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Information in accordance with «Data Protection Act, DSG, Article 13»

Kinematica AG
Luzernerstrasse 147a
6014 Luzern

Represented by
NIENS, Wolfgang
NIENS, Christian
NIENS, Andreas

Contact Information
Phone: +41 41 259 65 65
Fax: +41 41 259 65 75
E-Mail: info@kinematica.ch
Web: www.kinematica.ch

Register entry
Entry in: Commercial Register
Register Number: CHE-107.361.758
Register Court: Handelsregisteramt, Lucerne / Switzerland

VAT number
VAT indentification number: CHE-107.361.758 MWST


GDPR

Privacy policy for Newsletter
Our free newsletter informs you regularly by e-mail about new products and special offers. Your data entered here will only be used to personalise the newsletter and will not be passed on to third parties. You can unsubscribe from the newsletter at any time or revoke your consent by e-mail to newsletter@kinematica.ch. Your data will be deleted after the end of the newsletter reception within 1 months, provided that the deletion does not conflict with any statutory storage requirements.

We use the Google service reCaptcha to determine whether a person or a computer makes a specific entry in our contact or newsletter form. Google uses the following information to determine if you are a human being or a computer: IP address of the terminal device you are using, the website you are visiting and on which the captcha is integrated, the date and duration of the visit, the identification data of the browser and operating system type used, Google account if you are logged in to Google, mouse movements on the reCaptcha areas and tasks for which you must identify images. The legal basis for the described data processing is Art. 6 para. 1 lit. f General Data Protection Regulation. There is a legitimate interest on our part in this data processing to ensure the security of our website and to protect us from automated input (attacks).

Data protection is very important to us. Below we will inform you how we process your data and what rights you are entitled to.

Processing purposes and legal basis
Your personal data will be processed in accordance with the provisions of the European Data Protection Regulation (EU-DSGVO), the Federal Data Protection Act (BDSG) and other relevant data protection regulations. The processing and use of the individual data depends on the existing business relationship or agreed service. Our contract documents, forms, consent forms and the other information provided to you (for example on the website) provide further details and additions to the processing purposes.

1. On the basis of a consent (Art. 6 Abs. 1 a EU-DSGVO)
The purposes of the processing of personal data arise from the granting of consent. Any given consent can be revoked at any time by you with effect for the future. Consents granted before the validity of EU GDPR (25.05.2018) can also be revoked at any time. Processing that took place before the revocation remains unaffected by the revocation. Example: sending a newsletter.

2. For the fulfillment of contractual obligations (Art. 6 Abs. 1 b EU-DSGVO)
The purposes of the data processing arise on the one hand from the initiation of pre-contractual measures, which precede a contractually regulated business relationship and, on the other hand, to the fulfillment of the obligations arising from the contract concluded with you.

3. Due to legal obligations (Art. 6 Abs. 1 c EU-DSGVO) or in the public interest (Art. 6 Abs. 1 e EU-DSGVO)
The purposes of data processing arise from the statutory requirements or are in the public interest (for example, compliance with statutory retention requirements). Furthermore, we process your data if necessary for the fulfillment of tax control and reporting obligations as well as the archiving of data for purposes of data protection and data security as well as the examination by tax and other authorities. In addition, the disclosure of personal data in the context of administrative/ judicial action may be required for purposes of gathering evidence, prosecuting or enforcing civil claims.

4. Justifiable interest of us or third parties (Art. 6 Abs. 1 f EU- DSGVO)
The purposes of processing arise from the protection of our legitimate interests. It may be necessary to process the data provided by you beyond the actual performance of the contract. Our legitimate interest may be used to justify the further processing of the data you have provided, unless their interests or fundamental rights and freedoms prevail. This is done for the following purposes:

  • For advertising or market research, if you have not objected to the use of your data
  • For obtaining information and exchanging information with credit bureaus, if this goes beyond our economic risk
  • For the limited storage of your data, if a deletion due to the special nature of the storage is not possible or only with disproportionate effort
  • For the assertion of legal claims and defense in the case of legal disputes that are not directly attributable to the contractual relationship
  • To ensure and exercise our domestic law through appropriate measures (such as video surveillance).

5. Categories of personal data processed by us
The following data is processed: Company data (company name, sector, address, email address, telephone number and comparable data), personal data (contact person, position in the company and comparable data), Payment / Cover Confirmation at banks, Customer history.

We continue to process personal information from public sources (such as the Internet, media, press, trade and club registries, registration records). We process, if necessary, personal information that we have lawfully obtained from third parties (such as address publishers, credit bureaus).

6. Who receives your data?
We disclose your personal data within our company to the areas that need this data to fulfill the contractual and legal obligations or to implement our legitimate interests. In addition, the following places can receive your data: Contract processors employed by us (Article 28 EU GDPR), service providers for supporting activities and other responsible persons within the meaning of the EU GDPR, in particular in the areas of IT services, logistics, courier services, printing services, external data centers, support / maintenance of IT Applications, Archiving, Document Processing, Accounting and Controlling, Data Destruction, Purchasing / Procurement, Customer Management, Letter Shops, Marketing, Telephony, Website Management, Tax Advice, Auditing Services, Banks, public bodies and institutions in the presence of a legal or regulatory obligation under which we are obliged to provide information, notification or disclosure of data or the data transfer is in the public interest Jobs and institutions based on our legitimate interests or the legitimate
interests of the third party (eg, government agencies, credit bureaus, debt collection agencies, lawyers, courts, appraisers, and regulators) other bodies for which you have given us your consent to the transfer of data.

7. Transmission of data provided by you to third countries or international organizations
A transfer of the data provided by you to a third country or an international organization will never take place. Should you wish to transfer the data provided by you to a third country or an international organization in individual cases, we will only do so after your written consent and release from professional secrecy.

8. To what extent is there automated decision-making in individual cases?
For the processing of the data provided by you no fully automated decision making (including profiling) acc. Art. 22 EU-GDPR is used. If we use these procedures in individual cases, we will inform you about this separately, if this is required by law.

9. How long do we save your data?
The processing of the data provided by you takes place as long as it is necessary to achieve the contractually agreed purpose, as long as the contractual relationship or the business relationship with you exists. In addition, we are subject to various storage and documentation requirements, including but not limited to: from the Commercial Code (HGB) and the Tax Code (AO). The deadlines for storage and documentation specified therein are up to 10 years beyond the end of the business relationship or the pre-contractual legal relationship. Ultimately, the storage period is also judged by the statutory limitation periods, for example, according to §§195ff. of the Civil Code (BGB) can usually be three years, in some cases, but also up to thirty years.

10. Scope of your obligations to provide us with your information
All you need to do is to provide the information necessary to enter into a business relationship or enter into a pre-contractual relationship with us, or that we are required to collect by law. Without this data we will generally not be able to conclude or execute the contract. This may also apply to data required later in the business relationship. If we also request data from you, you will be made aware of the voluntary nature of the information separately.

11. Information about your reights
10.1 Right of information Art. 15 EU-DSGVO

You have the right, upon request, to obtain free information as to whether and what data is stored about you and for what purpose the storage takes place.

10.2 Right to rembursement Art. 16 EU-DSGVO
You have the right to request immediate correction of your incorrect personal data from the person responsible. Considering the purpose of the processing, you are entitled to demand the completion of incomplete personal data.

10.3 Right to delete („Right to be forgotten“) Art. 17 EU-DSGVO
You have the right to ask the person responsible for your data to be deleted immediately. The controller is obliged to delete personal data immediately if one of the following applies:

  • Purposes for which the personal data were collected, are omitted
  • You revoke your consent to processing. There is no other legal basis for the processing
  • They contradict the processing. There is no other legal basis for the processing.
  • The personal data were processed unlawfully
  • The deletion of personal data is required to fulfill a legal obligation under EU or the law of the Member States to which the person responsible is subject
  • The personal data were collected in relation to information society services offered in accordance with Article 8 (1)

10.4 Right to restriction of processing Art. 18 EU-DSGVO & §35 BDSG
You have the right to request the restriction of processing if one of the following conditions is met

  • The accuracy of personal information of you doubted
  • The processing is illegal, but you reject a deletion.
  • Personal information is no longer needed for the purposes of processing, but you need the information to assert, exercise or defend your rights.
  • You have objected to the processing acc. Art. 21 para. 1 EU-DSGVO has been filed, as long as it is not certain that the legitimate reasons of the person responsible prevail over you, the processing is restricted.

10.5 Right to transferability Art. 20 EU-DSGVO
You have the right to receive the data provided by you in a structured and machine-readable format from the person responsible. A forwarding to another responsible person may not be hindered by us.

10.6 Right of objection Art. 21 EU-DSGVO
At any time you have the right to oppose the processing of your data, which, pursuant to Art. 6 para. 1f. EU-DSGVO (data processing on the basis of a balance of interests) or Art. 6 (1) EU-DSGVO (data processing in the public interest) takes the form of objections if there are reasons for this arising from your particular situation. This also applies to a profiling based on this provision within the meaning of Art. 4 No. 4 EU-DSGVO. If you file an objection, we will not process your personal information unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, pursuing or defending legal claims. If necessary, we also process your personal data in order to operate direct mail. If you do not want to receive advertising, you have the right to object to it at any time. This also applies to the profiling, as far as it is associated with such direct mail. We will consider this contradiction for the future. We will no longer process your data for direct marketing purposes if you object to the processing for these purposes. The objection can be made informally to the address listed under point 12.

11. Right of appeal to the controlling institution
You have a right of appeal to the data protection supervisory authority (Art. 77 EU-DSGVO) in our Region. 

12. Contact details of the person responsible for the data processing
Kinematica AG / Datenschutzabteilung / Luzernerstrasse 147a 
CH-6014 Luzern / Switzerland / info@kinematica.ch


DISCLAIMER

Accountability for content
The contents of our pages have been created with the utmost care. However, we cannot guarantee the contents‘ accuracy, completeness or topicality. According to statutory provisions, we are furthermore responsible for our own content on these web pages. In this matter, please note that we are not obliged to monitor the transmitted or saved information of third parties, or investigate circumstances pointing to illegal activity. Our obligations to remove or block the use of information under generally applicable laws.

Accountability for links
Responsibility for the content of external links (to web pages of third parties) lies solely with the operators of the linked pages. No violations were evident to us at the time of linking. Should any legal infringement become known to us, we will remove the respective link immediately.

Copyright
Our web pages and their contents are subject to Switzerland copyright law. Unless expressly permitted by law, every form of utilizing, reproducing or processing works subject to copyright protection on our web pages requires the prior consent of the respective owner of the rights. Individual reproductions of a work are only allowed for private use. The materials from these pages are copyrighted and any unauthorized use may violate copyright laws.