I. General Provisions
1. Controller, Data Protection Officer
Should a Bucher Emhart Glass company or affiliate disclose personal data to another Bucher Emhart Glass company or affiliate for certain purposes of the receiving company or affiliate, such company or affiliate is the controller according to article 4 (7) GDPR.
Bucher Emhart Glass has not appointed a data protection officer according to article 37 GDPR save for the following Bucher Emhart Glass companies: Emhart Glass GmbH, Germany. Furthermore, any inquiry, claim or concern regarding data protection at Bucher Emhart Glass can be addressed to the following contact person in case no specific contact is listed in Section II: email@example.com(link sends e-mail).
The representative of companies and affiliates of Bucher Emhart Glass domiciled outside of the EU or EEA respectively (article 27 GDPR) is Emhart Glass GmbH, Germany.
2. Processing of Personal Data
Bucher Emhart Glass collects and processes personal data of
users of its WEBSITES registered with Bucher Emhart Glass;
individuals and legal entities purchasing and receiving/benefitting from products and services of Bucher Emhart Glass;
potential or actual parties interested in products and services of Bucher Emhart Glass;
recipients of newsletters of Bucher Emhart Glass;
participants in research campaigns and opinion surveys conducted by Bucher Emhart Glass;
participants in courses, seminars and other training organized by Bucher Emhart Glass; and
users of WIFI provided at Bucher Emhart Glass stores and other locations.
The personal data of CUSTOMERS is generally collected directly during the course of using the WEBSITE, in stores or at events of Bucher Emhart Glass or Bucher Emhart Glass retailers respectively or in direct communication via email, telephone or otherwise. However, personal data can also be collected indirectly, in particular through further acquisition of supplementary information from third party data sources (e.g. social media, address brokers).
In particular, the following categories of personal data is processed by Bucher Emhart Glass:
Data related to individuals including but is not limited to first and last name, maiden name, address, residence, telephone number, email address, date of birth, gender, marital status, rel-atives, contact in case of emergency, pictures, etc.;
Data pertaining to orders and purchases including but is not limited to payment information, credit card details and other payment details, billing and shipping address, products and ser-vices ordered and purchased, information connected to queries, complaints and disagree-ments relating to products and services or respective contracts entered into such as warranty claims, rescissions and disputes, information regarding CUSTOMERS blacklisted by Bucher Emhart Glass, etc.;
Data in connection with product and services marketing including but is not limited to infor-mation such as newsletter opt-ins and opt-outs, documents received, invitations to and partici-pations at events and special activities, personal preferences and interests, etc.;
Data concerning the use of the WEBSITE including but is not limited to the IP address and other identification (e.g. user name of social media, MAC address of smartphones or comput-ers, cookies), date and time of WEBSITE visits, visited sites and contents, referring websites, etc.
Data in connection with communication such as preferred means of communication, corre-spondence and communication with Bucher Emhart Glass (including records of the communi-cation), etc.;
Data which was collected in connection with a customer program such as number of mem-bership, access codes (including passwords), preferred langue, number of gift certificate, date and duration of the membership, payment information of the customer or a potential third par-ty, information concerning the recipient of a gift, number of visits of the WEBSITE, purchase history, products acquired, etc. (besides all WEBSITE accounts, activities and events for which a CUSTOMER must register with his personal data and thus enter into a contract with the re-spective companies of Bucher Emhart Glass shall be deemed a customer program for the pur-poses of this policy);
(together CUSTOMER DATA).
In addition, Bucher Emhart Glass collects and processes the following personal data:
Data of users of the WEBSITE, who do not register with Bucher Emhart Glass (VISITOR) but may constitute personal data for example with social media (VISITOR DATA), the provisions of this policy regarding data collected from a CUSTOMER in connection with the use of the WEBSITE shall apply accordingly even though the identification of a VISITOR usually is not possible for Bucher Emhart Glass;
Information pertaining to employees and contacts of their dealers, suppliers and further business partners (hereinafter natural persons shall be referred to as PARTNERS their data as PARTNER DATA) such as in particular contact details, information regarding their function, in-formation relating to the previous contact with these individuals, data regarding marketing ac-tivities (e.g. receipt of newsletters), information regarding business transactions, requests, of-fers, tenders, conditions and contracts, information related to professional or other interests of the individuals.
4. Disclosure of Data and Transfer of Data Abroad
In accordance with applicable data protection laws, Bucher Emhart Glass may disclose CUSTOMER DATA, VISITOR DATA and PARTNER DATA to the following categories of third parties who process PERSONAL DATA in accordance with the purposes set out above on behalf of Bucher Emhart Glass or for their own purposes:
service providers (within Bucher Emhart Glass as well as external), including processors;
dealers, suppliers and other business partners;
customers of Bucher Emhart Glass;
local, national and foreign authorities;
the public including visitors of websites and social media of Bucher Emhart Glass;
industry organizations, associations, organizations and other committees;
acquirers or parties interested in acquiring business units, companies or other parts of Bucher Emhart Glass;
other parties in potential or actual legal proceedings;
companies of Bucher Emhart Glass
companies of the Bucher Industries Group
(together THIRD PARTIES).
Bucher Emhart Glass may disclose CUSTOMER DATA, VISITOR DATA and PARTNER DATA within Bucher Emhart Glass as well as to third parties and in every country worldwide, including in particular all countries in which Bucher Emhart Glass is represented by companies, affiliates or other offices and representatives, as well as to countries in which service providers of Bucher Emhart Glass process their data. If data is disclosed to countries that do not guarantee adequate protection, Bucher Emhart Glass will ensure adequate protection of data disclosed by CUSTOMERS, VISITORS or PARTNERS by way of putting adequate contractual guarantees in place, in particular on the basis of EU model clauses, binding corporate rules or it bases the transfer on the exceptions of consent, conclusion or performance of contract, the determination, exercise or enforcement of legal claims, overriding public interests or it discloses the data in order to protect the integrity of these individuals. The CUSTOMER, VISITOR or PARTNER can obtain a copy of the contractual guarantees from or will be advised where to obtain such copies by the respective controller. Bucher Emhart Glass reserves the right to redact such copies for reasons of data protection or secrecy reasons.
5. Store of Data
As a rule, Bucher Emhart Glass retains contract related CUSTOMER DATA, VISITOR DATA and PARTNER DATA as long as the contractual relation is ongoing or it has an interest in them (in particular an interest for reasons of proof in case of claims, documentation of compliance with certain legal or other requirements, operational reasons) or it is obligated to do so (by way of contract, law or other provisions). Deviating legal obligations are reserved in particular with respect to anonymization or pseudonymization.
6. Cookies, Google Analytics and Social Plug-Ins
In accordance with applicable law, Bucher Emhart Glass may install coding in newsletters and other marketing email which allow it to determine if the recipient has opened an email or downloaded pictures contained in the email. However, the recipient may block this application in his/her email application. In any case the recipient consents to the application of this technology by way of receiving newsletters on other marketing related emails.
Should Bucher Emhart Glass place advertisement of third parties on the WEBSITE (e.g. banners) or intend to place an own ad on the website of a third party, cookies from companies specializing in the use of such advertisement may be employed. Bucher Emhart Glass will not disclose personal data to such companies, i.e. they shall only place a permanent cookie with users of the WEBSITE in order to recognize users and do so in the sole interest of Bucher Emhart Glass. This allows Bucher Emhart Glass to place aimed advertisements for these individuals on external websites (e.g. in connection with products for which these individuals showed an interest in the online-shop). Bucher Emhart Glass will not disclose personal data to the operators of external websites either.
Bucher Emhart Glass may use Google Analytics or similar services on its WEBSITE. These applications are third party services which allow Bucher Emhart Glass to measure and analyze the use of its WEBSITE. The provider of these services may be located in any country worldwide (in the case of Google Analytics which is operated by Google Inc. it is the U.S., (www.google.com(link is external). The service provider uses permanent cookies for these applications. Bucher Emhart Glass will not disclose any personal data to the service provider (who will also not save any IP addresses). The service provider may, however, monitor the use of the WEBSITE by the user and combine this data with data from other websites monitored by the same service provider which the user has visited and the servicer may use these findings for its own benefits (e.g. control of advertisement). The service provider knows the identity of the user who has registered with the service provider. In this case the processing of personal data will be the service provider's responsibility and data shall be processed according to the data protection policies of the service provider. The service provider will provide data on the use of the WEBSITE to Bucher Emhart Glass.
In addition, Bucher Emhart Glass may use plug-ins from social media networks such as Facebook, Twitter, Youtube, Google+, Pinterest or Instagram on its WEBSITE. In the default setting of the WEBSITE plug-ins are deactivated; the user can thus choose when to activate them. Should the user do so, the social media providers are able to establish a direct connection to the user during his visit on the WEBSITE, which allows the provider to be aware of the user's visit and may analyze the respective information. The subsequent processing of the personal data will be conducted in the responsibility of the provider and according to his data protection policies. The provider of the respective social media offering will not disclose any information to Bucher Emhart Glass.
7. Rights of the Customer, Visitors and Partners
Any affected individual subject to the GDPR, including any CUSTOMER, VISITOR and PARTNER, may request information from Bucher Emhart Glass as to whether data concerning them is being processed. In addition, such affected individuals have the right to request the correction, destruction or restriction of personal data regarding them as well as to object to the processing of personal data. Should the processing of personal data be based on consent, such affected individuals may withdraw consent at any time. In certain cases, such affected individuals have the right to obtain data generated during the use of online services in a structured, common and machine-readable format which allows for further use and transfer. Request in this respect shall be submitted to the contact person (see para. 1). Affected individuals not subject to the GDPR may have similar rights under applicable data protection laws. Bucher Emhart Glass reserves the right to restrict the rights of any affected individual in accordance with applicable law and e.g. not to disclose comprehensive information or not to delete data.
Should Bucher Emhart Glass make an automated decision with respect to a certain individual which may have a legal effect for the affected individual or seriously affect her in a similar way, the affected individual shall have, in accordance with applicable law, the right to communicate with a controller of Bucher Emhart Glass and to request a reconsideration of the decision or to request the prior evaluation by the controller. In this case the affected individual might no longer be able to use certain automated services. The individual will be informed thereof subsequently or separately in advance.
Any affected individual may also raise a complaint with the competent data protection authority of the respective country.
8. Changes to the Data Protection Policy
II. Specific Provisions
The following provisions shall supplement the general provisions set out in Section I above for certain activities of Bucher Emhart Glass. In the event there is any inconsistency, the following provisions shall prevail the general provisions set out in Section I.
Online shops of Bucher Emhart Glass may automatically decide whether to enter into purchase agreements. However, Bucher Emhart Glass does not deem this an automated individual decision according to article 22 GDPR. In the event the CUSTOMER does not wish such an automated entering into an agreement he has the option to purchase products and services from Bucher Emhart Glass at Emhart Glass SA, Sales Department, Hinterbergstrasse 22, 6312 Steinhausen, Switzerland.
Any requests, claims and information regarding data protection may be addressed to the following contact person: firstname.lastname@example.org(link sends e-mail).
2. Newsletter and Banner Advertisement
Bucher Emhart Glass may send newsletters or other commercial communications in connection with its products and services to CUSTOMERS and PARTNERS. In accordance with applicable law Bucher Emhart Glass reserves the right to do so without prior consent of existing customers and business partners. However, the respective customers and business partners may object to a further mailing of newsletters or other commercial communications at any time through their account on the respective WEBSITE or through the link indicated in every mailing. However, the termination of one newsletter may not entail the termination of other newsletters, as well.
It is possible that personalized advertisement is placed during the visit on the WEBSITE. Every banner advertisement displayed to the CUSTOMER contains products offered on the WEBSITE which have previously been looked at by the customer. The advertisement is generated by Bucher Emhart Glass by the means of cookies (see Section I para. 6 above).