I. General Information
This data protection declaration is based on the EU data protection basic regulation (GDPR). The Federal Act on Data Protection (FADP) is strongly influenced by EU law and companies outside the European Union or the European Economic Area (EEA) must comply with the GDPR under certain circumstances. We have therefore based this data protection declaration on their standard.
Valcambi SA (hereinafter “Valcambi”), located in Switzerland, is committed to protect the privacy of any personal data may receive from visitors, customers, website users, suppliers and business partners (hereinafter “Stakeholders”).
- Website Users
- Suppliers and business partners
The data collection related to the employment matters is regulated separately, namely in the document called “Information on the processing of personal data in the employment context”.
II. Collection, use and storage of Personal Data by Valcambi
Valcambi may collect personal information about Stakeholders (as an identified natural person) or which allows to identify the Stakeholder in various ways and circumstances:
- Visitors: when visiting the premises of Valcambi, necessary Personal Data required for security and notification purposes will be collected.
- Customers: to enable Valcambi to communicate with the Stakeholders and to ensure that Valcambi meets certain legal requirements such as KYC (Know Your Customer) and AML (Anti Money Laundering), Valcambi needs to have certain details of the Stakeholders or details of individual contacts at their organization (such as names, telephone numbers, e-mail addresses and ID documents). Valcambi ensures that the marketing communications to the Stakeholders are relevant and timely.
- Website Users: Valcambi collects a limited amount of data in order to improve the Stakeholders experience when using the website. This includes information such as the frequency with which the user accesses the website.
- Suppliers and business partners: Valcambi needs contact details of relevant individuals at organization of the Stakeholders, so that Valcambi can communicate with them. Valcambi also needs other information such as the bank details so that Valcambi can pay for the services provided by the Stakeholders (if this is part of the contractual arrangements between Valcambi and the Stakeholders).
Purpose for collecting Personal Data
Valcambi may use the Personal Data provided by the Stakeholders for the following purposes:
- Marketing and promotional purposes:
- To send personal invitations for events as well as corporate and marketing communications (including content and news from the Valcambi world, giveaways and product catalogues) corresponding to the interests and personal preferences of the Stakeholders
- To send Valcambi e-newsletters regarding new products, events, initiatives and personalised services corresponding to interests and personal preferences
- Contractual obligations
- Purchases and deliveries
- To process orders and payments
- To provide customer service
- To provide the Stakeholders with information about Valcambi Platforms, products and services
- To answer requests
- To manage, maintain and optimize Valcambi Platforms, providing support and security services.
- To prevent fraud and other prohibited or illegal activities and guarantee the safety and security of Valcambi Platforms, production sites and offices
- To comply with the billing and accounting requirements and other legal or regulatory obligations (e.g. Anti Money Laundering obligations)
Collection and storage of Personal Data
Valcambi will not process the Personal Data of the Stakeholders if Valcambi does not have a proper justification foreseen in the law for that purpose. Therefore, Valcambi will only process the Personal Data if Valcambi has obtained the prior consent of the Stakeholder.
Valcambi may collect personal information received from the Stakeholders relating to an identified natural person or to identify a natural person (e.g. name, address, phone number, email address, passport or ID documents) (hereinafter “Personal Data”).
Apart from the cases where the processing of the Personal Data may be necessary for security purposes, or in compliance with a legal obligation, Valcambi collects (or otherwise processes) certain Personal Data received from the Stakeholders only if that is necessary for the performance of an agreement or business project Valcambi has with the Stakeholders, or if the Data Subject has given his/her explicit consent to such processing for one or more other specific purposes.
Valcambi may also collect data in the following ways:
- IP Address: Valcambi and the Hosting Provider may collect information about the Stakeholders’ device, including where available the Internet Protocol address, for reasons of fraud protection. Valcambi may also collect information about the Stakeholders device’s operating system and browser type, for system administration. This is statistical data about the users' browsing actions and patterns and does not identify any individual.
Storage of Personal Data
Unless required by law or because of security imperative for another time period, Valcambi may store or otherwise process Personal Data of the Stakeholders as long as it is necessary to satisfy the purposes described hereinabove and insofar as the Data Subjects do not withdraw their consent for the processing (either for one or several purposes) nor exercise their right to be forgotten before the expiry of any of these time periods. The storage of the Data Subjects’ Personal Data shall be carried out in a manner compatible with legal obligations, available technology and costs of implementation.
III. Sharing and transfer of Data Subject’s Personal Data
Valcambi may only share the Data Subject’s Personal Data within Valcambi and Valcambi’s affiliates and with third parties in the few following cases:
- Service providers: to support Valcambi in their business operations (e.g. to deliver products, allow payment processing, for the organisation of events, to support, manage and maintain Valcambi Platforms, mitigate risks, help prevent fraud and promote trust and safety);
- A court, a regulator, governmental authorities or any other third party: if it is required by law or in connection with a legal claim or proceeding or to combat fraud.
Valcambi expects all these third parties provide necessary guarantees of confidentiality and security and take appropriate organizational and technical measures in compliance with the applicable laws. The service providers may only process the Personal Data shared by Valcambi according to and within the limits of the instructions of Valcambi.
Transfer outside Switzerland, EU or EEA
Valcambi does not transfer Personal Data to EU, third countries or international organisations.
The website of Valcambi may, from time to time, contain links to and from the websites of third parties. Valcambi draws attention to the fact, that if the Stakeholders follow a link to any of these websites, such websites will apply different terms to the collection and privacy of the personal data of Valcambi and Valcambi does not accept any responsibility or liability for these policies. The Stakeholders must check before submitting their information to these websites.
IV. Rights of the Data Subject
Any affected individual, including any business partner, visitor and partner, may request information from Valcambi as to whether data concerning them is being processed. In addition, they have the right to request the correction, deletion or restriction of Personal Data regarding them as well as to object to the processing of Personal Data. Should the processing of Personal Data be based on consent, the affected individual may withdraw consent at any time. In countries of the EU and EEA the affected individual may, in certain cases, have the right to obtain data generated during the use of online services in a structured, common and machine-readable format which allows for further use and transfer. Requests in this respect shall be submitted to the Data Protection Officer of Valcambi. Valcambi reserves the right to restrict the rights of the affected individual in accordance with applicable law and e.g. not to disclose comprehensive information or not to delete data.
Automated decision (without any human involvement)
Should Valcambi make an automated decision with respect to a certain individual which may have a legal effect for the affected individual or seriously affect the Stakeholders in a similar way, the affected individual shall have, in accordance with applicable law, the right to communicate with the Data Protection Officer of Valcambi and to request a reconsideration of the decision or to request the prior evaluation by the Data Protection Officer. In this case the affected individual might no longer be able to use certain automated services. The individual will be informed thereof subsequently or separately in advance. Any affected individual may also raise a complaint with the competent data protection authority.
These rights may be subject to exceptions or limitations (e.g. when Data Subjects’ Personal Data have been processed for security purposes or stored for legal or contractual obligations) and shall account for available technology and the cost of implementation. In certain cases, Valcambi will need to verify the Data Subject’s identity before processing a request he/she may have based on the above-mentioned rights.
V. Data Security
Valcambi uses suitable technical and organizational security measures that seem appropriate to protect the data stored by Valcambi from manipulation, partial or total loss and unauthorized access by third parties. The security measures are continuously updated according to technological developments.
Valcambi also takes the protection of their own internal company data very seriously. The staff and the service providers engaged by Valcambi are obliged to maintain confidentiality and to comply with the provisions of data protection law. Moreover, access to personal data is only granted as far as it is necessary.
VI. How to contact Valcambi?
Via Passeggiata 3