Data Protection Martec Handels AG

1. DATA PROTECTION AT A GLANCE
This data protection statement aims to inform the users of the website of Martec Handels AG about the type, scope and purpose of the collection and use of personal data by the website operator.

Martec Handels AG processes your personal data in accordance with this data protection statement and in accordance with the statutory provisions, namely the Swiss Data Protection Act (DPA) and the General Data Protection Regulation (GDPR).

The data controller with regard to the FADP and the GDPR is Martec Handels AG, e-mail: info@martec.swiss.

As new technologies and the continuous development of this website may result in changes to this data protection statement, we recommend that you periodically read through the data protection statement again.

Definitions of the terms used (e.g. “personal data” or “processing”) are to be understood in accordance with Art. 5 of the DPA or, where applicable, in accordance with Art. 4 of the GDPR.

The processing of personal data, for example your name, address, your telephone number or e-mail address, is always carried out in accordance with the Data Protection Act. By means of this data protection statement, we would like to inform the general public about the type, purpose and scope of the personal data collected, used and processed by us. In addition, by means of this data protection statement we would like to inform you of the rights to which you are entitled.

2. PURPOSE OF THE DATA PROCESSING
We primarily process the personal data that we receive from our customers and other business partners in the course of our business relationship with them and other persons involved or that we collect from the users of our websites, apps and other applications when they operate them.

We use the personal data we collect or receive primarily to conclude and fulfil our contracts with our customers and business partners. Furthermore, your personal data may be processed in connection with the ordinary management of our company, namely also when purchasing products and services from our suppliers and subcontractors, as well as in order to comply with our legal obligations at home and abroad. If you work for one of our customers or business partners or are in a contractual relationship with them, in this capacity you and your personal data may of course also be affected.

3. LEGAL BASES FOR DATA PROCESSING
We process personal data in accordance with the Swiss data protection law. In addition, we process personal data — to the extent and insofar as the GDPR is applicable — in accordance with the following legal bases in connection with Art. 6 para. 1 of the GDPR:

Consent (Art. 6 para. 1 lit. a. GDPR) – The data subject has given their consent to the processing of personal data related to them for one or more specific purposes.

Contract fulfilment and pre-contractual enquiries (Art. 6 para. 1 lit. b. GDPR) – Processing is necessary for the fulfilment of a contract in which the contracting party is the data subject or to carry out pre-contractual measures at the request of the data subject.

Legal obligation (Art. 6 para. 1 lit. c. GDPR) – Processing is necessary to comply with a legal obligation to which the data controller is subject.

Legitimate interests (Art. 6 para. 1 lit. f. GDPR) – Processing is necessary to safeguard the legitimate interests of the data controller or a third party, unless the interests or fundamental rights and freedoms of the data subject, which require the protection of personal data, outweigh them.

4. DISCLOSURE OF PERSONAL DATA
We may share your personal data with trusted third parties, including:

  • contractual partners;
  • IT service providers;
  • third parties who, as part of the services we offer our customers, have been engaged with the prior consent of the customer;
  • our auditors and legal advisors.

5. TRANSFER ABROAD
We may transfer your personal data to recipients abroad, including countries that do not guarantee an equivalent level of data protection as Swiss or European law. We will normally make such a transfer if this is necessary for the fulfilment of a contract with the data subject(s), for a contract with a data subject or for the fulfilment of a contract concluded in their interest and in the case of explicit consent after the person has been informed of the possible risks.

6. DATA CAPTURE ON OUR WEBSITE
Every time a user accesses the page www.kik.swiss and every time a file is retrieved, data related to this process is stored in a log file. The format corresponds to a web server log format. The stored data is only analysed for statistical purposes. It will not be passed on to third parties.

Cookies
The websites sometimes use so-called cookies. Cookies do not cause any damage to your computer and do not contain any viruses. Cookies serve to make our services more user-friendly, effective and secure. Cookies are small text files that are stored on your computer and that your browser stores. By using cookies, we can provide you with services that are more user-friendly that would not be possible without the setting of cookies. By means of a cookie, the information and services on our website can be structured according to your wishes. Cookies enable us to recognise you on our website. The purpose of this recognition is to make it easier for you to use our website.

Most of the cookies used by us are so-called “session cookies”. They are automatically deleted at the end of your visit. Other cookies remain stored on your terminal device until you delete them. These cookies enable us to recognise your browser on your next visit.

You can set your browser so that you are informed about the setting of cookies and only allow cookies on a case-by case basis and exclude the acceptance of cookies in certain cases or in general as well as activate the automatic deletion of the cookies when closing the browser. When cookies are deactivated, the functionality of this website may be limited.

If there are advertisements from other companies or advertising customers on the website www.kik.swiss, they may use their own cookies. Martec Handels AG is not responsible for these cookies and their use.

7. RIGHTS OF DATA SUBJECTS
Right to confirmation
Every data subject has the right to request confirmation from the operator of the website as to whether personal data related to the data subject is being processed.

Right to information

Every data subject affected by the processing has the right to receive information free of charge from the operator of this website at any time about their stored personal data and a copy of this information. If need be, information about the following can also be provided:

  • the processing purposes;
  • the categories of personal data that are processed;
  • the recipients to whom the personal data has been or will be disclosed;
  • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
  • the existence of a right to rectification or deletion of the personal data related to them or to restriction of the processing by the data controller or a right to object to this processing;
  • the existence of a right of appeal to a supervisory authority;
  • if the personal data is not collected from the data subject: all available information about the origin of the data.

Furthermore, the data subject has a right to information as to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.

Right to rectification
Every data subject affected by the processing of personal data has the right to demand the immediate correction of incorrect personal data related to them. Furthermore, the data subject has the right to request, taking into account the purposes of the processing, the completion of incomplete personal data — also by means of a supplementary declaration.

Right to deletion (right to be forgotten)
Every data subject affected by the processing of personal data has the right to demand from the data controller of this website that the personal data related to them be deleted immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:

  • The personal data was collected or otherwise processed for purposes for which it is no longer necessary;
  • The data subject withdraws the consent on which the processing was based and there is no other legal basis for the processing;
  • The data subject objects to the processing on grounds related to his or her particular situation and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in the case of direct advertising and associated profiling;
  • The personal data was processed unlawfully;
  • The deletion of personal data is necessary to fulfil a legal obligation under EU law or the law of the Member States to which the data controller is subject.

Right to restriction of processing
Any data subject affected by the processing of personal data has the right to demand that the data controller of this website restrict the processing if one of the following conditions is met:

  • The accuracy of the personal data is contested by the data subject for a period of time that enables the data controller to verify the accuracy of the personal data;
  • The processing is unlawful, the data subject opposes the deletion of the personal data and instead requests the restriction of the use of the personal data;
  • The data controller no longer needs the personal data for the purposes of processing, but the data subject requires it for the assertion, exercise or defence of legal claims;
  • The data subject has objected to the processing on grounds related to his or her particular situation and it is not yet clear whether the legitimate grounds of the data controller outweigh those of the data subject.

Right to data portability
Every data subject affected by the processing of personal data has the right to receive the personal data related to them in a structured, conventional and machine-readable format. The data subject also has the right to have this data transferred to another data controller if the legal requirements are met.

Furthermore, the data subject has the right to have the personal data transmitted directly from one data controller to another data controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

Right to object
Every data subject affected by the processing of personal data has the right to object to the processing of their personal data at any time on grounds related to their particular situation.

In the event of an objection, the operator of this website will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that outweigh the interests, rights and freedoms of the data subject or if the processing serves the assertion, exercise or defence of legal claims.

Right to withdraw consent under data protection law
Every data subject affected by the processing of personal data has the right to withdraw their consent to the processing of personal data at any time.

8. DISCLAIMER OF WARRANTY
No guarantee is given, either explicitly or implicitly, as to the accuracy of the information and views disseminated via the website www.kik.swiss. Martec Handels AG takes all reasonable steps to ensure the reliability of the information presented but gives no assurances as to the accuracy, reliability or completeness of the information and views contained on the website.

Server log files
The provider of the sites automatically collects and stores information in so-called server log files that your browser automatically transmits to us. These are:

  • browser type and browser version
  • operating system used
  • referrer URL
  • host name of the accessing computer
  • time of the server request
  • IP address

as well as other similar data and information that serves to avert danger in the event of attacks on our information technology systems. This data is not merged with other data sources. When using this general data and information, we do not draw any conclusions about you. Rather, this information is needed in order to:

  • deliver the content of our website correctly
  • optimise the content of our website and the advertising for it
  • ensure the long-term functionality of our information technology systems and the technology of our website as well as
  • provide law enforcement authorities with the necessary information for criminal prosecution in the event of a cyberattack.

This anonymously collected data and information is analysed by us statistically and furthermore with the goal of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files is stored separately from all personal data provided by you.

How to contact us / Contact form
You have the possibility to contact us (e.g. by chat, contact form, e-mail, telephone or via social media channels). When you contact us, your details are processed in order to handle the contact request and its processing. Your details can be stored in our customer relationship management (CRM) system or a comparable request organisation. Which personal data is transmitted in the process is determined for you by the respective input mask used for contacting us or by the additional data you transmitted to us. The personal data entered by you is collected and stored exclusively for internal use and for our own purposes.

Deletion of data
The data entered by you in the contact form will remain with us until you ask us to delete it, revoke your consent to store it, or the purpose for storing the data no longer exists (e.g. after completing the processing of your request). Mandatory statutory provisions – retention periods in particular – remain unaffected.

9. SOCIAL MEDIA, PLUG-INS AND TOOLS
Usage of social media
We use various online presences within social networks and platforms (e.g. Facebook, Instagram, Twitter, XING, LinkedIn) to communicate with the users, interested parties and customers there and to be able to provide information about our services there. When you access or visit a corresponding network or platform, the business relationships and the data protection guidelines of the respective operator apply. Accordingly, we process your data or the data of the users to the extent that you or other users communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.

10. ANALYSIS TOOLS AND ADVERTISING
Google Analytics
This website uses functions of the web analysis service Google Analytics. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and enable an analysis of your usage of the website. The information generated by the cookie regarding your usage of this website is usually transmitted to a Google server in the US and stored there.

Demographic characteristics with Google Analytics
This website uses the “demographic characteristics” function of Google Analytics. Reports that contain statements on the age, gender and interests of the site visitors can thus be generated. This data comes from interest-based advertising by Google as well as from visitor data from third-party providers. This data cannot be associated with any specific person. You can deactivate this function at any time via the ad settings in your Google account or generally prohibit the capture of your data by Google Analytics as shown in the point “objection to data collection”.

Google’s data protection statement
You can find more information on how Google Analytics handles user data in Google’s data protection statement.

Browser plug-in
You can prevent the storing of the cookies by setting your browser software accordingly; however, we would like to point out that in this case you might not be able to use all the functions of this website to their full extent.

Objection to data collection
You can prevent the collection of your data by Google Analytics by clicking on the following link. This will set an opt-out cookie that will prevent the collection of your data during future visits to this website. Deactivate Google Analytics

You will find an additional opt-out option in our cookie declaration.

Google Ads and Google conversion tracking
This website uses Google Ads. Google Ads is an online advertising platform offered by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (“Google”).

Within the framework of Google Ads, we use so-called conversion tracking. When you click on an ad placed by Google, a cookie is set for conversion tracking. Cookies are small text files that the internet browser stores on the user’s computer. These cookies are no longer valid after 30 days and do not serve to personally identify users. If the user visits certain pages on this website and the cookie has not yet expired, Google and we can see that the user clicked on the ad and was redirected to this page. You can set your browser so that you are informed about the setting of cookies and only allow cookies on a case-by-case basis, exclude the acceptance of cookies in certain cases or in general, and activate the automatic deletion of the cookies when closing the browser. When cookies are deactivated, the functionality of this website may be limited. Each Google Ads customer receives a different cookie. The cookies cannot be tracked via the websites of Google Ads customers. The information collected with the help of the conversion cookie serves to create conversion statistics for Google Ads customers who have opted for conversion tracking. The customers find out the total number of users who have clicked on their ad and been redirected to a page equipped with a conversion tracking tag. However, they do not receive any information that allows users to be personally identified.

Google’s data protection statement
You can find more information about Google Ads and Google conversion tracking in Google’s privacy policy.

Objection
Although we declare legitimate interests in the use and storage of “conversion cookies”, we offer you opt-out options. If you do not wish to participate in tracking, you can object to this usage by deactivating the Google conversion tracking cookie via your internet browser under user settings. You will then not be included in the conversion tracking statistics.

You can find another opt-out option in our cookie declaration.

11. NEWSLETTER
Newsletter data
With the following information, we inform you about the content of our newsletter and the subscription, mailing and the statistical analysis procedures as well as your right to object. By subscribing to our newsletter, you agree to receive it and to the procedures described.

Content of the newsletter
We only send out newsletters, e-mails and other electronic notifications with promotional information (hereinafter referred to as “newsletters”) with the consent of the recipients or a legal permission. Provided that the contents of the newsletter are specifically described when subscribing to the newsletter, they are decisive for the consent of the user.

Double opt-in and logging
Subscribing to our newsletter is carried out in a so-called double opt-in procedure. This means that after subscribing you receive an e-mail in which you are asked to confirm your subscription. This confirmation is necessary so that nobody can subscribe using someone else’s e-mail address. The subscriptions to the newsletter are logged in order to be able to verify the subscription process in accordance with the legal requirements. This includes the storage of the subscription and confirmation times as well as the IP address. Changes to your data stored at the shipping service provider are also logged.

Cancellation/Revocation
You can unsubscribe to our newsletter at any time, i.e. revoke your consent. You can find a link to unsubscribe to the newsletter at the end of each newsletter. We may store unsubscribed email addresses for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove that consent was previously given. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion or the right to withdraw consent is possible at any time.

12. DISCLAIMER
Under no circumstances, including negligence without restriction, is Martec Handels AG liable for losses or damage of any kind that could result from access to, the use of, the performance of or the calling up of the website. Neither Martec Handels AG nor its contractual partners provide any warranties, assurances or guarantees with regard to the data and information available via the website, in particular with regard to their accuracy, up-to-dateness and completeness, commercial usability or their suitability otherwise for a specific purpose.

The user is responsible for any damage (in particular any damage to the computer system) and loss of data that may result from downloading data.

If you activate certain links on the website www.kik.swiss, you might leave the website www.kik.swiss. Martec Handels AG has not checked the sites linked to the website www.kik.swiss and does not assume any liability for their content or for the products, services or other offers offered on them.

13. DATA SECURITY
We take appropriate technical and organisational security precautions to protect your personal data from unauthorised access and misuse, such as IT and network security solutions, encryption of data carriers, etc.

14. PROPERTY, COPYRIGHT
All information on the website www.kik.swiss is the property of Martec Handels AG.
Text, images, graphics and their arrangement on the website www.kik.swiss are protected by copyright, trademark law and other protection laws. The content of the website may be copied for private use only, but it may not be disseminated, changed or made accessible to third parties. Any usage of content on this website for commercial purposes is prohibited.

Unless otherwise indicated, all trademarks on the website www.kik.swiss are protected by trademark law. Any usage of these trademarks requires the written consent of Martec Handels AG or the respective trademark owner.

Copyright information, brand names and other legally protected designations may not be changed or removed.

15. RIGHT OF AMENDMENT
We are entitled to amend this data protection statement at any time without notice. The current version published on our website shall apply. To the extent the data protection statement is part of an agreement with you, in the event of an update we will notify you of the change by email or other appropriate means.

 

© 2023 Martec Handels AG