Data Protection Statement
ELESTA GmbH takes the protection of personal data very seriously. We want you to know when we store which data and how we use it. This data protection declaration refers to the contents of the ELESTA GmbH website. The links on this website may lead to content of third party service providers to which this data protection declaration does not apply.
I. Responsible department
The person responsible within the meaning of the Swiss Data Protection Act, the General Data Protection Regulation of the EU (GDPR), other national data protection laws of the EU member states and other data protection regulations is:
ELESTA GmbH
Heuteilstrasse 18
7310 Bad Ragaz
Switzerland
E-Mail: datenschutz_at_elesta-gmbh.com
The person responsible for data protection in our company can be reached by post or at the e-mail address provided.
II. General information on data processing
1. Scope of processing of personal data
We only process personal data of our users if this is necessary to provide a functional website as well as our contents and services. The processing of our users’ personal data is only carried out regularly with the user’s consent. An exception applies in those cases where prior consent cannot be obtained for practical reasons and where processing of the data is permitted by law.
2. Applicable law and references
Depending on the location of our users, different legal systems may apply to the processing of their personal data. This data protection declaration only refers to the corresponding provision of the GDPR due to readability.
3. Legal basis for the processing of personal data
Insofar as we obtain the consent of the person concerned for the processing of personal data, Art. 6 para. 1 lit. a EU Data Protection Regulation (GDPR) serves as the legal basis.
In the processing of personal data required for the fulfilment of a contract to which the person concerned is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.
In the event that the vital interests of the person concerned or of another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the person concerned do not outweigh the former interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for processing.
4. Data deletion and storage duration
The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the person responsible is subject. The 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 fulfilment of a contract.
5. Data integrity
Your personal data is transmitted securely by encryption. We use the SSL (Secure Socket Layer) coding system. Furthermore, we protect our websites and other systems by technical and organizational measures against loss, destruction, access, modification or distribution of your data by unauthorized persons.
III. Providing the website and creating log files
1. Description and scope of data processing
Each time a website is called up, the web server merely automatically saves a so-called server log file. The following data is collected:
- Information about the browser type and version used
- The IP address of the user
- The user’s location (country, region, city) based on IP address
- Date and time of access
- The URL called up
- The referrer
- The protocol used
- Error messages, if any
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 data and log files is Art. 6 para. 1 lit. f DSGVO.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this the IP address of the user must remain stored for the duration of the session.
The data is stored in log files to ensure the functionality of the website. In addition, the data serves us to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
Our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f GDPR also lies in these purposes.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
If the data is stored in log files, this is the case after seven days at the latest. Further storage is possible. In this case, the IP addresses of the users are deleted or modified so that an assignment of the accessing client is no longer possible.
5. Possibility of objection and correction
The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
IV. Use of cookies
1. Description and scope of data processing
Our 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 visits a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic character string that enables a unique identification of the browser when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.
The following data is stored and transmitted in the cookies:
- Log-in information for the distributors section
We also use cookies on our website which enable an analysis of the user’s surfing behaviour.
In this way, the following data can be transmitted:
- Entered search terms
- Frequency of page views
- Use of website functions
The user data collected in this way is made pseudonymous by technical precautions. Therefore, it is no longer possible to assign the data to the calling user. The data will not be stored together with other personal data of the users.
How the storage of cookies can be prevented in the browser settings is explained in point “ 4. Duration of Storage, Objection and Correction” in this section.
2. Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR.
3. Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For this it is necessary that the browser is recognized even after a page change.
We need cookies for the following applications:
- Accepting language settings
- Remembering search terms
- Log-in information
The user data collected by technically necessary cookies are not used to create user profiles.
The analysis cookies are used to improve the quality of our website and its content. Through the analysis cookies we learn how the website is used and can thus continuously optimize our offer.
4. Duration of Storage, Objection and Correction
Cookies are stored on the user’s computer and transmitted to our site. Therefore, you as a user also have full control over the use of cookies. You can see the duration of the storage in the overview in the cookie settings of your web browser. Users can set their browser in such a way that they are informed about the setting of cookies and 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. These can be found for the respective browsers under the following links:
Internet Explorer™: http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies
Safari™: https://support.apple.com/kb/ph21411?locale=de_DE
Chrome™: http://support.google.com/chrome/bin/answer.py?hl=de&hlrm=en&answer=95647
Firefox™: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Opera™: http://help.opera.com/Windows/10.20/de/cookies.html
If cookies are not accepted, the functionality of our website may be limited.
V. Registration (Distributor Section)
1. Description and scope of data processing
On our website, we offer users the opportunity to register by providing personal data. The data is entered into an input mask and transmitted to us and saved. The data will not be passed on to third parties. The following data is collected during the registration process:
- Name
- Company
In the course 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 data is Art. 6 para. 1 lit. a GDPR if the user has given his consent.
3. Purpose of data processing
A registration of the user is necessary for the provision of certain contents and services on our website.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected.
This is the case for the data collected during the registration process if the registration on our website is cancelled or changed.
5. Possibility of objection and correction
As a user you have the possibility to cancel the registration at any time. You can have the data stored about you changed at any time.
To request the deletion or modification of the data collected during registration, please write an e-mail to admin_at_elesta-gmbh.com.
VI. Contact form and e-mail contact
1. Description and scope of data processing
Contact forms are available on our website which can be used for establishing contact by e-mail. If a user takes advantage of this possibility, the data entered in the input mask will be transmitted to us and stored. Mandatory fields are marked as such, as in these cases we require the data to process a contact. Which data is collected can be seen from the respective input forms.
At the time the message is sent, the following data is also stored:
- Date and time
Your consent is obtained for the processing of the data within the scope of the sending process and reference is made to this data protection declaration.
Alternatively, you can contact us via the e-mail address provided. In this case, the user’s personal data transmitted by e-mail will be stored.
In this context, the data will not be passed on to third parties. The data will only be used for the processing of the conversation.
2. Legal basis for data processing
The legal basis for the processing of 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 para. 1 lit. f GDPR. If the e-mail contact aims at the conclusion of a contract, then 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 us only for the handling of the establishment of contact. In the event of contact by e-mail, this also constitutes the necessary legitimate interest in the processing of the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those that were sent by e-mail, this is the case when the respective conversation with the user is finished. The conversation is terminated when it can be inferred from the circumstances that the facts in question have been finally 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 correction
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us 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.
The revocation of the consent and the contradiction of the storage can take place via one of the contact possibilities mentioned above.
All personal data stored in the course of contacting us will be deleted in this case.
VII. Web Analysis with Matomo (formerly PIWIK)
1. Scope of the processing of personal data
On our website we use the open source software tool Matomo (formerly PIWIK) to analyze the surfing behavior of our users. The software sets a cookie on the user’s computer (for cookies see above). If individual pages of our website are accessed, the following data is stored:
- Two bytes of the IP address of the user’s calling system
- The location of the user’s calling system based on the IP address
- The web page you have accessed
- The website from which the user accessed the called web page (referrer).
- The subpages called from the called web page
- The time spent on the website
- The frequency of the call of the web page
The software runs exclusively on the servers of our website. A storage of the personal data of the users takes place only there. The data will not be passed on to third parties.
The software is set so that the IP addresses are not stored completely, but 2 bytes of the IP address are masked (e.g.: 192.168.xxx.xxx). In this way, it is no longer possible to assign the shortened IP address to the calling computer.
2. Legal basis for the processing of personal data
The legal basis for the processing of users’ personal data is Art. 6 para. 1 lit. f GDPR.
3. Purpose of data processing
The processing of users’ personal data enables us to analyse the surfing behaviour of our users. By evaluating the data collected, we are able to compile information about the use of the individual components of our website. This helps us to constantly improve our website and its user-friendliness. In these purposes our legitimate interest also lies in the processing of data in accordance with 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 needed for our recording purposes.
In our case, this is the case after 180 days.
5. Possibility of objection and removal
Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, you as a user have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that all functions of the website can no longer be used to their full extent.
VIII. Integration of YouTube videos
The videos on this website are hosted on the video portal YouTube and embedded here in “extended data protection mode”. This means that no information from users of this website is stored until they watch the video. Playing the videos leads to a connection with YouTube and the Google DoubleClick network. A click on the video can trigger further data processing processes, over which we as website operators no longer have any influence.
IX. Online media presence in social media
We maintain online presences within social networks and platforms in order to communicate with active customers, interested parties and users and to inform them there about our services and products. If you visit us on these social media, the data protection declarations of these providers apply (see below).
We point out that data of users can be processed outside Switzerland and the area of the European Union/EEA. This can pose risks for users because, for example, the enforcement of users’ rights could be made more difficult. With regard to US providers that are certified under the privacy shield, we would like to point out that they are thus committed to complying with EU data protection standards.
Furthermore, user data is usually processed for market research and advertising purposes. Thus, for example, user profiles can be created from the user behaviour and the resulting interests of the users. The usage profiles can in turn be used, for example, to place advertisements inside and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the user’s computer, in which the user’s usage behaviour and interests are stored. Furthermore, data can also be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to these).
The processing of users’ personal data is carried out on the basis of our legitimate interests in effective user information and communication with users pursuant to Art. 6 para. 1 lit. f. GDPR. If the users are asked by the respective providers for consent to data processing (i.e. to give their consent e.g. by ticking a checkbox or confirming a button), the legal basis of the processing is Art. 6 para. 1 lit. a. in conjunction with Art. 7 GDPR.
For a detailed description of the respective processing and the possibilities of objection (opt-out), we refer to the information provided by the providers linked below.
Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland)Data protection declaration: https://www.facebook.com/about/privacy/, Opt-Out: https://www.facebook.com/settings?tab=ads und http://www.youronlinechoices.com, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.
Google (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland)Data protection declaration: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.
Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA)Data protection declaration/ Opt-Out: http://instagram.com/about/legal/privacy/.
Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA)Data protection declaration: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active.
LinkedIn (LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Irland)Data protection declaration https://www.linkedin.com/legal/privacy-policy, Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active.
Xing (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Deutschland)Data protection declaration/ Opt-Out: https://privacy.xing.com/de/datenschutzerklaerung.
Also in the case of requests for information and the assertion of user rights, we point out that these are to be asserted with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information.
Leadinfo: We use the lead generation service of Leadinfo B.V., Rotterdam, Netherlands. This recognises visits by companies to our website on the basis of IP addresses and shows us publicly available information for this purpose, such as company names or addresses. In addition, Leadinfo sets two first-party cookies to evaluate user behaviour on our website and processes domains from form entries (e.g. “leadinfo.com”) in order to correlate IP addresses with companies and improve the services. For more information, please visit www.leadinfo.com.
Translated with www.DeepL.com/Translator (free version)
X. Data protection regulations for online applications
Separate data protection regulations apply to the online application procedure at ELESTA GmbH. Further information can be found here:
https://recruitingapp-2720.umantis.com/Vacancies/768/DataProtection/1
XI. Sharing content via social media buttons
We offer our users the opportunity to easily share the content of this website with friends and acquaintances via social media buttons. We rely on the Shariff solution of the German computer magazine c’t and heise online.
With Shariff, users can use social media without unnecessarily compromising their privacy. The c’t project Shariff replaces the usual share buttons of social networks and protects surfing behaviour from unnoticed passing on personal data to third parties. Nevertheless, a single click on the button is enough to share information with others. The user does not have to do anything further for this.
The usual social media buttons transmit the user data to the operators of the social media networks each time a page is accessed and provide precise information about the surfing behaviour (user tracking). The Shariff button establishes direct contact between the social network and the visitor only when the latter actively clicks on the Share button.
This prevents Shariff from leaving a digital trace on every page visited and improves data protection.
XII. Rights of the data subject
If personal data are processed by you, you are affected in the sense of GDPR and you have the following rights against the person responsible:
1. right to information
You can ask the person in charge to confirm whether personal data concerning you will be processed by us.
If such processing has taken place, you can request the following information from the person responsible:
- the purposes for which the personal data are processed;
- the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed;
- the existence of a right to have your personal data concerning you corrected or deleted, a right to have processing restricted by the controller or a right to object to such processing;
- the existence of a right of appeal to a supervisory authority.
You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transmission.
2. Right to correction
You have a right of rectification and/or completion vis-à-vis the data controller if the personal data processed concerning you are incorrect or incomplete. The person responsible shall make the correction without delay.
3. Right to limitation of processing
Under the following conditions, you may request that the processing of personal data concerning you be restricted:
- if you dispute the accuracy of the personal data concerning you for a period of time that enables the person responsible to verify the accuracy of the personal data;
- the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
- the controller no longer needs the personal data for the purposes of the processing, but you do need them to assert, exercise or defend legal claims, or
- if you have filed an objection to the processing pursuant to Art. 21 para. 1 GDRPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of personal data concerning you has been restricted, these data may only be processed – apart from their storage – with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest.
If the processing restriction has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.
4. Right to deletion
a) Duty to delete
You may request the data controller to delete the personal data relating to you without delay and the controller is obliged to delete this data without delay if one of the following reasons applies:
- The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
- You revoke your consent, on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
- You file an objection against the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21 para. 2 GDPR.
- The personal data concerning you have been processed unlawfully.
- The deletion of personal data concerning you is necessary to fulfil a legal obligation under Union law, the law of the Member States or any other applicable national law to which the data controller is subject.
- The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.
b) Information to third parties
If the data controller has made the personal data concerning you public and is obliged to delete it pursuant to Art. 17 para. 1 GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform those responsible for data processing who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.
c) Exceptions
The right to deletion does not exist if the processing is necessary
- to exercise the right to freedom of expression and information;
- to fulfil a legal obligation required for processing under the applicable law to which the controller is subject or to perform a task in the public interest or in the exercise of official authority conferred on the controller;
- for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the law referred to under a) is likely to render impossible or seriously impair the attainment of the objectives of such processing, or
- to assert, exercise or defend legal claims.
5. Right to information
If you have exercised your right of rectification, deletion or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or deletion of the data or restriction of processing, unless this proves impossible or involves disproportionate effort.
You have the right vis-à-vis the person responsible to be informed about these recipients.
6. Right to data transferability
You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another person in charge without obstruction by the person in charge to whom the personal data was provided, provided that
- processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
- processing is carried out using automated methods.
In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from one data controller to another data controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to transferability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller.
7. Right of objection
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you under Article 6 para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.
The data controller no longer processes the personal data concerning you, unless he can prove compelling reasons worthy of protection for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility to exercise your right of objection in connection with the use of Information Society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
8. Right to revoke the data protection declaration of consent
You have the right to revoke your data protection declaration of consent at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.
9. Automated decision in individual cases including profiling
You have the right not to be subject to a decision based exclusively on automated processing – including profiling – that has legal effect against you or significantly impairs you in a similar manner. This does not apply if the decision
- is necessary for the conclusion or performance of a contract between you and the person responsible,
- is admissible under Union, Member State or other applicable national law to which the person responsible is subject and that law contains appropriate measures to safeguard your rights, freedoms and legitimate interests; or
- with your express consent.
- However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.
With regard to the cases mentioned in 1. and 3., the person responsible takes appropriate measures to protect the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person by the person responsible, to state his own position and to challenge the decision.
10. Right of appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the country where you reside, work or are suspected of having infringed, if you believe that the processing of personal data concerning you is contrary to the GDPR or any other national data protection legislation applicable to you.
The EU supervisory authority to which the complaint has been lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
XIII. Changes to the data protection statement
Due to current circumstances we will – if necessary – update this data protection declaration. ELESTA GmbH reserves the right to make errors and to make amendments at any time.
Bad Ragaz, 12 September 2019