Data Protection Declaration
1) Information on the Collection of Personal Data and Contact Details of the Controller
1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.
1.2 The controller in charge for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is emporix AG, Fabrikstrasse 5, 6330 Cham, Schweiz, Tel.: +41 41 7810517, E-Mail: info(ät)emporix.com. The controller in charge of the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
1.3 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the controller). You can recognize an encrypted connection by the character string https:// and the lock symbol in your browser line.
2) Data Collection When You Visit Our Website
When using our website for information only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:
- Our visited website
- Date and time at the moment of access
- Amount of data sent in bytes
- Source/reference from which you came to the page
- Browser used
- Operating system used
- IP address used (if applicable: in anonymized form)
Data processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any concrete indications of illegal use.
In order to make your visit to our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your terminal and enable us or our partner companies (third-party cookies) to recognize your browser on your next visit (persistent cookies). If cookies are set, they collect and process specific user information such as browser and location data as well as IP address values according to individual requirements. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie.
If personal data are also processed by individual cookies set by us, the processing is carried out in accordance with Art. 6 (1) point b GDPR either for the execution of the contract or in accordance with Art. 6 (1) point f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.
We work together with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). You will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the following sections.
Please note that you can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or generally. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You will find these for the respective browsers under the following links:
Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
Please note that the functionality of our website may be limited if cookies are not accepted.
In the context of contacting us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration. The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided that there are no legal storage obligations to the contrary.
5) Use of Your Data for Direct Advertising
5.1 If you subscribe to our e-mail newsletter, we will send you regular information about our offers. The only mandatory information for sending the newsletter is your e-mail address. The indication of additional possible data is voluntary and is used to be able to address you personally. We use the so-called double opt-in procedure for sending the newsletter. This means that we will not send you an e-mail newsletter, unless you have expressly confirmed to us that you agree to the sending of the newsletter. We will then send you a confirmation e-mail asking you to confirm that you wish to receive future newsletters by clicking on an appropriate link.
By activating the confirmation link, you give us your consent to the use of your personal data in accordance with Art. 6 (1) point a GDPR. When you register for the newsletter, we store your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration so that we can trace any possible misuse of your e-mail address at a later time. The data collected by us when registering for the newsletter will be used exclusively for the purpose of advertising by means of the newsletter. You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a message to the responsible person named above. After your cancellation, your e-mail address will immediately be deleted from our newsletter distribution list, unless you have expressly consented to further use of your data or we reserve the right to use data in excess thereof, which is permitted by law and about which we inform you in this declaration.
5.2 If you have provided us with your e-mail address when purchasing products, we reserve the right to regularly send you offers for products similar to those already purchased from our range by e-mail. Pursuant to Section 7 (3) German law against unfair competition, we do not need to obtain separate consent from you for this. In this respect, data processing is carried out solely on the basis of our legitimate interest in personalized direct advertising pursuant to Art. 6 (1) point f GDPR. If you have initially objected to the use of your e-mail address for this purpose, we will not send you an e-mail. You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by notifying the controller named at the beginning. In this regard, you only have to pay the transmission costs according to the basic tariffs. Upon receipt of your objection, the use of your e-mail address for advertising purposes will cease immediately.
5.3 Our e-mail newsletters are sent via the technical service provider, The Rocket Science Group, LLC d/b/a MailChimp, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA (https://mailchimp.com), to whom we pass on the data you provided when registering for the newsletter. This disclosure is made in accordance with Art. 6 (1) point f GDPR and serves our legitimate interest in the use of an effective, secure and user-friendly newsletter system. Please note that your data is usually transferred to a MailChimp server in the USA and stored there.
MailChimp uses this information to send and statistically evaluate the newsletter on our behalf. For evaluation purposes, the e-mails sent contain so-called web beacons or tracking pixels, which represent single-pixel image files stored on our website. This allows us to determine whether a newsletter message has been opened and which links have been clicked on. In addition, technical information is recorded (e.g. time of retrieval, IP address, browser type and operating system). The data are raised exclusively in a pseudonymized format and are not linked with other personal data from you. A direct personal relationship is excluded. This data is used exclusively for statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients.
If you wish to object to the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.
Furthermore, MailChimp can use this data according to Art. 6 (1) point f GDPR even on the basis of its own legitimate interest in the demand-oriented design and optimization of the service as well as for market research purposes, for example to determine from which countries recipients come. However, MailChimp does not use the data of our newsletter recipients to address those recipients or pass that data on to third parties.
To protect your data in the USA, we have concluded a data processing agreement ("Data-Processing-Agreement") with MailChimp on the basis of the standard contractual clauses of the European Commission to enable the transmission of your personal data to MailChimp. If interested, this data processing agreement can be viewed at the following Internet link: https://mailchimp.com/legal/data-processing-addendum/
6) Use of Videos
Use of Youtube Videos
This website uses the YouTube embedding function for display and playback of videos offered by the provider YouTube, which belongs to Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 ESW5, Ireland ("Google").
To this end, the extended data protection mode is used to ensure, according to provider information, that user information will only be stored once the playback function of the video is started. When the playback of embedded YouTube videos is started, the provider sets "YouTube" cookies in order to collect information about user behavior. According to indications from YouTube, the use of those cookies is intended, among other things, to record video statistics, to improve user-friendliness and to avoid improper actions. If you are logged in to Google, your information will be directly associated with your account when you click on a video. If you do not wish to be associated with your profile on YouTube, you must log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them. Such an evaluation takes place in particular according to Art. 6 (1) point f GDPR, on the basis of the legitimate interests of Google in the insertion of personalized advertising, market research and/or demand-oriented design of its website. You have the right to object to the creation of these user profiles, whereby you must contact YouTube to exercise this right. When using YouTube, personal data may also be transmitted to the servers of Google LLC. in the USA.
Regardless of whether the embedded video is played back, a connection to the Google network "double click" is established when visiting this website. This may trigger further data processing beyond our control.
Further information on YouTube data protection can be found in the provider's data protection statement at: www.google.com/policies/privacy/
To the extent required by law, we have obtained your consent to the processing of your data as described in accordance with Art. 6 (1) point a GDPR. You can withdraw your consent at any time with effect for the future. In order to exercise your right of withdrawal, please follow the procedure described above.
LinkedIn Marketing Solutions
We use "LinkedIn Marketing Solutions" on our website, a service provided by LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland (hereinafter "LinkedIn"). This service enables visitors to our website to be directed to other content of their own that is likely to be of interest to them, based on their usage patterns on the LinkedIn social network. The display of this content is based on a cookie-based analysis of previous usage behaviour, but no personal data is stored. For this interest-based content determination, cookies, i.e. small text files, are stored on your computer or mobile device to collect pseudonymised data about your surfing behaviour and thus to adapt the content individually to the stored information.
Insofar as the information collected and evaluated contains personal references, processing is carried out in accordance with Art. 6 Para. 1 letter f GDPR on the basis of our justified interest in the display of personalised page content and in market research.
The information can be assigned to the user's person with the help of further information that LinkedIn has stored about the user, e.g. due to the ownership of an account on the social network "LinkedIn". LinkedIn uses an algorithm to analyse the surfing behaviour and can then display targeted product recommendations as personalised advertising banners on the user's LinkedIn account. LinkedIn may also combine the information collected via the cookies with other information LinkedIn has collected via other websites and/or in connection with the use of the "LinkedIn" social network, thus creating pseudonymous user profiles. Under no circumstances, however, can the information collected be used to personally identify visitors to this website.
You can prevent LinkedIn from collecting the aforementioned information by setting an opt-out cookie on one of the websites linked below:
Insofar as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 para. 1 lit. a GDPR. You can revoke your consent at any time with effect for the future by deactivating this service in the "Cookie Consent Tool" integrated on this website.
Further information on LinkedIn's data protection provisions can be found on the following website: https://www.linkedin.com/legal/privacy-policy
8) Tools and Miscellaneous
This website uses the cookie consent tool Borlabs of the provider Mr. Benjamin A. Bornschein, Georg-Wilhelm-Str. 17, 21107 Hamburg, Germany ("Borlabs"), which sets two technically necessary cookies ("borlabsCookie" and "borlabsCookieUnblockContent") to store your cookie preferences. The aforementioned processing takes place in accordance with Art. 6 Para. 1 lit. f GDPR on the basis of our legitimate interest in the provision of a cookie preference management system for website visitors.
The "borlabsCookie" does not process any personal data. The "borlabsCookie" stores your selected preference, which you selected upon opening the website. The "borlabsCookieUnblockContent" cookie stores which (external) media/content you always want to have automatically unblocked. If you wish to revoke these settings, simply delete the cookies in your browser. When you reenter/reload the website, you will be asked again for your cookie preferences.
8.2 Google reCAPTCHA
On this website we also use the reCAPTCHA function of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). This function is mainly used to distinguish whether an entry is made by a natural person or misused by automatic and automated processing. The service includes the sending of the IP address and possibly other data required by Google for the reCAPTCHA service to Google and is carried out in accordance with Art. 6 (1) point f GDPR, on the basis of our legitimate interest in determining the individual willingness of actions on the Internet and avoiding misuse and spam.
8.3 Google Web Fonts
This site uses web fonts provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google") to uniformly display fonts. When you call up a page, your browser loads the required web fonts into its browser cache to display texts and fonts correctly.
To do this, the browser you are using must have a connection to Google's servers. When using Google Maps, personal data may also be transmitted to the servers of Google LLC. in the USA. In this way, Google will be informed that our website has been accessed via your IP address. Google Web Fonts are used for the purpose of a uniform and attractive presentation of our online offers and its use is in our legitimate interest within the meaning of Art. 6 (1) point f GDPR. If your browser does not support web fonts, a default font is used by your computer.
8.4 Applications for job advertisements by e-mail
On our website we advertise currently vacant positions in a separate section, for which interested parties can apply by e-mail to the contact address provided.
In order to be included in the application process, applicants must provide us with all personal data required for a well-founded and informed assessment and selection together with their application by e-mail.
The required data includes general personal information (name, address, telephone or electronic contact details) as well as performance-specific evidence of the qualifications required for a position. Where appropriate, health-related information may also be required which, in the interests of social protection, must be given special consideration in the applicant's person under labour and social law.
Which components an application must contain in individual cases for it to be considered and in what form these components are to be sent by e-mail can be found in the respective job advertisement.
After receipt of the application sent using the specified e-mail contact address, the applicant data is stored by us and evaluated exclusively for the purpose of processing the application. For any queries arising in the course of processing the application, we will use either the e-mail address provided by the applicant with his or her application or a telephone number given.
The legal basis for these processing operations, including contact for queries, is generally Art. 6 Para. 1 lit. b GDPR, according to which the completion of the application procedure is considered to be the initiation of an employment contract.
Insofar as special categories of personal data within the meaning of Art. 9 para. 1 GDPR (e.g. health data such as information on the status of severely disabled persons) are requested from applicants in the course of the application procedure, processing is carried out in accordance with Art. Art. 9 para. 2 letter b. GDPR so that we can exercise the rights arising from labour law and social security and social protection law and fulfil our obligations in this respect.
Cumulatively or alternatively, the processing of the special categories of data may also be based on Art. 9 para. 1 letter b GDPR if it is carried out for purposes of preventive health care or occupational medicine, for assessing the applicant's ability to work, for medical diagnosis, care or treatment in the health or social field or for the management of systems and services in the health or social field.
If, in the course of the evaluation described above, the applicant is not selected or if an applicant withdraws his or her application prematurely, his or her data transmitted by e-mail and all electronic correspondence, including the original application e-mail, will be deleted after 6 months at the latest following notification. This period is calculated on the basis of our legitimate interest in being able to answer any follow-up questions regarding the application and, if necessary, to comply with our obligations to provide evidence under the regulations on the equal treatment of applicants.
In the event of a successful application, the data provided will be further processed on the basis of Art. 6 Para. 1 letter b GDPR for the purposes of carrying out the employment relationship.
8.5 Applications for job advertisements using a form
On our website, we offer those interested in a job the possibility to apply online using an appropriate form. In order to be included in the application process, applicants must provide us with all personal data required for a well-founded and informed assessment and selection.
The required data includes general personal information (name, address, telephone or electronic contact details) as well as performance-specific evidence of the qualifications required for a position. Where appropriate, health-related information may also be required, which, in the interests of social protection, must be given special consideration in the applicant's own person under labour and social law.
In the course of sending the form, the applicant's data will be encrypted according to the state of the art, transmitted to us, stored by us and evaluated exclusively for the purpose of processing the application.
The legal basis for these processing operations is generally Art. 6 Para. 1 lit. b, in the sense of which passing through the application procedure is considered to be the initiation of an employment contract.
Insofar as special categories of personal data within the meaning of Art. 9 para. 1 GDPR (e.g. health data such as information on the status of severely disabled persons) are requested from applicants in the context of the application procedure, processing is carried out in accordance with Art. Art. 9 para. 2 lit. b. GDPR so that we can exercise the rights arising from labour law and social security and social protection law and fulfil our obligations in this respect.
Cumulatively or alternatively, the processing of the special categories of data may also be based on Art. 9 para. 1 lit. h GDPR, if it is carried out for purposes of preventive health care or occupational medicine, for the assessment of the applicant's ability to work, for medical diagnosis, care or treatment in the health or social field or for the management of systems and services in the health or social field.
If, in the course of the evaluation described above, the applicant is not selected, or if an applicant withdraws his or her application prematurely, the data submitted on the application form will be deleted after 6 months at the latest after notification. This period is calculated on the basis of our legitimate interest in being able to answer any follow-up questions about the application and, if necessary, to comply with our obligation to provide evidence in accordance with the regulations on the equal treatment of applicants.
In the event of a successful application, the data provided will be further processed on the basis of Art. 6 para. 1 lit. b GDPR for the purposes of the employment relationship.
8.6 - Zoom
We use the Zoom service of Zoom Video Communications Inc, 55 Almaden Blvd, Suite 600, San Jose, CA 95113, USA (hereinafter "Zoom") to conduct online meetings, video conferences and/or webinars.
When using Zoom, different data will be processed. The extend of the processed data depends on the data you provide before or during your participation in an online meeting, video conference or webinar. When using Zoom, data of the communication participants is processed and stored on Zoom servers. This data may include your registration data (name, e-mail address, telephone (optional) and password) and meeting data (topic, participant IP address, device information, description (optional)). In addition, visual and audio contributions of the participants, as well as voice inputs can be processed in chats.
When processing personal data necessary for the performance of a contract with you (this also applies to processing operations which are necessary for the performance of pre-contractual measures), Art. 6 (1) point b GDPR constitutes the legal basis. If you have given us your consent for the processing of your data, the processing will be carried out based on Art. 6 (1) point a GDPR. Consent granted can be revoked at any time with effect for the future.
Otherwise, the legal basis for the processing of data when conducting online meetings, videoconferences or webinars is our legitimate interest pursuant to Art. 6 (1) point f GDPR in the effective conduct of online meetings, webinars or videoconferences.
9) Rights of the Data Subject
9.1 The applicable data protection law grants you comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data, about which we inform you below :
- Right of access by the data subject pursuant to Art. 15 GDPR
- Right to rectification pursuant to Art. 16 GDPR
- Right to erase (“right to be forgotten”) pursuant to Art. 17 GDPR
- Right to restriction of processing pursuant to Art. 18 GDPR
- Right to be informed pursuant to Art. 19 GDPR
- Right to data portability pursuant to Art. 20 GDPR
- Right to withdraw a given consent pursuant to Art. 7 (3) GDPR
- Right to lodge a complaint pursuant to Art. 77 GDPR
9.2 RIGHT TO OBJECT
IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
10) Duration of Storage of Personal Data
The duration of the storage of personal data is determined by the respective legal retention period (e.g. commercial and tax retention periods). After expiry of this period, the corresponding data will be routinely deleted, provided they are no longer necessary for the performance or initiation of the contract and/or there is no longer any legitimate interest on our part in the further storage.