Data Protection

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1. INTRODUCTION

Bauwerk Parkett AG, Neudorfstrasse 49, 9340 St. Margrethen (hereinafter referred to as ‘BAUWERK’ or ‘we’) honours the data protection rights of its online visitors. Protection of your privacy is of utmost importance to us. Naturally, we collect, process and use your personal data exclusively in accordance with the following principles and in compliance with the applicable data protection laws. Users of this website agree to their data being processed in accordance with this Data Protection Guideline.This policy applies where we are acting as a data controller with respect to the personal data of our websites’ visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.

We use cookies on our websites. Insofar as those cookies are not strictly necessary for the provision of our websites and services, we will ask you to consent to our use of cookies when you first visit our websites. Please refer to our Cookies Policy for more information to learn how we are using cookies. You can manage your preferences relating to the use of cookies on our websites by visiting the Cookie Settings.

We adopt appropriate data collection, storage and processing practices, and security measures to protect against unauthorized access, alteration, disclosure or destruction of personal information, usernames, passwords, transaction information and data stored on our websites.

In this policy, "we", "us" and "our" refer to Bauwerk Parkett AG and its subsidiaries.

2. HOW WE USE YOUR PERSONAL DATA

In this Section 2 we have set out:

(a)           the general categories of personal data that we may process;

(b)           in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;

(c)           the purposes for which we may process personal data; and

(d)           the legal bases of the processing.

We may process data about your use of our websites and services ("usage data"). The usage data may include your geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system Google Analytics. This usage data may be processed for the purposes of analyzing the use of the websites and services. The legal basis for this processing is your consent and our legitimate interests, namely monitoring and improving our websites and services. You may opt-out of this at any point by visiting our cookies preference center: [URL Preference Center]

We may process your account data ("account data") that you provide to create an account on our websites. The account data may include Bauwerk ID, product/article information, floor layer, installation location, installation date, quantity installed, architect, general contractor and the type of object. The source of the account data is you. The account data may be processed for the purposes of operating our websites, providing our services, ensuring the security of our websites and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent.

We may process your information contained in your personal profile on our websites ("profile data"). The profile data may include your name, address, telephone number, e-mail address, gender, date of birth, the company you are employed with, a delivery notice and any delivery information, information about products purchased and products placed in the shopping cart, and order history. The source of this profile data is yourself. The profile data can be processed for the purpose of enabling and monitoring your use of our websites and services, in particular for our online shop. The legal basis for this processing is consent and our legitimate interest, namely to fulfill a contract/order between you and us and/or to take steps at your request to conclude such a contract.

We may process ("usage data") with our marketing automation solution as reasonably necessary to measure and improve the success of our websites. This personally identifiable information may include your IP address, geographic location, browser type and version, operating system, referral source, length of visit, page views and site navigation paths, and information about the timing, frequency, and pattern of your use of the Services. The usage data may be linked to your profile data and account data. The legal basis for this processing and provision is consent. You may opt-out of this at any point by visiting our cookies preference center: [URL Preference Center]

We may process information relating to transactions, including the purchase of products and services, that you enter into with us and/or via our websites ("transaction information"). Transaction information may include your contact information, products ordered, credit card information and transaction details. Transaction data may be processed for the purpose of supplying or providing purchased products and services and to maintain proper records of such transactions. The legal basis for such processing is to fulfill a contract/order between you and us and/or to take steps at your request to conclude such a contract and to properly administer our legitimate interest, namely our Websites and our business.

We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletter ("notification data"). The notification data may include your salutation, first name, last name, email, company, phone number, city, state/region, postal code, and country. The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent. You may opt-out of this at any point.

We may process information contained in or relating to any communication that you send to us namely via web forms or by email ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our websites will generate the metadata associated with communications made using the websites forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our websites and business and communications with users.

We may process your personal data referred to in this Policy if necessary to enforce, exercise or defend legal claims, whether in legal, administrative or extrajudicial proceedings. The legal basis for such processing is our legitimate interest in protecting and safeguarding our statutory rights, your statutory rights and the statutory rights of third parties.

In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

Your personal data transmitted over the Internet during the ordering process is encrypted using SSL encryption.

Please do not supply any other person's personal data to us, unless we prompt you to do so.

Please do not enter any personal data in the search field of the website.

3. PROVIDING YOUR PERSONAL DATA TO OTHERS

We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy. Information about our group of companies can be found at www.bauwerk-parkett.com and www.boen.com.

We may disclose your address information to our service and logistics partners, such as the postal service or shipping companies, insofar as reasonably necessary for the purpose of delivering the ordered products.

We may disclose your enquiry data to one or more of those selected third party distributors of goods and services identified on our websites for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services. Each such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party's use of your personal data. The legal basis for this disclosure is your consent.

We may disclose ("usage Data") to our advertising and social media providers insofar as is reasonably necessary to measure the success of and improve our advertising and social media efforts. This personal data may include IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. These advertising providers include Facebook, Google AdWords, Google DoubleClick, YouTube, and Twitter. The legal basis for this disclosure is your consent. You may opt-out of this at any point by visiting our cookies preference center: [URL Preference Center]

We may disclose your ("correspondence data") to a service provider (such as a floorer, architect, etc.) for the purpose of processing your orders, where this is reasonably necessary to process your request. These third parties act as data controllers with respect to your personal information, that we provide to you; when you contact them, the third parties each provide you with a copy of their own privacy policies governing the use of your Personal Information. The legal basis for this disclosure is your consent.

We may disclose your ("notification data") to the newsletter processor for the purpose of sending you relevant digital information, provided we have obtained your consent.

Financial transactions ("transaction data") in connection with our websites or services are processed by our payment service providers PayPal or Stripe. We will only share transaction information with our payment service providers to the extent necessary to process your payments, refund such payments, and process complaints and requests regarding payments and refunds of this type. For information about payment service providers' privacy policies and practices, please visit https://www.paypal.com/de/webapps/mpp/ua/privacy-full and https://stripe.com/de/privacy.

In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. In addition, we may disclose your personal information as necessary to enforce, exercise or defend legal claims, whether in legal, administrative or extrajudicial proceedings.

4. CROSS BORDER DATA TRANSFER OF YOUR PERSONAL DATA

In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries outside Switzerland and the European Economic Area (EEA).

We and our other group companies have offices, facilities and a distribution network all over the world.  Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission and the use of binding corporate rules.

The hosting facilities for our websites are situated in Switzerland. The European Commission has made an "adequacy decision" with respect to the data protection laws of this country.

Our Analytics Provider, Google Analytics, is situated in the United States of America. The European Commission has made an "adequacy decision" with respect to the General Data Protection Regulation. Transfers to the United States of America will be protected by appropriate safeguards, namely the EU-US Privacy Shield framework of which Google Analytics is a signatory. Information on the framework can be found here: https://www.privacyshield.gov/

Our Advertising and Social Media providers, listed in section 3, are located in the United States of America. The European Commission has made an "adequacy decision" with respect to the General Data Protection Regulation. Transfers to the United States of America will be protected by appropriate safeguards, namely the EU-US Privacy Shield framework of which all our advertising and social media providers are signatories. Information on the framework can be found here: https://www.privacyshield.gov/

Our marketing automation software is installed locally on our servers in Switzerland. Transmitted data does not leave Switzerland or the EU.

Our shop software is installed locally on our servers in Switzerland. Transmitted data does not leave Switzerland and the EU.

Our Newsletter provider, Campaign Monitor Inc., is located in the United States of America.  Transfers to this provider will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission and the use of binding corporate rules.

We maintain online presences on the following social networks: LinkedIn, Xing, Twitter, Instagram, Facebook, YouTube. When you visit these platforms, their privacy policies apply. For information about social networking privacy policies and practices, please visit the following links:

• https://www.linkedin.com/legal/privacy-policy
• https://privacy.xing.com/
• https://twitter.com/privacy
• https://www.facebook.com/policy.php
• https://help.instagram.com/519522125107875
• https://policies.google.com/privacy

We and other companies of the BAUWERK® Group maintain offices and facilities in Switzerland, Germany, France and Austria. Boen AS is located in Norway.

The hosting facilities for our website are located in Switzerland. The European Commission has made an "adequacy decision" with regard to the Swiss Data Protection Act. Transfers to Switzerland are protected by adequate safeguards through the use of standard data protection provisions adopted or approved by the European Commission.

5. RETAINING AND DELETING PERSONAL DATA

This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

We secure our website and other systems through technical and organizational measures against loss, destruction, access, alteration or distribution of your data by unauthorized persons.

Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

We will retain your personal data for a minimum of time.

It is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:

1. the period of retention of Usage Data will be determined based on user requests for deletion or the data is no longer required.
2. the period of retention for Account Data will be determined based on user requests for deletion or the data is no longer required.

(c)        the period of retention for Transaction Data will be determined based on user requests for deletion or the data is no longer required.

(d)        the period of retention for Notification Data will be determined based on user requests for deletion.

(e)        the period of retention for Correspondence Data will be determined based on user requests for deletion or the data is no longer required and the correspondence has been completed.

Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

6. AMENDMENTS

We may update this policy from time to time by publishing a new version on our websites. You should check this page occasionally to ensure you are aware with any changes to this policy.

We may notify you by email of material changes to this policy.

7. YOUR RIGHTS

In this Section 7, we have summarized the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

Your principal rights under data protection law are:

(a)           the right to access;

(b)           the right to rectification;

(c)           the right to erasure;

(d)           the right to restrict processing;

(e)           the right to object to processing;

(f)            the right to data portability;

(g)           the right to complain to a supervisory authority; and

(h)           the right to withdraw consent.

You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data.

You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for compliance with a legal obligation; or for the exercise or defense of legal claims.

In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the exercise or defense of legal claims.

You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

To the extent that the legal basis for our processing of your personal data is:

(a)           consent; or

(b)           that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, Switzerland, your place of work or the place of the alleged infringement.

To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

8. CONTACT DETAIL

Your trust is important to us. Our service department will therefore be happy to assist you at any time and will answer any additional questions you may have about data protection at digital@bauwerk.com.

9. FINAL PROVISIONS

In the event of ambiguities, the German version of the data protection declaration shall apply.

Bauwerk Parkett AG
Datenschutz
Neudorfstrasse 49
CH-9430 St. Margrethen
Telefon: +41 71 747 74 74

26.09.2018 - Version 1.0