general_terms_and_conditions_of_business_of_burri_public_elements_deutschland_gmbh.pdf

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Datenschutz

^{Version of 15.5.2018}

This privacy policy explains what personal data is, what types of personal data we collect, the purposes for which this data is collected, how it is processed and what rights you have in this regard. We assure you that we handle your personal data very carefully.

Processing of personal data

1. What is personal data?
Personal data is information that refers to an identified or identifiable natural person, for example your contact details, order or production information.

2. General principles governing the processing of personal data by BURRI public elements AG
We comply with the following principles when processing your personal data:

We collect personal data exclusively for specific, clear and lawful purposes.
We do not collect any personal data apart from the data required for these purposes.
We do not use personal data for purposes other than those for which the data was collected, unless otherwise stated or after prior consent.
We do not share personal data with third parties, unless otherwise stated or after prior consent.
We do our utmost to ensure that the information is up to date, by regularly asking you to check your personal data.
We take appropriate technical and organisational measures to protect your personal data from accidental or unlawful destruction, accidental loss or changes, unauthorised disclosure or access, and any other form of unlawful processing.
Unless otherwise stated, we do not store personal data any longer than necessary to achieve the purpose for which the data was collected or processed, and/or any longer than required by law.

3. The personal data we collect and process
When you interact with BURRI public elements AG through various channels including our websites/newsletter/newsflash, social networks or the online shop (list is not exhaustive), we collect and process your personal data. The data we collect and process can be classified as follows:

1) Your personal information, e.g. first name, last name, gender, nationality, email address, postal address (street, postcode, city and country), telephone number, occupation (sector/role), IP address and language (list is not exhaustive).

2) Your purchase information, e.g. your personal information (as above), your company name (if provided), your shipping information (e.g. your delivery address if different from postal address), your order information (e.g. product name, product serial number, quantity, purchase date and merchant information) and your payment information (e.g. credit card details or similar payment information) and password(s) (for access to the online shop).

3) Your usage data, e.g. your personal information (as above), information on your BURRI product(s) including serial number(s), type of product use, date and frequency of use, login details and information that you share voluntarily in connection with your BURRI products.

4) Information on your visitor behaviour, which is collected by using cookies and similar technologies such as tags and other identifiers, in order to save your settings, track how our websites are used and adapt our marketing offers accordingly.

Examples of actual applications in relation to the specified data:

Newsletter/Newsflash

When sending out our newsletter/newsflash, we use the stated personal data, in particular the email address given by you. To do so, we need you as owner of the email address to confirm your agreement to receive them.

If at a later date you no longer wish to receive our newsletter/newsflash, you can cancel them at any time. You can do this simply by text notification to the contact details given in Item 19 (e.g. email, letter). Of course an unsubscribe link also appears in each newsletter/newsflash.

Competitions, market research and opinion polling

For competitions we use the stated data to notify winners and advertise our offers. Detailed information is given in the terms of entry for each competition.

We also use your data for market research and opinion polling. We do not use the data collected through market research and opinion polling for advertising purposes. Detailed information (in particular on the analysis of your data) is included in the relevant survey and/or where you insert your details. Your replies to surveys are not published or shared with third parties.

4. How we use your personal data
We collect and process personal data only when at least one of the following purposes applies:

1) We provide you with information on projects, products, news, events and other advertising content relating to BURRI public elements AG. The associated data processing is based on your specific consent.

2) We process your enquiries, orders, warranty claims, complaints, complete purchasing processes, initiate delivery of purchased products, advise you verbally (e.g. by phone) or in writing (e.g. by email) and process returns, if any. Data processing by us is essential for the fulfilment of a contract to which you are a party.

3) We conduct analyses and prepare statistics on the type, date and frequency of use of BURRI products, in order to ascertain how our products are used, so that we can improve the quality of our products accordingly, adapt our marketing campaigns and develop new products. We have to process data in order to exercise the legitimate interests of BURRI public elements AG. This data processing has no adverse effect on you.

4) We collect your feedback on your use of BURRI products and services by inviting you to complete surveys or questionnaires. The associated data processing is based on your specific consent.

Accordingly, some of your personal data is collected and processed so that we can fulfil our contractual obligations towards you, for example, when you purchase our products, use our customer advice service or claim under warranty. If you decide not to provide us with the requested and necessary personal data for this, we may be unable to meet your request in full.

5. Where we store and process your personal data
Your personal data is stored and processed exclusively in Switzerland and/or Germany.

We ensure that all the necessary legal and security safeguards are implemented.

6. Sharing your personal data with third parties
Basically, we collect and process your data to simplify and improve the products, services and offers of BURRI public elements AG. We do not sell your personal data or share it with third parties, except to the extent stated in the context of this privacy policy.

We may share your personal data with third parties to the extent required by law, in compliance with a decision by a competent authority or for criminal prosecution purposes. In addition, we may share your personal data with the following third parties:

1) Authorised BURRI dealers and/or resellers or third companies commissioned by BURRI (e.g. external manufacturers), which deliver products and provide services to you, in order to maintain a uniform level of service in terms of our products and services and to improve our products, services and your customer experience.

2) Third-party suppliers that provide services for us in the following areas: sales, marketing, IT support, advertising, analytics, research, product service, support, shipping and order fulfilment, data protection, validation, security, fraud prevention, payment handling and legal services. These third-party suppliers are authorised to perform said services, but are not permitted to use your personal data for any other purpose.

3) Third parties that represent BURRI public elements AG in the investigation, enforcement or defence of legal claims.

4) Third parties that are involved in mergers, sales, joint ventures, assignments, transfers or other disposals of all or some parts of the assets or stock of BURRI public elements AG (including but not restricted to insolvency or similar proceedings).

5) Other third parties, after you have given your consent.

When we share your personal data with third parties, we take all necessary steps to ensure that these third parties are bound by confidentiality and data protection obligations in relation to the protection of your personal data. Personal data is shared in compliance with the statutory regulations, including conclusion of an agreement on data processing with the third parties concerned, in order to ensure that personal data is processed in accordance with our provisions, the applicable law and regulations and for the purpose specified by us, and to guarantee adequate security measures.

7. Storage of your personal data
We only store your information as long as required for the purpose for which it was collected. The period for which we store information varies depending on the purpose for which it is collected and used.

Personal data associated with your purchases and product guarantee information is stored and processed for a period of ten (10) years from date of purchase, unless it[KU1] relates to an extended warranty period or the relevant data is lawfully processed for other purposes, for example the provision of personal benefits or for the purpose of individual direct marketing with your agreement or to pursue our legal rights, provided the storage of such information is considered necessary for this purpose.

Personal data associated with the provision of direct marketing to you is stored and processed for a period of five (5) years from the date of your last active use of our marketing communication, or other expression of interest.

Personal data associated with the use of your BURRI products is stored and processed for a period of ten (10) years from the date of first use of the relevant product, unless the relevant data is lawfully processed for other purposes, for example the provision of personal benefits or for the purpose of individual direct marketing with your agreement or to pursue our legal rights, provided the storage of such information is considered necessary for this purpose.

Personal data associated with your feedback on our products and services is stored and processed for a period of three (3) years from the date of completion of the relevant survey or questionnaire.

After the aforesaid periods have expired, the relevant personal data is deleted unless it can be lawfully stored and processed for other purposes for which we have a legal basis.

8. Cookies/Web analysis/Web Fonts

Cookies:
We use cookies and similar technology to store your settings, in order to ascertain how our websites are used and to adapt our marketing offers.

A cookie is a small text file installed on your computer or mobile device as soon as you visit a website. It enables us to: (1) identify your computer; (2) store your settings; (3) ascertain which BURRI public elements AG websites you have visited; (4) enhance your user experience by measuring the effectiveness of content and adverts and adapt these to your interests; (5) perform searches and analyses; and (6) help you with security and administrative functions. Some cookies are filed in your browser cache, while cookies linked to flash technologies are stored in your Adobe Flash Player files.

As we use additional technologies, we may also collect information using other methods.

Please note that you can opt to be notified if a cookie is set or updated and that you can block cookies in general. You can find further information on this under "Help" in your browser. You can manage the use of flash technologies, including flash cookies and local shared objects, also using the flash management tools available on the Adobe website. Please note that blocking, deactivating or managing one or all cookies might prevent you accessing certain functions or offers on our websites.

Web analysis:

We use tracking technologies to continuously improve and optimise our offering. We use the services of Google Analytics for this.

Google Analytics:

This website uses Google (Universal) Analytics, a web analysis service of Google Inc. (www.google.ch). Google (Universal) Analytics uses methods that allow your use of the website to be analysed, e.g. cookies, text files that are stored on your computer. The information generated on your use of this website is normally transferred to and stored on a Google server in the USA. By activating IP anonymisation on this webiste, the IP address is abbreviated prior to transmission within the member states of the European Union or to other countries that are party to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a Google server in the USA and abbreviated there. The anonymised IP address transmitted from your browser via Google Analytics is not combined with other Google data.

You can prevent Google capturing the data generated by the cookie and related to your use of the website (including your IP address) and the processing of said data by Google by downloading and installing the browser plugin available via the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

As an alternative to the browser plugin, you can click on this link to prevent future capture by Google Analytics on this website. An opt-out cookie will be set up on your terminal. If you delete your cookies, you must click on the link again.

Web Fonts:

Our website uses "fonts.com", a font service provided by Monotype GmbH, Werner-Reimers-Straße 2-4, 61352 Bad Homburg (www.fonts.com). Each time you visit our website, files are loaded from a "fonts.com" server to display the texts in a specific font. Your IP address can be transmitted to a server of "fonts.com" and stored in the context of the usual weblog. The further processing of this information is incumbent on "fonts.com", the corresponding conditions and setting possibilities can be found in the data protection information of
„fonts.com" (https://www.fonts.com/info/legal,
https://www.monotype.com/de/rechtshinweise/datenschutzrichtlinie/).

9. Responsibility for processing
BURRI public elements AG, Christoph Schmid, Sägereistrasse 28, 8152 Glattbrugg, Switzerland, is the data officer responsible for the processing of your personal data.

Your rights

10. Access to your personal data and data transferability
You have the right to influence your personal data provided to BURRI public elements AG, by requesting us to update, expand or delete your data accordingly. The relevant contact details are given in Item 19.
For security reasons it is not possible for you to process your data in our data capture system yourself. You have the right to share your data with third parties.

11. Updating and/or deleting your personal data
We recommend that you always update the personal data you have provided to BURRI public elements AG whenever your personal data changes in any way. You can do this by sending us the required changes, which we will happily implement for you. You can find the relevant contact details for changes in Item 19 below. We will send you an email confirming the change.

To ensure that your personal data processed by us is up to date, please check your personal data at least once a year and have it changed as necessary.

At your request, your personal data will be irreversibly deleted from the BURRI public elements AG servers, unless BURRI public elements AG is authorised or obliged by applicable laws and/or regulations to store and process this data, without you cancelling your consent.

After deletion, your personal data will be deleted from the BURRI public elements AG servers immediately, although total deletion of any data that may be stored in your backup may take up to two (2) months.

12. Right to cancel your consent
Some of the processing activities carried out by BURRI public elements AG may be based on your consent. In such cases, you have the right to cancel your consent at any time. Cancelling your consent does not affect the legality of the data processing carried out prior to cancellation.

If you cancel your consent, BURRI public elements AG and third parties involved in the data processing will cease to process your personal data, unless further processing or storage is permitted or necessary under applicable legislation on personal data or other applicable laws and regulations. Please note that cancelling your consent may result in BURRI public elements AG being unable to fufil your enquiries or provide you with our services.

13. Right to restrict processed data and right to object
You have the right to restrict the processing of your personal data, if the personal data is not correct, the processing is unlawful but you object to the deletion of your personal data, BURRI public elements AG no longer needs your personal data for processing purposes but the storage of such data is required by you to enforce, exercise or defend legal rights before a court, or if BURRI public elements AG still has a legitimate interest in the relevant personal data. The relevant contact details are given in Item 19.

You have the right at any time to object to the processing of your personal data that has been collected and processed in order to exercise the legitimate interests of BURRI public elements AG, for example if we simplify your future purchases by storing your delivery information, or if we produce analyses and statistics on the nature, date and frequency of your use of BURRI products. The relevant contact details are given in Item 19.

You also have the right to object to your personal data being processed for direct marketing purposes. The relevant contact details are given in Item 19.

14. Right to complain
If you wish to complain to BURRI public elements AG about a data protection violation, please send your complaint by post to BURRI public elements AG, Christoph Schmid, Sägereistrasse 28, 8152 Glattbrugg, Switzerland, or by email to [email protected].

We will confirm receipt of your complaint within five (5) business days. We will do our best to resolve the problem as quickly as possible and within one (1) month of the date of the complaint. Should it take longer than one (1) month to respond to your complaint, we will notify you accordingly, giving reasons.

If you are not satisfied with the result or the handling of your complaint by BURRI public elements AG, you may contact the Swiss Federal Data Protection and Information Commissioner via contact form at www.edoeb.admin.ch.

Miscellaneous

15. Websites and services of third-party suppliers
BURRI public elements AG websites may contain links to other websites.

BURRI public elements AG is not responsible for the content or practices of such websites or services. The collection, use and sharing of your personal data are subject to the privacy policy of said third-party suppliers and not our privacy policy. We strongly advise you to read the data protection guidelines and privacy policy of the relevant third-party suppliers.

16. Data security
BURRI public elements AG is very mindful of the security of your personal data. We take the necessary organisational, technical and administrative measures to protect your personal data under the control of BURRI public elements AG, for example control of access to data, transmission, input and availability as well as separation of data.

Your personal data, and your credit card details, if you have provided these to BURRI public elements AG (e.g. at the online shop), are encrypted on BURRI public elements AG‘s secure web servers. Credit card details are passed on to one or more authorised and certified service providers and stored only as long as necessary to process the data. All external transfers of personal data by BURRI public elements AG are protected by encryption.

If you have reason to suspect that your interaction with BURRI public elements AG is no longer secure, please contact us immediately and tell us about the problem. The relevant contact details are given in Item 19.

17. Use by minors
BURRI public elements AG is not aimed or targeted at minors. Accordingly, our online services that collect personal data are not aimed at people under eighteen (18) years of age. We therefore ask that persons under 18 do not provide personal data to BURRI public elements AG. Minors must obtain the express permission of their parents or guardians before accessing or providing personal data. If we are advised by a parent or guardian or otherwise notified that a person under eighteen has provided their personal data to BURRI public elements AG, we will close the account of said minor, if applicable, and delete their personal data held by us.

18. Changes to our privacy policy
BURRI public elements AG may amend or update this privacy policy to take account as necessary of changes to products or services of BURRI and/or changes to the laws in force, applicable regulations or practices. You should regularly check for changes accordingly. The date of the last update is always given at the beginning of the document.

If substantial changes are made to this privacy policy, we will inform you either by publishing an announcement or notifying you accordingly.

19. Contact details
If you have any questions on our privacy policy or the processing of your personal data by BURRI public elements AG, please contact us at the following address:

BURRI public elements AG,
Christoph Schmid
Sägereistrass 28
8152 Glattbrugg
Switzerland
[email protected]
+41 44 874 44 22

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