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Version from 01 November 2023
1. Responsible Representative
2. Collection and processing of personal data
3. Purposes of data processing and legal basis
- Offering and further developing our offers, services and websites, apps and other platforms on which we are present;
- Communicating with third parties and processing their enquiries (e.g. applications, media enquiries)
- Examination and optimisation of procedures for needs analysis for the purpose of direct customer contact and collection of personal data from publicly accessible sources for the purpose of customer acquisition
- Advertising and marketing (including the organisation of events), provided that you have not objected to the use of your data (if we have provided your data as an existing customer).
- If you receive advertising from us, you can object to this at any time; we will then place you on a blacklist against further advertising mailings);
- Assertion of legal claims and defence in connection with legal disputes and official proceedings;
- Prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analyses to combat fraud);
- Ensuring our operations, in particular IT, our websites, apps and other platforms;
- Purchase and sale of business divisions, 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 and internal regulations of Original Fish AG.
If you have given us your consent to process your personal data for specific purposes (for example, when you register to receive newsletters or carry out a background check), we will process your personal data within the scope of and based on this consent, unless we have another legal basis and require one. Consent that has been given can be revoked at any time, but this has no effect on 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 technologies on our websites and apps to identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you use when you visit our website or install the app. This enables us to recognise you when you return to this website or use our app, even if we do not know who you are. In addition to cookies that are only used during a session and are deleted after your visit to the website (“session cookies”), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) (“permanent cookies”). However, you can set your browser so that it rejects cookies, only saves them for one session or otherwise deletes them prematurely. Most browsers are preset to accept cookies. We use permanent cookies to save your user settings (e.g. language, autologin) so that we can better understand how you use our offers and content and so that we can show you customised offers and advertising (which can also happen on websites of other companies; however, we do not tell them who you are, if we know this at all, because they only see that the same user is on their website who was also on a certain page on our website). Some of the cookies are set by us, some are also set by contractual partners with whom we work.
If you block cookies, certain functionalities (such as language selection, shopping basket, ordering processes) may no longer work.
In some of our newsletters and other marketing e-mails, we also include visible and invisible image elements, where permitted, which we can retrieve from our servers to determine whether and when you have opened the e-mail so that we can measure and better understand how you use our offers and tailor them to you. You can block this in your email programme; most are preset to do so.
By using our websites, apps and agreeing to receive newsletters and other marketing emails, you consent to the use of these technologies. If you do not want this, you must set your browser or email programme accordingly, or uninstall the app if this cannot be adjusted via the settings.
We sometimes use Google Analytics or similar services on our websites. This is a service provided by third parties, which may be located in any country in the world (in the case of Google Analytics, it is Google Ireland (based in Ireland), Google Ireland relies on Google LLC (based in the USA) as a processor (both “Google”, www.google.com), with which we can measure and analyse the use of the website (not personalised). Permanent cookies set by the service provider are also used for this purpose. We have configured the service so that the IP addresses of visitors to Google in Europe are truncated before being forwarded to the USA and therefore cannot be traced. We have switched off the “Data transfer” and “Signals” settings. Although we can assume that the information we share with Google is not personal data for Google, it is possible that Google can use this data for its own purposes to draw conclusions about the identity of visitors, create personal profiles and link this data to the Google accounts of these persons. If you have registered with the service provider yourself, the service provider also knows you. The processing of your personal data by the service provider is then the responsibility of the service provider in accordance with its data protection provisions. The service provider only informs us how our respective website is used (no information about you personally).
We also use plug-ins from social networks such as Facebook, X, YouTube, Pinterest, Xing, LinkedIn and Instagram on our websites. This is visible to you in each case (typically via corresponding icons). We have configured these elements so that they are deactivated by default. If you activate them (by clicking on them), the operators of the respective social networks can register that you are on our website and where and can use this information for their purposes. The processing of your personal data is then the responsibility of this operator in accordance with its data protection provisions. We do not receive any information about you from them.
5. Data transfer to third parties
As part of our business activities and for the purposes set out in section 3, we also disclose data to third parties to the extent permitted and deemed appropriate, 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 bodies:
- Service providers of ours (such as banks, insurance companies), including contract processors (such as IT providers);
- Dealers, suppliers, subcontractors and other business partners;
- domestic and foreign authorities, official bodies or courts;
- the media;
- the public, including visitors to websites and social media;
- Competitors, industry organisations, associations, organisations and other bodies;
- acquirers or parties interested in acquiring business areas;
- other parties in potential or actual legal proceedings;
all recipients together.
If we pass on data to third parties, we observe the legal requirements and, in particular, conclude order processing contracts or similar agreements with the respective recipients in order to protect your personal data.
6. Data transmission abroad
We may disclose data to persons, authorities, organisations, companies or other bodies abroad. In particular, we may transfer personal data to all countries in which our processors process personal data.
If a recipient is located in a country without adequate statutory data protection, we contractually oblige the recipient to comply with the applicable data protection regulations (we use the revised standard contractual clauses of the European Commission, which are available here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless the recipient is already subject to a legally recognised set of rules to ensure data protection and we cannot rely on an exemption clause. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the fulfilment of a contract requires such disclosure, if you have given your consent or if the data in question has been made generally accessible by you and you have not objected to its processing.
7. Duration of storage of personal data
We process and store your personal data for as long as is necessary for the fulfilment of our contractual and legal obligations or otherwise for the purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, processing to the termination of a contract) and beyond that in accordance with the statutory retention and documentation obligations. It is possible that personal data may be stored for the period in which claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or legitimate business interests require this (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 anonymised as far as possible. Shorter retention periods of twelve months or less generally apply to operational data (e.g. system protocols, logs).
8. Data security
We take appropriate technical and organisational security precautions to protect your personal data from unauthorised access and misuse.
These include the following measures: Employee training, regular checks, encryption of messages and data carriers.
We take the protection of personal data into account as early as the development or selection of hardware, software or processes through appropriate technical and organisational measures. We also ensure data protection-friendly default settings.
9. Obligation to provide personal data
As part of our business relationship, you must provide the personal data that is necessary for the establishment and implementation of a business relationship and the fulfilment of the associated contractual obligations (as a rule, you do not have a legal obligation to provide us with data). Without this data, we will generally not be able to enter into or fulfil a contract with you (or the entity or person you represent). The website can also not be used if certain information to secure data traffic (such as IP address) is not disclosed.
10. Profiling and automated decision-making
We process your personal data partially automatically with the aim of evaluating certain personal aspects (profiling). We use profiling in particular to provide you with targeted information and advice about products. In doing so, we use evaluation tools that enable us to provide needs-based communication and advertising, including market and opinion research.
As a matter of principle, we do not use fully automated decision-making (as regulated in Art. 21 rev or DSG22 GDPR) to establish and implement the business relationship or otherwise. Should we use such procedures in individual cases, we will inform you of this separately if this is required by law and inform you of the associated rights.
11. Rights of the data subject
You have the following rights within the scope of the data protection law applicable to you and to the extent provided for therein (such as in the case of the GDPR):
- the right to request information from us as to whether and which of your data we are processing;
- the right to have us correct data if it is incorrect;
- the right to request the deletion of data;
- the right to request that we provide you with certain personal data in a commonly used electronic format or transfer it to another controller
- the right to withdraw consent where our processing is based on your consent
- the right to request further information necessary to exercise these rights
- the right to express your point of view on automated individual decision-making (point 10) and to request that the decision be reviewed by a natural person.
Please note, however, that we reserve the right to assert the restrictions provided for by law, for example if we are obliged to store or process certain data, have an overriding interest in doing so (insofar as we are entitled to invoke this) or require it for the assertion of 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 exercising these rights may conflict with contractual agreements and may have consequences such as premature cancellation of the contract or cost consequences. We will inform you in advance if this is not already contractually regulated.
The exercise of such rights generally requires that you clearly prove your identity (for example, by means of a copy of an identity document 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.
Every data subject also has the right to enforce their claims in court or to lodge 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).