Your privacy is important to us. It is Zondax's policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including across our website, https://www.zondax.ch, and other sites we own and operate.

This policy is effective as of 8 March 2021 and was last updated on 8 March 2021.

The processing of personal data, for instance the data subject’s name, address, email address or telephone number is always carried out in accordance with the General Data Protection Regulation and with the specific national data protection regulations Zondax AG is subject to. With this Data Privacy Notice, our company wishes to inform the general public of the nature, extent and purpose of the personal data we collect, use and process. Furthermore, data subjects shall, with the help of this Data Privacy Notice, be informed of the rights to which they are entitled.

As controller, Zondax AG has taken numerous technical and organisational steps to provide as much protection as possible of the personal data we process on this website. Nevertheless, because safety holes are generally possible in Internet-based data transmissions, we cannot guarantee absolute protection. For this reason, any data subject is free to choose alternative forms of transfer of personal data, for example over the phone.

Zondax AG’s website may also include links to other sites. These other websites are not monitored by Zondax, so that visits to these are entirely your own responsibility. Zondax cannot assume responsibility or be liable for the content and data protection measures of such other websites.

The Privacy Policy of Zondax AG is based on terms which have been used by the European regulator of directives and regulations since it adopted the General Data Protection Regulation (GDPR). We wish to make our Data Privacy Notice easy to read and understand for the general public as well as for our customers and business associates. To achieve this, we would like to explain in advance the terms used.

In this Data Privacy Notice we use, inter alia, the following terms:

a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by controllers.

c) Processing
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting its processing in the future.

e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. Zondax AG dispenses with profiling.

f) Controller
Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

g) Processor
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

h) Recipient
Recipient means a natural or legal person, public authority, agency or other body, to which the personal data is disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

i) Third party
Third party means a natural or legal person, public authority, agency or other body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

j) Consent
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

The responsible controller in accordance with the General Data Protection Regulation, other data regulations valid in the Member States of the European Union, and further statutory provisions concerning data protection is:

Zondax AG
Dammstrasse 16
6300 Zug
Schweiz
email: [email protected]
website: www.zondax.ch

Every time Zondax AG’s website is accessed by a data subject or automated system, a whole host of general data and information is collected. This general data and information is stored in the server’s log file. The data gathered can include (1) the types of browser and versions in use, (2) the operating system used by the accessing system, (3) the website from which the accessing system finds its way to our site (the so-called referrer), (4) the sub-websites on our website which were called up via an accessing system, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information implemented to fend off any attacks on our information technology system.

When using this general data and information, Zondax AG draws no conclusions on the data subject’s identity. The information is instead used (1) to properly present our website content, (2) to optimise the content and the advertising of our website, (3) to guarantee the long-term functionality of our IT systems and website technology, and (4) to provide the law enforcement authorities with necessary information in the case of a cyber attack. In a nutshell, this data and information, which Zondax AG has collected anonymously, is analysed on the one hand for statistical purposes, and on the other hand with the aim of increasing data protection and data safety in our company. In this way, we strive to ensure the best possible level of security for the personal data we process. The anonymous data of the server log files is separated from all the personal data submitted by a data subject.

Zondax AG’s website includes particulars governed by legal requirements which allow fast electronic contact with our company and direct communication with us and includes a general email address. Whenever a data subject makes contact via email or a contact form with the controller, the personal data submitted by the data subject shall automatically be stored. Such voluntarily submitted personal data transmitted from the data subject to the controller shall be stored for administration purposes or to allow contact with the data subject. No disclosure of this personal data shall take place to third parties.

The controller shall process and store the data subject’s data only until the purpose of storage has been fulfilled or for as long as the EU body issuing directives and regulations or another legislator deems this necessary in the form of laws or regulations the controller is subject to.

When the purpose of storage has been concluded, or the storage period set by the EU body issuing directives and regulations or another responsible legislator is arrived at, the personal data shall routinely be blocked or erased in accordance with the legal provisions.

On its website, Zondax AG makes available on request a newsletter which you can subscribe to. By registering for this newsletter, you declare that you are willing to let us store your email address and deliver the newsletter to you. We use your email address solely for delivery of our newsletter or for purposes you have given us consent to carry out. You may cancel the newsletter at any time via a corresponding link directly in the newsletter or by sending a message to [email protected].

a) Right to obtain confirmation
Any data subject affected by the processing of personal data concerning him or her shall have the right, granted to the same by the EU body issuing directives and regulations, to obtain confirmation from the controller as to whether or not personal data relevant to him or her is being processed. Should a data subject express the wish to have right of access to this information, he or she may at any time consult an employee of the controller.

b) Right of access
Any data subject affected by the processing of personal data concerning him or her shall have the right, granted to the same by the EU body issuing directives and regulations, at any time to obtain, free of charge, access to stored personal data concerning him or her as well as a copy of this information. Furthermore, the EU body issuing directives and regulations grants the data subject access to the following information:

• the purposes of the processing;

• the categories of personal data concerned;

• the recipients or category of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations;

• where possible, the envisaged period for which the data will be stored, or, if not possible, the criteria used to determine that period;

• the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;

• the right to lodge a complaint with a supervisory authority;

• where the personal data is not collected from the data subject, any available information as to its source;

• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
  

Furthermore, the data subject shall have the right to be informed as to whether or not personal data has been transferred to a third country or to an international organisation. Where this is the case, the data subject shall also have the right to be informed of the appropriate safeguards relating to the transfer.

Should a data subject express the wish to have right of access to this information, he or she may at any time consult an employee of the controller.

c) Right to rectification
Any data subject affected by the processing of personal data concerning him or her shall have the right, granted to the same by the EU body issuing directives and regulations, to obtain the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall furthermore have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Should a data subject express the wish to have right of access to this information, he or she may at any time consult an employee of the controller.

d) Right to erasure (right to be forgotten)
Any data subject affected by the processing of personal data concerning him or her shall have the right, granted to the same by the EU body issuing directives and regulations, to obtain the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and where the processing is not necessary:

• the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;

• the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing;

• the data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR;

• the personal data has been unlawfully processed;

• the personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;

• the personal data has been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
  

In the event that one of the aforementioned grounds applies, and a data subject shall wish to demand erasure of personal data stored by Zondax AG, he or she may at any time consult an employee of the controller. The employee of Zondax AG shall without delay arrange for the immediate erasure of the same.

Where Zondax AG have made the personal data public and are obliged pursuant to Article 17(1) GDPR to erase the personal data, Zondax AG, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers who are processing the personal data that the data subject has requested the erasure of any links to, or copy or replication of, this personal data. This shall not apply where processing is necessary. The employee of Zondax AG shall, on a case-by-case basis, arrange for the necessary measures to be implemented.

e) Right to restriction of processing
Any data subject affected by the processing of personal data concerning him or her shall have the right, granted to the same by the EU body issuing directives and regulations, to obtain restriction of processing where one of the following applies:

• the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;

• the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of its use instead;

• the controller no longer needs the personal data for the purposes of the processing, but it is required by the data subject for the establishment, exercise or defence of legal claims, or

• the data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
  

If one of the aforementioned conditions applies, and the data subject wishes to demand restriction of personal data stored by Zondax AG, he or she may at any time consult an employee of the controller. The employee of Zondax AG shall then arrange for the restriction of processing.

f) Right to data portability
Any data subject affected by the processing of personal data concerning him or her shall have the right, granted to the same by the EU body issuing directives and regulations, to obtain the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format.

The data subject furthermore has the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR; and the processing is carried out by automated means, except where processing is necessary for the performance of tasks carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible, and where the rights and freedoms of others shall not be adversely affected.

To assert his or her legal claim to data portability, the data subject may at any time consult an employee of Zondax AG.

g) Right to object
Any data subject affected by the processing of personal data concerning him or her shall have the right, granted to the same by the EU body issuing directives and regulations, to object, on grounds relating to his or her personal situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.

Zondax AG shall no longer process the personal data in the case of objection unless we demonstrate compelling legitimate grounds for the processing which override the data subject’s interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Where personal data is processed by Zondax AG for direct marketing processes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where the data subject objects to processing for direct marketing purposes, Zondax AG shall no longer process the personal data for such purposes.

Furthermore, where personal data is processed by Zondax AG for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, the data subject shall, on grounds relating to his or her particular situation, have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

When exercising his or her right to object to processing, the data subject may directly consult any employee of Zondax AG. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may also exercise his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling
Any data subject affected by the processing of personal data concerning him or her shall have the right, granted to the same by the EU body issuing directives and regulations, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly affects him or her, except when the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the data controller, or (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.

Where the decision is (1) necessary for entering into, or performance of, a contract between the data subject and the data controller, or (2) based on the data subject’s explicit consent, Zondax AG shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

Should the data subject wish to exert his or her right concerning automated decisions, he or she may at any time consult an employee of the controller.

i) Right to withdraw consent to data processing
Any data subject affected by the processing of personal data concerning him or her shall have the right, granted to the same by the EU body issuing directives and regulations, to at any time withdraw his or her consent to processing of personal data.

Should the data subject wish to exert his or her right concerning withdrawal of consent, he or she may at any time consult an employee of the controller.

The controller shall collect and process the personal data of applicants in order to handle the application procedure. The processing may take place by electronic means. This shall apply especially in cases where the applicant transmits the relevant application documents to the controller, for example via email or an online form on the website. Whenever the controller concludes an employment contract with an applicant, the transferred data shall be stored for the purpose of executing the employment relationship in accordance with legal requirements. If no employment contract is concluded with the applicant, the application documents shall be erased automatically two months after disclosure of the rejection, unless the controller has any other legitimate interests which stand in the way of an erasure.

For our company, point a of Article 6(1) GDPR is the legal basis for processing procedures for which we request consent to a particular purpose of processing. Where the processing of personal data is necessary for the performance of a contract to which the data subject is party, as in the case of processing procedures which are necessary for the delivery of goods or to provide a service or return service, the processing is based on point b of Article 6(1) GDPR. The same applies to processing procedures which are necessary prior to entering into a contract, for instance in the case of queries concerning our products and services. If our company has a legal obligation which necessitates processing of personal data, for example in order to comply with tax responsibilities, the processing is based on point c of Article 6(1) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would for example apply if a visitor to our company were to suffer injury, upon which his name, age, his health insurance company data or other vital information would have to be disclosed to a doctor, a hospital or other third parties. Here, the legal basis of processing would be point d of Article 6(1) GDPR. Lastly, processing procedures could be based on point f of Article 6(1) GDPR. This is the legal basis for processing procedures not covered in any of the preceding legal bases, for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are not overridden by the interests or fundamental rights and freedoms of the data subject. We are in particular permitted to carry out such processing procedures because they were explicitly mentioned by the EU legislature. It indeed took the view that such legitimate interest could exist where the data subject is a customer of the controller (recital 47, second sentence GDPR).

Where the processing of personal data is based on point f of Article 6(1) GDPR, our legitimate interest is on pursuing our business activities for the benefit of all our employees and shareholders.

The criterion for the duration of storage is the respective statutory retention period. After expiry of the deadline, the respective data is routinely erased, unless it is required for the performance or initiation of a contract.

We would like to inform you that the provision of personal data is partly prescribed by law (e.g. tax regulations) or may take the form of contractual regulations (e.g. details of the contractual partner). It may also be the case that a data subject provides us with personal data which we are subsequently obliged to process to conclude a contract. The data subject is, for example, obliged to present us with personal data when our company concludes a contract with him or her. Failure to submit the personal data would mean that we would be unable to conclude the contract with the person concerned. Before a data subject provides us with personal data, he or she is obliged to contact one of our members of staff. Our employees can inform the data subject in each particular case if the provision of personal data is prescribed by law or for the contract or necessary to conclude the contract, if it is obligatory to submit the personal data, and the consequences of the failure to provide personal data.

As a conscientious company we refrain from using automated decision making or profiling.

Because the business activities of Zondax AG are subject to regular changes, this Data Privacy Notice may occasionally have to be updated. When changes occur, Zondax AG informs you of this Data Privacy Notice update by displaying the date of the new version in the last line. If you continue to use the website, Zondax AG assumes you accept this new, updated version.