availability of the job portal, the correctness and freedom from errors of the information contained therein or the freedom from property rights and copyrights of third parties.
7. Disclaimer
The liability of Hygolet (Europe) AG is excluded unless there is a mandatory legal liability (e.g. due to intent, violation of personal rights as well as gross negligence).
8. Data protection consent
By sending the application, the applicant agrees to the data protection law.
- The applicant agrees to the transfer of the data to Hygolet (Europe) AG and to the necessary persons required for the recruitment process.
- If the applicant voluntarily provides special personal data (e.g. by providing information in the attachments), he/she agrees that the data will be handled as described in this document.
- The applicant agrees to the retention of the application data as described.
Revocation is possible at any time as described in this subitem 5.
IX. Social media
1. General information about the use
Hygolet (Europe) AG uses social media in various ways. By using the respective medium, the user agrees to the terms of use applicable there. These are not transferable to Hygolet (Europe) AG.
YouTube videos are directly integrated on and in the online shop/website of Hygolet (Europe) AG and can thus be played on the respective page. These are all stored at www.youtube.com. If the user does not play the videos, no data is transmitted. This data transmission is not within the sphere of influence of Hygolet (Europe) AG.
YouTube is a service of Google Inc.
By visiting the online shop/website of Hygolet (Europe) AG, YouTube receives the information that the corresponding subpage has been accessed. In addition, the data is evaluated by Google Analytics, as described in the item website analysis. This happens with or without a user account at YouTube. If no direct assignment is desired, the user is advised to log out of the YouTube account before visiting the Hygolet online shop/website. YouTube stores the user data as usage profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website.
2. Legal basis of the data processing
The legal basis for the integration of YouTube is Art. 6 para.1 lit. f GDPR.
3. Purpose of data processing
By embedding it, Hygolet (Europe) AG enables the user to interact with YouTube and other users so that the user experience can be improved and made even more interesting for them.
4. Duration of storage
Hygolet (Europe) AG cannot make any statement about the duration of storage by YouTube due to a lack of information.
5. Possibility of objection and elimination
You have the right to object to the creation of these user profiles, and the user must contact Google to exercise this right.
X. Website analytics tools
1. Description and scope of data processing
Hygolet (Europe) AG uses Google Analytics, a web analytics service provided by Google Inc. The European headquarters is Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland.
The Terms of Use are available at https://marketingplatform.google.com/about/analytics/terms/us/, the Privacy Policy Overview is available at https://safety.google/intl/us/security-privacy/, and the Privacy Policy is available at https://policies.google.com/privacy?hl=de.
This is the following information:
- Origin (country and city)
- Language
- Operating system
- Device (PC, tablet PC or smartphone)
- Browser and add-ons used
- Click areas (heatmap)
- Session duration
- Bounce rate
In the event that IP anonymization is activated on this online shop/website, however, the IP address of the user will be shortened beforehand by Google Inc. within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. In doing so, IP addresses are further processed in a shortened form, a personal allocation can thus be excluded. Insofar as the data collected about the user has a personal reference, this is therefore immediately excluded and the personal data is thus immediately deleted.
Only in exceptional cases is the full IP address transferred to a Google server in the USA and shortened there. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6 para. 1 lit. f GDPR.
On behalf of Hygolet (Europe) AG, Google will use this information for the purpose of evaluating your use of the online shop/website, compiling reports on its activities and providing other services relating to online store usage and internet usage to the online store operator.
The IP address transmitted by the user’s browser as part of Google Analytics is not merged with other data from Google Inc.
2. Legal basis for the processing of personal data
The legal basis for the processing of the users’ personal data is Art. 6 para. 1 lit. f GDPR.
3. Purpose of data processing
The processing of the users’ personal data enables Hygolet (Europe) AG to analyze the surfing behavior of its users. Through this evaluation of the data obtained, Hygolet (Europe) AG is able to compile information about the use of the individual components of the online shop/website. This helps to continuously improve the online shop/website and its user-friendliness. In these purposes also lies the legitimate interest in the processing of data according to Art. 6 para. 1 lit. f GDPR. By anonymizing the IP address, the interest of users in the protection of their personal data is sufficiently taken into account.
4. Duration of storage
The data is deleted as soon as it is no longer required for the recording purposes of Hygolet (Europe) AG.
5. Possibility of objection and elimination
Cookies are stored on the user’s computer and transmitted by it to the Hygolet online shop/website. Therefore, the user also has full control over the use of cookies. By changing the settings in his Internet browser, the user 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 disabled for the online shop/website, it may no longer be possible to use all functions to their full extent.
XI. Google-Maps
1. Description and scope of data processing
Hygolet (Europe) AG uses the Google Maps service in the online shop/website.
Google Maps is a service of Google Inc. The associated data protection declaration as well as information on user rights and setting options for the protection of privacy can be found at https://www.google.de/intl/de/policies/privacy . Google also processes personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
By visiting the Hygolet online shop/website, Google receives the information that the user has called up the corresponding subpage. In addition, the data is evaluated by Google Analytics, as described in the item website analysis. This is done with or without a user account with Google. If no direct assignment is desired, the user would have to log out of the Google account before visiting the Hygolet online shop/website. Google stores the user data as usage profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website.
2. Legal basis of the data processing
The legal basis for the integration of Google Maps is Art. 6 para. 1 lit. f GDPR.
3. Purpose of data processing
By embedding it, Hygolet (Europe) AG enables the user to directly and easily access the interactive map displayed directly in the online shop/website. Furthermore, a comfortable use of the map functions is enabled.
4. Duration of storage
Hygolet (Europe) AG cannot make any statement about the duration of storage by Google due to a lack of information.
5. Possibility of objection and elimination
You have the right to object to the creation of these user profiles, and the user must contact Google to exercise this right.
XII. Rights of the data subject
If personal user data is processed, the user has the following rights vis-à-vis the controller within the meaning of the GDPR:
1. Right to information
The user may request confirmation from the controller as to whether personal data concerning him or her are being processed by Hygolet (Europe) AG.
If there is such processing, the user may request information from the controller about the following:
- the purposes for which the personal data are processed;
- the categories of personal data which are processed;
- the recipients or categories of recipients to whom the personal data concerning the user have been or will be disclosed;
- the planned duration of the storage of the personal data concerning the user or, if concrete information on this is not possible, criteria for the determination of the storage duration;
- the existence of a right to rectification or erasure of the personal data concerning the user, a right to restriction of processing by the controller or a right to object to such processing;
- the existence of a right of appeal to a supervisory authority;
- any available information on the origin of the data, if the personal data are not collected from the data subject;
- the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
The user has the right to request information about whether the personal data concerning him are transferred to a third country or to an international organization. In this context, he may request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
2. Right to rectification
The User has a right to rectification and/or completion vis-à-vis the Controller, insofar as the processed personal data concerning him/her are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
3. Right to restriction of processing
Under the following conditions, the user may request the restriction of the processing of personal data concerning him:
- if he disputes the accuracy of the personal data concerning him for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and he/she refuses the erasure of the personal data and instead requests the restriction of the use of the personal data;
- the controller no longer needs the personal data for the purposes of processing, but requires them for the assertion, exercise or defense of legal claims, or
- if he has objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet clear whether the legitimate grounds of the controller override the grounds of the user.
Where the processing of personal data relating to the user has been restricted, such data may be processed, except for storage, only with the consent of the user or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, the user will be informed by the controller before the restriction is lifted.
4. Right to deletion
a. Obligation to delete
The User may request the Controller to delete the personal data concerning him or her without undue delay, and the Controller shall be obliged to delete such data without undue delay, if one of the following reasons applies:
- The personal data concerning the user are no longer necessary for the purposes for which they were collected or otherwise processed.
- He revokes his consent on which the processing was based according to Art. 6(1)(a) or Art. 9(2)(a) GDPR and there is no other legal basis for the processing.
- He/she objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or he/she objects to the processing pursuant to Art. 21 (2) GDPR.
- The personal data concerning him have been processed unlawfully.
- The deletion of the personal data concerning the user is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data concerning him were collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.
b. Information to third parties
If the controller has made the personal data concerning the user 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 which process the personal data that the user, as data subject, has requested that they erase all links to or copies or replications of such personal data.
c. Exceptions
The right to erasure does not exist insofar as the processing is necessary to
- to exercise the right to freedom of expression and information;
- 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;
- for reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) of the GDPR, 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
- for the assertion, exercise or defense of legal claims.
5. Right to information
If the user has asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom personal data concerning the user have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
The user has the right to be informed about these recipients by the responsible party.
6. Right to data portability
The user has the right to receive the personal data concerning him that he has provided to the controller in a structured, common and machine-readable format. In addition, he has the right to transmit this data to another controller without hindrance by the controller to whom the personal data was provided, provided that
- the processing is based on consent pursuant to Art. 6 (1) a GDPR or Art. 9 (2) a GDPR or on a contract pursuant to Art. 6 (1) b GDPR and
- the processing is carried out with the help of automated procedures.
In exercising this right, the user also has the right to have the personal data concerning him or her transferred directly from one controller to another controller, insofar as this is technically feasible. The 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.
using technical specifications.
7. Right of objection
The User has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data relating to him or her which is carried out on the basis of Article 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning the user unless it can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the user, or for the establishment, exercise or defense of legal claims.
If the personal data concerning the User is processed for the purposes of direct marketing, the User shall have the right to object at any time to the processing of personal data concerning him/her for the purposes of such marketing; this shall also apply to profiling insofar as it is related to such direct marketing.
If the user objects to processing for direct marketing purposes, the personal data concerning him or her will no longer be processed for these purposes.
It has the possibility, in connection with the use of information society services – notwithstanding Directive 2002/58/EC – to exercise the user’s right to object by means of automated procedures using technical specifications.
8. Right to revoke the declaration of consent under data protection law
The user has the right to revoke his 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.
For this purpose, please contact the following address: datenschutz@hygolet.ch
9. Automated decision in individual cases including profiling
The User has the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning him or her or similarly significantly affects him or her. This does not apply if the decision
- is necessary for the conclusion or fulfillment of a contract between you and the responsible party,
- is permitted on the basis of legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to safeguard the rights and freedoms of the users as well as the legitimate interests or
- is done with his 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 the rights and freedoms and legitimate interests of the user.
With regard to the aforementioned cases, the Controller shall take reasonable measures to safeguard the rights and freedoms as well as the legitimate interests of the Controller, including at least the right to obtain the intervention of a person from the Controller, to express his point of view and to contest the decision.
10. Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, the User shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their residence, their place of work or the place of the alleged infringement, if they consider that the processing of personal data relating to them infringes the GDPR.
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 under Article 78 GDPR.
