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Data protection

In this privacy policy, we, DataFlow Consulting GmbH, of Philippe Derron, Rebbergstrasse 10 in 8157 Dielsdorf

, represented by Philippe Derron, explain how we collect and otherwise process personal data.

This is not an exhaustive description; other data protection declarations or general terms and conditions, conditions of participation and similar documents may also govern specific circumstances. Personal data is understood to mean any information relating to an identified or identifiable person.

If you provide us with personal data of other persons (e.g. family members, data of work colleagues), please ensure that these persons are aware of this privacy policy and only provide us with their personal data if you are allowed 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. Controller / Data Protection Officer / Representative

Responsible for the data processing we describe here is

DataFlow Consulting GmbH
Philippe Derron
Rebbergstrasse 10
8157 Dielsdorf

If you have any data protection concerns, you can report them to us at the following contact address: philippe.derron@dataflowconsulting.ch

Our representative in the EEA in accordance with Art. 27 GDPR (if necessary) is:

DataFlow Consulting GmbH
Philippe Derron
Rebbergstrasse10
8157 Dielsdorf

2. Collection and processing of personal data

We primarily process personal data that we receive from our customers and other business partners and other persons involved in the context of our business relationship with them, or that we collect from their users when operating our websites, apps and other applications.

Where permitted, we also obtain certain data from publicly accessible sources (e.g. debt registers, land registers, commercial registers, press, internet) or receive such data from other companies within the DataFlow Consulting, from authorities and other third parties (such as credit agencies). In addition to the data that you provide us directly, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we learn in connection with official and judicial proceedings, information in connection with your professional functions and activities (so that we can, for example, conclude and process business 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 close to you (family, advisors, legal representatives, etc.) provide to us so that we can conclude or execute contracts with you or with your involvement (e.g. references, your address for deliveries, powers of attorney, information for compliance with legal legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners of ours for the purpose of claiming or providing services by you (e.g. payments made, purchases made), information about you from the media and the internet (insofar as this is indicated in the specific case, e.g. in the context of an application, press review, marketing/ sales, etc.), your addresses and, where applicable, interests and other sociodemographic 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 visit, pages and content accessed, functions used, referring website, location information).

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 our core business with our customers and the purchase of products and services from our suppliers and subcontractors, as well as to fulfill our legal obligations in Switzerland 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 process personal data about you and other persons, to the extent permitted and as we deem appropriate, for the following purposes, in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose:

  • Offering and further developing our offers, services and websites, apps and other platforms on which we are present;
  • communication with third parties and processing their requests (e.g. job applications, media requests);
  • advertising and marketing (including the organization of events), provided you have not objected to the use of your data (if we send you advertising as an existing customer, you can object to this at any time and we will put you on a blacklist to prevent further advertising mailings);
  • market and opinion research, media monitoring;
  • assertion of legal claims and defense in connection with legal disputes and official proceedings;
  • prevention and investigation of criminal acts and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
    ensuring our operations, in particular IT, our websites, apps and other platforms;
  • video surveillance to safeguard our domiciliary rights and other measures for IT, building and system security and the protection of our employees and other individuals and assets belonging to or entrusted to us (such as access controls, visitor lists, network and mail scanners, telephone recordings);
  • the purchase and sale of business units, companies or parts of companies and other corporate transactions and the associated transfer of
  •  
  • personal data as well as measures for business management and compliance with legal and regulatory obligations as well as internal regulations of DataFlow GmbH. If you have given us permission to process your personal data for specific purposes (for example, when you register to receive newsletters or perform a background check), we will process your personal data in the context of and based on this consent, provided we have no other legal basis and we require one. You may revoke consent at any time; however, this will not affect the lawfulness of any data processing that has already taken place.

4. Cookies / Tracking and other technologies in connection with the use of our website

We typically use “cookies” and similar techniques on our websites that can be used to identify your browser or device. In addition to cookies that are only used during a session and deleted after your visit to the website (“session cookies”), cookies can also be used to store user settings and other information over a certain period of time (e.g. two years) (“permanent cookies”). However, you can set your browser to reject cookies, to store them only for one session or to delete them prematurely. Most browsers are set by default to accept cookies. If you block cookies, certain functionalities (such as language selection, shopping cart, order processes) may no longer work.

5. Data transfer and transmission abroad

Within the scope of our business activities and for the purposes set out in Section 3, we also disclose data, to the extent permitted and as we deem appropriate, to third parties, either because they process it for us or because they wish to use it for their own purposes. This applies in particular to the following parties:

  • our service providers (within DataFlow GmbH and external, such as banks and insurance companies), including processors (such as IT providers);
  • dealers, suppliers, subcontractors and other business partners;
    domestic and foreign authorities, agencies or courts;
  • media for self-promotion;
    the public, including visitors to websites and social media;
  • competitors, industry organizations, associations, organizations and other bodies;
  • Acquirers or parties interested in acquiring business units, companies or other parts of DataFlow GmbH;
  • other parties in possible or actual legal proceedings;
    all joint recipients. These recipients are sometimes in Germany, but can be anywhere in the world. In particular, you must expect your data to be transferred to all countries in which DataFlow GmbH is represented by group companies, branches or other offices, as well as to other countries in Europe and the USA where the service providers we use are located (such as [Microsoft], [SAP], [Amazon], [Salesforce.com]).

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 (for this we use the revised standard contractual clauses of the European Commission, which can be found here: https://eur-lex .europa.eu/eli/dec_impl/2021/914/oj? An exception may apply in the case of legal proceedings abroad, but also in cases of overriding public interests or if a contract requires such disclosure, if you have consented or if the data in question is data that you have made generally accessible and the processing of which you have not objected to.

6. Duration of personal data storage

We process and store your personal data for as long as is necessary to fulfil our contractual and legal obligations or otherwise for the purposes for which the data is processed, i.e. for the duration of the entire business relationship (from the initiation and execution to the termination of a contract) and beyond that in accordance with the legal storage and documentation obligations. It is possible that personal data will be stored for the period during which claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or if legitimate business interests require it (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted or anonymized as far as possible. For operational data (e.g. system logs, logs), shorter retention periods of twelve months or less generally apply.

7. Data security

We take appropriate technical and organizational security precautions to protect your personal data from unauthorized access and misuse, such as issuing instructions, training, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, pseudonymization, and controls.

8. Obligation to provide personal data

As part of our business relationship, you must provide the personal data necessary to establish and conduct a business relationship and to fulfill the associated contractual obligations (as a rule, you have no legal obligation to provide us with data). Without this data, we will generally not be able to conclude or execute a contract with you (or the entity or person you represent). The website cannot be used either if certain information to ensure data traffic (such as the IP address) is not disclosed.

9. Profiling and automated decision-making

In principle, we do not use any fully automated decision-making (as regulated in Art. 22 GDPR) to establish and conduct the business relationship or for any other purpose. Should we use such procedures in individual cases, we will inform you of this separately, provided that this is required by law and explain the associated rights.

10. Rights of the data subject

Within the scope of the data protection law applicable to you and to the extent provided therein (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 for the purposes of direct marketing, profiling operated for direct advertising and further legitimate interests in processing, as well as to the surrender of certain personal data for the purpose of transfer to another location (so-called data portability). Please note, however, that we reserve the right to enforce the restrictions provided by law, for example if we are obliged to store or process certain data, have an overriding interest in it (insofar as we may invoke it) or need it to assert claims. If you incur 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 the exercise of these rights may conflict with contractual agreements and that this may have consequences such as premature termination of the contract or cost implications. We will inform you of this in advance, unless this is already contractually regulated.

The exercise of such rights generally requires that you clearly prove your identity (e.g. 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.

In addition, every data subject has the right to enforce their claims in court or to file 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).

11. Changes

We may amend this privacy policy at any time without notice. The current version published on our website applies. If this data protection declaration is part of an agreement with you, we will notify you of the change by e-mail or other appropriate means in the event of an update.

Source: This data protection declaration is based on the template of the DSAT – Data Protection Self Assessment Tool and has been adapted to the actual circumstances of the DataFlow GmbH website.