1. Scope of the data protection statement
This data protection statement sets out the steps we took to comply with the data protection requirements as per Swiss and EU law as well as other applicable laws on regulating the collection, storage, use and transmission ("processing") of personal data.
The statement describes how we process personal data we received from you via a website or an application. The statement exclusively applies to personal data that MARTIN AG collects for example from websites, via emails and through other online tools and applications.
The Swiss act on data protection (FADP) applies. In addition, applicable law as set out in the European General Data Protection Regulation (GDPR) applies where appropriate.
2. Processing of personal data; type, aim and its use
When visiting our website, information is temporarily stored on our server in so-called log files. The information is automatically sent by your end device's browser. In particular:
We process the above-mentioned data for the following purposes:
Personal data is any information relating to an identified or identifiable person. A data subject is a person whose data is processed. Processing includes any operation with personal data, irrespective of the means applied and the procedure, and in particular the archiving, disclosure, collection, deletion, storage, revision, destruction and use of personal data.
We process the personal data required to provide our range of products effectively and user-friendly as well as permanently, securely and reliably.
As a matter of principle, we process personal data only after the data subjects have given their consent unless processing is permissible for other reasons such as to fulfil a contract with the data subject and for corresponding steps prior to the contract taking effect, to protect our predominant legitimate interests, since the circumstances make processing apparent or because the information was already available. In this context we particularly process data that data subjects transmit themselves when contacting us for example via letter post, email, contact form, telephone or social media and are entitled to store such data in a customer relationship management system (CRM system), in online shop software or with comparable auxiliary tools.
We process personal data for such duration that is required for the respective purpose(s). If legal or other obligations that we are subject to stipulate longer lasting storage obligations, we limit processing accordingly.
We are entitled to have third parties including third parties abroad process personal data. Such parties handling orders process personal data on our behalf. In each case, we make sure that such third parties guarantee an appropriate degree of data protection.
We are active on social media and other online platforms to be in a position to communicate with customers and interested parties and inform them of our range of products. The corresponding general terms and conditions (GTC), data protection statements and other provisions of the respective operator apply.
Legal basis for processing personal data
We process personal data in accordance with the Swiss act on data protection (FADP) and other applicable data protection laws (e.g. GDPR).
3. Processing of personal data
MARTIN AG collects and processes personal data of
- visitors of the company's website registered or non-registered with MARTIN AG;
- contact persons and staff members of suppliers, retailers, vendors and providers of MARTIN AG's products and product components;
- customers, buyers and recipients/beneficiaries or interested parties of MARTIN AG's products and product components or of their contact persons or staff members;
- contact persons and staff members of business partners and affiliated companies and of additional trading and commercial partners;
- recipients of MARTIN AG's newsletters;
- participants of market research and opinion surveys conducted by MARTIN AG;
- participants of courses, seminars and other events offered by MARTIN AG;
- users of the WLAN networks MARTIN AG provides at the business premises and at other locations;
(collectively business partners).
As a matter of principle, the personal data of the business partners is directly collected from the data subjects in the context of using the websites, upon requesting or using products or services, when submitting reviews and reports, when participating in market or other surveys, during MARTIN AG's events or when directly communicating with MARTIN AG via email, telephone or by other means.
However, such data can also be collected indirectly, for example in particular when another business partner transacts business in favour of a business partner or to supply goods or services to a business partner, upon recommendation of third parties (e.g. a recommendation by a person acquainted with the business partner) or by collecting or acquiring supplementary data from third-party data sources (e.g. social media, list brokers).
MARTIN AG specifically processes the following categories of personal data:
Personal data and contact information: This includes in particular but is not limited to first and last name, physical address, location, telephone number, email address, age, date of birth, sex, marital status, members of family, information on a possible second contact, photograph, information on the role, information on previous business connections with these persons, information on business transactions, requests, offers, quotes, conditions and contracts, information on vocational and other interests of the persons;
Data connected with supply and sales as well as with orders and purchasing: This includes in particular but is not limited to payment information, credit card and other payment details, billing and shipping address, supplied and sold as well as ordered and purchased products and services;
Data connected with the marketing of products and services: This includes in particular but is not limited to information on marketing activities such as the receipt of newsletters, newsletter opt-ins and opt-outs, received documents, invitations to and participations in events and special activities, personal preferences and interests, etc.;
Data connected with the use of the websites: This includes in particular but is not limited to IP address and other identifiers (e.g. user name for social media, MAC address of the smartphone or computer, cookies, web beacons, pixel tags, log files, local shared objects (flash cookies) or other technologies that collect personal data automatically), date and time of the visit or use of the websites, visited pages and contents, referring websites, etc.;
Data connected with communication: This includes in particular but is not limited to preferred communication channel, correspondence, language of correspondence and communication with MARTIN AG (including recorded communication), etc.
4. Disclosure of data to third parties (incl. jointly responsible parties and parties handling order data)
Insofar as required for order handling, your data is disclosed to our partners (third parties). If we disclose data to external service providers, technical and organizational steps are taken to ensure that the data is disclosed in accordance with the legal provisions for protecting data. If you provide us with personal or company data voluntarily, we will not use, process or disclose such data beyond the scope permitted by law or specified in a declaration of your consent. What is more, we only disclose your data to external service providers insofar as this is required for fulfilling the contract and if the providers have agreed to the provisions on appropriate confidentiality and due care. We furthermore disclose your data only if we are legally obliged to do so following an official or court order.
On the one hand, cookies are used to record the frequency of use, the number of users and user behaviour on our website, to increase security of using the website and to present the information we offer in a user-friendly manner. These cookies are automatically deleted upon leaving our website.
In addition, we also use temporary cookies to optimize user-friendliness. Temporary cookies are stored on your end device for a specific, defined period. When revisiting our website to make use of our services, it is automatically detected that you have visited our site before and which information you shared and settings you specified so that you do not have to share or specify the data again.
You can configure your browser settings such that no cookies are stored on your computer. Completely deactivating cookies may mean that you cannot make use of the full functionality of our website.
When continuing to use our website and/or agreeing to this data protection statement, you consent that we place cookies and hence collect, store and use personal user data, also beyond the duration of the browser session. You may withdraw this consent at any time by activating the browser presetting for refusing cookies by third parties.
6. Analysis tools
7. Social media plug-ins
We use the following social media plug-ins on our website to advertise our company. The underlying promotional purpose is to be considered as legitimate interest pursuant to art. 6, para. 1 let. f of the GDPR. The corresponding provider must ensure responsibility is accepted for operating the services in compliance with the data protection provisions. You consent to the processing of data in connection with the plug-ins when using the plug-ins.
When using the services of these social networks independently or in connection with our website, the social networks analyze your use of the plug-in. In this case, information is transmitted to the social networks via the plug-in.
On our website, plug-ins are used by social network Facebook that is provided by Facebook Inc. Facebook plug-ins are identified by a Facebook logo or the Like or Share feature. Please visit https://developers.facebook.com/docs/plugins for an overview of the Facebook plug-ins and their appearance.
When visiting a page of our internet presence that contains such a plug-in, your browser sets up a direct connection with the Facebook servers. Facebook transmits the plug-in content directly to your browser and integrates this content into the page.
With this integration, Facebook receives the information that your browser visited the corresponding page of our internet presence even if you do not have a Facebook profile or if you are currently not logged into your Facebook account. Your browser directly transmits this information (including your IP address) to a Facebook server in the USA where it is stored.
When logged into your Facebook account, Facebook can directly allocate the visit of our website to your Facebook profile. When interacting with the plug-ins, for example by clicking the Like button, this information is also directly transmitted to a Facebook server and stored there. The information is furthermore published on your Facebook profile and displayed to your Facebook friends.
For information on the purpose and scope of data collection and further processing and use of your data by Facebook as well as your rights and setting options in this respect for protecting your privacy, please refer to Facebook's data protection information: https://www.facebook.com/policy.php.
Plug-ins by short message network Twitter Inc. are integrated into our website. Twitter plug-ins (Twitter button) are identified by the Twitter logo and the Tweet feature. When visiting a page of our internet presence that contains such a plug-in, a direct connection is set up between your browser and the Twitter server. Twitter hence receives the information that you visited our page with your IP address. When clicking the Twitter button while logged into your Twitter account, you can link the contents of our pages to your Twitter profile. Twitter can thus allocate the visit of our pages to your user account.
We would like to point out that we as provider of the pages do not receive any information on the contents of the transmitted data and its use by Twitter. For more information, please visit https://twitter.com/en/privacy.
Plug-ins by social network LinkedIn Corporation, USA are installed on our website. The LinkedIn plug-in (LinkedIn Recommended button) is identified by the LinkedIn logo. When visiting a page of our internet presence that contains such a plug-in, a direct connection is set up between your browser and the LinkedIn server. LinkedIn hence receives the information that you visited our page with your IP address. When clicking the LinkedIn button while logged into your LinkedIn account, you can link the contents of our pages to your LinkedIn profile. LinkedIn can thus allocate the visit of our pages to your user account. We would like to point out that we as provider of the pages do not receive any information on the contents of the transmitted data and its use by LinkedIn. For more information, please visit https://www.linkedin.com/legal/privacy-policy.
Plug-ins by social network XING SE, Germany are installed on our website. The XING plug-in (XING button) is identified by the XING logo. When visiting a page of our internet presence that contains such a plug-in, a direct connection is set up between your browser and the XING server. XING hence receives the information that you visited our page with your IP address. When clicking the XING button while logged into your XING account, you can link the contents of our pages to your XING profile. XING can thus allocate the visit of our pages to your user account. We would like to point out that we as provider of the pages do not receive any information on the contents of the transmitted data and its use by XING. For more information, please visit https://www.xing.com/app/share?op=data_protection.
e) Google Maps
Google Maps services are used on our website (e.g. in-screen or via interfaces/APIs). Google LLC, USA therefore potentially processes information on your actual location. Google uses various technologies for determining locations such as IP addresses, GPS and other sensors that provide Google for example with information on nearby devices, WLAN access points or cell towers.
For information on the purpose and scope of data collection and further processing and use of your data by Google as well as your rights and setting options in this respect for protecting your privacy, please refer to Google's data protection information: https://policies.google.com/privacy?hl=en&gl=en.
Our internet pages contain at least one plug-in by YouTube, associated with Google LLC, based at 901 Cherry Ave., San Bruno, CA 94066, USA. When visiting a page of our internet presence that contains a YouTube plug-in, a connection with the YouTube servers is set up. In this process information is transmitted to the YouTube server on which specific page of our internet presence you visited. When additionally logged into your YouTube account, YouTube can directly allocate your surfing behaviour to your personal profile. You can prevent the possibility of allocating your behaviour by logging out of your account beforehand. For more information on how YouTube collects and uses your data, please visit https://policies.google.com/privacy?hl=en and see the privacy notice found there.
8. Information, deletion and correction
You may request at any time that we inform you regarding your data that we store. For this, we would like to ask you to send an email request for information to the address below. Together with the request, proof of identity must be sent to the same address.
At any time may you request that your data be deleted or corrected. As a matter of course, you are also entitled to withdraw the consent you declared regarding the future use or processing of personal data at any time. For this, we would like to ask you to send an email to email@example.com.
We delete stored data when it is no longer required for the specified purpose.
Regarding the deletion of data, it must be noted that we are subject to certain legal obligations which stipulate that we are obliged to store certain data. We must comply with this obligation. Should you request that data be deleted that is subject to the legal storage obligation, the data is blocked in our system and only used to comply with the legal storage obligation. We will meet your request for deleting the data once the storage obligation has expired.
9. Right to object
If your personal data is processed based on legitimate interests, you are entitled to object the processing of your personal data provided that there are reasons resulting from your special situation or if the objection is directed against direct marketing. In the latter case you have a general right to object that we comply with without a special situation being stated.
10. Data security
We will store your data securely and hence take all appropriate steps to protect your data from loss, access, misuse or alteration. Our staff members and contracting parties that can access your data are contractually obliged to secrecy and compliance with the provisions of the data protection laws. In some cases it will be required that we transmit your requests to companies affiliated with MARTIN AG. Your data will be treated confidentially in such cases as well.
This data protection statement applies to the processing of data by:
MARTIN AG für Umwelt- und Energietechnik
+41 56 438 06 60
Federal Data Protection and Information Commissioner
12. Current data protection statement and revisions of it
Revisions of this data protection statement are published on this page. You can thus inform yourself at any time about which data we store and how we collect and use it. You can store and/or print the data protection provisions from this page. For the current version of our data protection statement, please visit https://www.martin-ag.com/.
Wettingen, 28 June 2021