DATA PROTECTION DECLARATION
Version from 17 January 2024
In this data protection declaration, we, Heiniger AG, explain how we collect and otherwise process personal data. Personal data refers to all information relating to a specific or identifiable person.
Should you provide us with personal data of other people (e.g. family members, data of work colleagues), please ensure that these people are aware of this data protection declaration and only provide us with their personal data if you are permitted to do so and if this personal data is correct.
This data protection declaration is designed to meet the requirements of the EU General Data Protection Regulation (“GDPR”), the Swiss Data Protection Act (“DSG”) and the revised Swiss Data Protection Act (“revDSG”). However, whether and to what extent these laws are applicable depends on the individual case.
1. Responsible person / data protection officer / representative
Heiniger AG (Industrieweg 8, 3360 Herzogenbuchsee) is responsible for the data processing described here, unless otherwise stated in individual cases. If you have any data protection concerns, you can inform us of these at the following contact address:
Industrieweg 8, 3360 Herzogenbuchsee, email@example.com.
2. Collection and processing of personal data
We primarily process the personal data that we receive from our customers and other business partners as part of our business relationship with them and other persons involved or that we collect from their users when operating our websites, apps and other applications.
To the extent permitted, we also obtain certain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, internet) or receive such data from other companies within Heiniger AG, from authorities as well as other third parties (such as credit reporting agencies). In addition to the data that you provide to us directly, the categories of personal data that we receive from third parties about you include, in particular, information from public registers, information that we learn in connection with official and legal proceedings, information in connection with your professional functions and activities (so that we can, for example, conclude and process transactions with your employer with your help), information about you in correspondence and meetings with third parties, credit information (insofar as we conduct business with you personally), information about you that people from your environment (family, advisors, legal representatives, etc.) give us so that we can conclude or process contracts with you or with your involvement (e.g. references, your address for deliveries, powers of attorney), information on compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners of ours on the utilisation or provision of services by you (e.g. payments made, purchases made), information from the media and Internet on your person (insofar as this is appropriate in the specific case, for example in the context of an application, press review, marketing/sales, etc.), your addresses and, if applicable, interests and other socio-demographic data (for marketing), data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring website, location data).
3. Purposes of data processing and legal basis
We use the personal data we collect primarily to conclude and process our contracts with our customers and business partners, in particular in the context of the production of animal shearing equipment and the production of hair cutting tools for stylists and barbers with our customers, and the purchase of products and services from our suppliers and subcontractors, as well as to comply with our legal obligations at home and abroad. If you work for such a customer or business partner, your personal data may of course also be affected in this capacity.
In addition, we also process personal data from you and other persons for the following purposes, where permitted and where we deem it appropriate, in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose:
- Offering and further development of our offers, services and Websites, apps and other platforms on which we are present;
- Communication with third parties and processing their inquiries (e.g. applications, media inquiries);
- Examination and optimisation of procedures for needs analysis for the purpose of direct customer contact and collection of personal data from publicly accessible sources for the purpose of customer acquisition;
- Advertising and marketing (including the organisation of events), provided you have not objected to the use of your data (if we send you advertising from us as an existing customer, you can object to this at any time and we will then place you on a blacklist to prevent further advertising mailings);
- Market and opinion research, media monitoring;
- Assertion of legal claims and defence in connection with legal disputes and official proceedings;
- Prevention and investigation of criminal offences and other misconduct (for example, conducting internal investigations, data analyses to combat fraud);
- Ensuring our operations, in particular IT, our websites, apps and other platforms;
- Video surveillance to safeguard domiciliary rights and other measures for IT, building and facility security and protection of our employees and other persons and assets belonging to or entrusted to us (such as access controls, visitor lists, network and mail scanners);
- Purchase and sale of business divisions, companies or parts of companies and other transactions under company law and the associated transfer of personal data as well as measures for business management and compliance with legal and regulatory obligations and internal regulations of Heiniger AG.
If you have given us your consent to process your personal data for specific purposes (for example when you register to receive newsletters or carry out a background check), we will process your personal data within the framework and based on this consent, unless we have another legal basis and we require one. Consent given can be revoked at any time, but this has no effect on data processing that has already taken place.
4. Cookies / tracking and other technologies related to the use of our website
We typically use “cookies” and similar technologies on our websites that can identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you use when you visit our website. If you visit this website again, we will be able to recognise you, even if we do not know who you are. In addition to cookies that are only used during a session and are deleted after your visit to the website ("session cookies"), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) ("Permanent cookies"). However, you can set your browser so that it rejects cookies, only saves them for one session or otherwise deletes them prematurely. Most browsers are preset to accept cookies. We use permanent cookies so that you can save user settings (e.g. language). If you block cookies, certain functionalities (such as language selection) may no longer work.
In some of our newsletters and other marketing e-mails, and where permitted, we also include visible and invisible image elements, by retrieving them from our servers we can determine whether and when you have opened the e-mail, so that we can also analyse and better understand how to use our offerings and tailor them to you. You can block this in your e-mail programme; most are preset to do this.
By using our websites and agreeing to receive newsletters and other marketing e-mails, you consent to the use of these techniques. If you do not want this, you must set your browser or e-mail programme accordingly.
We sometimes use Google Analytics or similar services on our websites. This is a service provided by third parties who may be located in any country in the world (in the case of Google Analytics it is Google Ireland (based in Ireland), Google Ireland uses Google LLC (based in the USA) as data processor (both "Google"), www.google.com), with which we can measure and evaluate the use of the website (not personal information). Permanent cookies set by the service provider are also used for this purpose. We have configured the service so that the IP addresses of visitors to Google in Europe are shortened before being forwarded to the USA and therefore cannot be traced back. We have switched off the "Data transfer" and "Signals" settings. Although we can assume that the information we share with Google is not personal data for Google, it is possible that Google can use this data for its own purposes to draw conclusions about the identity of visitors, create personal profiles and link this data to the Google accounts of these persons. If you have registered with the service provider yourself, the service provider also knows you. The processing of your personal data by the service provider will then be the responsibility of the service provider in accordance with its data protection provisions. The service provider only tells us how our website is used (no information about you personally).
You can prevent collection by Google Analytics by clicking on the following link. An Opt-out cookie is set to prevent the future collection of your data when you visit this website: Deactivate Google Analytics
We also use Google Analytics to analyse data from AdWords and the double-click cookie for statistical purposes. If you do not want this, you can deactivate it via the Ads Preferences Manager (http://www.google.com/settings/ads/onweb/?hl=de).
We also use plug-ins from social networks such as YouTube, Facebook, Instagram and LinkedIn on our websites. This is visible to you in each case (typically via corresponding symbols). We have configured these elements to be disabled by default. If you activate them (by clicking on them), the operators of the respective social networks can register that you are on our website and which part, and can use this information for their purposes. The processing of your personal data will then be the responsibility of this operator in accordance with its data protection provisions. We do not receive any information about you from them.
5. Data transfer at home and abroad as well as data transfer abroad
As part of our business activities and for the purposes set out in Section 3, we also disclose data to third parties to the extent permitted and deemed appropriate, either because they process it for us or because they wish to use it for their own purposes. This relates in particular to the following positions:
- Service providers of ours (within Heiniger AG and externally, e.g. banks, insurance companies), including contract processors (e.g. IT providers);
- Dealers, suppliers, subcontractors and other business partners;
- Domestic and foreign authorities, official bodies or courts;
- The public, including visitors to websites and social media;
- Competitors, industry organisations, associations, organisations and other committees;
- Acquirers or interested parties in acquiring business areas, companies or other parts of Heiniger AG;
- Other parties in potential or actual legal proceedings;
- Other Heiniger AG companies;
- All joint recipients
Some of these recipients are in Germany, but they can be anywhere in the world. In particular, you must expect your data to be transferred to all countries in which Heiniger AG is represented by group companies, branches or other offices (Heiniger UK Limited, Heiniger Australia PTY Ltd., Heiniger New Zealand PTY Ltd.) as well as to other countries in Europe and the USA where the service providers we use are located (e.g. Microsoft, MailStore, Cloudstorage, Eset Antivirus).
If a recipient is located in a country without adequate legal data protection, we contractually oblige the recipient to comply with the applicable data protection law (we use the revised standard contractual clauses of the European Commission, which are available here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless the recipient is already subject to a legally recognised set of rules to ensure data protection and we cannot rely on an exemption clause. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the fulfilment of a contract requires such disclosure, if you have given your consent or if the data in question has been made generally accessible by you and you have not objected to its processing.
6. Duration of retention of personal data
We process and store your personal data for as long as it is necessary to fulfil our contractual and legal obligations or for other purposes pursued by the processing, i.e. for example for the duration of the entire business relationship (from initiation, processing to termination of a contract) as well as in accordance with the statutory retention and documentation obligations. It is possible that personal data will be retained for the period in which claims can be asserted against our company and to the extent that we are otherwise legally obliged to do so or legitimate business interests require this (for example for evidentiary and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted or anonymised as far as possible. For operational data (e.g. system protocols, logs), shorter retention periods of twelve months or less generally apply.
7. Data security
We take appropriate technical and organisational security precautions to protect your personal data from unauthorised access and misuse, such as issuing instructions, training, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, checks.
8. Obligation to provide personal data
As part of our business relationship, you must provide the personal data that is necessary for the establishment and implementation of a business relationship and the fulfilment of the associated contractual obligations (as a rule, you do not have a legal obligation to provide us with data). Without this data, we will generally not be able to enter into or fulfil a contract with you (or the entity or person you represent). The website cannot be used if certain information to ensure data traffic (e.g. IP address) is not disclosed.
9. Rights of the data subject
Within the framework of the data protection law applicable to you and to the extent provided for therein (such as in the case of the GDPR), you have the right to information, correction, deletion, the right to restrict data processing and otherwise to object to our data processing, in particular that for direct marketing purposes and other legitimate interests in processing and releasing certain personal data for the purpose of transferring it to another location (so-called data portability). Please note, however, that we reserve the right to assert the restrictions provided for by law, for example if we are obliged to store or process certain data, have an overriding interest in doing so (insofar as we are entitled to invoke this) or need it for the assertion of claims. If you incur any costs, we will inform you in advance. We have already informed you about the possibility of withdrawing your consent in Section 3. Please note that exercising these rights may conflict with contractual agreements and may have consequences such as premature cancellation of the contract or cost-related consequences. We will inform you in advance if this is not already contractually stipulated.
The exercise of such rights usually requires that you provide clear proof of your identity (for example, by providing a copy of your ID, where your identity is otherwise not clear or cannot be verified). To assert your rights, you can contact us at the address given in Section 1.
Every data subject also has the right to enforce their claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).