GENERAL TERMS AND CONDITIONS RELATING TO THE FEDERAL DATA PROTECTION ACT (FPA)

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1. General information

Our company, LIAUDET PIAL SA, its branches and subsidiaries (hereinafter referred to as ‘our Companies’), are committed to respecting the privacy of their customers and complying with all applicable data protection and confidentiality laws.

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To this end, our companies ensure that their customers’ data is confidential, secure and accurate. Each customer may access their personal data, request corrections or deletion in accordance with applicable legal requirements.

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In order to offer their services, our Companies may need to transfer personal data to third parties. These transfers of information are carried out solely for the purpose of fulfilling the mandate entrusted to us and in compliance with applicable data protection laws. By accepting our terms and conditions, our customers agree that their data may be transferred to third parties in the context of fulfilling the mandate entrusted to us.

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2. Who processes our customers’ information?

Our customers’ personal data is processed solely by our companies’ employees in the course of performing the tasks entrusted to them or for the purpose of sending information such as our newsletters or invitations to events concerning our companies. Digital data is stored on a secure server and regularly updated.

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When providing services to our customers, we may also process personal data from third parties or data that we have not collected directly from the individuals concerned (indirect processing of data from the provision of services). These third parties are generally employees, contact persons, family members or individuals who are connected to our customers or the individuals concerned for other reasons. We require this personal data in order to fulfil our mandates with our clients. This personal data is provided to us by our clients or by third parties commissioned by them. It is the responsibility of our clients to inform the third parties whose data is being processed. To this end, our clients may refer to these General Data Protection Terms and Conditions.

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3. What information is processed?

We only collect and process personal data that is necessary for the performance of the mandate entrusted to us by our clients. When we process our clients’ personal data, we rely on the legal bases applicable to the mandate entrusted to us.

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In addition to the data provided directly by our clients, the categories of personal data we receive from third parties include, in particular, data from public registers, data that comes to our attention in the course of administrative or judicial proceedings, data relating to our clients’ functions and activities, data concerning our clients contained in correspondence and discussions with third parties, creditworthiness information, data relating to compliance with legal requirements, data from banks, insurance companies, distribution partners and other contractual partners of our organisation in connection with the use or provision of services to our clients, data from the media and the Internet (e.g. IP address, MAC address of the smartphone or computer, configuration data, cookies, date and time of the visit to the website, pages and content viewed on the website, functions used).

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In the event that our companies are required to process sensitive personal data within the meaning of the Federal Data Protection Act (FADP), they undertake to obtain the express consent of our customers.

Sensitive personal data within the meaning of Article 5(a) FADP refers to:

• data on religious, philosophical, political or trade union opinions or activities;
• data on health, private life or racial or ethnic origin;
• genetic data;
• biometric data that uniquely identifies a natural person;
• data on criminal or administrative prosecutions or penalties;
• data on social assistance measures.

Our customers may, of course, withdraw their consent at any time.

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4. Use of our website

You do not need to disclose any personal data to use our website. However, each time you visit the website, the server collects a range of information about the user, which is temporarily stored in the server log files.

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When using this general information, there is no attribution to a specific person. The collection of this information or data is technically necessary to display our website and to ensure its stability and security. This information is also collected to improve the website and analyse the general use of our site. This includes, in particular, technical data that is transmitted automatically (e.g. IP, UDI, device type, browser, number of clicks on the page, opening of the newsletter, clicks on links, etc.).

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On our website, we use Google Analytics, the web analysis service of Google LLC, for which Google Limited Ireland (‘Google’) is responsible for Europe. Our users have the option of deactivating Google Analytics in their Google browser settings. The information collected by Google Analytics (anonymised IP address) enables Google to analyse the use of our website.

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Third-party providers use ‘social plugins’ (‘plugins’) on our website. Plugins can be recognised by the logos of the corresponding social networks. Plugins enable our users to interact with social networks and other users. We use the following plugins on our website: Instagram, Facebook, LinkedIn, YouTube. When our users visit our website, their browser establishes a direct connection to the third-party provider’s servers. The respective third-party provider transmits the content of the plugin (e.g. YouTube video) directly to their browser, which integrates it into the page. The transmission of data for the display of content takes place regardless of whether an account with the third-party provider exists. Our users should consult the data protection information of the third-party providers to find out the purpose and scope of data collection, processing and use of this data by the private sphere.

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5. Analysis and tracking technology

We use cookies on our website. These are small files that your browser automatically creates and that are stored on your device (laptop, tablet, smartphone, etc.) when you visit our website.

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Information is stored in the cookie in relation to the specific device used. However, this does not mean that we immediately know your identity. Cookies are used to make our website more user-friendly. For example, we use session cookies to track page views on our website. These cookies are automatically deleted when the user leaves our website.

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We also use temporary cookies to optimise user-friendliness. These files are stored on the user’s device for a defined period of time. If the user visits our website again to use our services, it is automatically recognised that they have already visited our website and what entries and settings have been made by the user concerned.

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La plupart des navigateurs Internet acceptent automatiquement les cookies. L’utilisateur peut toutefois configurer son navigateur de telle sorte qu’aucun cookie ne soit stocké sur son terminal ou qu’un message s’affiche toujours avant la création d’un nouveau cookie. La désactivation complète des cookies peut toutefois avoir pour conséquence que l’utilisateur ne pourra plus utiliser toutes les fonctionnalités de notre site Internet.

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We use Google Maps from Google Inc. for our website. Google Maps is a web service that provides interactive maps for viewing geographical information. Using this service allows you to locate our offices and warehouses and makes it easier to get there. When our users visit pages that have Google Maps embedded in them, information about their use of our website (e.g. IP address) is sent to Google servers in the United States and stored there. This happens whether or not our users have a Google account and are logged in. When our users are logged into Google, their data is directly assigned to their account. If our users do not want their profile to be associated with Google, they must log out before activating the button. Google stores our users’ data (even if they are not logged in) as usage profiles and evaluates it.

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With regard to data transfers to the United States, Google has committed to signing and complying with the EU’s standard contractual clauses.

6. Use of the Newsletter

When our customers subscribe to our newsletter, we use their email address and other contact details to send them the newsletter. Our customers can unsubscribe from the newsletter at any time.

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7. With whom is our customers’ data shared?

Our companies will not use or disclose their customers’ personal data unless they have a legal basis and/or express authorisation to do so in the context of performing the mandate entrusted to them. No personal data will therefore be shared with third parties unless this is necessary in the context of performing the mandate.

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We enter into contracts with service providers who process personal data on our behalf. By signing these contracts, they undertake to guarantee data protection. Most of our service providers are located in Switzerland or the EU. If data has to be transferred to other countries with an inadequate level of data protection, the transfer will be based on the EU’s standard contractual clauses or other appropriate instruments.

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8. How is our customers’ personal data stored?

Our Companies have implemented technical and organisational protection measures to protect their customers’ data against unauthorised access, collection, use, disclosure, copying, modification, sale or any other similar risk.

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All of our customers’ digital personal data is stored in a database protected by a firewall. Our services are hosted in a secure server environment that uses a firewall and other advanced technologies to prevent interference or external access. ​

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All of our customers’ physical personal data is stored and protected from external access.

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9. How long are our customers’ data stored?

We process and store our customers’ data for as long as is necessary to fulfil our contractual and legal obligations or to achieve the purposes for which the data is processed, i.e. for the duration of the business relationship as a whole and beyond, in accordance with legal storage and documentation obligations.

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10. What are our customers’ rights with regard to their data?

Our customers can contact our Companies’ data controller at the following address: x.xxx@xxx-xxx.xx (specifying ‘Data Protection’ in the subject line).

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Our customers have the right to request access to their personal data, to know how our Companies use it and to whom it is disclosed, subject to the exceptions provided for in the Federal Data Protection Act (FADP). Any request for access to data must be made in writing to the above email address and provide sufficient details to identify the personal data sought.

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Our customers also have the right to ensure that their data is accurate. Any request for data correction must be made in writing and provide sufficient details to identify the data for which correction is requested.

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Finally, our customers have the right to request the deletion of data concerning them, subject to legal retention periods. Any request for data deletion must be made in writing and provide sufficient details to identify the data to be deleted.

11. Changes to the data protection statement

We expressly reserve the right to change this data protection statement at any time.

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Renens, 14 July 2023